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About Karl Bode

Karl Bode is a freelance writer living in New York that has been babbling, jabbering and prattling about technology, politics and culture professionally for more than fifteen years. Follow me on Twitter @KarlBode

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Posted on Techdirt - 10 February 2016 @ 6:22am

Congressmen Upton, Walden Latest To Insist Nobody Needs Faster Broadband

from the please-lower-your-standards dept

A little over a year ago, the FCC voted to raise the minimum definition of broadband from 4 Mbps downstream, 1 Mbps upstream -- to 25 Mbps downstream, 3 Mbps upstream. The standard better reflects household usage in the gigabit connection and Netflix binge watching era. However, the broadband industry has been whining like a petulant child ever since, largely because the change highlights how a lack of competition and the resulting failure to upgrade networks means a huge swath of the country doesn't technically have broadband.

Outraged by the FCC's sudden decision to have standards, incumbent broadband providers convinced six Senators to write in and scold the FCC last month, arguing that 25 Mbps was just a crazy metric, and that nobody needs that kind of bandwidth:

"Looking at the market for broadband applications, we are aware of few applications that require download speeds of 25 Mbps. Netflix, for example, recommends a download speed of 5 Mbps to receive high-definition streaming video, and Amazon recommends a speed of 3.5 Mbps. In addition, according to the FCC's own data, the majority of Americans who can purchase 25 Mbps choose not to."
As we noted then, the Senators apparently don't have teenage kids (or have them and don't pay attention to what they do), since 25 Mbps is a pretty reasonable standard for a household of hungry gamers, streamers, and social media addicts. And while the Senators use Netflix HD streaming as the holy grail for what constitutes "real" bandwidth usage, they apparently didn't realize that as Netflix moves to 4K, each stream will eat 25 Mbps all by itself. In the age of Google Fiber and gigabit cable, 25 Mbps is a pretty fair per household metric; in fact the upstream standard probably isn't high enough.

But this being Congress, the technical realities don't matter nearly as much as the campaign contribution cash tied at the end of telecom talking points memo. Not to be outdone by the manufactured outrage of their friends in the Senate, Congressmen Fred Upton and Greg Walden have similarly decided to waste everybody's time with a letter of their own (pdf), which accuses the FCC of "troubling actions" that "distort – or outright ignore – the FCC’s requirements to produce honest, data-driven reports to inform policymakers and the public."

Why, the Congressmen argue, does the FCC feel the need to mess with such an obviously competitive market?:
"The Communications Act requires the FCC to assess and report on the state of broadband deployment, the level of video competition, and the level of effective competition in the nation's mobile wireless market. Since 2011, it appears that the Commission has applied inconsistent definitions and analyses in making those determinations. Those reports have then been used to justify Commission actions to intervene in seemingly competitive markets. Despite the plain language of the Communications Act, the FCC's actions seem to benefit specific classes of competitors and do not promote competition. This behavior concerns us.
Yes, that's the Chairman of the Subcommittee on Communications and Technology complaining about having standards.

Of course the only reason the markets were "seemingly competitive" is that for fifteen years, the FCC has been basing policy on flimsy standards and cherry-picked industry data. Once the FCC raised the standards and started thinking a little more independently, phone companies that were happily selling snail-esque DSL at next-generation prices were suddenly outed for not trying very hard. Under the new standard, FCC data suggests 31 million Americans don't technically have broadband, and two-thirds of homes lack access to speeds of 25 Mbps from more than one provider.

Again, the real outrage isn't really that the FCC is some kind of rogue agency setting unrealistic standards just to make giant companies cry, the real outrage stems from the fact that the new standard makes it harder than ever to pretend that the United States is a competitive broadband market.

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Posted on Techdirt - 9 February 2016 @ 9:33am

Comcast Using Minority Astroturf Groups To Argue Cable Set Top Box Competition Hurts Diversity

from the selling-you-out dept

For years one of the greasier lobbying and PR tactics by the telecom industry has been the use of minority groups to parrot awful policy positions. Historically, such groups are happy to take financing from a company like Comcast, in exchange repeating whatever memos are thrust in their general direction, even if the policy being supported may dramatically hurt their constituents. The tactic of co-opting these groups helps build the illusion of broad support for awful policy, and was well documented during AT&T's attempted takeover of T-Mobile, and Comcast's attempted takeover of Time Warner Cable.

The tactic was also a favorite among telecom lobbyists in their fight against net neutrality and Title II reclassification, with Comcast and AT&T paying a wide variety of purportedly pro-minority groups to argue that a level playing field and more consumer protections would somehow be horrible for minorities. Dozens of groups like the Hispanic Technology & Telecommunications Partnership (HTTP) frequented telecom industry events, took telecom industry funding, and were happy to repeat industry claims that net neutrality was a vile and unnecessary evil.

Fast forward to last month, when the FCC announced it would be pushing a new program aimed at bringing competition to the stagnant and captive cable set top box market. The cable industry immediately began to cry, generating a tidal wave of hand-wringing complaints about how taking aim at this $20 billion captive revenue market would raise prices, hurt puppies, damage privacy, and otherwise destroy the known universe.

But buried among the laundry list of the industry's half-cooked claims was the repeated argument that having a competitive cable set top box market would somehow hurt diversity. How having the choice of more hardware and more content than ever could possibly hurt minorities is never made clear. But the claim quickly and magically began popping up in a laundry list of editorials all over the Internet and in major papers nationwide. All of these editorials neatly parrot the cable industry's position almost verbatim, yet few if any clearly highlight any ties to the industry.

Nearly as soon as the FCC program was announced the cable industry formed the "Future of TV Coalition," something it calls a "diverse group of programmers, content creators, civic groups and television providers" who've joined forces to "celebrate and promote the thriving innovation" going on in the cable industry. And mysteriously, most of the groups taking part are the same groups that helped telecoms fight net neutrality. And many of their letters to the FCC mysteriously argue that we should leave the incredibly innovative cable set top box market alone:

"Why adopt a radical new approach and put all this innovation at risk in a market that is innovating, changing and providing so many new options already? Given the significant concerns regarding these proposed rules, and the rapid innovation occurring in the marketplace, it would be unwise to implement sweeping changes to the system currently in place. We urge the FCC to abandon these proposed new rules and protect viewer choice and diverse programming for all communities.
Funny how this adoration of cable industry "innovation" so closely mirrors blog posts by cable's biggest lobby or by cable's least liked company. The beauty of these arrangements of course is that since telecom companies aren't dumb enough to put specific quid pro quo demands in writing, most of the groups involved can breathlessly insist the telecom money they're clearly taking in no way shapes their opinions, despite the fact they'll repeatedly come down on the anti-consumer side of tech policy debates time and time again. Companies like Comcast meanwhile, lead by its "Chief Diversity Officer" (read: top lobbyist David Cohen), can highlight these partnerships as entirely altruistic endeavors.

One of the fantasy scenarios many of these groups are pushing is that a company like Google will come in, "steal" the cable industry's hard work, and then somehow remove minority programming. This forced the FCC to issue a statement saying that the proposal simply takes existing programming and lineups and funnels it to new, potentially cheaper and better hardware, and doesn't impact programming and licensing agreements whatsoever:
"This proposal aims to introduce competition and innovation into the set top box market, finally giving consumers the choice of using devices and apps to access all of the programming they pay for. When it’s easier for content creators to reach consumers, through better interfaces, menus, search functions, and improved over-the-top integration, we would expect this to lead to more diverse programming accessed more easily — especially minority and independent programming. The proposal will have no impact on distribution and programming deals."
When it comes to the cable set top box market, consumers pay $20 billion in fees a year for outdated hardware that's often worth a tiny fraction of the money being coughed up. While you can certainly argue about the best route to fix this problem, the practice itself is indefensible. Any minority or purported consumer advocacy group defending this aggressive pummeling of a captive market is actively harming its purported constituents, who may just want to rethink their cash donations to organizations with a repeated history of being cable industry parrots for hire.

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Posted on Techdirt - 9 February 2016 @ 6:23am

States Wake Up, Realize AT&T Lobbyists Have Been Writing Awful Protectionist State Broadband Laws

from the pure-protectionism dept

For more than fifteen years now, companies like Comcast, AT&T, Time Warner Cable and CenturyLink have quite literally paid state legislatures to write protectionist broadband laws. These laws, passed in around 20 states, protect the incumbent duopoly from the faintest specter of broadband competition -- by preventing towns and cities from either building their own broadband networks, or from striking public/private partnerships to improve lagging broadband networks. They're the worst sort of protectionism, written by ISPs and pushed by ALEC and ISP lobbyists to do one thing: protect industry revenues.

