[Notice] FCC Announcement of Members on Open Internet Advisory Committee

DA 12-829 Released:  May 25, 2012

 

ANNOUNCEMENT OF MEMBERS ON

OPEN INTERNET ADVISORY COMMITTEE

GN Docket No. 09-191, WC Docket No. 07-52

By this Public Notice, FCC Chairman Julius Genachowski announces the composition of the Open Internet Advisory Committee (OIAC).  The OIAC's members include representatives from community organizations, equipment manufacturers, content and application providers, venture capital firms, startups, Internet service providers, and Internet governance organizations, as well as professors in law, computer science, and economics.

 

            The OIAC is a Federal Advisory Committee.  Called for by the Commission in the Open Internet Order, its mission is to track and evaluate the effects of the FCC's Open Internet rules,[1] and to provide any recommendations it deems appropriate to the FCC regarding policies and practices related to preserving the open Internet.  The OIAC will observe market developments regarding the freedom and openness of the Internet and will focus in particular on issues addressed in the FCC's Open Internet rules, such as transparency, reasonable network management practices, differences in treatment of fixed and mobile broadband services, specialized services, and technical standards.[2]

            Since the Open Internet Order was adopted in 2010, the broadband economy has flourished.  In 2011, investment in wired and wireless network infrastructure rose 24 percent.[3]  The United States now leads the world in 4G wireless service adoption.[4]  There has been a dramatic increase over the past few years in the deployment of fixed broadband networks capable of very high speeds—100 Mbps—from being available in less than 20 percent of U.S. homes in 2009 to approximately 80 percent today.[5]  In 2011, Internet-specific companies attracted nearly $7 billion in venture capital funding, a 68 percent increase in dollars and 24 percent increase in deals from 2010.[6]  The "app economy" that has grown around applications for Internet-based smart phones and other wireless devices has also thrived.  This market barely existed in 2009, yet it now accounts for nearly half a million U.S. jobs.[7]  The OIAC will track these trends in our broadband economy and make recommendations for how the FCC's policies and practices can best support this tremendous innovation and growth.

            Jonathan Zittrain, Professor of Law at Harvard Law School and Harvard Kennedy School, Professor of Computer Science at the Harvard School of Engineering and Applied Sciences, and Co-Founder of the Berkman Center for Internet and Society, will serve as Chair of the OIAC.  David Clark, Senior Research Scientist at the MIT Computer Science and Artificial Intelligence Laboratory, will serve as Vice Chair.  Henning Schulzrinne, Chief Technologist of the FCC, and Daniel Kirschner, Counselor to the General Counsel, will work with the OIAC Chair and Vice Chair in developing the work program.  Daniel Kirschner will serve as Designated Federal Officer; Deborah Broderson, Legal Advisor, Consumer and Governmental Affairs Bureau, will also serve as liaison to the OIAC.

The OIAC will announce its first meeting this summer.  The public will be invited to attend.

The full membership for the OIAC is as follows:

Chair

Jonathan Zittrain, Professor of Law and Computer Science and Co-Founder of the Berkman Center for Internet and Society, Harvard University

Vice Chair

David Clark, Senior Research Scientist, Massachusetts Institute of Technology Computer Science and Artificial Intelligence Laboratory

Members of the Open Internet Advisory Committee

Harvey Anderson, Vice President of Business Affairs & General Counsel, Mozilla

Brad Burnham, Founding Partner, Union Square Ventures

Alissa Cooper, Chief Computer Scientist, Center for Democracy & Technology

Leslie Daigle, Chief Internet Technology Officer, Internet Society

Jessica Gonzalez, Executive Board, Media and Democracy Coalition; Vice President for Policy & Legal Affairs, National Hispanic Media Coalition (representing NHMC)

Shane Greenstein, Professor and Kellogg Chair of Information Technology, Kellogg School of Management, Northwestern University

Russell Housley, Chair, Internet Engineering Task Force; Founder of Vigil Security, LLC (representing Vigil Security, LLC)

Neil Hunt, Chief Product Officer, Netflix

Charles Kalmanek, Vice President of Research, AT&T

Matthew Larsen, CEO, Vistabeam

Kevin McElearney, Senior Vice President for Network Engineering, Comcast

Marc Morial, President & CEO, National Urban League

Elaine Paul, Senior Vice President, Strategic Planning, The Walt Disney Company

Jennifer Rexford, Professor of Computer Science, Princeton University

Dennis Roberson, Vice Provost & Research Professor, Illinois Institute of Technology (representing T-Mobile)

Chip Sharp, Director, Technology Policy and Internet Governance, Cisco Systems

Charles Slocum, Assistant Executive Director, Writers Guild of America, West

Marcus Weldon, Chief Technology Officer, Alcatel-Lucent

Michelle Zatlyn, Co-Founder & Head of User Experience, CloudFlare

 

---

[1] Preserving the Open Internet, Report and Order, 25 FCC Rcd 17905 (2010) (Open Internet Order).

[2] Cf. id. at 17962, 17965-66, 17989, paras. 104-105, 113-114, 162.

[3] Telecommunications Industry Association, TIA's 2012 ICT Market Review and Forecast 1-3 (2012).

[4] US Remains at Forefront of LTE Service Adoption, TeleGeography, (March 15, 2012) http://www.telegeography.com/products/commsupdate/articles/2012/03/15/us-remains-at-forefront-of-lte-service-adoption/.

