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Neutered Net Neutrality | Unfilter 81

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A major blow was dealt to Net Neutrality when the court struck down the ruling preventing ISPs from abusing their monopolies and prioritizing some traffic over others. However, things might not be as bad as it sounds, we’ll dig in.

On Friday Obama is set to announce his reforms to the NSA, today the presidential review Panel testified to the Senate on their recommendations for reform and we’ve dug through the reports, watched the testimony, and will arm you with the facts before the spin goes into overdrive..

Then it’s your feedback, or follow up, and much much more.

On this week’s Unfilter.

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— Show Notes —

NSA is CRAZY

Similarly, Michael Morell, a former deputy CIA director, told the committee that so-called “metadata” about a phone conversation inherently entailed information about the substance of the communication. “There is quite a bit of content in metadata,” Morrell said. “There’s not a sharp distinction between metadata and content. It’s more of a continuum.”

Morrell added that the bulk collection of domestic phone data “has not played a significant role in preventing any terrorist attacks to this point,” further undercutting a major rationale offered by the NSA since the Guardian first revealed the bulk phone-data collection in June, thanks to leaks by Edward Snowden.

But, Morell added, “that is a different statement than saying the program has not been important.” Morrell said that bulk collection can provide a reassurance that there is no domestic nexus to foreign terrorist plots detected by other NSA efforts.

**“It is absolutely true that 215 has not by itself disrupted prevented terrorist attacks in the United States,** but that doesn’t mean it’s not important going forward, said Morell, using a shorthand for the bulk phone metadata collection. ”Many of us have never suffered a fire in our homes but many of us have homeowners insurance."

A _Washington Post _article reveals that the National Security Agency has been siphoning off data from the links between Yahoo and Google data centers, which include the fiber optic connections between company servers at various points around the world. While the user may have an encrypted connection to the website, the internal data flows were not encrypted and allowed the NSA to obtain millions of records each month, including both metadata and content like audio, video and text. This is not part of the PRISM collection under Section 702 of the Foreign Intelligence Surveillance Act (FISA) Amendments Act or the business records program under Section 215 of the Patriot Act, but a separate program called MUSCULAR under what appears to be Executive Order 12333 (“12333”).

On December 4, 1981 President Ronald Reagan signed Executive Order 12333, an Executive Order intended to extend powers and responsibilities of US intelligence agencies and direct the leaders of U.S. federal agencies to co-operate fully with CIA requests for information.[1] This executive order was entitled United States Intelligence Activities.

It was amended by Executive Order 13355: Strengthened Management of the Intelligence Community, on August 27, 2004. On July 30, 2008, President Bush issued Executive Order 13470[2] amending Executive Order 12333 to strengthen the role of the DNI

The technology, which the agency has used since at least 2008, relies on a covert channel of radio waves that can be transmitted from tiny circuit boards and USB cards inserted surreptitiously into the computers. In some cases, they are sent to a briefcase-size relay station that intelligence agencies can set up miles away from the target.

The radio frequency technology has helped solve one of the biggest problems facing American intelligence agencies for years: getting into computers that adversaries, and some American partners, have tried to make impervious to spying or cyberattack. In most cases, the radio frequency hardware must be physically inserted by a spy, a manufacturer or an unwitting user.

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Net Neutrality is Now a Zombie:

While it could still be appealed to the Supreme Court, the order today would allow pay-for-prioritization deals that could let Verizon or other ISPs charge companies like Netflix for a faster path to consumers.

The court left part of the Open Internet Order intact, however, saying that the FCC still has “general authority” to regulate how broadband providers treat traffic.

The FCC’s problem was that several years before its 2010 Open Internet Order, it classified ISPs as information services instead of telecommunications services, exempting them from common carrier rules. As Ars wrote in 2010, the common carriage part of US communications law is “the one that said public networks like the telephone must be open to all comers at the same rate and could not discriminate. Even though the old AT&T ran a private network, the company had to complete everyone’s calls; blocking critics from using the network was illegal.”

If the FCC said broadband providers were common carriers, it would be easier to dictate the terms under which they must pass traffic from content providers to home Internet users. Because the FCC didn’t go the common carriage route but still enacted anti-blocking and anti-discrimination rules, the commission had to do some legal gymnastics to justify the Open Internet Order.

Most consider the Internet Age to be a moment of unprecedented freedom in communications and culture. But as Tim Wu shows, each major new medium, from telephone to cable, arrived on a similar wave of idealistic optimism only to become, eventually, the object of industrial consolidation profoundly affecting how Americans communicate. Every once-free and open technology was in time centralized and closed, a huge corporate power taking control of the master switch. Today, as a similar struggle looms over the Internet, increasingly the pipeline of all other media, the stakes have never been higher. To be decided: who gets heard, and what kind of country we live in. Part industrial exposé, part meditation on the nature of freedom of expression, part battle cry to save the Internet’s best features, The Master Switch brings to light a crucial drama rife with indelible characters and stories, heretofore played out over decades in the shadows of our national life.

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