Monday, December 21, 2009

In Which a Building is Built, and a Domain Name Registered: Cleary Building Corp, V. David A. Dame, Inc.

Today’s case involves the classic alleged scenario of a gripe site which used a Plaintiff’s trademark in Defendant’s web site domain name - and whether this might be a violation of the Anti Cybersquatting Consumer Protection Act (ACPA). Cleary Building Corp, V. David A. Dame, Inc., Civil Action No. 09-cv-01578-CMA-MEH. (DCo Dec. 1, 2009).

But first, a visit to the Wayback Machine, back, oh, let’s say 15 years. The 1990s saw a domain name land grab. With only a few top level domains such as DOT COM in which to register web sites, it became a gold mine for first movers to toss a couple of pesos speculating on any domain name they might think of – warehousing them for a while – and then attempting to extort some late-to-the game company. Cybersquatters were warehousing 1000s of domain names and making fortunes off of a few exclusive lines of code in a data base.

In that cyber libertarian era, Congress did not pass a lot of Internet related laws (or any other laws) – however they thought they ought to squat on cybersquatters – and passed the AntiCybersquatting Consumer Protect Act. Speculating on domain names - - - bad.

Which leads us to today’s case. This case involves a dispute with a contractor (did I just hear a series of groans-of-empathy from the audience). Defendant allegedly hired Plaintiff to build a building. A dispute arose about the construction. A list of issues to be addressed was created. A second list of issues to be addressed was created. Ultimately defendant refused to permit Plaintiff access to the site in order to complete the work. After this came a domain name registration and a website. Defendant put the building up for sale and created the website "my[plaintiff]building.com," presenting information about the building (the website was blank when we checked it). Plaintiff alleged ten complaints in total against defendant, and there are more facts to the disputes, but these are the facts relevant to the ACPA claim.

In order for a trademark owner to bring a claim under the ACPA, the trademark owner must establish:

  • the trademark owner’s mark is distinctive or famous;
  • the domain name owner has a bad faith intent to profit from the mark; and
  • the domain name and the trademark are either identical or confusingly similar (or dilutive for famous trademarks).

15 USC § 1125(d)(I)(A)

This case turns on bad faith. It was conceded that the mark was famous, and the court found it was "plausible" that Plaintiff’s trademark and Defendant’s domain name were confusingly similar (the court will later confusingly take this back).

The bad faith element is the key. Normally, cybersquatters register many domains and then try to sell them. But in this case, Defendant was not warehousing and speculating on domain names; there’s just one domain name in question. Defendant did not offer to sell the domain name; Defendant used the domain name to gripe about the Plaintiff. So how does Plaintiff try to get around that? Plaintiff alleges that Defendant tried to use the domain name to gain an advantage in negotiations with Plaintiff.

Congress provided the Courts with nine factors to assist with the analysis of bad faith. According to Congress,

"These factors are designed to balance the property interests of trademark owners with the legitimate interests of Internet users and others who seek to make lawful uses of others' marks, including for purposes such as comparative advertising, comment, criticism, parody, news reporting, fair use, etc." H.R.Rep. No. 106-412, at 10 (1999) (Conf.Rep.).

In other words, Congress recognized the democratic necessity and value of griping! The courts have affirmed the value of griping.

The Court did not review the nine factors, item for item. Instead, the Court concluded that Defendant was all about informing "fellow consumers about his experiences with the Plaintiff's company, which he believed performed inferior work."

"The exhibits to the Complaint show that the DEFENDANT Website is nothing more than a ‘gripe site.’ The Defendant is using the site to tell his story and make his complaints and grievances with Plaintiff known."

The Court rejected Plaintiff’s argument that Defendant sought to use the website in order to gain an advantage in negotiations – and that this constituted bad faith.

The Court also was not persuaded that Defendant’s Site was confusingly similar to Plaintiff's trademark. Defendant’s site is entitled "My New Building By Plaintiff" and "contains information about Defendant's experiences with Plaintiff regarding the DEFENDANT Building." The Court concluded, "it is simply not reasonable to conclude that someone viewing this website would be confused as to the source, sponsorship, affiliation, or endorsement of this site."

It's clear that this court was not going to let the ACPA be used as a weapon to censor consumer discourse concerning (dis)satisfaction with vendor goods or services. Consumer feedback on the Internet, including griping, ratings, reputations, have empowered consumers with information enabling them to make more informed purchases.

Let’s spin the Wheel of Morality and learn the lesson of today’s post! "Wheel of Morality, turn, turn, turn - Tell us what lesson we should learn." [Whirl, Click, Click, Clock]. "You have to Fight! For Your Right! To Whine and Gripe!" (Can you believe the Beastie Boys are in their 40s!).