[5] See National Cable & Telecommunications Association Notice of Ex Parte, WC Docket Nos. 10-90, 07-135, and 05-337 and CC Docket Nos. 01-92 and 96-45, October 17, 2011.

[6] Press release, PricewaterhouseCoopers LLP and National Venture Capital Association, Annual Venture Investment Dollars Increase 22% Over Prior Year, According to the MoneyTree Report (Jan. 20, 2012), available at https://www.pwcmoneytree.com/MTPublic/ns/moneytree/filesource/exhibits/11Q4MTPressrelease.pdf.

[7] Michael Mandel, TechNet, Where the Jobs Are:  The App Economy (Feb. 7, 2012), available at http://www.technet.org/wp-content/uploads/2012/02/TechNet-App-Economy-Jobs-Study.pdf.

[RFC] Comments Sought on Privacy and Security of Information Stored on Mobile Communications Devices

DA 12-818

May 25, 2012

 

COMMENTS SOUGHT on Privacy and security of

information stored on Mobile Communications Devices

CC Docket No. 96-115

 

Comment Date: 30 days after publication in the Federal Register

Reply Comment Date: 45 days after publication in the Federal Register

 

In this Public Notice, the Wireline Competition Bureau, Wireless Telecommunications Bureau, and Office of General Counsel jointly solicit comments regarding the privacy and data-security practices of mobile wireless service providers with respect to customer information stored on their users' mobile communications devices, and the application of existing privacy and security requirements to that information.  Since the Commission last solicited public input on this question five years ago, technologies and business practices have evolved dramatically.  The devices consumers use to access mobile wireless networks have become more sophisticated and powerful, and their expanded capabilities have at times been used by wireless providers to collect information about particular customers' use of the network—sometimes, it appears, without informing the customer.  Service providers' collection and use of this information may be a legitimate and effective way to improve the quality of wireless services.  At the same time, the collection, transmission, and storage of this customer-specific network information raise new privacy and security concerns.

Section 222 of the Communications Act of 1934, as amended, establishes the duty of every telecommunications carrier to "protect the confidentiality of proprietary information of, and relating to … customers."[1]  Further, every carrier must protect "customer proprietary network information" (CPNI) that it receives or obtains by virtue of its provision of a telecommunications service and may use, disclose, or permit access to such information only in limited circumstances.[2]  The Commission is charged with enforcing those obligations.[3]

In 2007, the Commission updated its rules implementing these statutory obligations to address the practice of "pretexting"[4] and to reaffirm that carriers are responsible for taking all reasonable steps to protect their customers' private information.[5]  At the same time, the Commission adopted a Further Notice of Proposed Rulemaking to address another emerging privacy issue:  the obligations of mobile carriers to secure the privacy of customer information stored in mobile communications devices.[6]  Although the Commission's particular focus in 2007 was on carriers' duty to erase customer information on mobile equipment prior to refurbishing the equipment, the issue of customer information on mobile devices has recently gained greater prominence.  In particular, carriers recently have acknowledged using software embedded or preinstalled on wireless devices to collect information about the performance of the device and the provider's network.[7]

Comparing the record collected by the Commission five years ago to the publicly available facts today highlights the need to refresh our record.  In response to the 2007 Further Notice, AT&T Inc., for example, emphasized consumers' control of the information residing on their devices, stating:

[D]ecisions about what personal data to store, or not to store, on a mobile device rest with the consumer.  Carriers do not typically have access to such information and play no role in determining what information a consumer chooses to store on mobile devices or how that information is used.  Indeed, in some respects, mobile communications devices are becoming more like computers, laptops, personal digital assistants and other devices that permit customers to store their information.  In the same vein that consumers erase information stored on those devices, (or shred paper copies of bills or other documents that contain personal information), consumers are necessarily in the best position to know what data they have stored on their mobile devices and to take responsibility for safeguarding and erasing that information before disposal or recycling the device.[8]

Sprint similarly stated in 2007 that "[w]ireless carriers are not well-positioned to guarantee the privacy of customer information stored on devices" because those devices are manufactured by suppliers and "in the physical control and custody of customers."[9]

In recent months, it has become clear that these submissions are badly out of date.  Mobile carriers are directing the collection and storage of customer-specific information on mobile devices.  In response to questions from Congress concerning its use of "Carrier IQ" software, AT&T explained that it gathers customer-specific data as an "enhance[ment of] its network reporting capabilities" and to collect information about its network from the perspective of its users' devices, "a view that cannot be obtained from the network alone."[10]  Answering the same questions, Sprint identified a "legitimate need to deploy and use diagnostic software in the maintenance and operation of [Sprint's] services" and described how Sprint worked with the software vendor to customize data collection for Sprint's devices and network.[11]  T-Mobile likewise stated that it uses software on its customers' mobile devices to "assist[] T-Mobile in improving our customers' wireless experience by capturing and analyzing a narrow set of data related to some of the most common issues our customers experience."[12]  The data collected in this manner may be shared with a third party for purposes of network diagnostics or improving customer care.[13]

Commission staff has itself inquired into practices of mobile wireless service providers with respect to information stored on their customers' mobile communications devices.[14]  The staff's inquiry has focused on possible harms to consumers and on what service provider obligations, if any, apply or should apply under section 222 and other provisions of law within this Commission's jurisdiction.

