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tv   The Communicators  CSPAN  June 2, 2012 6:30pm-7:00pm EDT

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only as a friendly man, which he was to everybody, but there was another side of him that wanted to be the best. he was obsess with ratings every night. he was probably the fiercest competitor i had ever written about, and i have written about presidents and generals. cronkite's desire to be the best was very pronounced. >> best-selling author douglas brinkley on his new biography of longtime cbs news anchor walter cronkite sunday at 8:00 eastern and pacific on c-span. >> cassette and the communicator's" coverage from boston continues this week -- " the communicator's" coverage from boston continues this week. we want to introduce you to one of the federal trade commission's new commissioners. she is a republican member of the five-member commission.
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you have been on the board for about a month now, on the commission for about a month. what has your experience been like. >> it has been very positive, as i mentioned. i had been here for 12 years previously. in a way, it is a big homecoming. of course, playing the role of the commissioner, so i have enjoyed reconnecting with people i have known, worked with in the past, but also getting briefed on all the news, activities some cases, investigations undertaken. my last position before i left is i was head of the office of policy and planning. >> how did you get started >> i was very -- >> i had professors who were very inspiring to me. when i graduated, i was
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fortunate enough -- i got the opportunity to work at the general counsel's office. i made the leap over. >> we are catching up with you at the annual cable show in boston. why are you here? >> i am up here because i think there is a lot going on that the sec should pay attention to in the communications and media space. when i was head of the office of policy planning, i headed up the internet access task force. we look at issues involve an internet access and new technologies, so definitely cable plays an important role in that. >> what are some of those issues that you are personally concerned with, or that the at -- the fcc is looking at?
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>> privacy is a big issue for us and for consumers these days. we always look at kind of the bread and butter issues of advertising, competitive issues. there is a big amount of convergence going on across platforms. we really need to understand the company and what is happening in the industry's. >> when it comes to convergence, are there some concerns to you -- you have personal concerns about some of the industry's overlapping? >> not so much concerns. i think there is great potential to increase competition for consumers' when you start having previously separate industries competing. broadband providers, voice providers -- one issue that adds complication is that we have a common carrier extensions.
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for industries that have a carrier, that can create a bit of an issue for us to be able to address. basically, we have been able to get into a lot of areas with privacy and advertising. >> very quickly, define common carrier. >> this is -- this would include airlines and railroads. it is an industry that has to serve all comers. cable service and broadband service have not been defined as common carriers. but when cable starts to compete with traditional voice carrier services, that can treat a few kind of complications that we need to look at. >> have there been efforts to make broadband a common carrier? >> that is up to the sec for the most part. that is their decision -- they
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basically said they were not going to classify broadband as a common carrier. >> where does the ftc intersect with the fcc? >> they work together on a number of issues. they work on privacy issues. telemarketing issues -- the do not call list. any issues involving advertising, billing issues. the ftc can not reach a common carrier, but they can reach somebody else who may be involved in cramming on charges. >> you mentioned privacy a couple of times. you are the lead agency when it
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comes to privacy. a recent report came out to the ftc -- from the ftc -- did you sign off on it? >> that was issued before i came on the commission. i think that the ftc is primarily an enforcement agency. they've had many good cases in the consumer privacy area. they have reached settlements with google and facebook about some of the privacy promises they made to consumers. the report mentions the need for more thinking in the area of consumer privacy. the report also made a recommendation. i did not sign onto that. that is an area i would like to explore more fully before i make a similar recommendation. >> you did not sign on because of the newness of your position, or because you disagree? >> a little bit of both.
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i feel the need -- while i , iport the ftc's enforcement feel the need to educate myself a little more fully on what are some of the harm is occurring in the market that the ftc cannot reach right now. how broad privacy legislation should be -- also, the ftc is a competition agency. we need to look at some of the competitive effects if there is new legislation that might have an impact on the ability of competitors to reach consumers, use information in a way to innovate. >> what about do not track? when it comes to on-line issues? we all know about the wireline issues, what about when it comes
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to sell phones and online? where is the ftc on that issue? >> we are looking at that issue. we have been very supportive of some of the self-regulatory efforts underway. there is sort of a technology- based effort being undertaken. i have been meeting with some of the members of that working group. we have lined out what the status of that is. there is also a large program under way. those are developments i need to educate myself on -- where things are, what progress has been made. the f t c a recommended -- and the ftc recommended. >> one of the tenets of that report is that companies should make privacy be default. do you agree with that? >>-- or that do not track should
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be the default. >> is more nuanced than that. one of the tenets is that companies should include privacy by design. they should think about the privacy implications right at the beginning. i think that is best practice for companies to undertake. if they're collecting information they do not need or storing it in a way that is not secure, that is something they need to pay attention to. consumers do care about privacy. it would be better if privacy were considered as one of the principals from the beginning. that is something the report had. as to whether do not track is opt-in or opt-out, that depends on consumer preferences. most consumers do not want to be tracked, or do not care, or want the option when doing certain activities -- that is one of the things i would like to find out
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more myself. >> what issues are on the horizon for the ftc that we have not talked about? >> the ftc -- he mentioned they are in on privacy. one of the things we did in the 1990's as the internet became a consumer experience, the ftc got out ahead and take a lot of attention to privacy. what we have seen now is that so much internet access has moved to the handset, to consumers accessing it over their smartphones. that creates new challenges for disclosure, what kinds of information is collected, location information, things like that. the ftc needs to understand the challenges that consumers are facing. the ftc is doing some workshops
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and paying attention to those issues. it is very important today. >> should there be different standards for wire broadband and wireless broadband? >> it depends of what you mean by different standards. challenge for disclosure on handsets -- beasts -- from has a small screen. -- the phone has a small screen. there may be different ways to inform consumers in that environment. what kind of information does the consumer need to make an informed choice? if technology is different, if the consumer experience is different, that might suggesting should be somewhat different. i do not think -- generally, you have to create a different set of standards. >> most people are not lawyers.