[Disclaimer]


Saturday, December 19, 2009

[Notice] FCC Announces Next Round Of Public Workshops For Open Internet Proceeding

The FCC today announced the dates, times, and locations of the January public workshops for the FCC's open Internet proceeding. These workshops will explore the impact of the Internet's openness on consumers, innovation, and investment.

The next public workshop will occur on Jan. 13, 2010 at 5 p.m. at the MIT Media Lab in Cambridge, Mass. and will address innovation, investment, and the open Internet. It will be followed by a workshop on consumers, transparency, and the open Internet on Jan. 19, 2010 starting at 1 p.m. in the Commission meeting room. The dates, locations, and topics for additional spring workshops for the open Internet proceeding will be announced in early 2010.

Agendas for the Jan. 13 and Jan. 19 workshops will be made available in early January. All workshops will be open to the public; however, admittance will be limited to the seating available. Audio/video coverage of the workshops will be broadcast live with open captioning over the Web on www.OpenInternet.gov .

Reasonable accommodations for persons with disabilities are available upon request. Please include a description of the accommodation you will need. Individuals making such requests must include their contact information should FCC staff need to contact them for more information. Requests should be made as early as possible. Please send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau: 202-418-0530 (voice), 202-418-0432 (TTY).

For additional information about the workshops, please visit www.OpenInternet.gov .

--FCC--

FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT:

December 17, 2009 Mark Wigfield, (202) 418-0253

Email: mark.wigfield@fcc.gov

FCC ANNOUNCES NEXT ROUND OF PUBLIC WORKSHOPS FOR OPEN INTERNET
PROCEEDING. News Release. News Media Contact: Mark Wigfield at (202)
418-0253, email: Mark.Wigfield@fcc.gov WCB
http://hraunfoss.fcc.gov/ edocs_public/attachmatch/DOC- 295283A1.doc
http://hraunfoss.fcc.gov/ edocs_public/attachmatch/DOC- 295283A1.pdf
http://hraunfoss.fcc.gov/ edocs_public/attachmatch/DOC- 295283A1.txt

Tuesday, December 08, 2009

It's Safe to be a Dog on the Internet Again: Lori Drew Prosecution Terminated

"On the Internet, no one knows whether you're a dog." Of course, if you are a dog, and you are fibbing about it, according to the US Attorneys Office out in California you're a felon and should be sent to the dog pound. Fortunately, there's a new dog in town who seems to be howling a different tune.

Bad facts make for bad law. The unfortunate alleged facts of this case involved fibbing about actual identities, playing with a young girl's emotions, and the girl's eventual suicide. As recited by the District Court

The Indictment included the following allegations (not all of which were established by the evidence at trial). Drew entered into a conspiracy in which its members agreed to intentionally access a computer used in interstate commerce without (and/or in excess of) authorization in order to obtain information for the purpose of committing the tortious act of intentional infliction of emotional distress upon Megan Meier. Megan was a 13 year old girl who had been a classmate of Drew’s daughter Sarah. Pursuant to the conspiracy, on or about September 20, 2006, the conspirators registered and set up a profile for a fictitious 16 year old male juvenile named “Josh Evans” on the www.MySpace.com website, and posted a photograph of a boy without that boy’s knowledge or consent. Such conduct violated MySpace’s terms of service. The conspirators contacted Megan through the MySpace network (on which she had her own profile) using the Josh Evans pseudonym and began to flirt with her over a number of days. On or about October 7, 2006, the conspirators had “Josh” inform Megan that he was moving away. On or about October 16, 2006, the conspirators had “Josh” tell Megan that he no longer liked her and that “the world would be a better place without her in it.” Later on that same day, after learning that Megan had killed herself, Drew caused the Josh Evans MySpace account to be deleted.

These unfortunate facts led to a large public emotional outcry and pressure for prosecution.

Lacking a specific law that the defendant violated, the US attorney distorted the Computer Fraud and Abuse Act. The Computer Fraud and Abuse Act was designed to smack hackers who gain unauthorized access to computers and networks. CFAA prosecutions involve individuals who break through computer security or who go beyond signs that say "None Shall Pass."

According to the prosecutor, Defendant violated the CFAA, not through hacking, not through cracking, not by defeating a security system. No, defendant violated the CFAA by violating MySpace's terms of service. Defendant (a) lied about Defendant's age, (b) lied about defendant's name and (c) uploaded without permission a picture of someone else. By violating the TOS, prosecutor argued, Defendant had never actually gained permissive use of the computer system. Therefore, Defendant's use of MySpace was unauthorized and constituted a criminal violation of the Computer Fraud and Abuse Act.

The prosecutor's argument was met by a backlash of individuals and experts who claimed that, based on the prosecutors argument, anyone who has violated a terms of service of any site in any way was a criminal. Use a pseudonym, you're a criminal. Lie about your age, you're a criminal. Upload a fake address, you're a criminal. Indeed, many of the actions individuals regularly take in order to protect their identity and privacy would equally make them a criminal.