In light of these developments, we now seek to refresh the record in this docket concerning the practices of mobile wireless service providers with respect to information stored on their customers' mobile communications devices.  How have those practices evolved since we collected information on this issue in the 2007 Further Notice?  Are consumers given meaningful notice and choice with respect to service providers' collection of usage-related information on their devices?  Do current practices serve the needs of service providers and consumers, and in what ways?  Do current practices raise concerns with respect to consumer privacy and data security?  How are the risks created by these practices similar to or different from those that historically have been addressed under the Commission's CPNI rules?  Have these practices created actual data-security vulnerabilities?  Should privacy and data security be greater considerations in the design of software for mobile devices, and, if so, should the Commission take any steps to encourage such privacy by design?  What role can disclosure of service providers' practices to wireless consumers play?  To what extent should consumers bear responsibility for the privacy and security of data in their custody or control?

Specifically with respect to section 222, we seek comment on the applicability and significance in this context of telecommunications carriers' duty under section 222(a) to protect customer information.  Further, the definition of CPNI in section 222(h)(1) includes information "that is made available to a carrier by the customer solely by virtue of the carrier-customer relationship," a phrase that on its face could apply to information collected at a carrier's direction even before it has been transmitted to the carrier.  We seek comment on this analysis.  We further seek comment on which, if any, of the following factors are relevant to assessing a wireless provider's obligations under section 222 and the Commission's implementing rules, or other provisions of law within this Commission's jurisdiction, and in what ways:

·      Whether the device is sold by the service provider;

·      Whether the device is locked to the service provider's network so that it would not work with a different service provider;

·      The degree of control that the service provider exercises over the design, integration, installation, or use of the software that collects and stores information;

·      The service provider's role in selecting, integrating, and updating the device's operating system, preinstalled software, and security capabilities;

·      The manner in which the collected information is used; 

·      Whether the information pertains to voice service, data service, or both; and 

·      The role of third parties in collecting and storing data.

 

Are any other factors relevant?  If so, what are these other factors, and what is their relevance?  What privacy and security obligations should apply to customer information that service providers cause to be collected by and stored on mobile communications devices?  How does the obligation of carriers to "take reasonable measures to discover and protect against attempts to gain unauthorized access to CPNI"[15] apply in this context?  What should be the obligations when service providers use a third party to collect, store, host, or analyze such data?  What would be the advantages and disadvantages of clarifying mobile service providers' obligations, if any, with respect to information stored on mobile devices—for instance through a declaratory ruling?  What are the potential costs and benefits associated with such clarification?

Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 C.F.R. §§ 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document.  Comments may be filed using the Commission's Electronic Comment Filing System (ECFS).  See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

• Electronic Filers:  Comments may be filed electronically using the Internet by accessing the ECFS:  http://apps.fcc.gov/ecfs/. 

 

• Paper Filers:  Parties who choose to file by paper must file an original and one copy of each filing.  If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.

 

Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail.  All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

 

§  All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12^th St., SW, Room TW-A325, Washington, DC 20554.  The filing hours are 8:00 a.m. to 7:00 p.m.  All hand deliveries must be held together with rubber bands or fasteners.  Any envelopes and boxes must be disposed of before entering the building. 

 

§  Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743.

 

§  U.S. Postal Service First-Class, Express, and Priority mail must be addressed to 445 12^th Street, SW, Washington, DC 20554.

 

People with Disabilities:  To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

 

This is a "permit-but-disclose" proceeding in accordance with the Commission's ex parte rules.[16]  Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies).  Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation.  If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum.  Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b).  In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf).  Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

For further information, contact Lisa Hone, Wireline Competition Bureau, at (202) 418-1500, Melissa Tye, Wireless Telecommunications Bureau, at (202) 418-0600, or Douglas Klein, Office of General Counsel, at (202) 418-1720.

-FCC-

---

[1] 47 U.S.C. § 222(a).

[2] See 47 U.S.C. § 222(c); see also 47 C.F.R. §§ 64.2001-.2011.

[3] See, e.g., Implementation of the Telecommunications Act of 1996: Telecommunications Carriers' Use of Customer Proprietary Network Information and Other Customer Information, Second Report and Order and Further Notice of Proposed Rulemaking, 13 FCC Rcd 8061 (1998) (1998 CPNI Order); Third Report and Order and Third Further Notice of Proposed Rulemaking, 17 FCC Rcd 14860 (2002) (2002 CPNI Order); Report and Order and Further Notice of Proposed Rulemaking, 22 FCC Rcd 6927 (2007) (2007 CPNI Order).

[4] 2007 CPNI Order, 22 FCC Rcd at 6928 ¶ 1.  "Pretexting" is "the practice of pretending to be a particular customer or other authorized person in order to obtain access to that customer's call detail or other private communications records."  Id. at 6928 ¶ 1 n.1.

[5] See id. at 6959-60 ¶¶ 63-66; see also 47 C.F.R. § 64.2010(a) (requiring telecommunications carriers to "take reasonable measures to discover and protect against attempts to gain unauthorized access to CPNI").

[6] See 2007 CPNI Order, 22 FCC Rcd at 6962 ¶ 72.

[7] See Letter from Timothy P. McKone, Executive Vice President, Federal Relations, AT&T Services, Inc., to The Honorable Al Franken, United States Senate (Dec. 14, 2011), available at http://apps.fcc.gov/ecfs/document/view?id=7021920018 (AT&T letter to Sen. Franken); Letter from Vonya B. McCann, Senior Vice President, Government Affairs, Sprint Nextel, to The Honorable Al Franken, United States Senate (Dec. 14, 2011), available at http://apps.fcc.gov/ecfs/document/view?id=7021920019 (Sprint Letter to Sen. Franken); Letter from Thomas J. Sugrue, Senior Vice President, Regulatory and Legal Affairs, T-Mobile USA, Inc., to The Honorable Al Franken, United States Senate (Dec. 20, 2011), available at http://apps.fcc.gov/ecfs/document/view?id=7021920020 (T-Mobile Letter to Sen. Franken).  See generally Sen. Franken Statement on Responses from Carrier IQ, Wireless Carriers, and Handset Manufacturers (Dec. 15, 2011), available at http://www.franken.senate.gov/?p=press_release&id=1891 (last visited May 24, 2012).