Despite the fact the laws strip away citizen rights to decide local infrastructure matters for themselves (because really, who better to decide your town's needs than AT&T or Comcast executives), ISPs for more than a decade managed to forge division by framing this as a partisan issue. But then something changed: companies like Google Fiber and Tucows began highlighting how public/private partnerships are actually a great way to fill in the broadband gaps left by an apathetic, uncompetitive broadband duopoly.

After fifteen years of napping, the FCC also jumped into the fray and began fighting these laws in two states (Tennessee and North Carolina), arguing they hindered the FCC's mandate to ensure even and speedy broadband deployment. The broadband industry responded by having loyal politicians like Marsha Blackburn run to defend these bills, purportedly "outraged" by the FCC's "assault on states' rights" (please note that incumbent ISPs being allowed to write horrible state telecom law did not cause the slightest offense).

And with a brighter spotlight being shined on these laws, the partisan division encouraged by the broadband industry is mysteriously beginning to fade away. In Tennessee, lawmakers have been pushing a law that would dismantle AT&T's version of the law in that state, which has stopped a popular Chattanooga municipal gigabit provider (EPB) from expanding. Lawmakers pushing the bill appear to now be realizing just how destructive AT&T's lobbying apparatus has been to broadband, and aren't mincing words:

"We're talking about AT&T," Sen. Todd Gardenhire, R-Chattanooga, bluntly told a rally of business owners, families and local officials gathered in the state Capitol. "They're the most powerful lobbying organization in this state by far." The bill has been opposed for years by AT&T, Comcast and other providers who say it's unfair for them to have to compete with government entities like EPB. But EPB, as well as some lawmakers like Gardenhire, say if the free market isn't providing the service, someone else should. "Don't fall for the argument that this is a free market versus government battle," Gardenhire said. "It is not. AT&T is the villain here, and so are the other people and cable."
AT&T's response to Tennessee's sudden realization that the company has actively worked to ensure the state remains a broadband backwater? Give a lecture on how taxpayer money is fine to throw at AT&T, but is wasteful to use on delivering broadband to areas AT&T refuses to serve or upgrade:
AT&T spokesman Daniel Hayes said in an email "it is incorrect to equate the common practice of government providing incentives to encourage private-sector behavior with the concept of direct government competition."..."Generating significant amounts of public debt to sustain municipal networks is a different animal," Hayes added. "Taxpayer money should not be used to over-build or compete with the private sector, which has a proven history of funding, building, operating and upgrading broadband networks. Policies that discourage private-sector investment put at risk the world-class broadband infrastructure American consumers deserve and enjoy today."
The problem with that argument: that "proven history" isn't real. Companies like AT&T and Verizon have taken billions in subsidies over the years from federal and local governments, then failed repeatedly to meet deployment obligations. Companies like AT&T are now focusing all their attention on wireless and, outside of high-end development communities, have frozen deployment of fixed-line broadband. In fact, these companies are looking to disconnect millions of DSL customers they don't want to upgrade, potentially resulting in greater broadband gaps than ever before. Yet here the company is, still lecturing locals desperately looking for better connectivity on how only AT&T has the solution for what ails them.

Here's the thing about municipal broadband: if broadband providers don't want towns and cities getting into the broadband business, the solution is simple: provide better, faster, and cheaper broadband. These residents and local businesses aren't jumping into often pricey and labor-intensive broadband projects because they think it's fun. They're doing so because the entrenched broadband providers are refusing to upgrade their networks, and waiting for mono/duopolies with no competitive incentive to upgrade has proven to be a fool's errand.

And while incumbent carriers for years successfully fueled partisan division to ensure nobody really stopped and thought about what companies like AT&T were doing, as the years pass and many remain stuck on last-generation DSL -- the whiff of lobbyist bullshit has begun to hang more heavily in the air. As a result, locals in many areas are finally waking up from AT&T's trance, and realizing that if they're ever going to get next-generation broadband in a market without real competition, they very well may have to be the ones to build it.

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Posted on Net Neutrality Special Edition - 8 February 2016 @ 9:34am

India Bans Zero Rating As The U.S. Pays The Price For Embracing It

from the unlevel-playing-field dept

As expected, the Telecom Regulatory Authority of India (TRAI) has passed new net neutrality rules (pdf) that specifically ban the practice of zero rating. The rules are relatively clear in that they prevent either content companies or ISPs from striking deals that exempt select content from usage caps. The ruling acknowledges that such models create an unlevel playing field for smaller companies who may not be able to pay to play:

"...differential tariffs result in classification of subscribers based on the content they want to access (those who want to access non-participating content will be charged at a higher rate than those who want to access participating content). This may potentially go against the principle of non-discriminatory tariff. Secondly, differential tariffs arguably disadvantage small content providers who may not be able to participate in such schemes. This may thus, create entry barriers and non-level playing field for these players stifling innovation. In addition, TSPs may start promoting their own websites/apps/service platforms by giving lower rates for accessing them.
The ruling effectively bans Facebook's "Free Basics" program, despite an immense amount of often misleading lobbying and marketing by the social networking company. Net neutrality advocates in India had argued that Free Basics -- which exempts Facebook "curated" content from wireless usage caps -- gave too much walled-garden power to the company, allowing it to corner India's ad and content markets for years to come. Facebook, in contrast, argued it was being entirely altruistic, solely worried about India's poor farmers.

In a statement on TRAI's decision, Facebook reiterated that it was only trying to help:
"Our goal with Free Basics is to bring more people online with an open, non-exclusive and free platform. While disappointed with the outcome, we will continue our efforts to eliminate barriers and give the unconnected an easier path to the internet and the opportunities it brings."
As it stands, companies that violate the rules need to pay 50,000 rupees per day ($740), up to a maximum of 5 million rupees (an inconsequential sum to carriers and Facebook alike). The rules will be in place for two years and could be open for review at that time. As such, Facebook could still lobby to have the restriction on zero rating weakened, or could modify its Free Basics program so that it better adheres to the rules. Or, better yet, as Mozilla had suggested if Facebook really wants to help it could take all of the marketing, PR, lobbying, and design money being spent on Free Basics, and actually spend it on improving India's lagging telecom infrastructure.

India now joins The Netherlands, Japan, Chile and Slovenia in passing net neutrality rules that clearly prohibit zero rating. Contrast that to the rules here in the States, which don't specifically forbid the practice, instead ambiguously stating that services will only be examined on a "case by case" basis. But the mere act of opening the door to the precedent of zero rating already has already resulted in companies like Comcast and Verizon abusing it, both of them now exempting their own services from usage caps, while still penalizing competing services like Netflix.

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Posted on Net Neutrality Special Edition - 8 February 2016 @ 6:26am

Verizon Gives Net Neutrality A Giant Middle Finger, Exempts Own Video Service From Wireless Usage Caps

from the ill-communication dept

In 2010, Verizon successfully sued to demolish the FCC's original net neutrality rules. In 2015, Verizon joined the rest of the industry in helping launch a barrage of lawsuits to try kill and kill a more legally-sound and updated version of those same rules. While that case continues through the courts, Verizon has made it clear that 2016 will be the year the telco raises a giant middle finger to the FCC and net neutrality supporters alike.

The company sent an e-mail to Verizon Wireless customers this week informing them that using the carrier's Millennial-focused Go90 streaming video service will no longer count against the company's mobile broadband usage caps. As in, Verizon has decided to give its own streaming video service an incredibly unfair advantage over any rival services. According to an updated customer agreement website, the change in policy only occurred this week after the company updated the company's app to version 1.4:

"Beginning on or about February 4, 2016, if you are a Verizon Wireless post-paid customer and you download the current version of go90 (release 1.4), you can watch any video on go90 without incurring Verizon Wireless data usage charges so long as you are connected to LTE. Other activity that does not involve watching videos, such as downloading go90 from an app store, browsing or searching for shows, posting comments, sharing clips and viewing settings will incur data usage charges."
Verizon's decision to zero rate its own streaming video services comes on the heels of the company's launch of something it's calling "Free Bee sponsored data." Under that program, companies can pay Verizon to have specific content (like a single video) or entire websites or apps cap-exempted. Between Free Bee and this week's announcement, Verizon's apparently decided to show the public just how little of a shit it gives about net neutrality advocate concerns.

Of course Verizon's simply following on the heels of related zero rating efforts by AT&T, Comcast, and T-Mobile. AT&T's been testing a sponsored data program for a few years now. T-Mobile's Binge On service exempts streaming video services from the company's usage caps, throttling all services to 1.5 Mbps by default. Comcast's also gotten in on the game, exempting its own streaming video service from the company's slowly-expanding usage caps.

