Wednesday, December 06, 2023

FCC Adopts Rules to Prevent and Eliminate Digital Discrimination

Internet access and fast broadband are essential for participating in modern life.  The Covid-19 pandemic in 2020 revealed the seriousness of what was already known – that a severe “digital divide” exists in the United States.  Citizens in low economic communities, rural areas, and Tribal territories often suffer from spotty, slow, and even non-existent internet access.  Most of these historically unserved and underserved communities parallel those that suffered from the “redlining” created by the National Housing Act of 1934.  During the closure of many services during the pandemic, residents in these areas had intermittent access to educational, health and social services.  Internet was needed for online classes so that students could participate in lessons and do their homework.  Many health services were only available through telehealth medicine.  Social services, such as applying for financial assistance or accessing information, were only available with computer access.  Job searches moved to being mostly online.  Cell phone usage was not reliable enough for people to accomplish the tasks they needed to do.

Therefore, in November of 2021, Congress passed the Bipartisan Infrastructure Law.  This law invested $65 billion dollars in universal broadband access which would make the internet both available and affordable, especially in those underserved areas.  Section 60506 of the Bipartisan Infrastructure Law states that “[i]t is the policy of the United States that, insofar as technically and economically feasible, subscribers should benefit from equal access to broadband.”  The law then directs the Federal Communications Commission (FCC) to “adopt rules to facilitate equal access to broadband internet access service” that “[prevent] digital discrimination of access based on income level, race, ethnicity, color, religion, or national origin; and [identify] necessary steps for the Commission to take to eliminate discrimination.”  Two years later, on November 15, 2023, the FCC officially adopted these rules.  Chairwoman Rosenworcel and Commissioners Starks and Gomez wrote individual statements in support of the rules while Commissioners Carr and Simington both issued dissenting statements.

These FCC rules define “digital discrimination of access” as “policies or practices, not justified by genuine issues of technical or economic feasibility, that differentially impact consumers’ access to broadband internet access service based on their income level, race, ethnicity, color, religion or national origin, or are intended to have such differential impact.” These impacts can arise from discriminatory intent, or they can be unintentional but still have a discriminatory effect.  The rules do take into account cost to the providers for delivering services as well as their technological ability to do so.  In general, the standard for these feasibilities is whether other, similar providers are able to serve these areas at the same level and at a more reasonable price. 

The source for the Congress’s and the FCC’s commitment to universal access is rooted in the Communications Act of 1934, which addressed wire and radio communication, and the Telecommunications Act of 1996, which expanded the law to include telecommunications.

The text of the report and rules, as well as the statements of the commissioners can be found here. 

 

Monday, November 06, 2023

U.S. Artificial Intelligence Safety Institute (USAISI) established by Federal Government

The U.S. Department of Commerce is establishing a new agency under its jurisdiction. President Biden recently signed an historic executive order establishing the U.S. Artificial Intelligence Safety Institute (USAISI). This agency is under the National Institute of Standards and Technology (NIST) which is under the Department of Commerce.

With the explosion of creation and use of AI products, the government decided it needs to be at the forefront of the development of standards and protocols ensuring the safety and trust of AI. The agency will develop norms that provide “for safety, security, and testing of AI models, develop standards for authenticating AI-generated content, and provide testing environments for researchers to evaluate emerging AI risks and address known impacts.” The USAISI will bring in experts from a number of fields including academia, industry, government, and civil society to contribute to these efforts. The department will also work with similar institutes in allied countries as well as other federal agencies.

“Through the establishment of the U.S. AI Safety Institute, we at the Department of Commerce will build on NIST’s long history of developing standards to inform domestic and international technological progress for the common good,” said U.S. Secretary of Commerce Gina Raimondo. Secretary Raimondo has recently been very involved with AI issues such as securing voluntary commitments to AI security from top American companies as well as shaping the G-7 Principles and Code of Conduct announced this past week.

Tuesday, October 31, 2023

Census Bureau Seeks Comments on the American Community Survey

 Beginning in 1810, the third census taken by the United States, the Census Bureau, a sub-agency within the Department of Commerce, understood that more information was needed about the public than the basic questions supplied.  This information was needed by business owners and potential business owners, academics doing research, other government agencies, etc.  Questions were added to the census covering various topics such as agriculture, industry, and commerce, as well as individuals' occupation, ancestry, marital status, disabilities, place of birth, and other topics.  These questions became unwieldy for the overall population, so in 1940, the Bureau created the long-form census questionnaire, which was sent to a random sampling of citizens.  More recently, the Bureau discovered that people need more up to date data than was provided by the decennial census.  In order to collect social, economic, and housing data continuously, the Bureau implemented, in 2005, the American Community Survey (ACS) and the Puerto Rico Community Survey (PRCS). This survey eliminated the need for the long-form of the census.

