Since the story broke about the NSA domestic spying practices, debate among concerned citizens has revolved around the Big Brother surveillance model. Most of us shudder at the thought of our federal agencies from DC watching, noting, and recording our actions. However, there is another type of Internet surveillance that largely escapes notice and likewise threatens our liberty. 

Both types of surveillance are perversely encouraged by a poorly regularly market that allows big corporations to profit from violating our privacy.

We have long known that our online habits are being recorded and combined with other personal data that allows companies to show us personalized ads. But Free Press recently offering a compelling explanation for how this model can harm us. From the Dana Floberg article:

And about those “personalized ads” — this isn’t about Facebook learning you prefer Coke over Pepsi. This is about corporations targeting us where we’re vulnerable. This is about your Latina neighbor who sees ads for risky high-interest credit cards. This is about your cousin who just got laid off and now sees ad after ad selling him dangerous fast-cash offers and subprime mortgages. This is about your friend who lives in a rougher part of town and sees higher prices whenever he shops online. This is about all of us.

These ads aren’t personalized — they’re predatory.

Floberg goes on to describe how shopping sites alter prices based on income and location so more affluent shoppers can access better prices and coupons. These sites both use and reinforce stereotypes as they take advantage of the most vulnerable in our society.

Without laws to protect consumers, there is little we can do to stop this predatory behavior. Just as the market encourages corporations to violate our privacy to sell its goods, big corporations are also profiting in their work with law enforcement at all levels.

An AP article by Anne Flaherty notes that AT&T charges $325 to activate a wiretap and $10 per day to maintain it. Verizon charges the government $775 for the first month and $500 per month after that to continue it. It is hard to believe these charges are in line with actual costs. 

The community of Shafter enjoys savings, better public safety, and more educational opportunities with the municipal fiber network that we wrote about two weeks ago and discussed in last week's podcast. In 2006, Shafter spent $200,000 on its I-Net to serve local schools and government in the core of the downtown area. While the community had originally planned to build a FTTH network, the tumultuous economy dictated otherwise and the community adjusted its course.

The community is now expanding infrastructure to several areas closer to the edge of town in order to serve local business. With next-generation fiber infrastructure in place, Shafter expects to attract several providers interested in serving businesses over its open access network. Completion is scheduled for the fall of 2013.

A 25 mile fiber backbone ring is now under construction and will loop to two industrial areas near the edge of town. Both complexes sit very close to the two main railroad lines that run through the town and provide easy access to transport. In addition to the larger loop, one of the industrial areas, will contain a 10 gigabit ring and the city will light two separate commercial rings to provide 1 gigabit service. This phase of Shafter's project will cost $1.5 million and required equipment will cost another $600,000. The network is underground, with 99% in city road rights-of-way. The entire path travels through greenfield areas so there is almost no infrastructure to avoid or remediate. General fund dollars, rather than bonding, borrowing, or grants paid for the entire open access network.

We learned from IT Director Scott Hurlbert that oilfield services company, Baker Hughes, invested $70 million to build a campus in Shafter. AT&T serves the company now with copper lines but "they don't like it," says Hurlbert. A 2.1 million square feet Target distribution center sits nearby waiting to switch to the Shafter fiber network.

In the 1990s, the community of Shafter, California, began developing its strategic plan; the move would eventually lead them to build a municipal broadband network. The town of 17,000 still depended primarily on agriculture but manufacturers were relocating to the community, drawn by its proximity to the railroad and its open space. Potential employers increasingly focused on broadband access as a priority and Shafter realized broadband would be critical to continued growth.

Shafter’s Assistant City Manager Scott Hurlbert recently explained to us how the community built its own fiber network to serve commercial clients, local government, and schools. This incremental approach is not unique but Shafter has no municipal electric nor gas utility, which does puts it in the company of Santa Monica, Mount Vernon, and a few other communities that have built networks without having a municipal power company.

Shafter’s City Council examined its strengths and its weaknesses and found a way to build a network with no borrowing or bonding. The community continues to expand its fiber network, attracting businesses and improving quality of life in this central California town.