We've noted for some time how the practice of zero rating is an absolutely horrible precedent, given that by giving some deeper-pocketed services a leg up, you're automatically putting smaller companies, startups, non-profits, and educational services at a distinct disadvantage. While T-Mobile may have opened the door with a program that skirts the edges of good taste, Comcast and Verizon have walked right through the door, and are downright laughing in the face of net neutrality by exempting their own services from caps.

And again, so far the FCC has done little more than nod dumbly as companies make a mockery of the idea of an open, level Internet. While the FCC says it has fired off some "informal," low-level inquiries asking carriers for more detail, the agency has given absolutely no serious indication that it intends to thwart the practice of zero rating any time soon. The irony of course is that as Verizon's tries to shed its reputation as a stodgy old phone company by desperately wooing Millennials, it's making it abundantly clear the company just can't seem to shed Ma Bell era behavior.

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Posted on Techdirt - 4 February 2016 @ 6:25am

ESPN Gets Nielsen To Revise Its Data To Suggest Cord Cutting's No Big Deal

from the massaging-statistics dept

We've discussed for years that as an apparatus directly tied to the wallet of the cable and broadcast industry, TV viewing tracking company Nielsen has gladly helped reinforce the cable industry belief that cord cutting was "pure fiction." Once the trend became too obvious to ignore, Nielsen tried to bury cord cutting -- by simply calling it something else in reports. And while Nielsen was busy denying an obvious trend, it was simultaneously failing to track TV viewing on emerging platforms, something the company still hasn't fully incorporated.

We've also been talking about how ESPN has been making the rounds, trying to "change the narrative" surrounding cord cutting to suggest that worries about ESPN's long-term viability in the face of TV evolution have been overblown. Part of that effort this week apparently involved reaching out to Nielsen to demand the company fiddle with its cord cutting numbers, which ESPN then peddled to reporters in the hopes of creating an artificial, rosier tomorrow:

"On Thursday, ESPN reached out to reporters to let them know that cord-cutting isn’t nearly as bad as it sounds, and that the reason is the way Nielsen revised its pay-TV universe estimates. Nielsen (under client pressure) decided to remove broadband-only homes from its sample, but it didn’t restate historical data. It is now showing that, as of December, 1.2 million homes had cut the cord, a much smaller number than its earlier figure of 4.33 million homes for the year."
Isn't that handy! This of course isn't the first time Nielsen has tweaked troubling numbers on demand to appease an industry eager to believe its cash cow will live forever. The irony is that the same industry that's happy to gobble up potentially distorted data is simultaneously deriding Nielsen out of the other corner of its mouth as a company whose data is no longer reliable in the modern streaming video age. In a profile piece examining Nielsen's struggle to adapt, the New York Times (and Nielsen itself) puts the problem rather succinctly:
"Yet Nielsen is established on an inherent conflict that can impede the adoption of new measurement methods. Nielsen is paid hundreds of millions of dollars a year by the television industry that it measures. And that industry, which uses Nielsen’s ratings to sell ads, is known to oppose changes that do not favor it. “People want us to innovate as long as the innovation is to their advantage,” Mr. Hasker said.
Obviously getting a distrusted metric company to fiddle with data even further won't save ESPN. The company's SEC filings still suggest ESPN lost 7 million subscribers in the last few years alone. Some of these subscribers have cut the cord, but others have simply "trimmed" the cord -- signing up for skinny bundles that have started to boot ESPN out of the core TV lineup. Similarly, studies have recently shown that 56% of ESPN users would drop ESPN for an $8 reduction on their cable bill. This sentiment isn't going to magically go away as alternative viewing options increase.

BTIG analyst Rich Greenfield, who funded that survey and has been a thorn in ESPN's side for weeks (for you know, highlighting facts and stuff), had a little advice for ESPN if it's worried about accurate data:
"“If this is an important issue for ESPN, they should start releasing actual subscriber numbers rather than relying on third parties [Nielsen]. If they are upset with the confusion, let’s see the actual number of paying subscribers in the US over five years."
Wall Street's realization that ESPN may not fare well under the new pay TV paradigm at one point caused $22 billion in Disney stock value to simply evaporate. As a result, ESPN executives have addressed these worries in the only way they know how: by massaging statistics and insulting departing subscribers by claiming they were old and unwanted anyway. One gets the sneaking suspicion that's not going to be enough to shelter ESPN from the coming storm.

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Posted on Techdirt - 3 February 2016 @ 12:48pm

Comcast 'Only' Lost 36,000 Pay TV Subscribers Last Year, Prompting Renewed Cord Cutting Denial

from the best-bad-year-we've-ever-had dept

Despite 2015 being a banner year statistically for cord cutting, you're going to see a renewed surge in cord cutting denial over the next few weeks. Why? Cable companies like Time Warner Cable and Comcast managed to eek out modest gains in pay TV subscribers in the fourth quarter.

Comcast's earnings indicate a net gain of 89,000 pay TV users in Q4, despite seeing a net loss of 36,000 video subscribers for the year. Despite still seeing a net loss, that's the best video performance the company has seen in eight years (which in and of itself speaks volumes). Time Warner Cable's earnings (pdf) note the cable provider added 54,000 TV subscribers in the fourth quarter, while only seeing a net gain of 32,000 TV subscribers for the year. That's the best Time Warner Cable has done since 2006, and it's a stark improvement when each year's subscriber numbers are put in graphical form:



We'll ignore for a second these companies continue to see impressive subscriber and revenue growth thanks to network improvements, despite claiming Title II would destroy the known universe (that's a different blog post). But the fact that these companies finally saw a modest turnaround after years of steep video subscriber losses was quickly used as evidence by the cable industry, some investment websites and a few analysts that cord cutting is "overblown":
Except these gains don't debunk cord cutting. Many of these additions are users that had previously fled to satellite TV and phone providers. For years, cable's subscriber losses were predominately to satellite and telco TV providers, whose set top boxes were notably more innovative (Dish's Hopper, for example). In the last few years Comcast and Time Warner Cable have dramatically bumped broadband speeds and updated their own set top boxes, moves that have won some former defectors back. As a result Verizon FiOS saw its worst video subscriber additions since 2006, while AT&T and DirecTV combined saw a 54,000 broadband user net loss and a net loss of 24,000 TV customers last quarter.

That's lateral subscriber movement between legacy pay TV providers, not evidence that cord cutting isn't real. And there's absolutely nothing in those numbers that suggests the very real trend of cord cutting has been "overblown" as a broader industry phenomenon.

There's another major reason cable companies are once again adding video subscribers: their growing monopoly over broadband markets. There are now hundreds of markets in which AT&T and Verizon (now focused almost solely on more profitable wireless) are actively trying to hang up on unwanted DSL customers via a one-two punch of price hikes and apathy. Those annoyed users are being forced to flee to cable if they want current generation broadband speeds. When those users arrive, companies like Comcast and Time Warner Cable are offering them TV and broadband bundles that are cheaper than what they'd pay for broadband alone in order to boost legacy TV subscriber rolls.

As a result, many of these subscribers may not have even wanted TV, and once the promotional rate expires may decide to simply leave again. That's of course where Comcast hopes that the use of usage caps comes in. The company is now exempting its own streaming service from usage caps in the hopes of preventing TV users from cutting the cord. Should they cut the cord anyway and embrace streaming alternatives, they run face-first into usage caps and overage fees. If cable is forced to compete on price for TV, it will be sure to seek its pound of flesh from your broadband bill.

Cord cutting continues unabated in the background of this tussle, like the drip, drip, drip of a leaking faucet nobody wants to fix. And while pay TV growth remains flat or in decline, it's important to remember the overall population and the housing market continue to grow, without a corresponding uptick in cable subscribers. That's a sign that younger people and many new homeowners simply don't think traditional cable is all that important, and the slow drip of cord cutting will, over time, become something more resembling a torrent as, quite bluntly, legacy TV's older audience dies. Cable can do something about this, but it's going to require seriously competing on price above and beyond short-term, subscriber roll boosting promotions.

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Posted on Techdirt - 3 February 2016 @ 6:19am

ISPs Are Trampling Net Neutrality While The FCC Sits Boxed In By Lawsuits, Upcoming Election

from the rock-and-a-hard-place dept

While the public successfully forced the FCC to adopt net neutrality rules last year, one glaring omission may be coming back to haunt consumers and the commission alike. The FCC's open Internet rules contain three "bright-line" restrictions: no blocking, no throttling apps or traffic, and no "paid prioritization" of apps or content. Unlike neutrality rules in Japan, The Netherlands, Slovenia, and Chile however, the FCC refused to outright ban zero rating (exempting content from usage caps), instead opting to determine on a "case-by-case basis" if a carrier is violating the "general conduct" portion of the rules.

