Judge Richard Leon of U.S. District Court in the District of Columbia rejected requests from the Justice Department to delay a hearing in Klayman v. Obama on the “unconstitutional collection” of telephonic metadata by the NSA, a Freedom Watch news release said Tuesday. After Friday's U.S. Court of Appeals for the D.C. Circuit decision sending the case back to Leon, citing lack of evidence the plaintiffs’ Fourth Amendment rights were violated (see 1508310042), he scheduled a hearing for Wednesday at noon. “It is thus clear that the court intends to move this case along to get to the bottom of the unconstitutional surveillance, and to move it to trial as soon as possible,” Freedom Watch said. Founder and plaintiff Larry Klayman said he was pleased Leon is “moving quickly to address the continued Orwellian illegal surveillance of all Americans.” Klayman said Leon previously referred to the case as the “pinnacle of national importance” and said he hopes the judge will “implement a procedure to allow us to quickly seek and obtain justice.”
The FCC’s Daily Digest email won’t go out during the outage period caused by the IT upgrades starting Wednesday evening, and the commission doesn’t plan to release any official documents during that period (see 1508200049), the FCC said in an email sent to Digest subscribers Tuesday afternoon. The Digest will be “paused” starting Thursday or Friday, and is expected to resume Sept. 8. The IT upgrades and accompanying outage are expected to begin Wednesday at 6 p.m. “Distribution of the Daily Digest will resume when the systems are available again,” the email said. Though the FCC doesn’t plan to release any official documents during the outage, it will have “a mechanism” for releasing hard copy documents “should there be a pressing need,” the email said. “Any such releases that would ordinarily appear in the Daily Digest will be included in the Daily Digest when it is next issued.”
Changes made to the National Security Letter (NSL) statute are often overlooked in discussion about the impact of the USA Freedom Act and reforms to the intelligence community, wrote Electronic Frontier Foundation Executive Director Cindy Cohn and Deputy Executive Director Kurt Opsahl in a blog post Monday. “USA Freedom did not fix the problem of overbroad, potentially eternal gag orders, or the fact that the NSL statute relegates the court to little more than a rubber stamp,” Cohn and Opsahl wrote. In a ruling made public last week, the 9th U.S. Circuit Court of Appeals in San Francisco used the minimal changes as “cause for another delay in considering the constitutionality of NSLs in two” EFF cases, they said. Gag orders will continue to prevent EFF’s clients from “participating fully in the debate around USA Freedom” and the debate on national security surveillance in general, Cohn and Opsahl said. “While we’re extremely disappointed, we will continue to push forward to get the gags lifted, allow our heroic clients to speak freely, and seek to have the NSL statute declared unconstitutional.”
The FCC email system won’t be affected by the IT upgrade and associated outage, but Internet access at commission headquarters may be unavailable at times during the six-day period starting Wednesday evening (see 1508200049), an FCC spokesman told us Monday. “Employees at Gettysburg, at FCC’s field locations, or employees who telework will continue to access email with no change,” he said. The phones at the commission will work, but voicemail won’t, the spokesman emailed. “Every Bureau and Office main phone line will be staffed during business hours to assist the general public or practitioners.”
Verizon "walked away" from about $570 million in broadband support in eight states, the Communications Workers of America said in a release Thursday. The telco that day conditionally accepted $48.6 million of $143.9 million in subsidies it was offered for each of the years 2015-2020 under the FCC Connect America Fund Phase II program (see 1508270068). “Verizon’s track record is clear,” said Bob Master, assistant to the vice president of CWA District One. “Even while raking in a billion dollars per month in profits, Verizon is turning its back on underserved communities by refusing federal subsidies to expand high-speed internet access. Instead, its top priority is slashing job and retirement security for its employees and eliminating benefits for workers injured on the job.” The CWA and Verizon are in a labor contract dispute (see 1507310059). A Verizon spokesman emailed in response: "CWA leadership once again is choosing to distract from the real task at hand: serious negotiations on a fair contract for its members. The fact is Verizon continues to invest billions and to deploy broadband across the states and communities in question, and we will meet all of our deployment commitments." Verizon conditionally accepted the CAF support in two states as expected (see 1508240035), California and Texas, where (along with Florida) it's selling its systems to Frontier Communications. But CWA noted Verizon declined support to provide 10/1 Mbps broadband to 270,000 locations in Delaware, Massachusetts, Maryland, New Jersey, New York, Pennsylvania, Rhode Island, Virginia and Washington, D.C.
Correction: AT&T will build new towers to deploy advanced wireless technologies in previously unserved areas, the telco said in accepting FCC Connect America Fund Phase II support in 18 states (see 1508270068).
