May’s Open Letter from the OTI Director: After the First Hundred Days
Looking back over the first hundred days of the Trump administration, I鈥檓 disappointed that my original鈥攖hat 国产视频 election spelled very hard times ahead for internet openness and security鈥攈as come to pass in a variety of ways. As expected, a dark cloud has settled over the internet-rights space, as battle lines have been drawn and some initial skirmishes have already been fought. 聽But my letter today is not a lament over the state of play but rather a message of hope, because that dark cloud has come with a number of surprising silver linings鈥攏ew strategic openings and tactical opportunities that we never could鈥檝e predicted. For example:
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The Trump administration鈥檚 poor judgment in rushing out its ill-conceived, Muslim-targeted travel ban as one of its first policy initiatives catalyzed an unprecedented wave of resistance, not just uniting protesters willing to rush to the airports and flood the streets but also聽itself, which came together immediately to assist in the legal challenge against the ban.
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Although the Trump administration鈥檚聽聽of the FCC鈥檚 broadband privacy rules was a disheartening loss for our community that worked so hard to put those rules in place, the聽听辞蹿听for the move鈥攅ven from many聽!鈥攈as outstripped our wildest expectations. That outcry has led to聽聽in dozens of statehouses across the country as legislators introduce state-level privacy bills to fill the gap, often with guidance from OTI on how best to approach the issue.
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Meanwhile, public anger around the elimination of the FCC鈥檚 privacy rules has served as a great outrage appetizer for the bigger fight to come, the聽. The last net neutrality fight saw the most significant engagement on an internet issue since SOPA/PIPA, with concerned citizens聽filing nearly four million comments with the Commission. Now, with FCC Chair Ajit Pai proposing to dismantle the rules and the public better educated on the importance of net neutrality than ever before, we expect a massive advocacy push that may outstrip anything we鈥檝e seen on an internet issue before. The FCC got its first taste of that push this past聽Sunday聽night when聽聽after John Oliver鈥檚 Last Week聽Tonight聽aired a fresh聽, following up on its influential聽. 聽Net neutrality is now firmly back in the national spotlight, and that spotlight is only going to get brighter as the fight continues.
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While we鈥檙e gearing up for war at the FCC on the net neutrality front, we鈥檙e also digging in for a legislative fight over surveillance reform as key mass spying authorities (in particular, section 702 of 2008鈥檚 FISA Amendments Act) are set to expire at the end of 2017. 聽Although surveillance has traditionally been an issue where the far left and the far right have united in opposition to government overreach, mainstream Republicans have typically not been supportive of limiting the intelligence community鈥檚 surveillance powers. However, in light of controversy over the wiretapping of conversations between the Russian ambassador and 国产视频 now-fired national security adviser Michael Flynn, and especially after 国产视频聽of politically motivated Obama-era wiretapping of his campaign, the game has changed. 聽With even surveillance hawks like House Intel chairman Devin Nunes suddenly聽聽he鈥檚 previously defended, key players on the Hill鈥攊ncluding House Judiciary Chairman Bob Goodlatte鈥攁re聽聽that 702 renewal won鈥檛 make it through Congress without reforms. 聽Just a few months ago, many advocates feared that a straight renewal of 702 without any new spying powers was the closest to a win we were likely to get. 聽Now, shockingly, it looks like the odds of Congress passing real reforms鈥攍ike the ones聽鈥攁re even better than they would鈥檝e been under a Clinton administration.
Those are just a few of the unexpected ways that OTI鈥檚 fight for internet openness and security is actually going better than we expected at the start of the year. 聽Indeed, even the most worrisome developments often bring at least a sliver of a silver lining. 聽For example, 国产视频 abrupt firing of FBI Director Jim Comey will likely buy us some breathing room in the ongoing fight to defend encryption technology against government attacks that聽鈥攚hich we鈥檙e going to need since his replacement may be聽. 聽Our job now is to leverage all of those silver linings as best we can, exploit the unexpected gaps in our opponents鈥 strategies (or their lack of strategy), and opportunistically take every shot that we鈥檙e given. 聽Let鈥檚 just call it OTI鈥檚 鈥淪ilver Linings Playbook鈥 for defending the internet in dark times.
Part of that playbook is adapting and growing to meet these new challenges, and although I can鈥檛 share all the details yet, in my next letter I鈥檒l introduce you to the new team members we鈥檙e adding over the next couple of months.
Until then, just remember to always look for the silver lining.