Judge Orders FCC To Hand Over IP Addresses Linked To Net Neutrality Comments
gizmodo.com
gizmodo.com
The separate question that still needs to be figured out, is who is going to be penalized for lying to the american people and taking away their freedoms [1]?
[1] https://techcrunch.com/2018/08/06/fcc-admits-it-was-never-ac...
> The FCC argued in court that making the millions of IP addresses contained in the logs publicly accessible would constitute an “unwarranted invasion of personal privacy.” And while [Judge Schofield] didn’t entirely disagree, she said the agency had failed to adequately spell out how anyone would be harmed by the disclosure.
> Regardless, Schofield said she also decided to weigh any hypothetical harm against the potential value of the information to the public. “In this case, the public interest in disclosure is great because the importance of the comment process to agency rulemaking is great,” she said, adding: “If genuine public comment is drowned out by a fraudulent facsimile, then the notice-and-comment process has failed.”
The judge also wrote that:
> ...despite the privacy concerns raised by the agency, releasing the logs may help clarify whether fraudulent activity interfered with the comment period, as well as whether the agency’s decision-making process is “vulnerable to corruption.”
Gizmodo failed to link to the actual opinion with this info: https://www.courtlistener.com/docket/7906482/33/the-new-york...
Edit: upon reading more, now I'm not sure if the NYT already has the names and addresses and is just seeking the metadata or if they don't need that data to do their analysis. Your guess might have been right, the ruling is unclear.
The point of the person you're responding to is that the NYT doesn't need to seek names or addresses, because they're already public information. Anyone can go look up the docket and see them[1].
So, their argument I believe is that, given that the names and addresses of the filers of comments are already publicly available, what further privacy concern is there in releasing IP address information?
And there might be one. IP address & UA might further allow me to correlate the user's activity elsewhere; some comments didn't submit names or addresses — IIRC these were "required" but some people filled in the fields with things like "none".
There were also allegations that the names of some comments were falsified on comments not in favor of net neutrality. IP address information might lend evidence to or against those allegations.
[1]: https://www.fcc.gov/ecfs/search/filings?proceedings_name=17-...
They usually publish the names of people who commented don't they? I know mine was accessible.
> Any comments that you submit to the FCC on a proposed rulemaking, petition, or other document for which public comment is requested will be made public, including any personally identifiable information you include in your submission. We may share non-personally identifiable information with others, including the public, in aggregated form, in partial or edited form, or verbatim.
Wording here is a little ambiguous. As a techie, it's pretty easy to make an argument that the IP address is something I "included" in the submission (it's part of the packets my computer is sending on my behalf), but I'm not sure the average person would read it that way, instead interpreting it as pertaining only to information they explicitly typed into a text box.
- how many submissions came from the ISP law offices address block?
- how many submissions came from lobby group #12's address block?
- which ip addresses had more than 20 unique submissions?
then use the results as the basis for investigations. Some results could be benign, some results could be less so.
A random sample should be sufficient to see whats going on, if its sufficiently widespread to affect results.
What really happened here is a judge orders an agency to comply with the freedom of information act because the agency had not made a sufficient case that it was exempted from doing so in this instance. Doesn't address who is right about the "fakeness" question.
The former implies extreme ignorance, the later implies agency capture to the point the FCC is no longer a public institution.
You can't put industry insiders into top regulatory positions of the very industries they work for, you have to be a drooling moron to not see why that's a bad idea, much less unethical. The fact that both parties are okay with it should speak volumes.
As a reminder: the overwhelming public opinion and media coverage was on outrage over the fraudulent comments prior to Pai announcing that the public had shown support for ending Net Neutrality. That alone should be grounds for having him tried. At what point can you no longer legally get away with malicious lying for profit? I think he crossed that line, which is impressive.
https://www.buzzfeednews.com/article/jsvine/net-neutrality-f...
We all know that anyone could fake an IP address, as well. It would take little thought to spam a bunch of nonsense through a random proxy via a script. But, just like every other kind of spam, it would just get ignored by the recipient.
They were looking for legal arguments made by people regarding their plans, not public support. So, screw the spammers, but it's really weird that this is being made into such a huge deal. This isn't a vote, there's no ballot box to stuff. And even in the off chance a Russian made some good legal point about net neutrality, why would that be a bad thing?