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you are. do you read the user agreements, do you read those? >> it depends. i used female. i have read it -- i used gmai l. i did read the privacy settings for my facebook page. for other things, i cannot say that when i go on another well- known website. i will not check out the privacy policy that closely because i am not particularly concerned about the information i am providing them and how it could be used. >> do you think there should be an effort to simplify those agreements so that non-lawyers can understand them? >> i think that would be a good goal. the need to strike a balance between simplicity verses --
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versus some people really care about details. consumers pay close attention to every twist and turn -- one of the things that the ftc has suggested is a layered approach. we have high level issues right at top. the bullet points. then you can link into a more in-depth perspectives of the nuts and bolts. >> but that is not something the ftc should require? >> that is yet to be determined. this really goes all back to what harm consumers experience. if consumers are being harmed, the ftc would need to look more quickly at that. a lot of information, financial information, medical information, all that already has some protection.
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we would have to see if additional protection would be necessary. >> speaking of medical information. the use of medical records on line -- is that something that you are working on index --? >> we looked a few years ago while i was there. you have hipa, that extends to a lot of medical information. you have consumers uploading their medical information so it can be easily transferred. it turned out that the ftc was going to be the main regulation there. this has changed as people pay more attention to that issue. >> one of two republican
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commissioners. there are three democrats currently. what is the comedy level on the commission? >> most of the work we do is unanimous. there is a reason that it is not odd-member commission. that is to -- we respect each other's views. we have open and frank discussions among policy-makers. i think it is very functional and bipartisan. >> when we talk about members of the federal communications commission, we talked a bit about the sunshine law. are you allowed to meet with more than one commissioner? >> we have the same requirements.
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that can create a little -- it is hard to have the discussion if you can only talk to one person at a time. but we use attorney advisors to talk to the other offices. in some ways, that treats a little game of telephone. a message can get distorted. we do occasionally have meetings were all the commissioners get together to talk. it is on the record. that is a way the weekend address that. -- that is a way that we can address that. >> one of two republican commissioners on the federal trade commission, joining us here at the cable show in boston. and thank you. >> thank you so much. >> we've are joined by another member of the federal trade commissioner. this is one of five commissioners, a democrat.