As we worried last year, this opened the door to ISPs trampling all over net neutrality -- just so long as they were marginally clever about it. And that's exactly what has happened, with AT&T, Verizon, Comcast and T-Mobile all running rough shod over net neutrality with varying degrees of obnoxiousness and success.

T-Mobile is now zero rating all the major music and video services, while throttling every video service that touches its network to 1.5 Mbps by default (and lying about it). AT&T has been charging companies for cap-exempt status for a few years now under its controversial "Sponsored Data" program, which tilts the playing field against smaller competitors and startups that may not be able to afford AT&T's toll. Verizon recently followed suit with "Free Bee" sponsored data, which lets companies pay Verizon to have their app, video, or entire website or service tagged with premiere, cap-exempt status.

In each example, carriers have injected themselves into the middle of the content stream for marketing or direct financial benefit, in the process completely dismantling the level playing field enjoyed by smaller companies, startups and non-profits. These smaller operators may not be able to pay to play, and in some instances won't even realize they're being discriminated against. And because these services are pitched as "free shipping" or "a 1-800 number for data," some consumers are applauding as the open Internet gets dismantled piecemeal, oblivious to the fact that usage caps are arbitrary constructs to begin with.

And while AT&T, Verizon and T-Mobile are at least being marginally subtle about it, Comcast simply declared "fuck it" -- first imposing completely unnecessary usage caps on millions of its broadband customers to hinder Netflix, then making its own streaming video service cap exempt. When pressed, Comcast's bullshit department proudly declared it wasn't violating net neutrality -- because its streaming video service runs entirely over "Comcast's managed network to the home." So yes, as predicted, net neutrality is crumbling under the weight of rule loopholes and immaculately-crafted bullshit.

So what is the FCC doing about it? Two years ago, FCC boss Tom Wheeler said the agency would watch AT&T's Sponsored Data carefully, but did nothing. More recently, Wheeler applauded T-Mobile's zero rating practices for being "highly innovative" and "pro-competition." Once complaints mounted, the FCC was forced to "act" in the form of a letter sent to companies late last year, asking for more detail on these programs. The FCC has been quick to repeatedly make clear this is just an "information exercise" and not a formal investigation:

Wheeler pointed out that the meetings the FCC has been holding with those companies--Comcast, AT&T, T-Mobile and likely Verizon--were at the bureau level, which he said was significant. "I am not at these meetings," he said. "Nobody from the office of the chairman is in these meetings. They're gathering information and we'll see what happens from there."
It's not really clear just how much data the FCC needs to collect. AT&T's Sponsored Data and Comcast's (ab)use of usage caps are obviously problematic, and have been in play for several years. The real problem for the FCC isn't information, it's limited time and shaky legal footing. One, the upcoming elections could result in a President that has no idea what net neutrality is, who immediately sets forth replacing Wheeler and dismantling the net neutrality rules. Two, the FCC is still waiting for the outcome of the mass-industry lawsuits against the rules, which could leave the FCC without a leg to stand on.

I asked Public Knowledge lawyer Harold Feld, who probably spends more time submerged in FCC policy than anyone, what he thought the next course of action would be at an FCC boxed in by the courts and politics. He suggested that the agency might follow the course it set on the interconnection front, which began with a few pointed inquiries and ended with incumbent providers magically ceasing shenanigans for fear of FCC enforcement. Feld posits that something similar could be applied to zero rating, finally letting companies know what is or what isn't acceptable:
The FCC has already gotten 12,000+ complaints about Comcast. It would not be hard to bump them to the top of the list. But Wheeler may not want to start an investigation when he only has a limited time left in office and a future FCC might drop the matter. Instead, Wheeler may push for some kind of Policy Statement or Enforcement Guidance. Something that would provide notice industry wide about what the FCC would consider "red lines" on data caps.

But Wheeler has been very clear that he is not promising to do anything but check under the hood. I certainly would not expect the FCC to do anything until the D.C. Circuit decides -- especially in light of the possibility that the FCC could win on wireline and lose on wireless. If the D.C. Circuit decides in the late spring or early summer, that will not leave much time for the FCC to take any kind of official action.
In other words? If you're expecting any hard enforcement from the FCC when it comes to caps or zero rating, you shouldn't hold your breath. The agency is currently boxed in by both lawsuits and the upcoming election, but had already made it clear it thinks zero rating and usage caps are just "creative pricing." Should the rules remain fully intact post lawsuit and election, political pressure might force the FCC to take action against Comcast's less-than-subtle abuse of usage caps, but things aren't looking good if you're part of the vast minority that realizes the horrible precedent zero rating represents.

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Posted on Techdirt - 2 February 2016 @ 2:05pm

Time Warner Eyes Hulu Stake, Wants Service To Remove Current Seasons Of Shows

from the don't-innovate-too-much dept

We've discussed for years now how Hulu is hamstrung by the fact that it's owned by the traditional cable and broadcast industry. Owners 21st Century Fox, Disney and Comcast/NBC have gone out of their way to ensure the service is never too disruptive -- lest it hurt the traditional cable cash cow. And that's been the cable industry's mantra for years now -- crow ceaselessly about how you're "innovating," while simultaneously trying not to innovate too much, lest your customers realize your legacy TV service is absurdly expensive, inflexible, and outdated.

As the industry has slowly realized that it can no longer just pretend cord cutting doesn't exist -- things have improved slightly, with Hulu making a renewed effort to invest in original programming and dramatically broadening its content catalog to better compete with Amazon and Netflix. The company has also listened to consumer complaints and now offers an ad free version -- while placing fewer ads in the ad supported option. Hulu is also attracting new investors, with reports that Time Warner is looking to give a $2 billion cash infusion in exchange for a 25% stake.

But while Time Warner isn't making it a condition of the deal, the company is making it clear that it would like to see Hulu pull current seasons of shows in a misguided belief that it can turn back time:

"Time Warner believes that the presence of full, current seasons on Hulu—or anywhere else outside the bounds of pay-TV—is harmful to its owners because it contributes to people dropping their pay-TV subscriptions, or "cutting the cord." In the discussions about taking a 25% equity stake in Hulu, Time Warner has told the site's owners that it ultimately wants episodes from current seasons off the service, at least in their existing form, although that is not a condition for its investment, according to the people familiar with the discussions.
The problem is that Time Warner would join Comcast in sharing the delusion that you can be both simultaneously disruptive and innovative on the streaming side, while still magically preventing traditional cable customers from noticing and cutting the cord. Comcast was barred from meddling in matters of Hulu management as a condition of its acquisition of NBC, but it's a condition Comcast largely ignored. It's also a seven year condition that will expire shortly after Time Warner seals its new ownership stake, meaning a double dose of myopic, backward-looking leadership at Hulu at precisely the wrong time.

Though many in the insular cable industry ecosystem like to pretend otherwise, it's simply no longer a debate: consumers are increasingly cutting the cord and migrating to cheaper, more flexible viewing options. Traditional TV customers get 194 channels, but they only watch, on average, about 17 of them. 16% of consumers cut the cord last year, while 23% of consumers engaged in "cord-trimming" (reducing their overall cable package) in some way. 57% of those asked, unsurprisingly, say that price is the biggest reason they're looking to shake things up.

It's not an enviable position for the traditional TV industry to be in. To seriously combat cord cutting, it needs to offer a more flexible product at a lower cost -- something that (with a few "skinny bundle" exceptions) it absolutely refuses to do. What we get instead is turf protection (broadband usage caps), a boat load of denial and failed "me too" services like Comcast Streampix that, thanks to fear of cannibalizing the legacy cash cow, are neither here nor there. The problem is, if Hulu isn't willing to offer what consumers want, Netflix, Amazon, or some other company certainly will.

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Posted on Techdirt - 2 February 2016 @ 6:22am

The Cable Industry Is Absolutely Terrified Of Set Top Box Competition

from the hey-we're-innovatin'-over-here dept

Last week, we noted that the FCC has proposed new guidelines that would bring some much-needed competition to the cable TV set top box market. Data shows that 99% of consumers pay something on average to $230 a year in set top box rental fees, despite much of this dated hardware being worth little to nothing. Collectively, the cable industry pulls in around $20 billion annually in set top box rental fees, which are fairly consistently increased once or twice a year. Unsurprisingly, whenever the FCC has tried to do something about this proprietary, captive market, the industry becomes downright hysterical.

That was exemplified last week when the FCC simply proposed requiring cable operators deliver programming data to third-party hardware using any accepted standard they choose. Cable operators can still provide the traditional set top box (and consumers can still rent them), the industry would simply suddenly face competition for what's been captive income. But with $20 billion in annual revenues at risk, the industry quickly got to work trying to argue that the FCC's plan would demolish the very fabric or time/space and result in no limit of untold harm to consumers.