[8] Comments of AT&T Inc., CC Docket No. 96-115 (July 9, 2007), at 9, available at http://apps.fcc.gov/ecfs/document/view?id=6519559163.

[9] Comments of Sprint Nextel Corporation, CC Docket No. 96-115 and WC Docket No. 04-36, at 21 (July 9, 2007), available at http://apps.fcc.gov/ecfs/document/view?id=6519548080; see also Reply Comments of Sprint Nextel Corporation, CC Docket No. 96-115 and WC Docket No. 04-36, at 14 (Aug. 7, 2007) ("Importantly, none of the information (e.g. songs, photographs and address books) stored on a handset is CPNI and thus [it] is not addressed by section 222 of the Act."), available at http://apps.fcc.gov/ecfs/document/view?id=6519610194. 

[10] AT&T Letter to Sen. Franken at 1; see also id. at 5 (stating that this activity is covered by provisions in its privacy policy, wireless customer agreement, and end user licensing agreement that AT&T "collect[s] network, performance, and usage information from our network and customer devices").

[11] Sprint Letter to Sen. Franken at 1.

[12] T-Mobile Letter to Sen. Franken at 1-2.

[13] See Carrier IQ, Understanding Carrier IQ Technology: What Carrier IQ Does and Does Not Do (Dec. 15, 2011), at 13, available at http://www.carrieriq.com/documents/understanding-carrier-iq-technology/6461/ (last visited May 24, 2012) (stating that Carrier IQ hosts servers on behalf of some customers, while other customers host servers in their own data centers); AT&T Letter to Sen. Franken at 3 (stating that AT&T hosts its own servers); Sprint Letter to Sen. Franken at 2 (stating that data is transmitted to Carrier IQ servers); T-Mobile Letter to Sen. Franken at 4-5 (stating that data is stored on dedicated servers by Carrier IQ and its subcontractors).

[14] The staff's inquiry has included not only a specific examination of mobile wireless service providers' practices with respect to information stored on their customers' mobile communications devices, but also a broad review of so-called "location-based services" used in wireless communications.  See Location-Based Services: An Overview of Opportunities and Other Considerations, Federal Communications Commission Staff Report, at 6 (rel. May 25, 2012).

[15] 47 C.F.R. § 64.2010(a).

[16] 47 C.F.R. §§ 1.1200 et seq.

6.1 :: Your First Amendment Rights Can Be Terminated :: VNI :: Legitimate Investigations :: Last /8 :: Inane Banter Doubles :: Alan Turing ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================

Verizon Confirms FiOS Speed Increases (300 Mbps!) - Significant Speed
Bump in June When Pricing is Announced, DSLReports
Verizon has confirmed our exclusive insider information from earlier
this month, officially announcing some major speed upgrades for the
company's FiOS fiber to the home service. According to Verizon,
they're significantly ramping up the speeds of several FiOS tiers as
well as
http://www.dslreports.com/shownews/Verizon-Confirms-FiOS-Speed-Increases-300-Mbps-119727

Con Law Fail, Media Law Prof
"Your First Amendment Rights can be terminated!" So shouted a Chicago
police officer to two reporters as he arrested them. Unfortunately for
said cop, someone was watching, with a camera. More here from MSNBC.
http://lawprofessors.typepad.com/media_law_prof_blog/2012/06/con-law-fail.html

Harvard prof to chair FCC's net neutrality advisory committee, Ars Technica
The Federal Communications Commission has named an Open Internet
Advisory Committee to monitor and report on the effectiveness of the
FCC's network neutrality regime. The committee will be chaired by
Harvard law professor Jonathan Zittrain. According to a statement from
FCC
http://arstechnica.com/tech-policy/2012/05/harvard-prof-to-chair-fccs-net-neutrality-advisory-committee/

Jonathan Zittrain to Chair FCC's Open Internet Advisory Committee ,
Berkman Center
David Holt
http://cyber.law.harvard.edu/node/7695

Released: 05/25/2012. ANNOUNCEMENT OF MEMBERS ON OPEN INTERNET
ADVISORY COMMITTEE. (DA No. 12-829). (Dkt No 09-191 07-52 ). CGB,
FCC
Statement
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-829A1.pdf

FCC Creates Net Neutrality 'Committee' - A Place for AT&T, Netflix,
Comcast and Cisco to Bicker?, DSLReports
As we've noted for years, like most FCC policies, their 2010 network
neutrality rules were more show than substance. The rules don't do
very much, failing to cover wireless in any meaningful way, while
allowing pretty much any network behavior so long as it can be
defended as an action that's necessary to protect network integrity.
As part of those rules the agency stated they'd create a committee to
discuss network neutrality
http://www.dslreports.com/shownews/FCC-Creates-Net-Neutrality-Committee-119724