Periodically, the Census Bureau tests the questions to see if question wording, instructions, response categories, and underlying constructs need to be changed.  They also make changes to current topics or add topics as needed.  Current topics include household roster, educational attainment, health insurance coverage, disability, and labor force questions.  Three new topics are proposed for the 2025 census – solar panels, electric vehicles, and sewage disposal.

These changes and new topics will be available in the 2025 ACS/PRCS.  The Department of Commerce/Census Bureau is seeking comments on these changes and additions as well as on the validity of how questions are asked and the methodology of gathering and analyzing the information.  They are also asking for comments on how to make the survey less burdensome and more efficient for the respondents.

In order to read the document and make a comment, go to https://www.federalregister.gov/documents/2023/10/20/2023-23249/agency-information-collection-activities-submission-to-the-office-of-management-and-budget-omb-for

Comments must be received on or before December 19, 2023.

The Census Bureau warns “comments that you submit in response to this notice are a matter of public record. We will include, or summarize, each comment in our request to OMB (Office of Management and Budget) to approve this ICR (Information Collection Request). Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.”

 

Tuesday, October 24, 2023

War Crimes in Ukraine

 

The Independent International Commission of Inquiry on Ukraine was created by the UN Human Rights Council in 2022 to investigate all alleged violations and abuses of human rights and violations of international humanitarian law, and related crimes in the context of the Russian Federation’s aggression against Ukraine. In March 2024, the Commission will submit a comprehensive report on its activities within its second mandate to the Human Rights Council.

The Commission submitted a preliminary report on October 19, 2023, with documentation, to the UN General Assembly that Russia has been, and continues to be, responsible for a number of war crimes. The full report is available here.

These include:

Indiscriminate attacks which include the wounding or death of civilians and the destruction of civilians’ property.  The Commissioners spoke with some of the survivors of the attacks and viewed the damage. 

Torture of detainees which reaches the level of war crimes.  Detainees have been held and tortured in Russia and in Kherson and Zaporizhzhia regions of Ukraine.  Most prisoners have been men accused of passing information to Ukraine or supporting Ukrainian forces.  Some victims have died from the severity of the torture. 

Rape and other sexual violence.  Other acts of violence often inflicted with the rapes have been severe beatings, strangling, suffocating, slashing, shooting next to the head of the victim, and willful killing.  The majority of these acts have been against civilians.

The deportation of children to Russia or Russian occupied territories. There have been at least 31 documented transfers of children out of Ukraine and away from parents and relatives.   Subsequent actions indicate that the Russians intend for the children to remain in Russia for a prolonged period of time.

The report also shows evidence of three times Ukrainian forces have been guilty of human rights violations against people they believe have been in collaboration with Russia. 

The Office of the High Commissioner for Human Rights (UN Human Rights) is the leading UN entity on human rights. They represent the world's commitment to the promotion and protection of the full range of human rights and freedoms set out in the Universal Declaration of Human Rights.

 

Wednesday, October 18, 2023

Snakes on a Plane, in an Apartment, or at the Supermarket? Assistance Animals Under Three Federal Statutes

 

Congressional Research Service (CRS) serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress. They recently posted a summary of laws dealing with service and assistance animals.

The three main laws concerning service and assistance animals for the disabled are the Americans with Disability Act, the Air Carrier Access Act and the Fair Housing Act. The Americans with Disabilities Act covers access to businesses and other public services.  The Air Carrier Access Act specifically addresses airlines (as opposed to airports covered by the ADA), and the Fair Housing Act concerns non-commercial housing and covers property owners, housing managers, HOA's, insurers, real estate agents, housing authorities, and colleges and universities.  All three acts state that businesses and services must make "reasonable modifications" to policies, practices, and procedures.  

According to the ADA, a disability is a physical or mental impairment that significantly limits one or more major life activity.  The ADA and the ACAA only protect service animals -- those animals trained to do work or perform tasks specifically related to the disability.  Only dogs and miniature horses are covered by ADA and ACAA.  Miniature horses may be used by people who are allergic to dogs.  No peacocks need apply.  Emotional support animals are not covered by these acts, but trained animals providing psychiatric assistance are.  