Despite the reality that most cable boxes (and many executives) are outdated relics of a dying era, the cable industry stuck to one central theme last week: the FCC's plan is "big tech's" attempt to thwart all of the amazing innovation occurring in the cable industry. A "diverse" group of cable companies and broadcasters calling itself the "Future of TV" coalition quickly launched to deride the FCC's "attack on innovation," with one press release circulated by the group going so far as to suggest that Google has been holding secret meetings at the FCC that undermine the cable industry's relentless thirst for...diversity:

"...Secrecy and subterfuge shouldn’t be tolerated and professional staffers who know the ropes and are unlikely to be swayed by a flashy demo and a Golden Ticket. The AllVid scheme being flogged by Google and the FCC is unfair and destructive to values held far too dearly on Capitol Hill – undermining free market competition and putting a government thumb on the scale for powerful incumbents like Google, and making it harder for those serving communities of color and providing diverse and independent programming to make the video ecosystem work.
There's no secret cabal in the fact that Google, Apple, Roku, TiVo and countless other companies have lobbied for years for an open cable set top box market. But the cable industry has lobbied ferociously to dismantle any attempt to bring this goal to fruition (including CableCARD). So to mock Google for "secretly" lobbying for broader competition is both strange and hilarious. The argument that more robust set top box competition will somehow hurt diversity is equally absurd (more choice and lower product cost is good for diversity), yet it seems to pop up all over the Internet in mysteriously placed editorials.

But credit the cable industry for one thing, it knows how to rally around a central message, even if that message is absolute bullshit. The central theme of this blog post by the industry's biggest lobbying organization (the NCTA) was cable's amazing knack for innovation:
"We see these innovations almost daily, which is why it’s so strange that government feels compelled to insert itself in the mix in order to do Big Tech’s bidding. By forcing new government mandates on network providers and content creators, the FCC may intend to reward Google handsomely, but in the process it will ignore contractual freedoms, weaken content diversity and security, undermine important consumer protections like privacy, and stall the creative and technical innovation that is driving positive changes in today’s TV marketplace.
Likewise, a blog post by Comcast largely involves the company patting itself on the back for being incredibly, awesomely innovative:
"Comcast is responding with our innovative X1 platform, and enabling access on a growing array of devices. Like other traditional TV distributors, online video distributors, networks, and sports leagues, Comcast is using apps to deliver its Xfinity service to popular customer-owned retail devices. These apps are wildly popular with consumers. Comcast customers alone have downloaded our apps more than 20 million times. This apps revolution is rapidly proliferating, and we are working with others in the industry and standards-setting bodies to expand apps to reach even more devices.

Given these exciting, pro-consumer marketplace developments, it is perplexing that the FCC is now considering a proposal that would impose new government technology mandates on satellite and cable TV providers with the purported goal of promoting device options for consumers.
Oooh, step back FCC, Comcast is developing apps! The problem is, and the insular cable industry forgets this constantly, that absolutely nobody likes or believes the cable industry outside of the cable industry. Cable providers continue to have the worst customer satisfaction and support ratings of any U.S. industry or government agency (no small feat). So when "big cable" breathlessly insists it's just trying to protect its monopoly over cable set top hardware to the benefit of minorities and puppies, it's unclear who the hell would be daft enough to actually take them seriously.

Here's the thing: if the cable industry's existing set top box systems are as "innovative" as the industry claims, surely competition will bear that out? When faced with a myriad of new hardware options, customers will clearly want to continue paying Comcast a significant amount of money for a traditional cable box, right? If the cable industry is half as adaptive as it claimed last week, surely this sudden influx of competition will be like a gnat at the ear of a god of innovation. Unless of course this prattling on about innovation is just the insecure braying of an industry absolutely terrified by the foreign specter of real competition?

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Posted on Net Neutrality Special Edition - 1 February 2016 @ 2:05pm

India Set To Ban Zero Rating As Facebook's Misleading Lobbying Falls Flat

from the phony-altruism dept

Apparently the millions Facebook has been spending on advertisements, lobbying, marketing and spamming the Indian government will be for naught. The Telecom Regulatory Authority of India (TRAI) appears poised to ban the practice of zero rating as part of its new net neutrality rules, effectively killing Facebook's controversial Free Basics zero rating program once and for all in the country. According to the Times of India, TRAI is expected to deliver the death blow to Facebook's world-domination ambitions within a week:

"Trai will issue an order to this effect within a week, top sources told TOI. The order is also expected to bar free or subsidised data packages that offer access to only a select services, such as Facebook, Twitter or WhatsApp messenger. "These are discriminatory and are against the concept of digital democracy. We will not allow them," a source said. The regulator's stand will clear the confusion over net neutrality. There were apprehensions over the manner in which free Internet was being offered, after the introduction of some zero-rated platforms with preferential treatment to a few websites for a fee."
India would join Japan, The Netherlands, Chile and Slovenia in banning zero rating entirely, based on the idea that cap exemption gives some companies a leg up, and unfairly distorts the inherently level Internet playing field.

That's something the FCC refused to do here in the States, and as a result we're witnessing telecom carriers rushing toward who can be the most "innovative" in the zero rating space. AT&T and Verizon are now formally charging companies for premium, cap-exempt status, T-Mobile is throttling every shred of video that touches its network to 1.5 Mbps (and lying about it), and Comcast is now exempting its own streaming video service from usage caps, much to the chagrin of smaller streaming competitors. So far, the FCC's response has been to nod dumbly.

In India, Facebook (lead by former FCC boss and neutrality waffler Kevin Martin), has been engaged in a blistering media and lobbying campaign to convince India that a curated walled garden run by Facebook was a great way to help the nation's poor farmers. Indian activists and critics like Mozilla disagreed, arguing that the company was simply hiding its lust to control emerging ad markets under the banner of altruism, and if Facebook really wanted to help India's poor, it should focus on improving the country's actual Internet infrastructure.

Facebook's initial response was to call critics of the company's program extremists who were hurting the poor (despite many of the critics being local Indian activists who've dedicated a lifetime to that task). When that didn't work, Facebook changed the name of the program, and filled local newspapers with full-page editorials by CEO Mark Zuckerberg declaring the company's sole interest was poor farmers, not cornering developing ad markets. When people didn't buy that, Facebook tried tricking its users (including those in the U.S. and UK) into spamming the Indian government.

It appears to be that last effort that may have pushed TRAI over the edge (you can read TRAI politely trying to ask Facebook (pdf) to prove the 11 million bogus supporters of Free Basics actually exist). Assuming TRAI follows through on reports, Facebook's now forced to do what many critics wanted all along: actually put all of the money spent on lobbying and marketing Free Basics -- into actually helping shore up India's lagging telecom infrastructure.

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Posted on Techdirt Wireless - 27 January 2016 @ 3:33pm

After Aereo's Collapse, Founder Hopes To Disrupt Wireless Broadband Market With 'Starry'

from the good-luck-out-there dept

You'll of course recall that Aereo founder Chaitanya Kanojia's attempt to disrupt the TV industry ran face-first into an army of broadcaster lawyers and a notably ugly ruling by the Supreme Court. Undaunted, Kanojia has returned with a new plan to try and disrupt the frequently pricey wireless broadband industry. Kanojia's trying to do this via a new startup named "Starry," unveiled at a launch event this week in New York. Starry is promising to offer users uncapped, gigabit speeds at prices less than most people pay their incumbent broadband provider.

Kanojia claims that the service will deliver this ultra-fast connectivity via what it's calling the country's "first millimeter active phased array technology." FCC documents suggest that Starry will utilize spectrum in the 38 GHz band to deliver broadband to urban areas via hundreds of rooftop nodes scattered around the city. Users are given both a "Starry Point" antenna that sits outside their window, and need to buy a fancy $350 router called a "Starry Station" to connect to their various Wi-Fi devices. Kanojia tells TechCrunch that the technology will only cost around $25 per home to deploy:

"It costs the cable guys around $2,500 per home to deal with the construction costs of laying down cable,” said Kanojia on a phone call, setting the scene for his next big unveil. “And beyond cost, there are regulatory hurdles that slow down the process. We can deliver faster broadband with no regulatory wait time and it will cost us only $25 per home.” Kanojia won’t disclose pricing but says that the service will offer various tiers based on speed (up to 1GB up and down) and that it will be “orders of magnitude cheaper” than current broadband providers like Comcast and Time Warner Cable."
The catch? One, nobody really knows specifically how well Starry's phased array technology is going to work (especially in regards to line of sight), and Starry isn't offering much hard technical detail right now beyond a YouTube video. If it does work, millimeter wave technology will still require the deployment of hundreds if not thousands of nodes across a city, distance limitations restricting its use to only denser urban areas. The broadband landscape is littered with the corpses of thousands of urban WISPs, which still rely on incumbent bandwidth, and still require slow, cumbersome deployment of a sizable amount of gear.

