Policy Blog

Data Foundry is actively supporting two state bills this session (SB 2093 and companion bill HB 3453) that require law enforcement to obtain a warrant to get historical location data and communication records from service providers. The bills also require law enforcement to obtain a warrant to use cell site simulators or IMSI catchers. These devices are informally known as StingRays. They mimic cell towers, forcing all mobile devices within range to connect to them. Through these devices, law enforcement can obtain location data on individuals carrying devices within range. StingRays can also be used to conduct man-in-the-middle attacks and intercept communications. These devices have been used by police departments for over a decade now, and they are largely unregulated.

The Texas Legislature meets every odd-numbered year in the city of our headquarters – Austin. We are excited to track technology policy development in the 2019 session. We hope to see several bills pass that move our state forward in terms of keeping policy up to speed with innovation. This year we are particularly focused on bills submitted in the areas of stingray technology, drone surveillance and cybersecurity.

In this op-ed from the Austin Business Journal, Data Foundry co-founder Ron Yokubaitis and policy analyst Natalie Parra-Novosad discuss the benefits of Open Access and an Open Internet and call on all carrier-neutral data center companies to join the fight for an Open Internet:

Friday night Data Foundry held its annual Take Back Your Internet party and panel along with sister companies Golden Frog and Giganews at the Texas Public Policy Foundation in downtown Austin. Data Foundry and our sister companies are committed to online privacy and an open Internet. We hold this event every year at the start of SXSW to band together with fellow tech entrepreneurs and public policy experts to debate the current state of the Internet and what can be done to make it more open and equal. This year FCC Commissioner Mignon Clyburn paid a surprise visit and made an introduction before the panel discussion began. In addition to participating in the discussion, attendees enjoyed drinks, hors d’oeuvres and BBQ tacos in true Austin fashion. Our 2018 panelists included:

Data Foundry executives toured FCC Commissioner Mignon Clyburn through their newest state of the art data center, Texas 2, located on their 40-acre Data Ranch in Austin yesterday afternoon. Data Foundry has always made it a top priority to operate carrier-neutral data centers, ensuring customers have a variety of network carriers to choose from. This open access environment results in a competitive marketplace of carriers within our data centers, giving companies some leverage to negotiate with network providers to meet their business needs.

Yesterday, representatives from Data Foundry and our sister company, Golden Frog, met with Congressman Lloyd Doggett over some delicious Texas BBQ to discuss the FCC’s recent repeal of Net Neutrality rules and how Open Access could be the solution. Equal Internet access and the protection of our digital privacy should be bipartisan issues, and Representative Doggett agreed. We also discussed digital surveillance in the U.S. and abroad.

What if Google, Facebook, Twitter and others were legally responsible for policing your communications and content? These companies have enabled the average person to do something that was once very difficult for those with limited resources — engage in public discourse and contribute to a global marketplace of ideas. Now these companies could be required by law to monitor and police their networks. If Congress passes SENSA, the Stop Enabling Sex Traffickers Act (S. 1693), or the Allow States and Victims to Fight Online Sex Trafficking Act (H.R. 1865), online providers will be forced to monitor and control your content.

Last week, CTO Philip Molter from our sister company, Golden Frog (an Internet security solutions provider and a leader in the VPN market) and our Government Affairs Manager, Carlos Espinosa, participated in a panel discussion on data privacy for the Texas Innovation and Technology Caucus (IT Caucus) at the state capitol. They were joined by legal privacy experts Elizabeth Rogers and Aaron Gregg of the global law firm Greenberg Traurig.

The Texas legislature is no stranger to high drama and great political theater. This session was no exception. But don’t just move on to planning for the next session or focus on other political fights. Hidden between the bathroom controversy and sanctuary city legislation were bills that had a direct impact on the overall tech sector. You might want to know how Texas handled technology policy this year.

As a long-time supporter of an open Internet, Data Foundry will join forces with many other technology companies on the local and national levels to stop the FCC from doing away with the current Open Internet Order. The official Battle for the Net day of protest is July 12. However, Data Foundry is taking many additional courses of action to see to it that major cable companies don’t limit our choices more than they are already limited. Yesterday we signed a letter to the FCC to show our support of smaller Internet Service Providers in their ongoing struggle with cable giants.