After a drawn-out legal proceeding, the district court finally agreed. The US Attorney's crow barring of the CFAA to meet the facts of this case would have produced bad law. In the words of the court,

Treating a violation of a website's terms of service, without more, to be sufficient to constitute “intentionally access[ing] a computer without authorization or exceed[ing] authorized access” would result in transforming section 1030(a)(2)(C) into an overwhelmingly overbroad enactment that would convert a multitude of otherwise innocent Internet users into misdemeanant criminals. . . .

One need only look to the MSTOS terms of service to see the expansive and elaborate scope of such provisions whose breach engenders the potential for criminal prosecution. Obvious examples of such breadth would include: 1) the lonely-heart who submits intentionally inaccurate data about his or her age, height and/or physical appearance, which contravenes the MSTOS prohibition against providing “information that you know is false or misleading”; 2) the student who posts candid photographs of classmates without their permission, which breaches the MSTOS provision covering “a photograph of another person that you have posted without that person's consent”; and/or 3) the exasperated parent who sends out a group message to neighborhood friends entreating them to purchase his or her daughter's girl scout cookies, which transgresses the MSTOS rule against “advertising to, or solicitation of, any Member to buy or sell any products or services through the Services.” However, one need not consider hypotheticals to demonstrate the problem. In this case, Megan (who was then 13 years old) had her own profile on MySpace, which was in clear violation of the MSTOS which requires that users be “14 years of age or older.”No one would seriously suggest that Megan's conduct was criminal or should be subject to criminal prosecution.

. . . . .

In sum, if any conscious breach of a website's terms of service is held to be sufficient by itself to constitute intentionally accessing a computer without authorization or in excess of authorization, the result will be that section 1030(a)(2)(C) becomes a law “that affords too much discretion to the police and too little notice to citizens who wish to use the [Internet].”

On August 28, 2009, with the above opinion, the District Court dismissed the US Attorney's prosecution. On November 20, 2009, the US Attorney's Office filed papers with the 9th Circuit Court of Appeals indicating it will not appeal its case against Lori Drew.

Perhaps, now that we have a more technologically sophisticated administration that can appreciate how this prosecution would have led to bad implications, the US Attorney thought better of its prosecution. In the words of Prof. Orin Kerr, "The case should have never been filed, and it was a stretch from the beginning."

This doesn't change the unfortunate facts of this case; but it avoids a potentially unfortunate legal precedent.

Sunday, December 06, 2009

[Meeting Notice] FCC Announces Initial Public Workshops For Open Internet Proceeding

"The FCC today announced that Commission staff will hold an initial round of public workshops in December and January as part of the open Internet Notice of Proposed Rulemaking (NPRM). These workshops will explore issues raised in the proceeding, including the technical realities of broadband networks and the impact of the Internet's openness on various interests, including speech, democratic engagement, consumers, innovation, and investment. The dates, locations, and topics for additional spring workshops on the open Internet rulemaking will be announced in early 2010.

"The first public workshop -- part of the Technical Advisory Process -- will address basic technical issues relevant to the proceeding and will occur on Dec. 8, 2009 starting at 10 a.m. in the Commission meeting room. It will be followed by a workshop on speech, democratic engagement, and the open Internet on Dec. 15, 2009 starting at 1 p.m. in the Commission meeting room. In January, Commission staff will hold two additional workshops: one on innovation, investment, and the open Internet, and the other on consumers, transparency, and the open Internet.

"Agendas for the Dec. 8 and Dec. 15 workshops will be made available soon, as will dates and times for the January workshops. All workshops will be open to the public; however, admittance will be limited to the seating available. Audio/video coverage of the workshops will be broadcast live with open captioning over the Web on www.openInternet.gov .

"Reasonable accommodations for persons with disabilities are available upon request. Please include a description of the accommodation you will need. Individuals making such requests must include their contact information should FCC staff need to contact them for more information. Requests should be made as early as possible. Please send an e-mail to fcc504@fcc.gov or call the Consumer & Governmental Affairs Bureau: 202-418-0530 (voice), 202-418-0432 (TTY).

For additional information about the workshops, visit www.openInternet.gov .

--FCC--

12/3/09 FCC Announces Initial Public Workshops for Open Internet Proceeding.
News Release: Word | Acrobat

Thursday, December 03, 2009

[Notice] Comment Sought On Transition From Circuit-Switched Network To All-Ip Network

Comment Date: December 21, 2009 In the American Recovery and Reinvestment Act of 2009 (“Recovery Act”), Congress directed the Commission to create a national broadband plan by February 17, 2010, that seeks to “ensure that all people of the United States have access to broadband capability and … establish[es] benchmarks for meeting that goal.” Among other things, the Commission is to provide “an analysis of the most effective and efficient mechanism for ensuring broadband access by all people of the United States” and “a detailed strategy for achieving affordability of such service and maximum utilization of broadband infrastructure and service by the public.”