And while real-world disruption of national incumbents will probably be minimal, it's still refreshing and absolutely necessary to see somebody try (and fortunately there's spectrum available to try with). According to Starry, users can pre-order the self-install kits at the Starry website, after which they'll be made available at Amazon and other retailers. The service will launch first in Boston in March. Variety got wind of the fact that around fifteen cities should be unveiled as launch markets sometime this year, including Los Angeles, San Francisco, Detroit, Washington D.C., Seattle and Denver.

And while nobody actually knows whether Starry will really work, with no real regulatory or legal hurdles in its path, Kanojia's latest attempt at disruption -- at the very least -- shouldn't wind up face down and unconscious at the Supreme Court.

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Posted on Techdirt - 27 January 2016 @ 2:03pm

FCC Takes Aim At The Pathetic Lack Of Cable Set Top Box Competition

from the killing-sacred-cash-cows dept

The FCC has formally declared war on the outdated, over-priced traditional cable box. The agency has put forth a new proposal (pdf) for guidelines intended to bring much-needed competition to the cable set top box market. As recently noted, data collected from the top ten biggest cable companies found that 99% of cable customers still rent a cable box, paying $231 in fees annually for often-outdated hardware that's frequently worth very little. This cozy little captive market nets the cable industry roughly $20 billion in rental fees every year.

In a public sales pitch for the proposal over at Recode, FCC boss Tom Wheeler invokes the spirit of ma bell to highlight the absurdity of the cable industry's continued control over the set top box market:

"Decades ago, if you wanted to have a landline in your home, you had to lease your phone from Ma Bell. There was little choice in telephones, and prices were high. The FCC unlocked competition and empowered consumers with a simple but powerful rule: Consumers could connect the telephones and modems of their choice to the telephone network. Competition and game-changing innovation followed, from lower-priced phones to answering machines to technology that is the foundation of the Internet."
The FCC wants to design a software-based solution that lets consumers access cable content via the hardware of their choice. Hardware that, thanks to competition, would be better, cheaper and faster than the clunky old cable boxes we all know and love. The FCC's careful to state it's not mandating a specific standard by which cable operators have to provide programming data to these devices, stating they simply need to adhere to "any published, transparent format that conforms to specifications set by an independent, open standards body."

This isn't the FCC's first attempt to force competition on the set top box market. CableCARD was the agency's earlier, ineffective attempt to mandate a standardized card for use in third-party set tops. CableCARD regulations were well-intentioned but cumbersome, and frequently left unenforced. The cable industry also went out of its way to avoid pitching the cards to consumers, and often made the installation process as cumbersome and nightmarish as possible. When meager CableCARD stats were released annually, the cable industry would then collectively shrug and insist low adoption reflected a genuine lack of interest in the idea of better third-party devices.

With $20 billion in set top box revenues on the line, the cable industry has spent the better part of a decade fighting tooth and nail to kill this FCC proposal and anything like it. Opponents including AT&T, the MPAA, and the cable industry's biggest lobbying organization today formed what they're calling the "Future of TV Coalition," which argued in a release that greater set top box competition will kill diversity programming, hurt consumer privacy, embolden pirates, and generally just destroy the known universe:
"Many parties, including 30 members of the Congressional Black Caucus, have warned this would unravel the modern TV ecosystem, doing particular damage to small, independent, and diverse programmers and the communities they serve. AllVid would also undermine vital privacy and other consumer protections that apply to pay-TV providers but not the tech firms advocating adoption of AllVid. And it would erode protections against video piracy, rendering programming less secure."
Of course that's bullshit, and what the industry's really afraid of is seeing a cornerstone of its uncompetitive walled-garden empire demolished by real competition. Granted it's worth noting that the FCC's proposal doesn't prevent customers from keeping their existing cable boxes, nor does it stop cable providers from providing them. In other words, if the cable industry wants to retain customers on its systems, all it has to do is innovate and compete.

All of that said, you can't begrudge those who look at the CableCARD fracas of the last decade and legitimately wonder whether the FCC has the chops to actually implement and enforce such guidelines with an election (and potential FCC shuffle) looming. It's also worth asking if another multi-year enforcement fight is worth it with the cable industry on a collision course with Internet video and irrelevance anyway. Whatever happens, it's at the very least amusing to see a former cable lobbyist nobody expected much from plunge a dagger into one of the cable industry's largest and most sacred cash cows.

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Posted on Techdirt - 27 January 2016 @ 3:29am

Nest Thermostat Goes From 'Internet Of Things' Darling To Cautionary Tale

from the benefit-of-dumb-devices dept

Back when the Nest thermostat was announced in 2011, it was met with waves of gushing adoration from an utterly uncritical technology press. Much of that gushing was certainly warranted; Nest was founded by Tony Fadell and Matt Rogers, both former Apple engineers, who indisputably designed an absolutely gorgeous device after decades of treating the thermostat as an afterthought. But the company also leaned heavily on the same media acupressure techniques Apple historically relies on to generate a sound wall of hype potentially untethered from real life.

Courtesy of marketing and design, Nest slowly but surely became the poster child for the connected home. Over the last year or so however things have changed, and while now Alphabet-owned Nest remains an internet of things darling, the unintended timbre of the message being sent is decidedly different. For example, Nick Bilton recently wrote a piece in the New York Times noting how a glitch in the second generation of the supposedly "smart" product drained the device battery, resulting in numerous customers being unable to heat their homes just as a cold snap hit the country:

"The Nest Learning Thermostat is dead to me, literally. Last week, my once-beloved “smart” thermostat suffered from a mysterious software bug that drained its battery and sent our home into a chill in the middle of the night. Although I had set the thermostat to 70 degrees overnight, my wife and I were woken by a crying baby at 4 a.m. The thermometer in his room read 64 degrees, and the Nest was off."
Again, that's the poster child of the so-called "smart" device revolution failing utterly to complete a task thermostats have been successfully accomplishing for a generation. Other tech reporters like Stacey Higginbotham reported the exact opposite. As in, her Nest device began trying to cook her family in the middle of the night, something Nest first tried to blame on her smart garage door opener, then tried to blame on her Jawbone fitness tracker (Nest never did seem to pinpoint the cause). Her report suggests that an overall culture of "arrogance" at Nest shockingly isn't helping pinpoint and resolve bugs:
"One Nest partner, who declined to be named to preserve his business relationship with the company, said that Nest being quick with the blame didn’t surprise him, citing a culture of arrogance at the company. When something went wrong during integration testing between his device and Nest’s, problems were first blamed on his servers and team."
And fast-forward to last week, when researchers putting various internet of thing devices through tests found that the Nest thermostat was one of many IOT devices happily leaking subscriber location data in cleartext (with Nest, it's only the zip code, something the company quickly fixed in a patch). Granted Nest's not alone in being an inadvertent advertisement for a product's "dumb" alternatives. In 2016, smart tea kettles, refrigerators, televisions and automobiles are all busy leaking your private information and exposing you to malicious intrusion (or worse).

It's a fascinating, in-progress lesson about how our lust for the sexy ideal of the connected home appears to be taking a brief pit stop in reality, where sexy doesn't matter if the underlying product, person or device remains inherently dysfunctional. As a result, dumb and ugly technology is poised to make a dramatic comeback.

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Posted on Techdirt - 26 January 2016 @ 8:33am

AT&T CEO Thinks You're A Forgetful Idiot, Hilariously Gives Apple Encryption Advice

from the glass-skyscrapers dept

You really can't find a pair of cozier bosom buddies than AT&T and the NSA. Long before Snowden, whistleblowers like 22-year AT&T employee Mark Klein highlighted (pdf) how AT&T was duplicating fiber streams, effectively providing the NSA with its own mirror copy of every shred of data that touched the AT&T network. More recent documents have also highlighted AT&T's "extreme willingness" to help, whether that involves having its employees act as intelligence analysts themselves, or giving advice to the government on the best ways to skirt, dance around, or smash directly through privacy and surveillance law.

