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Evan Greer, press@fightforthefuture.org, 978-852-6457
In a bombshell story from Gizmodo today, a former FCC security employee lays waste to the agency's claims that a pair of DDoS attacks took down the FCC comment website at the exact moments when large amounts of pro net neutrality comments would have been flooding into the docket following viral segments from comedian John Oliver in 2014 and 2017. The agency's inability to maintain a functional way for the public to comment on its net neutrality proceedings has become an issue of concern for members of Congress overseeing the agency, and raises questions about how it can or should move forward with its rulemaking process.
The security expert who spoke to Gizmodo reveals that the FCC security team concluded that there had not been a malicious attack after the John Oliver segment in 2014. But until-recent FCC CIO David Bray told reporters that anyway, despite the fact there was no evidence of it, and he did not even have access to the types of logs and information that could have led him to that conclusion. The source also leaked a photo of the FCC's server room to Gizmodo, revealing a mess of wires that would make any competent IT professional cringe.
When pressed, Bray admitted to being the source of news reports about the made up "hacking" attack, but he never reported the incident to the Department of Homeland Security, who require that government agencies notify them of such attacks. With the backing of the FCC press office, Bray fed reporters that exact same story when the agency's comment system collapsed again this year, preventing large numbers of people from making their voices heard in the agency's proceeding.
Evan Greer, campaign director of Fight for the Future, said: "These latest revelations are outrageous. A senior FCC official intentionally misled the public and invented cyber attacks to cover up the fact that the agency is failing at their responsibility to maintain a functioning system to receive feedback about an issue that affects every single person using the Internet. The FCC must address these serious issues with their comment process before moving forward, or it will be clear that this is a rogue agency that answers only to large telecom companies, and not to the American people."
The news comes after more than 15,000 people have signed a petition calling on their lawmakers to instruct the FCC to comply with transparency laws as the agency moves ahead with its unpopular plan to gut net neutrality protections that prevent ISPs from charging extra fees, throttling, or blocking content online.
The agency is currently facing multiple lawsuits for refusing to release information related to the now-debunked DDoS claims, Chairman Ajit Pai's discussions with telecom companies, large amounts of fake comments using real people's names and addresses without their permission.
"Members of Congress need to understand that this is not an issue they can ignore or hide from," Greer added, "Voters from across the political spectrum overwhelmingly support the current net neutrality rules, and want their Senators and Representatives to do their job and speak out to ensure that the FCC is listening to the will of the public, not just to lobbyists from giant telecom companies. Lawmakers from both sides of the aisle need to exercise their oversight and demand that the FCC act transparently during this proceeding."
Fight for the Future has been working to inform the public about the serious issues surrounding the FCC's comment process. The group organized a letter from dozens of people whose names and addresses were used to submit anti net neutrality comments without their permission, as well as several petitions garnering tens of thousands of signatures calling on the agency to come clean about the alleged DDoS attack that prevented concerned citizens from submitting comments.
Fight for the Future was also one of the leading organizations behind the historic Internet-Wide Day of Action for Net Neutrality on July 12, which drove a record breaking 2 million+ comments to the FCC and Congress in a single day. Learn more at fightforthefuture.org
Fight for the Future is a group of artists, engineers, activists, and technologists who have been behind the largest online protests in human history, channeling Internet outrage into political power to win public interest victories previously thought to be impossible. We fight for a future where technology liberates -- not oppresses -- us.
(508) 368-3026"Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?" asked Sen. Bernie Sanders.
US Sen. Bernie Sanders on Sunday implored his Democratic colleagues in Congress not to cave to President Donald Trump and Republicans in the ongoing government shutdown fight, warning that doing so would hasten the country's descent into authoritarianism.
In an op-ed for The Guardian, Sanders (I-Vt.) called Trump a "schoolyard bully" and argued that "anyone who thinks surrendering to him now will lead to better outcomes and cooperation in the future does not understand how a power-hungry demagogue operates."
"This is a man who threatens to arrest and jail his political opponents, deploys the US military into Democratic cities, and allows masked Immigration and Customs Enforcement agents to pick people up off the streets and throw them into vans without due process," Sanders wrote. "He has sued virtually every major media outlet because he does not tolerate criticism, has extorted funds from law firms and is withholding federal funding from states that voted against him."
If Democrats capitulate, Sanders warned, Trump "will utilize his victory to accelerate his movement toward authoritarianism."
"At a time when he already has no regard for our democratic system of checks and balances," the senator wrote, "he will be emboldened to continue decimating programs that protect elderly people, children, the sick and the poor while giving more tax breaks and other benefits to his fellow oligarchs."
Sanders' op-ed came as the shutdown continued with no end in sight, with Democrats standing by their demand for an extension of Affordable Care Act (ACA) tax credits as a necessary condition for any government funding deal. Republicans have so far refused to negotiate on the ACA subsidies even as health insurance premiums skyrocket nationwide.
The Trump administration, meanwhile, is illegally withholding Supplemental Nutrition Assistance Program (SNAP) funding from tens of millions of Americans—including millions of children—despite court rulings ordering him to release the money.
In a "60 Minutes" interview that aired Sunday, Trump again urged Republicans to nuke the 60-vote filibuster in the Senate to remove the need for Democratic support to reopen the government and advance other elements of their agenda unilaterally. Under the status quo, Republicans need the support of at least seven Democratic senators to advance a government funding package.