Foster v. Matlock, 2012 NY Slip Op 31363 - NY: Supreme Court 2012, NY Court
pursuant to the terms of the federal Communications Decency Act (47
USC § 230), internet service providers, such as Rose, are immune from
defamation suits resulting from the exercise of their traditional
editorial functions, such as deciding whether to publish a particular
item.
http://scholar.google.com/scholar_case?case=10790421152344413925

Cisco to Announce Internet Traffic Projections at Global Forum on
Policy Implications of Surging Bandwidth Demand, CISCO
http://newsroom.cisco.com/press-release-content?type=webcontent&articleId=888333

Cisco's VNI Forecast Projects the Internet Will Be Four Times as Large
in Four Years, CISCO
http://newsroom.cisco.com/press-release-content?type=webcontent&articleId=888280

STATEMENT OF COMMISSIONER ROBERT M. MCDOWELL BEFORE THE UNITED STATES
HOUSE OF REPRESENTATIVES COMMITTEE ON ENERGY AND COMMERCE SUBCOMMITTEE
ON COMMUNICATIONS AND TECHNOLOGY. International Proposals to
Regulate the Internet by Testimony. OCRMM , FCC
Statement
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314384A1.pdf

U.S. lawmakers push to prevent global Internet regulation, WAPO
U.S. lawmakers on Thursday introduced a resolution to fight against
any international efforts to put regulations on the Internet.
http://feeds.washingtonpost.com/click.phdo?i=faca88045811973fc7e18a89434fb237

Testifying before the U.S. House of Representatives on Internet
Governance, Google
This morning Google Vice President and Chief Internet Evangelist Vint
Cerf will testify before the House Energy and Commerce Communications
and Technology Subcommittee on Internet Governance and the
International Telecommunication Union (ITU).
http://feedproxy.google.com/~r/GooglePublicPolicyBlog/~3/4hb1ktGUIs8/testifying-before-us-house-of.html

FBI: New Internet addresses could hinder police investigations, CNET
As the Internet prepares to celebrate World IPv6 Day next week, law
enforcement is worried the transition could hinder legitimate
investigations. Some tech companies agree it's a concern.
http://feedproxy.google.com/~r/cnet/tcoc/~3/qIz49nnEGcM/

Launching Forward with IPv6, Akamai
With the era of freely available IPv4 addresses nearing its end, I'm
pleased to see that 2012 appears to be the year when the IPv6 Internet
will finally reach maturity and launch into wide-scale commercial use.
For over a decade, the groundwork for the migration to version 6 of
the Internet
http://feedproxy.google.com/~r/TheAkamaiBlog/~3/qA9NamI4DUo/launching-forward-with-ipv6.html

IPv4: Business As Usual, CircleID
This year, we expect that the RIPE NCC's pool of unallocated IPv4
addresses will reach the "last /8", meaning that we have 16,777,216
IPv4 addresses left in the available pool. At that point it will no
longer be possible for RIPE NCC members to obtain the amount of IPv4
addresses they will require to expand their current and future
networks.
http://www.circleid.com/posts/20120529_ipv4_business_as_usual/

FTC hires U.S. legal all-star for Google antitrust probe, Globe
Oklahoma City prosecution just the first in long string of
high-profile victories for Washington power-lawyer Beth Wilkinson
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/yS6sQppDzCQ/

Confirmed: US and Israel created Stuxnet, lost control of it, Ars Technica
The new account is unlikely to alter Iran's view of the US, seen here
in a mural on the old US embassy in Tehran
http://arstechnica.com/tech-policy/2012/06/confirmed-us-israel-created-stuxnet-lost-control-of-it/

Twitter usage doubled in year, Pew study finds, CNET
The percentage of adults who use Twitter daily has quadrupled over the
past 18 months, the study also finds.
http://feedproxy.google.com/~r/cnet/tcoc/~3/GrIYv_lCHE4/

Twitter Use 2012, Pew
Overall adoption remains steady, but "typical day" usage continues to
grow—8% of online adults now use Twitter on a typical day.
African-Americans, young adults, and mobile users stand out for their
high rates of Twitter usage.
http://www.pewinternet.org/Reports/2012/Twitter-Use-2012.aspx

FTC chair Leibowitz: Apps need simpler privacy statements, CNET
Agency in charge of consumer protection and antitrust takes aim at
social networks, dominant tech platforms.
http://feedproxy.google.com/~r/cnet/tcoc/~3/k9h0T6ylQss/

Released: 05/25/2012. COMMENTS SOUGHT ON PRIVACY AND SECURITY OF
INFORMATION STORED ON MOBILE COMMUNICATIONS DEVICES. (DA No. 12-818).
(Dkt No 96-115 ). WCB WTB OGC . , FCC
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-818A1.pdf

FCC Seeks Comment on Privacy and Security of Information Stored on
Mobile Phones and Other Devices, Telecom Law Monitor
ays before tomorrow's Federal Trade Commission (FTC) Workshop on
Mobile Disclosures, the FCC weighed in with a pair of releases on
privacy and security issues raised by mobile devices. In the first
item released on Friday, the FCC is seeking to refresh its record
regarding the
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/XmDnq8KugHw/

Making the Internet Safer for Everyone, Google
Security online is a shared responsibility and we take our role very
seriously. We work hard to proactively identify security threats,
protect our users and their personal information, and help make the
Internet a safer place.
http://feedproxy.google.com/~r/GooglePublicPolicyBlog/~3/HoSa3-HobzU/making-internet-safer-for-everyone.html

