FCC Commissioner Accuses Her Own Agency Of A Net Neutrality Cover Up

from the ill-communication dept

We've long discussed how the Pai FCC's net neutrality repeal was plagued with millions of fraudulent comments, many of which were submitted by a bot pulling names from a hacked database of some kind. Millions of ordinary folks (like myself) had their identities used to support Pai's unpopular plan, as did several Senators. Numerous journalists have submitted FOIA requests for more data (server logs, IP addresses, API data, anything) that might indicate who was behind the fraudulent comments, who may have bankrolled them, and what the Pai FCC knew about it.

But the Pai FCC has repeatedly tried to tap dance around FOIA requests, leading to several journalists (including those at the New York Times and Buzzfeed) suing the FCC. Despite the Times' lawyers best efforts to work with the FCC to tailor the nature of their requests over a period of months, the agency continues to hide behind FOIA exemptions that don't really apply here: namely FOIA exemption 6 (related to protecting privacy) and 7E (related to protecting agency security and law enforcement activity).

And while the Times and Buzzfeed had appealed the FCC's ruling, the FCC this week released a memorandum and order formally denying those requests. In it, the FCC doubles down on the claims that it's simply blocking the release of this data because it's super worried about the privacy of FCC commenters (though again, if you actually read the Times lawsuit, you'll note the FCC was utterly inflexible in terms of narrowing down the scope of requests).

FCC lawyers also try to make the amusing claim that the press really doesn't need this data because there's other investigations (including one at the GAO) trying to get to the bottom of the scandal:

"Confessore proffers a putative public interest in understanding the integrity of the Commission’s comment process. This question, however, is being or has already been examined by other press outlets,51 Commission staff, and the Government Accountability Office, among others. Confessore has not provided us with any reason to believe that his review of this data would significantly advance any public interest beyond the investigations that are already underway."

Of course this is the same FCC that has also actively blocked law enforcement efforts to get to the bottom of the scandal, refusing nine inquiries from the NY AG over a period of five months for additional data. So while the Pai FCC breathlessly claims it's all about transparency and integrity, their actions on this subject (and that whole fake DDOS attack they concocted in a weird bid to downplay public backlash) tend to undermine these claims.

Meanwhile, Pai's fellow Commissioner, Jessica Rosenworcel, has certainly taken off the gloves in recent weeks. She hit Twitter and issued a statement that effectively accused her own agency of engaging in a cover up of fraudulent activity:

Her full statement (pdf) is also worth a read, and doesn't pull any punches:

"Instead of providing news organizations with the information requested, in this decision the FCC decides to hide behind Freedom of Information Act exemptions and thwart investigative journalism. In doing so, the agency asserts an overbroad claim about the security of its public commenting system that sounds no more credible than its earlier and disproven claim that the system was the subject of distributed denial of service attack. It appears this agency is trying to prevent anyone from looking too closely at the mess it made of net neutrality. It is hiding what it knows about the fraud in our record and it is preventing an honest account of its many problems from seeing the light of day.

Pai's justification for the FOIA blockade tries very heavily to insist this is all just unfair partisan gamesmanship. But at this juncture his FCC's record when it comes to transparency, blatant telecom sector cronyism, and bizarre scandals has pretty much been established. This is an agency that not only used bullshit telecom lobbyist data to undermine policies that had broad, bipartisan public support, it has been rocked by scandal after scandal, fought tooth and nail against real transparency on numerous fronts, and has refused to give any real weight to the will of the tech-savvy public.

Pai comes off as an unwavering ideologue who truly seems to believe he's doing an incredible job of "unleashing innovation" despite every shred of evidence to the contrary (not unlike the man who appointed him to the position). Unfortunately for Pai, whose post-FCC political ambitions couldn't be any more obvious, his legacy will likely be the giant middle finger he's given to tech-savvy Millennials. As for the fake comments specifically, they're likely to play a starring role in next February's net neutrality lawsuits, which will look to prove the agency violated the Administrative Procedure Act by ignoring the will of the public as it rushed to give AT&T, Verizon, and Comcast a sloppy kiss for the ages.


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  • icon
    That Anonymous Coward (profile), 5 Dec 2018 @ 6:30am

    Dear DoJ,

    The FCC is just the latest in a long line of Federal entities that have betrayed their position & the public trust.

