The Federal Communications Commission admitted Monday that the agency got it wrong when it claimed its comment system fell victim to a distributed denial-of-service attack during the public debate about “net neutrality” Internet regulations.
Following an investigation by the Office of the Inspector General, FCC Chairman Ajit Pai said he was “deeply disappointed that the FCC’s former Chief Information Officer (CIO), who was hired by the prior Administration and is no longer with the Commission, provided inaccurate information about this incident to me, my office, Congress, and the American people,” noting that the behavior was “completely unacceptable.”
After millions of comments were submitted, the FCC voted along party lines in December to kill the net neutrality rules, which sought to ensure Internet service providers treat all web content equally. The repeal went into effect in June.
The alleged DDoS attack was said to have occurred when the FCC’s public comment filing system crashed in May 2017 after HBO late night host John Oliver called on net neutrality supporters to inundate the site with comments to save the Obama-era rules. FCC officials first attributed the site’s crash to several DDoS attack, but the agency saw a wave of backlash from skeptics arguing the attack explanation was a guise to undercut the wave of support net neutrality got in the comments.
In his statement Monday, Pai rejected claims he knew the former CIO, which Engadget identified as David Bray, had provided him with inaccurate information.
“I’m pleased that this report debunks the conspiracy theory that my office or I had any knowledge that the information provided by the former CIO was inaccurate and was allowing that inaccurate information to be disseminated for political purposes,” Pai said in a statement.
“Indeed, as the report documents, on the morning of May 8, it was the former CIO who informed my office that ‘some external folks attempted to send high traffic in an attempt to tie-up the server from responding to others, which unfortunately makes it appear unavailable to everyone attempting to get through the queue,’” Pai added.
Pai’s explanation wasn’t well-received by some net neutrality advocates, including Fight for the Future, a group that claims to be “dedicated to protecting and expanding the Internet’s transformative power,” per the group’s website.
“Under Ajit Pai’s leadership, the FCC sabotaged its own public comment process,” Fight for the Future Deputy Director Evan Greer said in a statement Monday. “From ignoring millions of fraudulent comments using stolen names and addresses to outright lies about DDoS attacks that never happened, the agency recklessly abdicated its responsibility to maintain a functional way for the public to be heard.”
Greer also called on Congress to approve a resolution introduced through the Congressional Review Act which would reverse the repeal of net neutrality.
“Pai attempts to blame his staff, but this happened on his watch, and he repeatedly obstructed attempts by lawmakers and the press to get answers,” Greer added. “The repeal of net neutrality was not only unpopular, it was illegitimate. Congress must act now to pass the CRA resolution to reverse this decision and restore basic protections for Internet freedom.”