New Cybersecurity Center Kicks Off with Workshop, NIST
The National Cybersecurity Center of Excellence (NCCoE) will host a
kickoff workshop on Tuesday, June 26, 2012. The workshopamp's goal is
to introduce the center, which will bring together experts from
industry, government and academia ...
http://www.nist.gov/itl/nccoe-052912.cfm

A Secure Internet as an Engine of Economic Growth, OECD
Strengthening Cybersecurity is becoming "the new comparative
advantage", as companies and customers move to countries with safer
and more reliable cyber-frameworks, said Angel Gurría, OECD Secretary-
...
http://www.oecd.org/topic/0,3699,en_2649_37441_1_1_1_1_37441,00.html?rssChId=37441#50500002

Is Privacy Dead? Yes, If America's Surveillance State Drones On, Forbes
In the sci-fi flick Colossus: The Forbin Project, the all-knowing
computer was asked if it understood privacy.
http://www.forbes.com/sites/waynecrews/2012/05/30/is-privacy-dead-yes-if-americas-surveillance-state-drones-on/

White House launches coordinated effort to battle botnets, CW
The U.S. government has launched a coordinated effort with several
trade groups and private companies to combat botnets and educate
affected computer users, the White House announced Wednesday.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/JeYRctHS9HY/White_House_launches_coordinated_effort_to_battle_botnets

Obama Ordered Wave of Cyberattacks Against Iran, NYT
Even after the Stuxnet computer worm became public, President Obama
accelerated cyberattacks against Iran that had begun in the Bush
administration, temporarily disabling 1,000 centrifuges.
http://feeds.nytimes.com/click.phdo?i=2cce39f4557fdf3fc921aadff65861f9

Flame War, VOA
New Alarm Bells, And Old Questions, About The Flame Virus And Cyber-War
http://blogs.voanews.com/digital-frontiers/2012/05/30/flame-war/

Christopher Fox, Checking In: Historical Cell Site Location
Information and the Stored Communications Act, Seton Hall Law Review
Over the last twenty-five years, the number of cell phone subscribers
in the United States has increased from slightly over 200,000 in 1985
to roughly 293 million in 2010.1 Cell phones are now the only phones
used in over one quarter of all American households, a percentage that
has nearly tripled in the last five years
http://erepository.law.shu.edu/shlr/vol42/iss2/8

Henry H. Perritt, The Internet at 20: Evolution of a Constitution for
Cyberspace, William Mary LR
In 1995, this Journal published my1 article arguing for broader public
access to government-generated information, explaining that the
Internet provided the potential for a new window into government
operations and decisions
http://scholarship.law.wm.edu/wmborj/vol20/iss4/5

Israel rejects Flame malware link, BBC
Israel dismisses the suggestion that it is behind the Flame
cyber-attack which was uncovered this week.
http://www.bbc.co.uk/news/technology-18277555#sa-ns_mchannel=rss&ns_source=PublicRSS20-sa

Report: Obama ordered Stuxnet attacks on Iran, CW
U.S. President Barack Obama ordered the Stuxnet cyberattacks on Iran
in an effort to slow the country's development of a nuclear program,
according to a report in The New York Times.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/F5Ch9Hd4hRk/Report_Obama_ordered_Stuxnet_attacks_on_Iran

How Alan Turing Helped Win WWII and was Thanked with Criminal
Prosecution for Being Gay, Forbes
During this Memorial Day celebration, somewhere between barbecuing and
beach time, give a thought to Alan Mathison Turing. You know him best
as the inventor of the Turing Machine--the conceptual precursor of the
modern computer--but we owe him a debt of gratitude well beyond his
pioneering efforts in computer science.
http://www.forbes.com/sites/daviddisalvo/2012/05/27/how-alan-turing-helped-win-wwii-and-was-thanked-with-criminal-prosecution-for-being-gay/

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"If there are no dogs in Heaven, then when I die I want to go where
they went."-Will Rogers
:: Adopt a Rescue Dog or Cat :: http://www.petfinder.com ::
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Website :: www.cybertelecom.org
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Link to us! www.cybertelecom.org
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[Event] IPv6 Launch Day: ISOC-DC Panel Event

Wednesday, June 6, 2012 from 5:30 PM - 8:30 PM
Free EventBrite Registration Required:
http://www.eventbrite.com/event/3654332206
Hosted by Verisign (near the Farragut North and Farragut West Metro stations)

5:30 - 6:30 reception/networking
6:30 - 8:00 program
8:00 - 8:30 networking

More than ten years ago, the Internet Engineering Task Force (IETF)
developed the IPv6 protocol to dramatically expand the number of
Internet Protocol addresses available with the IPv4 protocol and
provide new features in the key standard that encodes the packets of
data that carry everything transmitted over the Internet. Despite the
fact that we are running out of IPv4 addresses, which is complicating
operations of the Internet, many computer companies, Web companies,
and Internet Service Providers have not embraced the IPv6. What's
holding them back? Why are only about 10 percent of networks using
IPv6 today? What does IPv6 mean for the average Internet user? The
new protocol is essential for development of the Internet of Things,
ad hoc networks, and other exciting new uses of the Internet. What are
the early adopters doing with the new capabilities offered by IPv6?
Help us celebrate IPv6 Launch Day on June 6 and learn about efforts to
realize the full benefits of the next version of the Internet
(http://www.worldipv6launch.org/).