    Perhaps if we started punishing those bad actors who are given cushy jobs by those they are supposed to oversee we might actually have faith that the system isn't entirely corrupt and we're being sold out so they can line their pockets with money stolen from us.

    reply to this | link to this | view in chronology ]

    • icon
      Anonymous Anonymous Coward (profile), 5 Dec 2018 @ 7:19am

      Re:

      Unfortunately the DoJ is one of those Federal entities that has betrayed their position & the public trust. Which leaves us where? Who is going to arrest/sue the various other entities who need it? Short of some future Chief Executive appointing a slew of special prosecutors and overhauling the DoJ substantially, on the road to hell.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Dec 2018 @ 8:31am

      Re:

      I'm honestly not sure if you're being naive or just sassy. Poe's law strikes again.

      reply to this | link to this | view in chronology ]

  • identicon
    MathFox, 5 Dec 2018 @ 7:10am

    What is the worst possible relevation?

    Seeing how the FCC drags it's feet I'm willing to bet on the outcome of the investigation: Those fraudulent comments were sent from the offices of all big ISPs.

    reply to this | link to this | view in chronology ]

  • icon
    Toom1275 (profile), 5 Dec 2018 @ 8:39am

    One of Ajit Lai's attacks on Roseworcel:

    Rosenworcel neglected to mention "the fact that the half-million comments submitted from Russian email addresses and the nearly eight million comments filed by email addresses from email domains associated with FakeMailGenerator.com supported her position on the issue!"

    Hmm... So supposedly Rosenworcel is the one covering up evidence against her "side"... By being the one pushing for all the evidence to be released...

    Yeah, no. That's not how it works, Mr. Projector.

    reply to this | link to this | view in chronology ]

  • icon
    Bamboo Harvester (profile), 5 Dec 2018 @ 9:06am

    The suit...

    ...must be advancing.

    Bureaucrats don't publicly denounce their bosses unless they know the boss is on his way out and they're positioning themselves to take that chair.

    reply to this | link to this | view in chronology ]

    • icon
      JoeCool (profile), 5 Dec 2018 @ 9:25am

      Re: The suit...

      Maybe, or maybe they're so sick of the toxic environment they work in that this is their way of "quitting". Draw some attention as they get booted.

      reply to this | link to this | view in chronology ]

    • identicon
      carlb, 5 Dec 2018 @ 10:30am

      Re: The suit...

      "Bureaucrats don't publicly denounce their bosses unless they know the boss is on his way out and they're positioning themselves to take that chair."

      I don't think this is how this works. The FCC is a commission, led by five commissioners. Three of the current five were selected by the party in power, two were selected by the opposition party.

      If Jessica Rosenworcel is one of the two minority commissioners, she is just doing her job. This is to be expected. Pity this article doesn't explain this - it may be obvious to someone who's read other posts about the FCC and its inner workings, but otherwise it's not obvious.

      reply to this | link to this | view in chronology ]

      • icon
        James Burkhardt (profile), 5 Dec 2018 @ 10:38am

        Re: Re: The suit...

        In fact, shes the only one right now. Tom Wheeler hasn't been replaced since he resigned when Ajit Pai was chosen. But the 'opposition' commissioners still don't generally suggest the majority is embroiled in a conspiracy.

        This actually feels very Wyden-esqe. Ask the questions you already know the answer too, because she has access to the data, to tell everyone there is a fire in all that smoke.

        reply to this | link to this | view in chronology ]

  • This comment has been flagged by the community. Click here to show it
    identicon
    Nom de Clavier, 5 Dec 2018 @ 10:12am

    Every once in a while, please show the damage done...

    ... by the abandoning of "net neutrality".

    Because I doubt that you can! Since that's the premise of literally dozens now of pieces like this, surely it's time to either abandon this topice or show some bad results.

    reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Dec 2018 @ 11:05am

      Re: Every once in a while, please show the damage done...

      That’s sad even by your pathetic standards.

      reply to this | link to this | view in chronology ]

    • icon
      Toom1275 (profile), 5 Dec 2018 @ 11:57am

      Re: Every once in a while, please show the damage done...

      ... says the boiled frog.

      reply to this | link to this | view in chronology ]

    • identicon
      Anonymous Coward, 5 Dec 2018 @ 6:26pm

      Re: Every once in a while, please show the damage done...

      I'll show the damage done when you show the "devastation" caused to the music industry.

      I've been waiting since Home Taping is Killing Music and the industry still hasn't died yet.

      reply to this | link to this | view in chronology ]

  • identicon
    Iggy, 5 Dec 2018 @ 10:25am

    "Pai comes off as an unwavering ideologue who truly seems to believe he's doing an incredible job of "unleashing innovation" despite every shred of evidence to the contrary (not unlike the man who appointed him to the position)."

    Pai doesn't "believe" anything he's not paid to. Neither does the president.

    reply to this | link to this | view in chronology ]

  • identicon
    Anonymous Coward, 6 Dec 2018 @ 7:19am

    Stop using the word "breathlessly", Karl.

    reply to this | link to this | view in chronology ]


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