Broadband itself is a leading indicator of the major transitions in communications technology and services provided by incumbents and new entrants into virtually every segment of the communications industry. No longer is broadband simply another service—it is a growing platform over which the consumer accesses a multitude of services, including voice, data, and video in an integrated way across applications and providers.

Driven by technology and market forces, this evolution of communications services to broadband creates many opportunities for our country, but it also has a significant impact on the circuit switched Public Switched Telephone Network (PSTN), a system that has provided, and continues to provide, essential services to the country. Our country has been through other communications transitions, such as the transition from analog mobile service to digital mobile service or the transition from analog broadcast television to digital broadcast television. While each transition is different, policy has played an important role in ensuring consumers were protected from loss of essential services and were informed of the choices presented by the transition. Policy also has played a role in providing a glide path for all industry players, enabling more efficient planning and adjustment over the course of the transition.

The intent of this Public Notice is to set the stage for the Commission to consider whether to issue a Notice of Inquiry (NOI) relating to the appropriate policy framework to facilitate and respond to the market-led transition in technology and services, from the circuit switched PSTN system to an IP-based communications world.

In the spirit of understanding the scope and breadth of the policy issues associated with this transition, we seek public comment to identify the relevant policy questions that an NOI on this topic should raise in order to assist the Commission in considering how best to monitor and plan for this transition. In identifying the appropriate areas of inquiry, we seek to understand which policies and regulatory structures may facilitate, and which may hinder, the efficient migration to an all IP world. In addition, we seek to identify and understand what aspects of traditional policy frameworks are important to consider, address, and possibly modify in an effort to protect the public interest in an all-IP world. For example, one line of questioning that a Notice of Inquiry may pursue is how to continue ensuring appropriate protections for and assistance to people with disabilities in the transition to an IP-based communications world. Another could focus on the role of carrier of last resort obligations. In this Public Notice, we seek comment on what policy areas should be understood in considering how best to prepare for the transition from the circuit-switched to the IP-based communications world.

This matter shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules. See 47 C.F.R. §§ 1.1200, 1.1206. Persons making oral ex parte presentations are reminded that memoranda summarizing the presentations must contain summaries of the substance of the presentations and not merely a listing of the subjects discussed. More than a one- or two-sentence description of the views and arguments presented generally is required. See 47 C.F.R. § 1.1206(b). Other rules pertaining to oral and written ex parte presentations in permit-but-disclose proceedings are set forth in section 1.1206(b) of the Commission's rules, 47 C.F.R. § 1.1206(b).

All comments should refer to GN Docket Nos. 09-47, 09-51, and 09-137.

Please title comments responsive to this Notice as “Comments – NBP Public Notice #25.

Filers using the Commission's Electronic Comment Filing System (ECFS) should enter the following text in the “Custom Description” field in the “Document(s)” section of the ECFS filing page: “Comments – NBP Public Notice # 25”.

Comments may be filed using (1) the Commission's Electronic Comment Filing System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies. Comments can be filed through the Commission's ECFS filing interface located at the following Internet address: http://www.fcc.gov/cgb/ecfs/. Comments can also be filed via the Federal eRulemaking Portal: http://www.regulations.gov. Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties who choose to file by paper must file an original and four copies of each filing.

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

• The Commission's contractor will receive hand-delivered or messenger-delivered paper filings for the Commission's Secretary at 236 Massachusetts Avenue, N.E., Suite 110, Washington, D.C. 20002. The filing hours at this location are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes 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 mail, Express Mail, and Priority Mail should be addressed to 445 12th Street, S.W., Washington, D.C. 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 and Governmental Affairs Bureau at (202) 418-0530, (202) 418-0432 (TTY).

For further information about this Public Notice, please contact Randy Clarke at (202) 418-1500.

- FCC -

DA 09-2517

Released: December 1, 2009

NBP Public Notice # 25

PLEADING CYCLE ESTABLISHED

GN Docket Nos. 09-47, 09-51, 09-137

Wednesday, December 02, 2009

[Order & NPRM] FCC Releases E-rate Funding Year 2010 Eligible Services List, and Seeks Further Comment on Eligible Services.

In Re Schools and Libraries Universal Service Support Mechanism, CC Docket No. 02-6, Report and Order, and Further Notice of Proposed Rulemaking (Dec. 2, 2009)

In this report and order and further notice of proposed rulemaking, we address and seek comment on issues regarding the services eligible for funding under the schools and libraries universal service support mechanism, also known as the E-rate program. First, we modify our rules to expressly include interconnected voice over Internet protocol (VoIP) and text messaging as eligible services under the E-rate program. Second, we release the list of services that will be eligible for discounts for E-rate funding year 2010. Finally, we seek further comment on the eligibility of certain services in future funding years, as well as on proposed changes to the process for determining the services that will be eligible for support under the E-rate program.