It feels a lot like this:
Meanwhile, for those following the Russia stories, there's been huge news in the Flynn case, but I see almost no coverage. Well, we'll have to see how it plays out, sure, but the radio silence is just weird.
Are you sure? My impression was that they were (supposed to be) gauging popular sentiment.
An open solicitation for legal arguments from the public at large seems, uh, counter-intuitive to me.
But that's also why I don't see them paying attention to the wishes of the general public at all. Most of us aren't lawyers and unless we raise some legal point, nothing we say actually matters to them at all. I think it's pretty clear that they went ahead with plans they had from the start.
So whether or not Russians or other foreigners commented in a web form open to the world or not, I don't see it as having mattered one bit.
....swallows lump in throat *
Umm Trump was right, and they were complicit in proliferating fake news
But apparently spamming a web form with pointless comments is really important to some people because it proves... something?
Be careful what you wish for.
And I don't see why we wouldn't want our government's servers to have logs that can be inspected when we have questions about integrity.
>One 369-word comment supporting the Obama-era net-neutrality rules was posted on the FCC website more than 300,000 times. One of those was attributed to Gloria Burney, 87, a retired speech therapist in Los Angeles. She isn’t in favor of repealing those rules, she said, “but I never wrote that.” A comment from “Elzor The Blarghmaster” at 9632 Elm Road, Maywood, Ill., was among the 818,000 identical FCC comments backing the Trump policy. No such address could be found, said Jimmie Thompson, a U.S. Postal Service carrier in Maywood.
If you've got the impression that the bot compaigns were only from one side, you've just been misled by biased media like OP, which links to prior coverage of one company and doesn't bother to tell you about the broader picture.
The thing is, a lot of the bots didn't submit comments directly, which would have required getting keys to submit in bulk and leave a trail. Instead, they filled out forms on the many sites that were set up to take names and submit form letters to the FCC. So some advocacy org might set up a site and get a million comments, half of them might be legit and half might be from a script kiddy running a database of addresses and names through the site, which then submits it to the FCC. The site has no particular incentive to vet the submissions. Knowing the IP address of the entity who sent the message to the FCC is close to useless, in that scenario.
Scraping names/addresses and blasting comments without actually doing the footwork actually undermines the integrity of the entire thing. For both sides.
I won't deny an automated form filler script didn't pass through my mind as an option; but I have a very intense distaste for people who engage in unauthorized proxy behavior, or who subvert other's identities online. Especially now that everyone has thrown out the prevailing common sense of not linking your real life persona to your digital presence. It's one of those lines you just don't cross.
Then again, I've been called an anachronism by peers before; and with recent behavior by various large companies (Wells Fargo) taking the initiative to sign people up for things they don't ask for, maybe my brand of professional ethos hasn't aged well.
- the pro-net-neutrality side organized virtual letter-writing campaigns, getting lots of actual human people to send in pre-written messages they agree with but did not author
- the anti-net-neutrality side, unable to find large numbers of actual human people who agreed, used bots to pretend to be lots of people
and therefore, to the underlying question of what policy do more actual human people support, we should disregard many more of the received anti-net-neutrality comments.
I struggle to think how you can characterize 7 million fake comments out of 23 million total that came from a "single fake e-mail generator website" as "the pro-net-neutrality side organized virtual letter-writing campaigns, getting lots of actual human people to send in pre-written messages they agree with but did not author"
I get that this narrative is more comfortable for some to believe, but it's plainly contradicted by the facts.
The claim I made was, "I don't think the evidence you've posted supports that there were massive bot campaigns," bot in italics.
You have now changed your claim to be about "fake comments," independent of bots, which is not what we were talking about. Nor did I claim that it was "only one side who resorted to fake comments" - I said "we should disregard many more of the received anti-net-neutrality comments. I did not say that we should disregard zero received pro-net-neutrality comments. It is certainly true that a nonzero number of comments on both sides were fake comments. The question is whether that's a small number or a large number, and whether the numbers are the same (let alone "massive") on both sides.
The WSJ article you linked to includes evidence that a number of anti-net-neutrality comments were posted by bots - see the paragraphs starting "Chicago programmer..." - and that a number of pro-net-neutrality comments were posted by humans encouraged to send in pre-canned messages. Those are certainly not "bot campaigns." Whether those comments count as "fake comments," whether those comments correspond to a small number of actual humans who were stealing others' identities, whether those comments correspond one-to-one with actual humans who failed to fill in their own contact information, etc. is an interesting question that's worth discussing, but let's settle the claim you originally made, first, that there were "massive bot campaigns on both sides of the issue." Where is the evidence that there was even a single bot campaign - again, emphasis on bot - on the pro-net-neutrality side?