The FCC authorized four telcos to receive almost $950 million in Connect America Fund support, the Wireline Bureau said Friday in a public notice in docket 10-90 after the companies Thursday announced the states for which they had decided to accept Phase II funding (see 1508270068). CenturyLink will receive $505.7 million, AT&T will receive $427.7 million, Consolidated Communications will receive $13.9 million and Cincinnati Bell will receive $2.2 million for 2015. The bureau also issued a public notice saying Verizon had accepted $48.6 million Phase II support in California and Texas, conditioned on regulatory approvals of its wireline system sales in those two states to Frontier Communications. Responding to a Verizon request to defer CAF support until the deal closes, the bureau directed Universal Service Administrative Co. to suspend support to Verizon in the two states until further notice. In total, 10 price-cap carriers have accepted up to $1.5 billion in CAF Phase II annual support through 2020 to provide 10/1 Mbps broadband to almost 7.3 million consumers in rural, high-cost areas of 45 states, said Wireline Bureau Deputy Chief Carol Mattey in a Friday blog post. “The funding that will flow to these areas will go a long way toward closing the digital divide isolating rural America.” Mattey said some companies didn’t accept support in some states, but the agency is preparing to “unleash the power of market competition to provide broadband” in those areas. “The FCC will open the door for other companies, including cable companies, neighboring rate-of-return carriers, electric companies, satellite companies and fixed-wireless providers, to compete for the first time with the price cap carrier incumbents to win these subsidies through a market-based auction,” she said, referring to a reverse auction the commission is developing in which the low bidder would win the subsidy in a high-cost area. “Our Rural Broadband Experiments program demonstrated that competitive auctions can draw interest from a variety of providers willing to provide faster broadband at lower cost, and we now are eager to implement competitive bidding on a larger scale across the country.”
The U.S. Court of Appeals for the D.C. Circuit on Friday reversed on a 2-1 vote a U.S. District Court in Washington ruling that said NSA bulk collection of phone call data was unconstitutional. The ruling, issued by Judges Janice Brown, David Sentelle and Stephen Williams, remanded the case to the lower court on the grounds the plaintiffs didn't prove their individual phone records were collected. Larry Klayman, who sued the federal government over NSA collection of bulk phone data, was joined by the Electronic Frontier Foundation (EFF) and the Center for National Security Studies (CNSS), which filed as amici curiae. In her opinion, Brown said the plaintiffs' argument "leaves some doubt about whether plaintiffs' own metadata was ever collected," which goes against the central allegation that their rights were violated. Williams agreed with Brown, and said the plaintiffs claim to suffer injury from phone records collection but they can't prove their Verizon Wireless phone call records were collected by the NSA, since the only provider the government has acknowledged collecting records from is Verizon Business Network Services. In his dissenting opinion, Sentelle said he agreed the injunction against the government should be overturned, but argued the case should be dismissed, not remanded to the District Court. EFF and CNSS didn't comment.
To honor former Commissioner Joshua Wright’s tenure at the FTC, after his last day at the agency Monday, Truth on the Market hosted a symposium -- a collection of commentaries and contributions -- throughout the week. International Center for Law and Economics Executive Director Geoffrey Manne organized the symposium and wrote that what others at the FTC learned from Wright is an open question, “but there’s no doubt that Josh offered an enormous amount from which they could learn.” He should be applauded for bringing economics to the commission, Manne said. Wright’s tenure may have been relatively short, but he “used every moment of it to assiduously advance his singular, and essential, mission,” Manne said. Others commenting on Wright’s legacy included TechFreedom President Berin Szoka and former FTC Chairman Timothy Muris.
The FCC Enforcement Bureau (EB) said it's adopting new procedures for addressing industry and public safety complaints. The bureau said the FCC will launch a new portal for those otherwise unable to resolve interference complaints. “Once operational, the complaint intake system should allow such complainants to receive immediate confirmation of the FCC’s receipt of their complaints, as well as permit them to track the status of their complaints within the FCC,” the bureau said Thursday. The system will automatically transfer complaint information from the Web portal to the bureau’s case management database, “accelerating investigations and reducing the possibility of human error,” the bureau said. FCC field offices will contact complainants raising high-priority issues within a single calendar day, the bureau said. Low-priority complaints will receive an initial response within five business days of filing. “The public safety/industry interference complaint escalation process will improve complainants’ ability to stay informed of the status of their complaint,” the bureau said. “This process also will enable public safety/industry stakeholders to develop mutually beneficial relationships with the EB field agents in their area.” In July, the FCC approved a plan reorganizing Enforcement Bureau field offices, which includes shutting some of the offices (see 1507160036).