In the report and order, we conclude that interconnected VoIP service is eligible for E-rate support and should continue to be an eligible service under the E-rate program. We also conclude that text messaging is eligible for E-rate support. In response to the 2010 ESL Public Notice , we clarify the E-rate program eligibility of video on-demand servers, ethernet, web hosting, wireless local area network (LAN) controllers, and virtualization software. We find that telephone broadcast messaging, unbundled warranties, power distribution units, softphones, interactive white boards, and e-mail archiving are ineligible for E-rate program funding. F inally, we release the Eligible Services List (ESL) for E-rate funding year 2010.

In the further notice of proposed rulemaking, we seek comment on whether particular services should be designated as eligible for E-rate support in funding year 2011 and beyond. Specifically, we tentatively conclude that the ESL should not include separately-priced firewall services, anti-virus/anti-spam software, scheduling services, and wireless Internet access applications. Also, we tentatively conclude that web hosting should not be eligible for funding under the E-rate program, or, alternatively, should only be eligible for E-rate program funds as a Priority 2 service. In the further notice w e also tentatively conclude that we should change our rules to establish that specific eligible products and services should be listed in the ESL as opposed to being listed individually in the rules. We seek comment on our tentative conclusions on the process for developing the ESL, including requiring the Universal Service Administrative Company (USAC) to submit any proposed changes to the ESL to the Commission no later than March 30 th of each year. Finally, we tentatively conclude to revise our rules to eliminate the requirement that the ESL be released by public notice, which would provide the Commission the flexibility to release the ESL by order .

12/2/09 FCC Releases E-rate Funding Year 2010 Eligible Services List, and Seeks Further Comment on Eligible Services.
Order and FNPRM: Word | Acrobat
Eligible Services List: Acrobat

Comment Date: (30 days after publication in the Federal Register)
Reply Comment Date: (45 days after publication in the Federal Register)

[Notice] FCC's Office Of Engineering & Technology Establishes Technical Advisory Process For Open Internet Proceeding And Announc

The Federal Communications Commission (FCC) today announced that the Chief of the FCC's Office of Engineering & Technology (OET) has established a Technical Advisory Process to ensure that decisions in the Commission's proceeding on the open Internet reflect a thorough understanding of current technology and future technology trends. The process will provide an inclusive, open, and transparent forum for obtaining the best technical data and insights from a broad range of stakeholders, including through a public workshop on December 8, 2009 in the Commission meeting room.

The Technical Advisory Process was called for in the FCC's October 22, 2009 Notice of Proposed Rulemaking, “In the Matter of Preserving the Open Internet, Broadband Industry Practices” (FCC 09-93), GN Docket No. 09-191, WN Docket 07-52, which proposed draft rules to preserve the open Internet. OET has now established a technical working group comprised of engineers and technologists from across the FCC's bureaus and offices to receive information from stakeholders on the technical issues in the open Internet proceeding. The working group will hold ex parte meetings with engineers and other interested parties to understand the range of views in the technical community on the issues presented by the open Internet rulemaking, identify any areas of common ground between stakeholders, and clarify the scope of key differences. In addition, FCC engineers from the working group will be integrated into other teams within the Commission considering the various issues raised in the open Internet proceeding.

The Technical Advisory Process will include a workshop on December 8, 2009 starting at 10 a.m. in the Commission meeting room, which will be open to the public and live streamed via the Internet. The workshop will consist of tutorial presentations by experts on network management practices for various Internet access service delivery platforms, followed by questions from the Commission's technical working group and members of the public.

An agenda for the workshop will be made available soon. The workshop will be open to the public; however, admittance will be limited to the seating available. Audio/video coverage of the workshop will be broadcast live with open captioning over the Internet from the website for this proceeding at http://www.openinternet.gov .

. . . . .

-FCC-

12/2/09 Federal Communications Commission's Office of Engineering and Technology Establishes Technical Advisory Process for Open Internet Proceeding and Announces Workshop. News Release: Word | Acrobat

Tuesday, November 03, 2009

FTC Investigating Virtual Worlds

Back in March, as a part of the appropriations process, Congress inserted the following curious language:

“The Committee is concerned about reports of explicit content that can be easily accessed by minors on increasingly popular virtual reality web programs. The Committee directs the FTC to issue a consumer alert to educate parents on the content that is available to children on virtual reality web programs. In addition, no later than 9 months after enactment of this Act, the Commission shall submit a report to the Appropriations Committee discussing the types of content on virtual reality sites and what steps, if any, these sites take to prevent minors from accessing content.”

House Report 110-920 - FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS BILL, 2009. According to reports, the FTC is hard at work researching and preparing a report on virtual worlds. The report is due to Congress December 11. It does not appear that there was a request for comments to the public.