Businesses may not ask a person what their disability is, but they can ask what the animal has been trained to do.  Airlines may ask for DOT (Department of Transportation) forms concerning the health and/or training of the animal.  Animals must always be under the control of the handler, who must provide care and clean up.  

The FHA does protect assistance animals as well as service animals, including untrained ones, although the housing provider can still ask about the animal's function and for verification and documentation.  Common household animals (dogs, cats, etc.) are protected, but barnyard and exotic animals are not without documented proof of need.  Housing agents must allow the animals, but owners are liable for the cost of any damages caused by the animal.

The HUD says that denials of assistance animals accommodations are rising and are one of the most common fair housing complaints.

Other acts that include information about service and assistance animals are the Rehabilitation Act of 1973, the Affordable Care Act, the Congressional Accountability Act, and the Individuals with Disabilities Education Act.  

Thursday, October 12, 2023

Iran, Hamas, Israel, and the United States

The United States Institute of Peace is a national, nonpartisan, independent institute, founded by Congress and dedicated to the proposition that a world without violent conflict is possible, practical and essential for U.S. and global security. The USIP regularly gathers statements from US, and some foreign, government officials on particular situations. 

Today the USIP made a statement about the Hamas attack on Israel. They pointed out that Hamas, although a Palestinian movement, is armed and trained by the support of Iran. While US and Israeli officials were initially concerned that Iran was complicit in the attack on Israel, there has been no evidence at this time that Iran directed or was behind it. The US has subsequently warned Iran not to get involved in the current situation. 

Iran has been of grave concern to the US for some time now because of it’s potential for making nuclear weapons. Through several presidencies, with bipartisan convictions, the US has considered Iran one of the greatest threats to US interests in the Middle East. In addition to attempted nuclear weapon proliferation, Iran has created increasingly accurate ballistic missiles, provided drones to Russia, provided financial and military support to militias in Iraq, Lebanon, Syria and Yemen as well as Hamas and Hezbollah, increased aggression against the US at sea, conducted cyberattacks against the US government and plotted the assassination of US officials. According to intelligence, Iran has the supplies and the capability to make four nuclear weapons in a year or two. Since November of 2022, the US and Israel have increased their joint military operations to combat any move by Iran to produce such weapons. The “Juniper Oak 23” exercise held in January 2023 was the largest U.S.-Israeli military exercise ever conducted. Although numerous US officials have stated that diplomacy is the best way to deal with Iran’s plans for nuclear weapons, all have ended their statements with words along the lines of “but nothing is off the table.”


Friday, September 15, 2023

Student journalists: Get ready for the new year by sharpening up with FOIA 101

Records requests are a powerful tool for journalists, researchers and the public to understand and open up government, and that includes those just starting their careers. To help start the year off strong, MuckRock, a non-profit collaborative news site that gives you the tools to keep our government transparent and accountable,  is offering a FOIA 101 geared specifically towards student journalists, whether you’re on the beat at a college paper or muckraking in the halls of your high school. 

They will cover the basics of requesting — and then actually getting — information, as well as share requests and story ideas you can put to work immediately. 

The session will be led by Albert Serna Jr., the Sam Whitmore FOIA Fellow on Sept. 20 at 3:30 Eastern/12:30 Pacific. 

While the session is geared specifically towards student journalists, we believe in life-long learning and it’s open to everyone to attend. 


Attendees that work for a student publication will be eligible for free MuckRock accounts with requests as well as access to DocumentCloud, our sister service that helps organize and analyze all the resulting documents you get back. For those eager to get going, you can also check out our special guides to FOIA for high schoolers and public records for college journalists.

Announcement written by Michael Morisy and edited by Derek Kravitz for MuckRock.

Wednesday, September 13, 2023

2015 Paris Climate Agreement & report card

The agreement required a report card on progress. Agreement: "Unlike other UN climate change reports that are meant to be informative and shy away from policy recommendations, the stocktake is explicitly meant to spur countries to act. It's a blunt progress assessment, and it lays out how much further countries must go in their emissions commitments the next time they come to the negotiating table at COP28, which will be held in the United Arab Emirates this December." World's Brutal Climate Change Report Card, Explained. Rebecca Leber and Umair Irfan. Vox. 12 September 23.

