Transcript of Net Neutrality
Title I provider
What were they before?
FCC - Administrative Body
By virtue of your existence, and their regulatory purview, they don't need a warrant/reasonable suspicion/probable cause when operating in their domain (think TSA and pat downs or Terry stops)
Legal Differences
FCC+CIA+DHS+FBI
FCC, as any gov't org is wont to do, has relationships with all of the other agencies and several well-heeled corporate types.
Cozy Relationships
Can you see where this is going?
FCC Rules
DHS issues take-down notices
FBI administers DCS (a system to support CALEA)
CIA had FBIS (which worked in conjunction with FCC to tap domestic broadcasts)
https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/books-and-monographs/foreign-broadcast-information-service/3-FBIS-New-Service-in-FCC.pdf
Unreleased (for at most 60 days)
317 Pages
3-2 vote along party lines
ISPs are now a Title II Common Carrier
What Happened
About 10 subchapters to include LE requirements (although the CALEA stuff applied to fixed location broadband providers even though they are Title I)
Old Provisions for ISPs (very short)
https://www.law.cornell.edu/uscode/text/47/chapter-5/subchapter-II/part-I
New Provisions (very long)
https://www.law.cornell.edu/uscode/text/47/chapter-5/subchapter-II/part-I
What is the difference
“Because of its position as a working branch of FCC, FBIS was for nearly a year engaged in work other than monitoring of foreign broadcasts. It was made responsible for policing domestic foreign language broadcasts. This work was started by FCC in September 1940, a year and half before FBMS was launched. At the time there were more than 200 1I.S. broadcasting stations with programs in foreign languages, and with the war in Europe these programs continually cane under suspicion. Following a growing flood of complaints, FCC decided to monitor all foreign-language broadcasts. Under the direction of Dawson, a Foreign Language Broadcast and Translation Section was set up. At one time it employed 24 translators and a sizeable staff of typists to process the recordings delivered by FCC engineers. FCC announced on 29 July 1942 that their entire section had been transferred to FBIS. “
CIA Relationship
Net Neutrality
Agency operating in their domain sees/hears
an item of interest to LE orgs. LE orgs use
parallel construction to obscure the initial
tipper. What better than the content police
for this task?
FCC hearts Connected Companies
http://en.wikipedia.org/wiki/LightSquared#FCC_authorization
LightSquared was granted a special pass to operate in bands
others were not permitted to due to interference concerns
but wait...there's more!
Who is LightSquared, and y r they speshul?
On September 15, 2011, Representative Michael Turner (R-Ohio) asked the United States House Oversight and Government Committee to investigate LightSquared under the premise that the Federal Communications Commission waived a rule for LightSquared because Harbinger Capital's Philip Falcone had made sizable campaign contributions to President Barack Obama.
What were they before?
FCC - Administrative Body
By virtue of your existence, and their regulatory purview, they don't need a warrant/reasonable suspicion/probable cause when operating in their domain (think TSA and pat downs or Terry stops)
Legal Differences
FCC+CIA+DHS+FBI
FCC, as any gov't org is wont to do, has relationships with all of the other agencies and several well-heeled corporate types.
Cozy Relationships
Can you see where this is going?
FCC Rules
DHS issues take-down notices
FBI administers DCS (a system to support CALEA)
CIA had FBIS (which worked in conjunction with FCC to tap domestic broadcasts)
https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/books-and-monographs/foreign-broadcast-information-service/3-FBIS-New-Service-in-FCC.pdf
Unreleased (for at most 60 days)
317 Pages
3-2 vote along party lines
ISPs are now a Title II Common Carrier
What Happened
About 10 subchapters to include LE requirements (although the CALEA stuff applied to fixed location broadband providers even though they are Title I)
Old Provisions for ISPs (very short)
https://www.law.cornell.edu/uscode/text/47/chapter-5/subchapter-II/part-I
New Provisions (very long)
https://www.law.cornell.edu/uscode/text/47/chapter-5/subchapter-II/part-I
What is the difference
“Because of its position as a working branch of FCC, FBIS was for nearly a year engaged in work other than monitoring of foreign broadcasts. It was made responsible for policing domestic foreign language broadcasts. This work was started by FCC in September 1940, a year and half before FBMS was launched. At the time there were more than 200 1I.S. broadcasting stations with programs in foreign languages, and with the war in Europe these programs continually cane under suspicion. Following a growing flood of complaints, FCC decided to monitor all foreign-language broadcasts. Under the direction of Dawson, a Foreign Language Broadcast and Translation Section was set up. At one time it employed 24 translators and a sizeable staff of typists to process the recordings delivered by FCC engineers. FCC announced on 29 July 1942 that their entire section had been transferred to FBIS. “
CIA Relationship
Net Neutrality
Agency operating in their domain sees/hears
an item of interest to LE orgs. LE orgs use
parallel construction to obscure the initial
tipper. What better than the content police
for this task?
FCC hearts Connected Companies
http://en.wikipedia.org/wiki/LightSquared#FCC_authorization
LightSquared was granted a special pass to operate in bands
others were not permitted to due to interference concerns
but wait...there's more!
Who is LightSquared, and y r they speshul?
On September 15, 2011, Representative Michael Turner (R-Ohio) asked the United States House Oversight and Government Committee to investigate LightSquared under the premise that the Federal Communications Commission waived a rule for LightSquared because Harbinger Capital's Philip Falcone had made sizable campaign contributions to President Barack Obama.
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