Members of Congress have previously expressed concern over youth access to adult content in virtual worlds. Member of Congress Mark Kirk sent a letter to the FTC is the Spring of 2008 asking for a consumer alert warning of the dangers of virtual worlds.

Kirk said he knew of no cases in which children were targeted by sexual predators on Second Life, but he said he considers the virtual world an emerging danger.

. . . .

"If you ask: Do you know about MySpace? The average parent will say yes," Kirk said. "But the average parent doesn't know anything about Second Life."

Linden Lab has two virtual districts, one for people 18 and older and one for users age 13 to 17, but company officials have acknowledged it is possible for adults to get into the teen district and for children to get into the adult district, according to news accounts.

In January 2009, the FTC released its Consumer Alert, Virtual Worlds and Kids: Mapping the Risks. As the FTC noted, a key problem is the lack of age verification online. The FTC's advice was a similar refrain:

How can you help your kids avoid content — or virtual spaces — that may be inappropriate for them? Start by talking to them about where they're going online — and how they're getting there, if not through the family computer. Help them understand that personal information about themselves, family members, and friends should stay private; you also can talk to them about avoiding sex talk or sexual situations online.

If your child visits a virtual world, you may want to check it out, too. Get to know what's on the site, the privacy protections it offers, and how it verifies the ages of site visitors.

If your child gets really interested in online gaming or virtual worlds, watch for changes in their patterns of behavior that could indicate an unhealthy obsession. Nobody knows your child better than you do, so you're best placed to know what sites may be appropriate for your child.

The FTC refers parents to its OnGuard Online project for additional information.

Second Life, one of the premier virtual worlds, has created a parallel virtual world, Teen Second Life, for kids age 13-17.

A lot of this issue turns on age verification. Some media reports indicate that the FTC will recommend age verification requirements. However previous examinations of age verification have concluded that it is a very problematic issue. The COPA Commission stated

  • Use of a credit card verification system to access harmful to minors material can be effective to protect minors from accessing some harmful to minors material. A large number of sites operated by the commercial online adult content industry use this system now, but they may still make some images available for free.
  • This system's limitations include the fact that some children have access to credit cards, and it is unclear how this system would apply to sites outside the US. It is not effective at blocking access to chat, newsgroups, or instant messaging. Delay in billing means that unauthorized access to harmful to minors materials could occur.
  • Credit card systems are readily available, but it may be difficult or burdensome for small or non-commercial sites to implement card verification systems. This system would make some content inaccessible to those users without credit cards.
  • This approach imposes moderate costs on consumers and other end-users, who must have a credit card and accept risks in providing it to sites. This approach imposes high costs on publishers, who must pay to verify cards. Use for verification without putting through a charge is viewed with disfavor by the credit card industry.

Parry Aftab reported noted that age verification based on credit cards would create barriers to online access and interactivity, discriminating against those without credit cards.

Government Activity

Education

Links

News

Friday, October 30, 2009

[PR] Steven Waldman Named To Lead Commission Effort On Future Of Media In A Changing Technological Landscape

WASHINGTON -- Federal Communications Commission Chairman Julius Genachowski announced today the appointment of Steven Waldman, a highly respected Internet entrepreneur and journalist, to lead an agency-wide initiative to assess the state of media in these challenging economic times and make recommendations designed to ensure a vibrant media landscape.

Earlier this month, the bipartisan Knight Commission on the Information Needs of Communities in a Democracy called for “new thinking” to “ensure the information opportunities of America's people and the information vitality of our democracy” and proposed FCC action. The Pew Project for Excellence in Journalism has highlighted the dire circumstances for newspapers, and both the Knight report and a recent study from Columbia Graduate School of Journalism called for a full reassessment of the media marketplace both inside and outside of government, including at the FCC.

Waldman is the Co-Founder, President, and Editor-in-Chief of Beliefnet.com, the largest multi-faith Web site for religion and inspiration, and served as its CEO from 2002 until 2007, when it was acquired by News Corporation. Under his leadership, Beliefnet won the top editorial awards on the Internet, including the General Excellence Award from the Online News Association and the National Magazine Award for General Excellence Online.

Waldman, who will join the Office of Strategic Planning and serve as Senior Advisor to the Chairman, will work with the relevant FCC bureaus and lead an open, fact-finding process to craft recommendations to meet the traditional goals of serving the public interest and making sure that all Americans receive the information, educational content, and news they seek. He will step down from Beliefnet and News Corporation and discontinue his blog and the regular column he writes for Wall Street Journal Online.

“A strong consensus has developed that we're at a pivotal moment in the history of the media and communications, because of game-changing new technologies as well as the economic downturn,” said Genachowski. “Highly respected entities have called on the FCC to assess these issues. At such a moment, it is important to ensure that our policies promote a vibrant media landscape that furthers long-standing goals of serving the information needs of communities. The initiative is intended to identify the best ideas for achieving those goal, while recognizing that government must be scrupulous in abiding by the First Amendment and never dictating or controlling the content of the news or other communications protected by the First Amendment.”