Thursday, May 04, 2023

Access USA Trade Online Data / Census Bureau

Today's Government Information for Research blog features USA Trade Online by Census Bureau. What is it? USA Trade® Online is a free, simple, and fast way to access the monthly merchandise trade numbers.
Click here to find an example that shows data for five commodity numbers, covering three years, with a list of countries, for either imports or exports. It provides step by step instruction on how to do it. If you need further help and assistance about searching, accessing, and using this government data resource, please email govhelp@rice.edu.

Thursday, February 09, 2023

New Electronic U.S. Federal Government Publication for January 2023

909 New Electronic Titles (NET) are now available for January 2023. These publications are accessible from the New Titles section of the Catalog of U.S. Government Publications (CGP)

Here are some examples of the new publications: 

1 Access for Veterans to Records Act of 2022 : report of the Committee on Homeland Security and Governmental Affairs, United States Senate to accompany S. 4816 to require the Archivist of the United States to submit to Congress a comprehensive plan for reducing the backlog of requests for records from the National Personnel Records Center, and for other purposes. 2023 United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs, Y 1.1/5:117-265 https://purl.fdlp.gov/GPO/gpo190997 

2 Advancing American AI Act : report of the Committee on Homeland Security and Governmental Affairs, United States Senate to accompany S. 1353 to promote United States values and fulfill agency missions through the use of innovative applied artificial intelligence technologies, and for other purposes. 2023 United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs, Y 1.1/5:117-270 https://purl.fdlp.gov/GPO/gpo191001  

3 All-American Flag Act : report of the Committee on Homeland Security and Governmental Affairs, United States Senate to accompany S. 4399 to require the purchase of domestically made flags of the United States of America for use by the federal government. 2023 United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs, Y 1.1/5:117-240 https://purl.fdlp.gov/GPO/gpo191067 

4 Allegations of ethics violations by former U.S. Department of the Interior Secretary were not substantiated. 2023 United States. Department of the Interior. Office of Inspector General, I 1.121:19-0313 https://purl.fdlp.gov/GPO/gpo191151 

5 American Security Drone Act of 2021 : report of the Committee on Homeland Security and Governmental Affairs, United States Senate to accompany S. 73 to ban the federal procurement of certain drones and other unmanned aircraft systems, and for other purposes. 2023 United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs, Y 1.1/5:117-267 https://purl.fdlp.gov/GPO/gpo191123 

6 Balancing open science and security in the U.S. research enterprise : joint hearing before the Subcommittee on Investigations and Oversight Subcommittee on Research and Technology of the Committee on Science, Space and Technology, House of Representatives, One Hundred Seventeenth Congress, first session, October 5, 2021. 2023 United States. Congress. House. Committee on Science, Space, and Technology (2011- ).Subcommittee on Y 4.SCI 2:117-33 https://purl.fdlp.gov/GPO/gpo191235 

7 Build America, Buy America Act : report of the Committee on Homeland Security and Governmental Affairs, United States Senate to accompany S. 1303 to ensure that certain federal infrastructure programs require the use of materials produced in the United States, and for other purposes. 2023 United States. Congress. Senate. Committee on Homeland Security and Governmental Affairs, Y 1.1/5:117-268  https://purl.fdlp.gov/GPO/gpo191047 

8 Building back the U.S. research enterprise : COVID impacts and recovery : hearing before the Committee on Science, Space and Technology, House of Representatives, One Hundred Seventeenth Congress, first session, February 25, 2021. 2023 United States. Congress. House. Committee on Science, Space, and Technology (2011- ), Y 4.SCI 2:117-2 https://purl.fdlp.gov/GPO/gpo190721 

9 Building regional innovation economies : hearing before the Subcommittee on Research and Technology of the Committee on Science, Space and Technology, House of Representatives, One Hundred Seventeenth Congress, first session, June 9, 2021. 2023 United States. Congress. House. Committee on Science, Space, and Technology (2011- ).Subcommittee on Y 4.SCI 2:117-20 https://purl.fdlp.gov/GPO/gpo191481 

10 Cargo preference : compliance with and enforcement of maritime’s buy American laws : remote hearing before the Subcommittee on Coast Guard and Maritime Transportation of the Committee on Transportation and Infrastructure, House of Representatives, One Hundred Seventeenth Congress, second session, September 14, 2022. 2023 United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Coast Y 4.T 68/2:117-57 https://purl.fdlp.gov/GPO/gpo190921