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start by giving us a synopsis of your biography. how did you end up at the ftc? >> it is great to be here. thanks for having me. i have been on the commission for two years. i was appointed by president obama and the senate. for about 20 years prior to coming to the federal trade commission, i was a regulator at state law enforcement for a state attorney general. first i worked for over 20 years at the vermont attorney general's office. then i worked for 14 months at the vermont -- north carolina attorney general's office. in most states i focused on consumer protection. that is exactly what i get to do at the ftc. i get to focus on the law enforcement issues that we did but now i get to
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do it on a national level. >> what brings you to the cable show? >> the cable show is one example of a form where an industry actively engaged in innovation -- i mean, really pushing the forefront of innovation -- comes together and shows their stuff. they are here to show off. i am here to see all of those wonderful ways in which the industry is innovating to bring consumers new products and services. we begin to think about what issues any of these products and services might raise from our perspective -- both with respect to consumer protection and with respect to consult -- competition issues. >> are there any issues raised in your mind as you wander the floor? >> one of the biggest issues that we see is how everyone is
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moving to the internet. everybody will be offering their services -- they are all moving to what would be a very powerful platform, a plot from consumers will really be able to access with any mechanism that they are using, with any device they are using. what it says to me is that many of these large providers, whether you are talking about a cable company or a social networking, we do a lot with respect to social media -- they are all involved in providing broad services to consumers. lots of information going out to consumers. there also able to potentially collect a lot of information about consumers. i think that we need to -- as
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law enforcement commack and as anti focusing on competition -- -- and as an entity focusing on competition -- we need to think about the competition they are engaging with each other and what it might mean for consumers. what information they are given to consumers about collecting and using personal information to show advertisements and things like that. a lot of issues come up. >> there were two issues -- convergence and privacy. if we could start with convergence. the current spectrum deal, something the ftc does not deal with -- there is a current spectrum deal between cable companies and verizon. it is that a competition convergence issue that concerns you? >> it is something -- there are
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lots of folks in washington thinking about that. i am not thinking about that specific spectrum issue. it could raise competition issues that we might want to look at. i am thinking about, really, the large platform providers and how they affect consumers in terms of privacy issues. what it means for consumers to have all these different players who are converging to a business model that says we will use consumer information to provide services, to help fund the services they are providing, but we will be marketing to them based on their information. what does that mean? that is the convergence i am looking at in terms of a consumer perspective -- how are consumers being treated from -- by these entities? >> commissioner julie brill of
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the ftc. what is the status with the google privacy issue? >> we are in -- with respect to google, we have finalized the order that came out of google's efforts -- its first social and the effort involving the google buys. -- google buzz. google took consumer information and populated this social media with their information. a lot of private information came out of that. most frequent e-mail contacts -- a potential employer may have been involved, a patient and a doctor. all kinds of privacy concerns. we put google under an order that provides them -- requires them to create a privacy program
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that would cover that and to all of google's activities and services. youtube, everything. they have to have a comprehensive privacy program. there will be audited for the next 20 years so that an outside entity will be looking at a comprehensive privacy program. that is the status right now of what is being done with respect to on privacy -- to google on privacy. we're always looking at issues with respect to google. to use -- >> do you see the google settlement as a model? >> yes. in fact, facebook -- we have proposed a consent order with facebook about some of the changes it made in 2009 and how it was using consumer
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information. they picked up on a lot of the provisions in the google order. for instance, they too would have a required privacy program that covers all their services subject to audits for 20 years. that order is still proposed. it has not been finalized yet. >> self-regulation is a term we have heard around here. a couple of other industry people have used it. what is your view? >> i think self-regulation can be very helpful. self-regulation is a tool that can be much more responsive to changes in the marketplace in a quicker way than regulation can be. we at the federal trade commission have actually urged
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certain segments of industries to engage in very robust self- regulatory efforts. for instance, do not track -- right now, it is a self- regulatory model. we have been pushing industries to give consumers tools so they can make choices about how other information will be used as they are travelling across different websites, across different services on the internet. that is a model. the self-regulatory model can be very powerful. one thing that i look for in any self-regulation context is whether or not it is robust. is it providing good protections to consumers? is there an enforcement mechanism? if the company will abide by a self-regulatory mechanism and are not doing so, what is the consequence? will we be able to take action at the federal trade commission? that makes it more look more
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robust. >> are you in a -- working with congress? >> it is not only our work on privacy. administration has always -- also raised the level of the discussion. the obama administration has come up with a privacy report as well. i think that yes, absolutely, congress is very interested in the work we are doing. there are many members of congress who have been long interested in privacy issues and how consumers are treated online. with respect to all the services collecting information. i think it would appreciate -- the congressional members involved in this appreciate the work we are doing. >> wireless and wireline regulations -- should they be the same?
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>> at the federal trade commission, we take the view that we need to be technology neutral. we need to look at things from a consumer impact perspective. to be told that, for instance, wireless and wireline -- or landline are allowing third parties to build. the problem with cramming. everybody probably knows about this. that is a problem where consumers find services on their freundel -- phone bill that they may be ordered or had a discussion about or maybe even never heard about. that is an inappropriate billing mechanism called cramming. that can occur both on your land line bill and on your wireless bill. that kind of consumer impact needs to be dealt with in a
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technology neutral way, whether it is happening on a land line or in a wireless space. >> this is "the communicators" on c-span. we have been talking with julie brill. we are on location at the 2012 cable show in boston. as for two members of the federal trade commission. our coverage continues next week. if you'd like to view any of "the communicators," you can go online to c- span.org/communicators. >> tomorrow, mark murray of nbc news will speak about tuesday's wisconsin recall election between scott walker and thomas barrett. then, one commentator from george washington university
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will talk about your's debt crisis. then, an update on that the situation in syria and whether or not anything can be done to prevent further massacres. "washington journal," live sunday at 7:00 on c-span. tomorrow on "newsmakers," and sec overseer will speak about his efforts to prevent another wall street crisis and prevent word -- fraud schemes like that of bernie madoff. "newsmakers" ayers sunday on c- span. >> writing is a transactional process. it goes

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