In the 1990s AT&T was the main business services provider and it would only improve business telecommunications on an order-by-order basis. Companies that wanted to build beyond the developed town had to pay for the installation themselves, often waiting months to get connected. Prices were "obscene" and the delays almost killed several commercial deals. Even today AT&T takes the same approach in Shafter.

When he joined the City in 2005 as the IT Director, Hurlbert and his staff researched wireless technologies but determined that fiber-optic deployment would be the best option. At that time, the bandwidth demand was already intense and a wireless network would need fiber for backhaul. Hurlbert and staff also investigated other communities, including Chelan, Washington, to look for workable models.

The University of Wisconsin recently withdrew from its contract with WiscNet, threatening the future of the network. Stop the Cap! reports the University bowed under pressure from Republican lawmakers and threats of litigation from the likes of AT&T, CenturyLink, and the Wisconsin State Telecom Association (WSTA). Costly litigation could interrupt UW's research and educational work and UW must consider its relationship with the legislature and the future of state funding.

Once again Republican legislators chose the powerful telecom lobby over taxpayers. WiscNet is a buyer coop that allows schools and libraries to keep their telecom costs lower by working together. Weakening WiscNet means the schools and libraries may have to pay higher fees just to maintain the same level of service. 

The telecom industry makes generous contributions to most Wisconsin lawmakers, but Republicans in particular have been enthusiastic about knee-capping any perceived threat to AT&T's monopoly in much of the state. With WiscNet in the cross hairs, ALEC legislators in Wisconsin can expect renewed campaign support. Senator Paul Farrow and Representative Dean Knudson, spearheading efforts to dismantle WiscNet, receive sizeable donations from WSTA, CenturyLink and TDS Telecom.

If WiscNet cannot recover from the loss of UW, local taxpayers will be the ultimate losers as they have to pay more to keep essential institutions connected. WiscNet provides economical broadband service to members all across the state and ample evidence suggest higher rates accompany private service. From the Stop the Cap! article:

Overall, 79 percent of households would have to pay $3,000 apiece to fully fund FTTP construction costs.

Knoxville Metro Pulse reporter Paige Hunton published a story last month about a common complaint from downtown residents and businesses - "Downtown Knoxville's Internet Access Kinda Sucks. Can It Be Fixed?" The problem worked its way from local talk to twitter and city leaders have met with residents and business owners to publicly discuss options.

This is a perfect example of what happens to a community that refuses to take responsibility for ensuring local businesses and residents have access to the essential infrastructure they need. Knoxville's approach to improving its Internet access is akin to crossing one's fingers and hoping really hard for the best.

Hunton' describes modern day disaster in the downtown area comprised of an inconsistent patchwork of AT&T DSL, Comcast, and a very limited amount of private provider fiber optics. Some areas have no access, others have no choices. While the city tries to encourage downtown commerce with tax credits for developers and a new entrepreneur center critical high-speed connections are missing.

City officials say the downtown area has a limited amount of aging conduit, discouraging private providers and cost prohibitive to expand. Likewise, old buildings with substandard internal wiring discourage investment from private companies.

Hunton tells the story of Ian Blackburn, a former colleague that now works for a downtown employer impacted by the lack of high-speed broadband downtown. After outgrowing its T1, the company went with 6 Mbps through AT&T DSL. AC Entertainment soon outgrew DSL:

"On one occasion in our DSL days, we had to download a video spot from an artist management site, make a few edits, burn it to disc, and get it to FedEx that day. The browser was estimating over an hour remaining for the download, which would miss the FedEx cutoff point. I remotely logged into a server in my living room, started the download, jumped on my bike, pedaled home, burned the file to a DVD, and was back in the office inside of 20 minutes,” he says. “The problem got solved, but that’s a ridiculous way for a company to have to operate. You can’t do business if you can outrun your Internet on a bicycle.”