The comment from an FCC spokesman about a "single fake e-mail generator website" refers to fake e-mail addresses (it's a website much like Mailinator). Such addresses could well have been used by real people to send real comments, so this does not necessarily correlate with "fake comments." (For instance, I assume your legal name is not "Ikeboy," so you're using a "fake name" on this website - but that hardly means you're making "fake comments," or that you're part of a bot campaign.)
There's plenty:
>One 369-word comment supporting the Obama-era net-neutrality rules was posted on the FCC website more than 300,000 times. One of those was attributed to Gloria Burney, 87, a retired speech therapist in Los Angeles. She isn’t in favor of repealing those rules, she said, “but I never wrote that.”
You presented the "Chicago programmer" analysis as proof of bot activity. In the linked blog post, they say:
>A number of journalists have tried to trace where this message is coming from, and the best guess seems to be the Council for Individual Freedom. This was a mentioned in a recent Gizmodo article, where the organization claimed that they were running an ad campaign that directed users to a form, and they provided a screenshot of that form.
This is the same thing that many of the pro NN organizations were doing. Under what definition are you implying that a single message submitted 300k times wasn't a bot but the other ones discussed are?
Again:
>He said the FCC received more than 7.5 million comments consisting of the same short-form letter supporting the current rules from about 45,000 unique email addresses, “all generated by a single fake e-mail generator website.”
This is on average each email being used over 100 times. You think 7 million Americans:
A. Know how to use email generator websites B. Decided to all use a particular website C. Sent the same form letter while using said website and D. Happened to choose the same name as 100 other people on average?
This is just not a credible claim.
I'm sure you've got a perfectly innocent non-bot explanation for this as well:
>He said the FCC received more than 400,000 comments supporting the old rules “from the same address in Russia.”
This is consistent with my claim: "the pro-net-neutrality side organized virtual letter-writing campaigns, getting lots of actual human people to send in pre-written messages they agree with but did not author."
There is not enough detail in the WSJ article to distinguish between scenario 1, Ms. Burney having clicked on a thing that says "take action now to support net neutrality!" which sent a message under her name that she didn't write and no longer remembers, and scenario 2, Ms. Burney not having been involved at all, not wanting to have submitted a comment, but happening to agree with a message she never submitted. Both are plausible under the evidence, and we know there were sites that let people submit pre-written letters to the FCC and asked only for some contact info. I am claiming that scenario 1 is plausible and nothing in the article contradicts it.
What we know about Ms. Burney is that, first, she's familiar enough with the rules to have an opinion, and second, she "never wrote that." That's exactly what we'd expect from someone who sent in a pre-written comment.
If you want to argue that comments in scenario 1 count as "fake" comments for some reason, sure, we can discuss that, but first let's settle the claim you made, that these were "bot campaigns." Only in scenario 2 could it have been a "bot campaign."
> Under what definition are you implying that a single message submitted 300k times wasn't a bot but the other ones discussed are?
The definition that 300K real human people clicked a form and provided (or at least were directed to provide, and usually did provide) their own contact information, signing a pre-written message that they agreed with but did not author.
> You think 7 million Americans: A. Know how to use email generator websites B. Decided to all use a particular website C. Sent the same form letter while using said website and D. Happened to choose the same name as 100 other people on average?
Yes.
From the evidence we have, we know there were massive organized campaigns to get large numbers of Americans to submit, of their own agency, pre-written letters from the FCC. So it's not merely that it's theoretically possible, we have strong evidence for B and C, at least.
I'd have to dig up the report to see what happened, but a plausible scenario here for A is that one of these campaigns said something like "Your e-mail address will be public record, you may want to generate a throwaway address," and either it linked to this "fake e-mail generator website" or it was first on Google. In turn, for D, it's also entirely plausible that that website uses a low-entropy random email generator, such that it couldn't generate more than 45,000 email addresses and therefore had collisions.
What's your scenario? That a bot generated all these emails and used a third-party e-mail address generator website (instead of, say, generating its own emails)? Did the third-party e-mail address generator website have an API, or did the bot scrape it 45,000 times, decide that that was enough addresses, and then submit seven million comments?
