Digital Bill of Rights - May 2016

WhatsApp, the popular online messaging service, recently changed the landscape of the encryption debate after announcing that their entire platform, between all devices, would offer end-to-end encryption. This announcement was made on the tail end of Apple’s dispute with the FBI, precisely about breaking into encrypted iPhones. This past week, Viber, another popular messaging app, announced that their latest update would also include end-to-end encryption for all of its users. While this may just seem like another example of encryption making its way onto popular apps, the case with Viber is particularly more salient in proving just how futile it is for Congress to try to restrict encryption.

For quite some time now, the FCC has been trying to sell the idea of “opening” the set-top box as something innovative and beneficial for consumers. However, on the eve of the proposal’s filing deadline, Comcast and the free market have already moved well beyond the set-top box, into much more innovative territory. In two separate press releases this past Wednesday, Comcast announced new partnerships with Samsung and Roku to allow Xfinity streaming through the two platforms. Such partnerships demonstrate that, while the FCC ruling isn’t even official yet, they will essentially be obsolete on arrival. The set-top box is on its way out, and the market, not the FCC, is providing the alternative.

In recent months, the government has regularly been unable to underscore technological security and privacy in the digital sphere, as more and more tech companies turn to encrypting their data. From the Apple case to the recent WhatsApp encryption overhaul, individuals have witnessed a glimmer of hope that their privacy may once again be protected from government interference. However, this consumer privacy is in danger once more as Congress seeks to nullify the system of encryption.

The debate regarding encryption and privacy in the digital age has become a hot-button issue in light of the recent legal struggles between Apple and the FBI. Many technology producers and consumers have become particularly concerned with their messaging privacy, fearing similar compelled actions forced by governments. In response to these concerns, the developers at WhatsApp have taken a strong stance in favor of encryption, protecting the privacy rights of people around the world.

In Netflix’s hit series House of Cards, Frank Underwood has proven time and again to be a regular hypocrite, offering a fake public persona while acting entirely against his word. In recent days, it would seem that the show’s parent company has taken a page from Mr. Underwood’s playbook regarding net neutrality.

Engineers at Apple are drawing a line in the sand. According to The Hill, multiple employees of the company have stated that they will outright refuse to comply with orders from the FBI to weaken iPhone security, should the agency prevail in an ongoing court battle. For some, this would mean resigning from the company, for others, simply declining to write specific code, whatever the cost may be to their professional futures.

Recently, FCC Chairman Tom Wheeler proposed a set of new privacy regulations addressing the transfer and use of consumer information. Just as he had done previously with the set-top box proposal, Wheeler portrayed the new regulations as unilaterally beneficial to consumers. Of course, no regulatory case at the FCC is ever so simple, and there is much more at play here, including the potential for cronyism and regulatory power-grabs.