"The Republicans have to get tougher," Trump said. "If we end the filibuster, we can do exactly what we want. We're not going to lose power."
Congressional Democrats have faced some pressure from allies, most notably the head of the American Federation of Government Employees (AFGE), to cut a deal with Republicans to end the shutdown and alleviate the suffering it has inflicted on federal workers and many others.
But Democrats appear unmoved by the AFGE president's demand, and other labor leaders have since voiced support for the minority party's effort to secure an extension of ACA subsidies.
"We're urging our Democratic friends to hold the line," said Jaime Contreras, executive vice president of the 185,000-member Service Employees International Union Local 32BJ.
In his op-ed on Sunday, Sanders asked, "Does anyone truly believe that caving in to Trump now will stop his unprecedented attacks on our democracy and working people?"
"If the Democrats cave now, it would be a betrayal of the millions of Americans who have fought and died for democracy and our Constitution," the senator wrote. "It would be a sellout of a working class that is struggling to survive in very difficult economic times. Democrats in Congress are the last remaining opposition to Trump's quest for absolute power. To surrender now would be an historic tragedy for our country, something that history will not look kindly upon."
"Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food," one lawyer said.
As the Trump administration continued its illegal freeze on food assistance, the US Department of Agriculture sent a warning to grocery stores not to provide discounts to the more than 42 million Americans affected.
Several grocery chains and food delivery apps have announced in recent days that they would provide substantial discounts to those whose Supplemental Nutrition Assistance Program (SNAP) benefits have been delayed. More than 1 in 8 Americans rely on the program, and 39% of them are children.
But on Sunday, Catherine Rampell, a reporter at the Washington Post published an email from the USDA that was sent to grocery stores around the country, telling them they were prohibited from offering special discounts to those at greater risk of food insecurity due to the cuts.
"You must offer eligible foods at the same prices and on the same terms and conditions to SNAP-EBT customers as other customers, except that sales tax cannot be charged on SNAP purchases," the email said. "You cannot treat SNAP-EBT customers differently from any other customer. Offering discounts or services only to SNAP-eligible customers is a SNAP violation unless you have a SNAP equal treatment waiver."
The email referred to SNAP's "Equal Treatment Rule," which prohibits stores from discriminating against SNAP recipients by charging them higher prices or treating them more favorably than other customers by offering them specialized sales or incentives.
Rampell said she was "aware of at least two stores that had offered struggling customers a discount, then withdrew it after receiving this email."
She added that it was "understandable why grocery stores might be scared off" because "a store caught violating the prohibition could be denied the ability to accept SNAP benefits in the future. In low-income areas where the SNAP shutdown will have the biggest impact, getting thrown off SNAP could mean a store is no longer financially viable."
While the rule prohibits special treatment in either direction, legal analyst Jeffrey Evan Gold argues that it was a "perverted interpretation of a rule that stops grocers from price gouging SNAP recipients... charging them more when they use food stamps."
The government also notably allows retailers to request waivers for programs that incentivize SNAP recipients to purchase healthy food.
Others pointed out that SNAP is currently not paying out to Americans because President Donald Trump is defying multiple federal court rulings issued Friday, requiring him to tap a $6 billion contingency fund to ensure benefit payments go out. Both courts, in Massachusetts and Rhode Island, have said his administration's refusal to pay out benefits is against the law.
One labor movement lawyer summed up the administration's position on social media: "Can't follow the law when a judge says fund the program, but have to follow the rules exactly when they say don't help poor people afford food."
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy.
After failing to use the government's might to bully Jimmy Kimmel off the air earlier this fall, President Donald Trump is once again threatening to bring the force of law down on comedians for the egregious crime of making fun of him.
This time, his target was NBC late-night host Seth Meyers, whom the president said, in a Truth Social post Saturday, "may be the least talented person to 'perform' live in the history of television."
On Thursday, the comedian hosted a segment mocking Trump's bizarre distaste for the electromagnetic catapults aboard Navy ships, which the president said he may sign an executive order to replace with older (and less efficient) steam-powered ones.
Trump did not take kindly to Meyers' barbs: "On and on he went, a truly deranged lunatic. Why does NBC waste its time and money on a guy like this??? - NO TALENT, NO RATINGS, 100% ANTI TRUMP, WHICH IS PROBABLY ILLEGAL!!!"
It is, of course, not "illegal" for a late-night comedian, or any other news reporter or commentator, for that matter, to be "anti-Trump." But it's not the first time the president has made such a suggestion. Amid the backlash against Kimmel's firing in September, Trump asserted that networks that give him "bad publicity or press" should have their licenses taken away.
"I read someplace that the networks were 97% against me... I mean, they’re getting a license, I would think maybe their license should be taken away,” Trump said. "All they do is hit Trump. They’re licensed. They’re not allowed to do that.”
His FCC director, Brendan Carr, used a similar logic to justify his pressure campaign to get Kimmel booted by ABC, which he said could be punished for airing what he determined was "distorted” content.
Before Kimmel, Carr suggested in April that Comcast may be violating its broadcast licenses after MSNBC declined to air a White House press briefing in which the administration defended its wrongful deportation of Salvadoran immigrant Kilmar Abrego Garcia.
"You need to understand that he actually believes it is illegal to criticize him," wrote Sen. Chris Murphy (D-Conn.) on social media following Trump's tirade against Meyers. "Why? Because Trump believes he—not the people—decides the law. This is why we are in the middle of, not on the verge of, a totalitarian takeover."