> He said the FCC received more than 400,000 comments supporting the old rules “from the same address in Russia.”
E-mail address? IP address? Mailing address?
In particular, is your claim that a Russian bot campaign sent a bunch of letters to the FCC identifying itself as from Russia, knowing full well that the FCC takes into account only comments from America? How does that make any sense? I don't have an explanation, but I don't think you do, either, and you don't have enough evidence to call it a "bot campaign."
So sure. It's theoretically possible that all the apparent hints of impropriety are just coincidences and lots of people just forgot what they did and so on. But then that goes both ways. It's not like the evidence is significantly stronger on one side or the other; if you're inclined to explain away everything, you can do so.
If you'd like, read my initial comment as saying something more along the lines of "there's some evidence of massive bot compaigns on both sides", or replace that with a weaker claim if you think none of this counts as evidence.
But motivated skepticism of the evidence on one side only doesn't help.
So: what evidence do you see that there was bot behavior on the anti-NN side that's so much stronger than any of the evidence on the other side? Everything I've seen can be easily explained away by the same standards you're applying.
Here, for instance, is some evidence that meets that standard, from that very same article you love:
> He found a near-constant rate—1,000 every 10 minutes—punctuated by periods of zero comments, as if web robots were turning on and off. He determined many were from hacked accounts.
This pattern is either server-side (e.g., a server-side rate limit and an extremely flaky server) or client-side. If it's server-side, we'd expect to find it independent of the contents of the comment, we'd expect to have stories of people being unable to submit comments, etc. Unless we have those stories, then this pattern is plainly incompatible with actual humans submitting comments, even with the aid of some automation or pre-written letters. That is evidence that these comments were almost certainly not from actual humans.
No similarly strong evidence exists on the pro-net-neutrality side. "A bunch of comments claimed an address from Russia" is certainly suspicious and weird, I agree, but it is not plainly incompatible with humans (if it's IP address, bad geolocation; if it's e-mail address, Russian-run mail provider whose accounts are used by Americans; etc.). I am happy to grant with more detail about what's is meant there - which neither the FCC nor the WSJ has provided to us - there may be strong evidence, but it's not there yet with what you've posted.
If you want to revise your initial complaint to "Friendly reminder that some weak evidence exists in favor of small, isolated bot campaigns on the pro-network neutrality side and very large bot campaigns on the anti-network neutrality side, such that if all suspicious comments were disregarded in proportion to their likely untrustworthiness, the overwhelming weight of public sentiment as measured by this exercise would be firmly on the pro-network-neutrality side," then I have no remaining objection.
A site is set up to collect names for form letters. They don't submit it in real time; instead, they submit it in batches every few minutes.
This is at least as plausible as the various explanations you gave above.
In fact, if you read the linked blog post, they explain that this is how the API worked - you'd upload a CSV and everything would be uploaded in bulk.
And the sizes still don't add up. As mentioned, a single campaign for the pro-NN side had 7 million suspicious comments. That's bigger than any of the alleged bot campaigns on the other side. Overall, there's more suspicious comments for the pro-NN side. Whether the evidence is enough to definitively call them bot campaigns or not, that's still true.
They also haven't given you enough information to know the size of the pro-NN batch they investigated, so we still don't know that it's "massive."
There's thousands of people who said they didn't leave the respective comments. That's enough to be statistically significant and to extrapolate across the whole sample.
There might be selection bias, as only a small percentage of people responded.
The WSJ article is carefully not saying, 32% of people who appear to have left pro-NN comments said they didn't make them. They said 32% of people in this batch did. They didn't say, as far as I can tell, how big the batch is. (Maybe I'm just misreading?)
There's a big difference between "32% of a thousand pro-NN comments are untrustworthy" and "60% of a million anti-NN comments are untrustworthy."
The WSJ, like any MSM outlet, is manipulating you through half-truths. Pay attention.
If you look on the sidebars, they reached thousands of people on both sides that disclaimed the comments left in their name. Given the abysmal response rate, the total size of the batches would have been hundreds of thousands at least for both sides.
>The WSJ, like any MSM outlet, is manipulating you through half-truths. Pay attention.
Look. I agree with you that we should be skeptical of such claims. But you seem to be applying that skepticism only to claims about one side.