So it was a little bit amusing last week when AT&T CEO Randall Stephenson thought it would be a good idea to chime in on the encryption debate. In a back-rubbing, feel good interview with the Wall Street Journal, Stephenson had the stones to actually suggest the company's unprecedented, disturbing ties to the NSA were all but fantasy:

"The AT&T chief said his own company has been unfairly singled out in the debate over access to data. “It is silliness to say there’s some kind of conspiracy between the U.S. government and AT&T,” he said, adding that the company turns over information only when accompanied by a warrant or court order."
Omitted of course is that for much of the last fifteen years AT&T did nothing of the sort, working in tandem with the NSA, FBI, and every other government agency to hoover up U.S. citizen data with minimal oversight and virtually no regard for the law. When busted, AT&T had enough political power to get the government to give its telco partners retroactive immunity. To brush this documented and disturbing history aside like cracker crumbs in bed gives you a pretty good idea of Stephenson's hubris. It also shows you what the CEO has learned after fifteen years of unprecedented scandal.

Stephenson then apparently thought it would be a good idea to start giving lectures to companies that actually give a shit about the privacy of their customers. According to Stephenson, companies like Apple and Google shouldn't be embracing encryption, because that's something that should only be acted on by our stalwart representatives in Congress:
"I don’t think it is Silicon Valley’s decision to make about whether encryption is the right thing to do. I understand Tim Cook’s decision, but I don’t think it’s his decision to make,” Mr. Stephenson said...“I personally think that this is an issue that should be decided by the American people and Congress, not by companies,” Mr. Stephenson said.
Of course Stephenson's intentionally ignoring the fact that companies like Apple and Google are now rushing to embrace encryption because that's what consumers want. Much like AT&T did with net neutrality, it's also urging that the issue be left to Congress, because it knows Congress is either too cash-compromised or incompetent to do the right thing. For some time, it hasn't been entirely clear where AT&T as a company ends and the nation's intelligence services begin, so giving any advice on "the right thing to do" in regards to surveillance and privacy is utterly adorable.

AT&T certainly has ample credibility, just not on the encryption front. AT&T's the company you go to if you want advice on how to, say, defraud programs designed to help the hearing impaired or low income Americans. AT&T's the company you go to when you want advice on how to rip off consumers with fraudulent services. AT&T's also the foremost authority on effectively buying state legislatures and convincing them to write abysmal, protectionist laws to demolish competitive threats. But advice on the "right thing to do" when it comes to encryption? Thanks, we'll pass.

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Posted on Techdirt - 25 January 2016 @ 11:40am

Senators Whine About FCC's 25 Mbps Broadband Standard, Insist Nobody Needs That Much Bandwidth

from the lowering-the-bar dept

Just about a year ago, the FCC voted to raise the base definition of broadband from 4 Mbps downstream, 1 Mbps upstream -- to 25 Mbps downstream, 3 Mbps upstream. This, of course, annoyed the nation's mega providers, since the higher standard highlights the lack of competition and next-generation upgrades in countless markets. It especially annoyed the nation's phone companies, given that the expensive, sub-6 Mbps DSL foisted upon millions of customers can no longer even technically be called broadband.

Fast forward a year and the broadband providers' favorite politicians in the House are still whining about the improved definition. In a letter sent to the FCC last week (pdf), the six senators complained that the FCC is on a mad power grab, using a crazy and arbitrary new definition to saddle broadband providers with all manner of onerous regulations. Besides, argued the six Senators, 25 Mbps is more than any American consumer could ever possibly need:

"Looking at the market for broadband applications, we are aware of few applications that require download speeds of 25 Mbps. Netflix, for example, recommends a download speed of 5 Mbps to receive high-definition streaming video, and Amazon recommends a speed of 3.5 Mbps. In addition, according to the FCC's own data, the majority of Americans who can purchase 25 Mbps choose not to."
Focusing on the fact that a single Netflix stream eats just 3.5 to 5 Mbps ignores the fact that broadband connections serve an entire house of hungry users, many of whom will be gobbling significantly more bandwidth using any number of services and connected devices. It's also worth pointing out that a single Netflix Ultra HD stream can eat 25 Mbps all by itself. And on the upstream side of the equation, the FCC's definition of 3 Mbps remains relatively last-generation and arguably pathetic. Similarly, many consumers may not buy 25 Mbps because the lack of competition can result in high prices for faster tiers.

In other words, claiming 25 Mbps is some kind of "arbitrary," pie-in-the-sky standard is absurd.

Of course, the Senators don't really care about technical specifics, they're just blindly echoing the broadband industry's annoyance that the FCC is now actually highlighting the lack of broadband competition in the market. They're specifically bothered by this recent FCC study, which notes that two-thirds of U.S. households lack the choice of more than one ISP at speeds of 25 Mbps or greater. Companies like AT&T and Verizon also don't like how this data highlights the fact they're giving up on rural America and many second- and third-tier cities, freezing broadband deployments and in some cases even refusing to repair aging infrastructure.

And while it's certainly true the higher standard helps prop up the FCC's Congressional mandate to ensure quality broadband is deployed in a "reasonable and timely" basis (and by proxy its Title II reclassification), a lot of the FCC's efforts have quietly involved eliminating regulation, ranging from streamlining tower placement and pole attachment regulations, to eliminating the kind of awful state level protectionist laws that keep municipal and public/private broadband networks from taking root in incumbent duopolist territories.

At the end of the day, incumbent providers and the politicians who love them are simply annoyed that the FCC has any standards whatsoever, since that makes it immeasurably harder to pretend that the nation's broadband competition and connectivity issues don't exist.

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Posted on Techdirt - 22 January 2016 @ 9:37am

Broadcaster, Cable Bickering Leads To Record Number of TV Content Blackouts

from the deck-chairs-on-the-Titanic dept

If you're a cable customer you've probably been met with at least one cable retrans blackout. It's what happens when broadcasters and cable operators can't behave like adults and agree on rates for a new programming contract, so instead decide that whining and punishing paying customers is the best course of action. The feuds usually involve months of public bickering, public announcements, ads and on-screen tickers declaring that the other guy is the villain, then blacked out content for paying customers, who almost never see refunds for the inconvenience.

These disputes usually end with both sides agreeing to a new confidential contract, with those costs then passed on to the consumer. Rinse, wash, and repeat.

Despite 2015 being the year that cord cutting and Internet video finally started to make some real headway (with the launch of Sling TV, HBO Now, and an increasing array of original programming from the likes of Netflix), the legacy pay TV industry continued to bicker like children. In fact, an analysis by the Wall Street Journal showed more retrans blackouts than ever before last year, and 2016 is already looking to likely break that record:

"Television viewers around the country endured a record 193 blackouts in 2015, up from 94 the previous year and eight in 2010, due to an intensifying battle between cable companies and the broadcasters who provide a key part of their programming. Already so far in 2016, at least 13 new blackouts have occurred in markets from Tucson, Ariz., and Tulsa, Okla., to Lexington, Ky., and Lafayette, La., according to pay-TV carriers and their allies."
The cable and broadcast industry is caught in a death spiral it can't seem to escape. Programmers demand more money for the same content, and the biggest cable operators ultimately agree, passing on those costs to the consumer (though not innocently taking every opportunity to tack on some hikes of their own). Smaller cable operators have started finding that the profit margins are just getting too tight, so they've considered getting out of the TV business entirely. Customers, meanwhile, tired of what's often bi-annual price hikes for huge bundles of unwatched content, increasingly look to other options.

Here's what this kind of unsustainability looks like in graphic form:
One of the problems here is that customers (many of them older and frightened by Internet video) are losing access to content they're paying for, and very rarely do they see refunds. Regulators have paid some lip service to this being idiotic, but have so far kept a hands-off attitude to what's treated as run of the mill business disputes. And that hands-off attitude may be the right approach longer term; these feuds are simply a cooperative game of seppuku, and the industry remains collectively oblivious that it's expediting the death of the very cash cow it's bickering over.

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Posted on Techdirt - 21 January 2016 @ 1:48pm

Netflix Mocks NBC's Obsession With TV Ratings Systems Built For A Bygone Era

from the the-wailing-of-the-dinosaurs dept

Last week, NBC executive Alan Wurtzel boldly claimed that Netflix and YouTube weren't threats to traditional cable. His only evidence? Data purchased from a company named Symphony that guesstimates Netflix's closely guarded viewership numbers. That data actually showed Netflix's viewership numbers for its original series are impressive, but found that viewership wanes a little once users get done binge watching. That's it. The data didn't really support Wurtzel's claim that Netflix doesn't pose a threat to traditional cable, NBC was just boasting that it had figured out Netflix's viewership tallies.

Symphony was born out of the well-documented failures by Nielsen to track consumer viewing on new platforms, and not only tracks every viewing habit of some 15,000 Netflix customers, but also uses GPS data to track where these customers are viewing the content. It's a welcome improvement for an industry that spent the last decade paying for data that only told it what it wanted to hear: namely that cord cutting and Internet video weren't a serious threat.