Moderator:
Michael R. Nelson -- Research Associate, Leading Edge Forum, and
Adjunct Professor, Georgetown University

Discussion leaders:

Richard Jimmerson, Internet Society
http://www.internetsociety.org/who-we-are/staff/mr-richard-jimmerson

Joe Klein, Security Researcher at IPv6 Cyber Security Forum and Cyber
Security Principal Architect at QinetiQ North America
http://www.linkedin.com/pub/joe-klein/1/744/3a9


Michael Gibbs – Network Architect at VeriSign
http://www.linkedin.com/pub/mike-gibbs/6/538/777
Location:
Verisign' DC Conference Room
1666 K Street NW, 4th Fl, Suite 410
Washington, DC

Verisign's DC Conference Room
1666 K Street NW
Fourth floor, Suite 410
Washington, DC

5.23 :: Unmask an Online Critic :: Ignorance is Strength :: I PO'd :: The Overman Committee :: Strike Six! :: No Confusion ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================

Does the constitution protect anonymity?, Internet Cases
Yes, the constitution protects one's right to speak anonymously, but
only to a certain extent. The question of one's First Amendment right
to speak anonymously comes up pretty often in situations where a
plaintiff seeks to unmask the identity of someone who is alleged to
have committed an illegal act against the plaintiff online. Most often
it is a plaintiff seeking to unmask an online critic in a defamation
lawsuit.
http://blog.internetcases.com/2012/05/22/does-the-constitution-protect-anonymity/

FBI quietly forms secretive Net-surveillance unit, CNET
CNET has learned that the FBI has formed a Domestic Communications
Assistance Center, which is tasked with developing new electronic
surveillance technologies, including intercepting Internet, wireless,
and VoIP communications.
http://feedproxy.google.com/~r/cnet/tcoc/~3/bxRI3sAoav8/

The Netherlands Passes Net Neutrality Legislation, EFF
New legislation in the Netherlands makes it the first country in
Europe to establish a legal framework supporting net neutrality. In
addition to the net neutrality provisions, the law contains language
that restricts when ISPs can wiretap their users, and limits the
circumstances under which ISPs can cut off a subscriber's Internet
access altogether.
https://www.eff.org/deeplinks/2012/05/netherlands-passes-net-neutrality-legislation

FCC chairman supports broadband data caps amid Netflix protests, WAPO
The chairman of the Federal Communications Commission said Tuesday
that he supports tiered broadband Internet plans, a growing trend that
has drawn criticism from Netflix.
http://feeds.washingtonpost.com/click.phdo?i=d63dcbdde2068d40902cdfd6a07f0535

The Need for Flexibility In Broadband Pricing, AT&T
"FCC Chairman Genachowski made an important statement today in support
of usage-based pricing. This isn't the first time the chairman has
recognized the need for flexibility in broadband pricing, but his
words today come at a time when one company has been pushing the FCC
to impose a particular pricing model on Internet
http://attpublicpolicy.com/broadband-policy/the-need-for-flexibility-in-broadband-pricing/

The questions Genachowski should be asking about data caps, Gigaom
Federal Communications Commission Chairman Julius Genachowski
reiterated his acceptance of broadband data caps and tiered pricing,
at The Cable Show held today in Boston. In an interview with the
National Cable and Telecommunications Association Chair (and a former
FCC chairman himself) Michael Powell, Genachowski said he was in favor
of business model innovation.
http://feedproxy.google.com/~r/OmMalik/~3/zJphSmhCm7c/

Spectrum Crisis Impact on Data Caps, WCAI
The uproar over major wireless carriers capping data usage is getting
louder. This week, a major carrier announced it will be ending
unlimited data plans even for customers with "grandfathered-in" status
when they introduce tiered shared plans this summer.
http://wcaupdate.blogspot.com/2012/05/spectrum-crisis-impacts-data-caps.html

EFF is Joining the Transition to IPv6, EFF
EFF is proud to participate in World IPv6 Launch Day on June 6, 2012.
https://www.eff.org/deeplinks/2012/05/eff-joining-transition-ipv6

GROUPION, LLC. v. GROUPON, INC., Dist. Court, ND California 2012, Fed Court
The Court finds that, when viewing the evidence in the light most
favorable to Groupion, upon balancing the Sleekcraft factors, no
reasonable juror could find that Groupon is using a confusingly
similar mark. See Surfvivor Media, 406 F.3d at 628 (granting summary
judgment where "no material issue of fact was raised reflecting
confusion between the marks). Accordingly, the Court grants Groupon's
motion for summary judgment on Groupion's claims for trademark
infringement and unfair competition.
http://scholar.google.com/scholar_case?case=6437722479075742893

Facebook, Zuckerberg sued over IPO, CNET
The lawsuit charges the defendants with failing to disclose in the
run-up to Friday's IPO "a severe and pronounced reduction" in
forecasts for Facebook's revenue growth
http://feedproxy.google.com/~r/cnet/tcoc/~3/eC37sHSwJwo/

Google Acquires Motorola Mobility, Google
The phones in our pockets have become supercomputers that are changing
the way we live. It's now possible to do things we used to think were
magic, or only possible on Star Trek--like get directions right from
where we are standing; watch a video on YouTube; or take a picture and
share the moment instantly with friends.
http://feedproxy.google.com/~r/GooglePublicPolicyBlog/~3/UDYZYPek29A/google-acquires-motorola-mobility.html

Why Did Pakistan Shut Off Twitter?, VOA
It only lasted for about 8 hours, but that was long enough to start a
whole new round of Internet rumor and worry.
http://blogs.voanews.com/digital-frontiers/2012/05/22/why-did-pakistan-shut-off-twitter/