“Steve Waldman is uniquely qualified to look at this shifting terrain and make sure we meet this moment wisely,” Genachowski said. “He was an award-winning journalist in traditional media and then became an Internet pioneer -- launching, running, and bringing to profitability one of the great content success stories. He's also known for his even-handedness and has garnered respect from people of widely different ideologies and approaches.”

Before creating Beliefnet, Waldman served as National Editor of US News & World Report and was National Correspondent for Newsweek . He's author of the New York Times bestseller FOUNDING FAITH: Providence, Politics, and the Birth of Religious Freedom in America. He also served as Senior Advisor to the CEO of the Corporation for National Service in the 1990s. His work has appeared in numerous publications including The Wall Street Journal , The Washington Post, National Review Online, Huffington Post, The Atlantic, ChristianityToday.com, The Washington Monthly and Slate .

He has been a regular commentator on national television and radio programs including Fox & Friends, Fox Business, Good Morning America, The Today Show, CNN Headline News, ABC World News With Charles Gibson, NPR's All Things Considered and On the Media , and many others. He was named a “Spiritual Innovator” by Time magazine.

“I'm excited by many of the new media's innovations and, at the same time, concerned about the challenges facing American journalism, which potentially harm citizens' ability to get information they need and hold leaders accountable,” said Waldman. “Most solutions will come from the private and nonprofit sectors. But government rules already affect the media landscape in profound ways so it's imperative that we both vigorously protect the First Amendment and determine which media policies make sense, which don't. Unwise government policies can undermine business models and hinder innovation. Smart policy can help businesses, facilitate innovation, and ensure a thriving media marketplace.”

--FCC--

STEVEN WALDMAN NAMED TO LEAD COMMISSION EFFORT ON FUTURE OF MEDIA IN A CHANGING TECHNOLOGICAL LANDSCAPE. News Release. News Media Contact: Jen Howard at (202) 418-0506, email: Jen.Howard@fcc.gov OCH
http://hraunfoss.fcc.gov/ edocs_public/attachmatch/DOC- 294328A1.doc
http://hraunfoss.fcc.gov/ edocs_public/attachmatch/DOC- 294328A1.pdf
http://hraunfoss.fcc.gov/ edocs_public/attachmatch/DOC- 294328A1.txt

Friday, October 23, 2009

[FCC RFC] Preserving the Open Internet NPRM

10/22/09 News Release: Word | Acrobat

In the next chapter of a longstanding effort to preserve the free and open Internet, the Federal Communications Commission is seeking public input on draft rules that would codify and supplement existing Internet openness principles.

In addition to providing greater predictability for all stakeholders, the Notice is aimed at securing the many economic and social benefits that an open Internet has historically provided. It seeks to do so in a manner that will promote and protect the legitimate needs of consumers, broadband Internet access service providers, entrepreneurs, investors, and businesses of all sizes that make use of the Internet.

The Commission has addressed openness issues in a variety of contexts and proceedings, including: a unanimous policy statement in 2005 , a notice of inquiry on broadband industry practices in 2007 , public comment on several petitions for rulemaking , conditions associated with significant communications industry mergers, the rules for the 700 MHz spectrum auction in 2007 , specific enforcement actions, and public en banc hearings. During this time period, opportunities for public participation have generated over 100,000 pages of input in approximately 40,000 filings from interested parties and members of the public.

The process today's Notice initiates will build upon the existing record at the Commission to identify the best means to achieve the goal of preserving and promoting the open Internet.

Recognizing that the proposed framework needs to balance potentially competing interests while helping to ensure an open, safe, and secure Internet, the draft rules would permit broadband Internet access service providers to engage in reasonable network management, including but not limited to reasonable practices to reduce or mitigate the effects of network congestion.

Under the draft proposed rules, subject to reasonable network management, a provider of broadband Internet access service:

  1. would not be allowed to prevent any of its users from sending or receiving the lawful content of the user's choice over the Internet;
  2. would not be allowed to prevent any of its users from running the lawful applications or using the lawful services of the user's choice;
  3. would not be allowed to prevent any of its users from connecting to and using on its network the user's choice of lawful devices that do not harm the network;
  4. would not be allowed to deprive any of its users of the user's entitlement to competition among network providers, application providers, service providers, and content providers;
  5. would be required to treat lawful content, applications, and services in a nondiscriminatory manner; and
  6. would be required to disclose such information concerning network management and other practices as is reasonably required for users and content, application, and service providers to enjoy the protections specified in this rulemaking.