Victims of Sandy are still recovering from the killer storm that ripped through the east coast last year. Two places hardest hit by the "Frankenstorm" were Fire Island, New York and the Barrier Island in New Jersey. In addition to homes and property, residents lost phone and Internet communications when telephone wires went down. They are still waiting to be reconnected.

Our readers know about the huge fight that has embroiled consumer advocates and the leading telephone providers in the past few years. AT&T and Verizon seek deregulation to escape the "carrier of last resort" obligation that requires maintenance of traditional copper lines for telephone service. AT&T and Verizon want to shed that responsibility in favor of wireless service that is less expensive to maintain, even though it does not support the range of uses today's copper networks do. 

Verizon is the incumbent telephone provider in Fire Island and Barrier Island but decided it will not repair damaged lines. It wants to instead deploy its inferior Voice Link wireless service on the island.

The Voice Link technology basically attaches to your house and uses Verizon's cellular network to connect the telephones in your home. Homeowners can continue to use their home phones, but the quality tends to be worse than on a proper wired telephone network. 

Under federal law,  telephone providers are obligated to replace or repair downed copper lines unless they substitute with a "line improvement," such as fiber-optic lines. Voice Link cannot be described as a "line improvement" - the only benefit it provides is that it costs Verizon less to build and maintain. 

StopTheCap! reports there are three bills in the Connecticut General Assembly that, if passed, will leave little or no protections for customers of plain old telephone service who encounter difficulties with service. AT&T and ALEC back these bills for the third year in a row.

Such bills are not new to our readers who often see our reports on large corporate providers that use state legislators as vehicles to shed regulations. Phil Dampier from StopThe Cap! summarizes all three bills:

HB 6401: House Bill 6401 strips the Public Utilities Review Authority (PURA) of their ability to regulate Voice Over Internet Protocol (VoIP) telephone services. An emerging market, this bill creates deregulation for the sake of deregulation.

HB 6402: House Bill 6402 eliminates the right of regulators to oversee AT&T to make sure it has some form of accountability to the public. The section on annual audits has been gutted, making it impossible to protect the public from rate-fixing. More importantly, it includes a provision to allow AT&T to end service to any customer it wants upon 30 days’ written notice. [PDF of the Nonpartisan Bill Summary available from the Connecticut General Assembly]

SB 888: Senate Bill 888 has an ALEC-drafted provision that allows cell phone towers to be built on public lands on a presumption that the will of telecommunications companies is in the interest of the public good.

Yet the challenge remains: monopolies have a high instinct for self-preservation. And more than half a dozen states have passed legislation limiting municipalities from building public broadband networks in competition with private businesses. South Carolina passed its version last year. A similar bill narrowly failed in Georgia. Supporting these bills, of course, are the nation’s cable and telephone companies.

According to the F.C.C.’s latest calculation, under one-third of American homes are in areas where at least two wireline companies offer broadband speeds of 10 Mbps or higher.

Earlier this year we reported on SB 88 in the Kentucky legislature. The bill, sponsored by Republican Senator Paul Hornback and authored by AT&T, would have eliminated the "carrier of last resort" requirement and reduced consumer protections. A similar bill in 2011 was also defeated by a coalition of public interest groups.

This is one of a series of bills crafted by AT&T and ALEC that has been explained in great depth by the National Regulatory Research Institute in their 2012 review [pdf] as well as by Bruce Kushnick in this report [pdf].

Advocates on the side of consumers, including ILSR, were happy to see the bill defeated in the House. Though AT&T will undoubtedly be back again in future years, this victory shows the massive corporate carriers are vulnerable. In addition to blocking harmful deregulation, this is an example of how an organized coalition can protect the public interest.

I spoke with Mimi Pickering, Director of the Appalshop Community Media Initiative in Whitesburg, Kentucky. She described how local groups defeated the bill with the facts. Appalshop teamed up with nonprofit Kentucky Resources Council (KRC), AARP Kentucky, the AFL-CIO, Kentuckians for the Commonwealth, and several other groups. The coalition explained the complexities of the proposal and spelled out what could happen to landline service without consumer protections.