Pakistan restores Twitter access, BBC
Pakistani authorities restore access to the social media website
Twitter after a brief ban for what officials called "offensive"
content".
http://www.bbc.co.uk/news/world-asia-18138278#sa-ns_mchannel=rss&ns_source=PublicRSS20-sa

Supreme Court lets stand $675K fine for music downloads, CW
The Supreme Court on Monday declined to consider the petition of Joel
Tenenbaum, a former doctoral student at Boston University who faces a
fine of US$675,000 for illegally downloading 30 songs.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/sSPlgigKjt8/Supreme_Court_lets_stand_675K_fine_for_music_downloads

ISP 'Six Strikes' Plan Delayed? - Still Likely to Be Implemented
'Later This Year', DSLReports
Last summer major ISPs including Comcast, AT&T, Verizon and
Cablevision signed off on a new plan by the RIAA and MPAA taking aim
at copyright infringers on their networks. According to the plan,
after four warnings ISPs are to begin taking "mitigation measures,"
which range from throttling a user connection to filtering access to
http://www.dslreports.com/shownews/ISP-Six-Strikes-Plan-Delayed-119634

F.C.C. Weighs Treating Video Sites Like Cable Companies, NYT
The Federal Communications Commission is considering giving online
distributors like Hulu and YouTube the same rights and
responsibilities enjoyed by cable companies.
http://feeds.nytimes.com/click.phdo?i=be5a35ab5740ec151d3cece17dd52598

Americans watched 37 billion online videos last month, CNET
People in the U.S. gobbled up a whole lot of videos from YouTube,
Facebook, Yahoo, Hulu, and other sites in April, according to
ComScore.
http://feedproxy.google.com/~r/cnet/tcoc/~3/luP57nicpaM/

Nancy King, Protecting the privacy and security of sensitive customer
data in the cloud, Computer Law & Security Review
The global ubiquity of cloud computing may expose consumers' sensitive
personal data to significant privacy and security threats. A critical
challenge for the cloud computing industry is to earn consumers' trust
by ensuring adequate privacy and security for sensitive consumer data.
Regulating consumer privacy and security also challenges government
enforcement of data protection laws that were designed with national
borders in mind. From an information privacy perspective, this article
analyses how well the
http://www.sciencedirect.com/science/article/pii/S0267364912000556

Putting Twitter's "Do Not Track" Feature in Context, White House
This week, we got some terrific news about new ways individuals can
protect their privacy on the internet.
http://www.whitehouse.gov/blog/2012/05/19/putting-twitter-s-do-not-track-feature-context

Deirdre K. Mulligan and Jennifer King, Bridging The Gap Between
Privacy And Design , Journal of Constitutional Law
This article explores the gap between privacy and design in the
context of "lateral privacy"— privacy issues arising among users of a
service rather than from the service provider—on social networking
sites (SNSs) and other platforms by analyzing the privacy concerns
lodged against the introduction of Facebook's News Feed in 2006. Our
analysis reveals that the dominant theory of
http://www.law.upenn.edu/journals/conlaw/articles/volume14/issue4/MulliganKing14U.Pa.J.Const.L.989(2012).pdf

FTC taps privacy advocate Paul Ohm as adviser, CW
The U.S. Federal Trade Commission has hired Paul Ohm, a privacy
advocate and critic of current online privacy practices, as a senior
privacy adviser for consumer protection and competition issues
affecting the Internet and mobile services.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/jATTSzprRUg/FTC_taps_privacy_advocate_Paul_Ohm_as_adviser

U.S. spy agency looking to train students in cyber ops, CNET
New college program accredited by National Security Agency to prepare
students for future careers in cyber operations
http://feedproxy.google.com/~r/cnet/tcoc/~3/2hVG91WeRzs/

Lisa Ugelow, Lance Hoffman, Fighting on a New Battlefield Armed with
Old Laws: How to Monitor Terrorism in a Virtual World, Journal of
Constitutional Law
The United States has always relied in part on surveillance prac-
tices to obtain information about foreign governments, international
and domestic organizations, and citizens of the United States. The
twentieth century exemplifies this behavior. In 1918, the Overman
Committee was established to investigate pro-German sentiments,
http://www.law.upenn.edu/journals/conlaw/articles/volume14/issue4/UgelowHoffman14U.Pa.J.Const.L.1035(2012).pdf

Proactive Policy Measures by Internet Service Providers against
Botnets (OECD Digital Economy Paper 199), OECD
This report analyses initiatives in a number of countries through
which end-users are notified by ISPs when their computer is identified
as being compromised by malicious software and encouraged to take
action to mitigate the problem.
http://www.oecd.org/topic/0,3699,en_2649_37441_1_1_1_1_37441,00.html?rssChId=37441#50423552

Google warns users infected with DNSChanger as Web outage nears, CW
Google on Tuesday hauled out a tool it last used nearly a year ago to
warn users infected with the "DNSChanger" malware.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/gEZYS-YSKKg/Google_warns_users_infected_with_DNSChanger_as_Web_outage_nears

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"If there are no dogs in Heaven, then when I die I want to go where
they went."-Will Rogers
:: Adopt a Rescue Dog or Cat :: http://www.petfinder.com ::
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Website :: www.cybertelecom.org
Blog :: cybertelecom.blogspot.com
Delicious :: http://del.icio.us/rcannon100/zxc
Twitter :: Cybertelecom
Google Group :: cybertelecom-l

AUP :: www.cybertelecom.org/cybert.htm#aup
Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us! www.cybertelecom.org
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~