And while trying to understand your competitors makes sense, it's hysterical how Netflix's hidden viewership numbers seem to drive traditional broadcasters absolutely crazy. You'll recall that CBS threw a similar hissy fit last year, clearly upset that Netflix doesn't have to adhere to traditional ratings metrics because it's not an ad-supported legacy service.

Netflix chief content officer Ted Sarandos also spoke at the same Television Critics Association meeting, and first highlighted how it's telling that NBC took its allotted time at the meeting to obsess over Netflix:

"Given what is really remarkably inaccurate data, I hope they didn't spend any money on it," he said of the numbers. "There's a couple mysteries at play for me. Why would NBC use their lunch slot to talk about our ratings? Maybe because it's more fun than talking about NBC ratings. … The methodology doesn't reflect any sense of reality we keep track of."
But then Sarandos went on to make what's probably the biggest point (and one CBS and NBC clearly don't understand): the existing ratings measurement system doesn't matter when you're not reliant on traditional advertising.
"I can't even tell you how many 18-49 users we have … we don't track them," he said. "Those sample sets don't give you a lot of information when people are watching thousands of shows [on Netflix] around the world. Somewhere in the world, every second of every day, someone is pressing start on a Netflix original. … There is not an apples to apples comparison to Netflix watching and any Nielsen rating."

Sarandos noted that the specific numbers — Wurtzel had 4.8 million adults 18-49 watching Jessica Jones, followed by Master of None (3.9 million adults 18-49) and Narcos (3.2 million adults 18-49) — wouldn't even be relevant to his business if they were true. "The ratings themselves have no specific impact on the business," he added. "If we were spending a lot of money on shows people weren't watching, they will quit. People are finding value in how we're spending our content dollars … if they're watching today, tomorrow or seven days from now."
As for NBC's claim that binge watchers always return to watching TV in the "way god intended," Netflix noted in its quarterly letter to shareholders (pdf) that "our investors are not as sure of God's intentions for TV, and instead think that Internet TV is a fundamentally better entertainment experience that will gain share for many years." Obviously the histrionics by broadcast executives surrounding Netflix obfuscating its viewership numbers originate in jealousy; jealously that Netflix gets to operate under a new paradigm where traditional ratings are less important, while legacy sector executives have to stare at charts like this one:
And while it's great that the traditional cable and broadcast industry is finally cooking up viewer measurement systems that challenge its long-held delusions about cable's infallibility, the petty sniping at Netflix really isn't all that flattering and isn't going to help them compete anytime soon.

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Posted on Techdirt - 21 January 2016 @ 11:39am

Ding-Dong -- Your Easily Hacked 'Smart' Doorbell Just Gave Up Your WiFi Credentials

from the not-so-smart-devices dept

Have we mentioned lately that when it comes to the so-called "internet of things," security is an afterthought? Whether it's your automobile, your refrigerator or your tea kettle, so-called "smart" internet of things devices are consistently and alarmingly showing that they're anything but. If these devices aren't busy giving intruders access to your networks and passwords, they're often making life more difficult than so-called dumb devices. Last week, for example, the popular Nest smart thermostat simply stopped working after a software update, resulting in thousands of customers being unable to heat their homes.

Now yet another security problem has been revealed in The Ring smart video doorbell, which lets you see who's at your front door via a smartphone app. According to a blog post by Pen Test partners, all an intruder needs to do is to remove two screws, press a big orange reset button, and they're able to access the configuration URL for the entire system, which can be chained with other devices including door locks and home security cameras:

"If the URL /gainspan/system/config/network is requested from the web server running on the Gainspan unit, the wireless configuration is returned including the configured SSID and PSK in cleartext. The doorbell is only secured to its back plate by two standard screws. This means that it is possible for an attacker to gain access to the homeowner’s wireless network by unscrewing the Ring, pressing the setup button and accessing the configuration URL. As it is just a simple URL this can be performed quite easily from a mobile device such as a phone and could be performed without any visible form of tampering to the unit."
In short, your smart doorbell could potentially make you immeasurably less secure, without any visible signs of tampering to the outside unit. This is, the researchers have warned in a previous post, similar to a vulnerability common in a popular smart bathroom scale, which can be easily tricked into sharing a user's WPA-PSK. Fortunately the company behind the smart doorbell tells the research firm that they quickly issued a firmware patch for the problem, though obviously not all vulnerabilities get fixed this quickly, and it's one more example of "smart" technology being a great advertisement for more traditional, dumb devices.

And despite notable experience with security issues, broadband ISPs that have been eager to jump into the smart home arena aren't having much more luck. A flaw was recently exposed in Comcast's Xfinity home security and automation service, allowing a hacker to trick the system into reporting an "all clear" state by jamming the 2.4 GHz radio used by the service. The security service would then report that everything was fine for up to three hours, and once communication was re-established with the service base station, the system never informed the user there was a problem. So smart!

And the end of the day, if you're interested in a smarter, more secure home, you may want to consider a dog.

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Posted on Techdirt - 21 January 2016 @ 9:33am

ESPN Pretends It Saw Cord Cutting Coming, Says Departing Subscribers Old And Poor Anyway

from the not-just-a-river-in-Egypt dept

About once a week now you'll see a legacy broadcast executive take to the media to try and "change the narrative" surrounding cord cutting. Usually this involves claiming that things are nowhere near as bad as the data clearly shows, with a little bit of whining about an unfair media for good measure. ESPN, which has lost 7 million subscribers in the last two years, has been particularly busy on this front. The broadcast giant has been trying to argue that cord cutting worries (which caused Disney stock to lose $22 billion in value in just two days) are simply part of some kind of overblown, mass hallucination.

Speaking to the Wall Street Journal (registration required), ESPN President John Skipper "plays offense on cord cutting" by effectively denying that ESPN is even in trouble. He starts by proudly insisting that the huge losses in subscribers weren't a surprise to the company:

"We stayed pretty calm. [The loss of subscribers] didn’t come as a bolt out of the blue to us. We had been thinking about this. We had a big town hall meeting in December. We had a priorities meeting earlier where we gathered everybody together to try to ground ourselves in our business."
Right, except that former ESPN employees have said ESPN execs weren't even talking about cord cutting as a threat until 2015. The company was also spending hand over fist (like a $125 million update for the SportsCenter set), suggesting they didn't really see the subscriber dip coming. After pretending that cord cutting didn't catch ESPN by surprise, Skipper proceeds to admit that "cord trimmers" (people scaling back their TV packages) are a big reason for the subscriber hit, but that the losses aren't all that big of a deal because the departing customers are old and poor:
"People trading down to lighter cable packages. That impact hasn't leaked into ad revenue, nor has it leaked into ratings. The people who’ve traded down have tended to not be sports fans, and have tended to be older and less affluent. We still see people coming into pay TV. It remains the widest spread household service in the country after heat and electricity."
This narrative that cord cutters and cord trimmers are old, poor, and otherwise of no interest is a popular one among cord cutting denialists, but data consistently shows it's simply not true. Cord cutters and cord trimmers tend to be young, affluent consumers who are just tired as hell of paying an arm and a leg for channels they don't watch. And, if recent surveys are any indication, there are a lot of users who don't watch ESPN and are tired of paying for it. In short, most of the data suggests that ESPN has a lot more subscriber defections headed its way with the rise of so-called skinny bundles (an idea ESPN has sued to stop).

When asked what ESPN plans to do to attack the cord cutting trend, you'll note that Skipper's first instinct is to deny that the legacy cable industry really has all that much to worry about:
"We are still engaged in the most successful business model in the history of media, and see no reason to abandon it. We’re going to be delivering our content through the traditional cable bundle, through a lighter bundle, through Dish’s Sling TV, through new over-the-top distributors, and through some content that is direct-to-consumer."
When pressed for what "direct to consumer" services ESPN plans to offer, Skipper can only provide one example: the company's brief experimentation with streaming the Cricket World Cup. That's because ESPN's contracts with cable companies state that if the company actually evolves and offers a direct streaming service, cable companies are allowed to break ESPN out of the core cable lineup. That means more skinny bundles than ever, and an acceleration of ESPN's problems. So, like a child in the dark, ESPN has decided to hide under the covers and pretend the monster under the bed isn't real.

There's no doubt that Disney and ESPN will eventually figure things out and balance the need for innovation with their desire to protect their existing businesses, but it's pretty clear from public comments and past decisions that it's going to be an ugly transition. That transition would be so much less ugly for many legacy broadcast companies if they spent a little less time trying to "correct narratives" telling them truths they don't want to hear -- and a little more time preparing to compete with the internet video revolution.

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