E-Mails Show FCC Made Up DDOS Attack To Downplay The 'John Oliver Effect'

from the disinformation-nation dept

You might remember that when HBO comedian John Oliver originally tackled net neutrality on his show in 2014, the FCC website crashed under the load of concerned consumers eager to support the creation of net neutrality rules. When Oliver revisited the topic last May to discuss Trump FCC boss Ajit Pai's myopic plan to kill those same rules, the FCC website crashed under the load a second time. That's not a particular shock; the FCC's website has long been seen as an outdated relic from the wayback times of Netscape, hit counters, and awful MIDI music.

But then something weird happened. In the midst of all the media attention Oliver was receiving for his segment, the FCC issued a statement (pdf) by former FCC Chief Information Officer David Bray, claiming that comprehensive FCC "analysis" indicated that it was a malicious DDoS attack, not angry net neutrality supporters, that brought the agency's website to its knees:

"Beginning on Sunday night at midnight, our analysis reveals that the FCC was subject to multiple distributed denial-of-service attacks (DDos). These were deliberate attempts by external actors to bombard the FCC’s comment system with a high amount of traffic to our commercial cloud host. These actors were not attempting to file comments themselves; rather they made it difficult for legitimate commenters to access and file with the FCC."

But the FCC's claims were seen as suspect by numerous security experts, who say the crash showed none of the usual telltale signs of an actual DDOS. And reports subsequently emerged indicating that the "analysis" the FCC supposedly conducted never actually occurred. When media outlets began noticing that something fishy was going on, the Trump FCC issued a punchy statement accusing the media of being "completely irresponsible." No evidence was ever provided to journalists or lawmakers that pressured the agency for hard data proving the claims.

Fast forward to this week, and new internal FCC e-mails obtained via FOIA request show that yes, the FCC did routinely try to mislead the public and the press with repeated claims of DDOS attacks that never actually happened:

"The FCC has been unwilling or unable to produce any evidence an attack occurred—not to the reporters who’ve requested and even sued over it, and not to U.S. lawmakers who’ve demanded to see it. Instead, the agency conducted a quiet campaign to bolster its cyberattack story with the aid of friendly and easily duped reporters, chiefly by spreading word of an earlier cyberattack that its own security staff say never happened."

The story is worth a read, and highlights how former FCC CIO David Bray and FCC media relations head Mark Wigfield repeatedly fed false information about the nonexistent attack to reporters, then used those (incorrect) stories to further prop up their flimsy claims about the DDOS:

"Bray is not the only FCC official last year to push dubious accounts to reporters. Mark Wigfield, the FCC’s deputy director of media relations, told Politico: “there were similar DDoS attacks back in 2014 right after the Jon Oliver [sic] episode.” According to emails between Bray and FedScoop, the FCC’s Office of Media Relations likewise fed cooked-up details about an unverified cyberattack to the Wall Street Journal.

The Journal apparently swallowed the FCC’s revised history of the incident, reporting that the agency “also revealed that the 2014 show had been followed by DDoS attacks too,” as if it were a fact that had been concealed for several years. After it was published, the Journal’s article, authored by tech reporter John McKinnon, was forwarded by Bray to reporters at other outlets and portrayed as a factual telling of events. Bray also emailed the story to several private citizens who had contacted the FCC with questions and concerns about the comment system’s issues."

The story isn't going to get much mainstream traction thanks to numerous other instances of cultural idiocy we're all currently soaking in, but it's fairly amazing all the same. In short, the FCC appears to have completely concocted a fake DDOS attack in a ham-fisted effort to try and downplay the massive public opposition to its extremely-unpopular policies.

Of course that's pretty standard behavior for an agency that also blocked a law enforcement inquiry into fraud during the public comment period, likely also an effort to downplay massive public opposition to the repeal. It's also pretty standard behavior from a Trump administration that enjoys using bullshit to distract from the fact that countless policies (like repealing net neutrality) run in stark, violent contrast to the admin's "populist" election message.

This isn't likely to be the end of this story, and more details are likely to surface in the looming lawsuits against the FCC attempting to restore net neutrality.

Filed Under: ajit pai, david bray, ddos, fcc, john oliver, lies, net neutrality, public comments

It's Time For The FCC To Actually Listen: The Vast Majority Of FCC Commenters Support Net Neutrality

from the the-will-of-the-@#!$-public dept

The vast majority of consumers (from both parties) support net neutrality. This has been supported repeatedly not only by independent polls, but even the cable industry's own surveys.

Yet for most of the last decade, ISP lobbyists and think tankers have managed to frame the subject in the media as a partisan one -- quite successfully using the country's deep political divisions to fuel disagreement and stall real progress. In reality, our collective disdain for growing monopolies like Comcast (and the high prices and abysmal customer service that result) tends to burn through partisan myopia. As a result, most people realize that in the absence of real competition you need some basic rules of the road to protect consumers and Comcast competitors alike.

That's why, when the FCC passed relatively basic net neutrality protections in 2015, the vast majority of the record 4 million public comments filed with the FCC supported the creation of these rules. And again, data analysis of the comments filed so far show massive opposition to dismantling those same rules. Data scientist Jeffrey Fossett managed to dig through the more than 1.5 million comments filed with the FCC so far and found that -- once you exclude form letter submissions (in common use by both sides), 97% of the remaining comments support keeping the rules intact:

We recently discussed how some unidentified group or individual isn't happy with the fact that the rules have broad support, and has begun using a bot to stuff the comment section with entirely fake net neutrality opposition. According to Fossett's analysis, a whopping 40% of the 1.5 million comments are courtesy of this bot, which appears to just have pulled names from a hacked database somewhere to craft its phony opposition. You can leave it up to your imagination as to which groups, companies or individuals might benefit by such a massive fabrication, but Fossett makes the impact obvious:

At the moment, the FCC has frozen all public comments for what's known as a "sunshine period," a bit of bureaucratic prattle during which the FCC is supposed to avoid being lobbied and seriously reflect upon all of the input they've received so far. And Fossett suggests that the FCC may just want to actually listen to what the public (the non-bots among us, anyway) are telling them:

"The FCC has now entered a “Sunshine” period for docket 17-108, during which it will not consider new comments. Given the magnitude of filings (~695,000 if you exclude the anti-NN spam) and the balance of opinion expressed (97% in favor of net neutrality or 59% if you include the spam), this analysis suggests that the FCC should reconsider its position on net neutrality during this period of reflection."

While FCC boss Ajit Pai has breathlessly claimed he'll be reflecting very deeply on the public's input, there's every indication he intends to ignore the public and push forward with dismantling the rules anyway. In fact, instead of seriously contemplating the public's support for the rules, the FCC spent a large amount of the sunshine period trying to portray net neutrality supporters as unhinged, unreasonable and racist. And when the FCC votes on Thursday to begin rolling back the rules (with a final killing vote likely later this year), you can be damn sure that Pai will lecture everyone on how he's gutting oversight of some of the least competitive and least liked companies in America -- for the immense benefit of the American people.

Filed Under: ajit pai, fcc, net neutrality, public comments, title ii