The draft rules make clear that providers would also be permitted to address harmful traffic and traffic unwanted by users, such as spam, and prevent both the transfer of unlawful content, such as child pornography, and the unlawful transfer of content, such as a transfer that would infringe copyright. Further, nothing in the draft rules supersedes any obligation a broadband Internet access service provider may have -- or limits its ability -- to deliver emergency communications, or to address the needs of law enforcement, public safety, or national or security authorities, consistent with applicable law.

The Commission is also seeking comment on how it should address “managed” or “specialized” services, which are Internet-Protocol-based offerings provided over the same networks used for broadband Internet access services. While the proceeding will seek input on how best to define and treat such services, managed services could include voice, video, and enterprise business services, or specialized applications like telemedicine, smart grid, or eLearning offerings. These services may provide consumer benefits and lead to increased deployment of broadband networks.

The Notice asks how the Commission should define the category of managed or specialized services, what policies should apply to them, and how to ensure that broadband providers' ability to innovate, develop valuable new services, and experiment with new technologies and business models can co-exist with the preservation of the free and open Internet on which consumers and businesses of all sizes depend.

The Notice affirms that the six principles it proposes to codify would apply to all platforms for broadband Internet access, including mobile wireless broadband, while recognizing that different access platforms involve significantly different technologies, market structures, patterns of consumer usage, and regulatory history. To that end, the Notice seeks comment on how, in what time frames or phases, and to what extent the principles should apply to non-wireline forms of broadband Internet access, including mobile wireless.

Recognizing that the Commission's decisions in this rulemaking must reflect a thorough understanding of current technology and future technological trends, the Chief of the Commission's Office of Engineering & Technology will create an inclusive, open, and transparent process for obtaining the best technical advice and information from a broad range of engineers.

The adoption of this Notice will open a window for submitting comments to the FCC. Comments can be filed through the Commission's Electronic Comment Filing System, and are due on Thursday, January 14. Reply comments are due on Friday, March 5. In addition, the rulemaking process will include many other avenues for public input, including open workshops on key issues; providing feedback through openinternet.gov, which will include regular blog posts by Commission staff; and other new media tools, including IdeaScale, an online platform for brainstorming and rating solutions to policy challenges.

Action by the Commission, October 22, 2009, by Notice of Proposed Rulemaking (FCC 09-93). Chairman Genachowski, Commissioners Copps and Clyburn; Commissioner McDowell and Commissioner Baker concurring in part, dissenting in part. Separate statements issued by Chairman Genachowski, Commissioners Copps, McDowell, Clyburn and Baker.

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

10/22/09 Commission Seeks Public Input on Draft Rules to Preserve the Free and Open Internet. NPRM: Word | Acrobat

News Release: Word | Acrobat
Genachowski Statement: Word | Acrobat
Copps Statement: Word | Acrobat
McDowell Statement: Word | Acrobat
Clyburn Statement: Word | Acrobat
Baker Statement: Word | Acrobat
Staff Presentation: Acrobat

Notice of Inquiry: Empowering Parents and Protecting Children in an Evolving Media Landscape

Washington, D.C.: The Federal Communications Commission (FCC) today released a Notice of Inquiry (NOI) asking how children can be served and protected and parents can be further empowered in the new digital media landscape. The NOI comes almost 20 years after enactment of the Children's Television Act and follows the Commission's recently issued Child Safe Viewing Act Report, which examined parental control technologies for video and audio programming.

Children live in a dramatically different media environment from the one their parents and grandparents grew up in decades ago. From television to mobile devices to the Internet, electronic media today offer an array of opportunities to, among other things, access educational content, communicate with family and peers, and acquire the skills and technological literacy necessary to compete in a global economy. However, digital media can also pose risks of harm to children, including exposing them to exploitative advertising, inappropriate content, and cyberbullying, as well as potentially contributing to childhood obesity and other negative health impacts. The NOI asks to what extent children are using electronic media today, the benefits and risks this presents, and the ways in which parents, teachers, and children can help reap the benefits while minimizing the risks of using these technologies.

The NOI also recognizes that a wealth of academic research and studies exists on these issues and asks commenters to identify additional data and studies, and to indicate where further study is needed. The NOI additionally seeks comment about the effectiveness of media literacy efforts in enabling children to enjoy the benefits of media while minimizing the potential harms. The NOI recognizes that other federal agencies are addressing similar issues, at least with respect to online safety, and asks what the Commission can do to assist with these efforts. The deadline for filing comments is 60 days after publication in the federal register and the deadline for filing reply comments is 90 days after publication in the federal register.

Action by the Commission October 23, 2009, by Notice of Inquiry (FCC 09-94). Chairman Genachowski, Commissioners Copps, McDowell, Clyburn and Baker issuing separate statements. MB Docket No. 09-194.

10/23/09 Commission Seeks Input on Empowering Parents and Protecting Children in an Evolving Media Landscape.
NOI: Word http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-94A1.doc
Acrobat http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-94A1.pdf
News Release: Word http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294197A1.doc
Acrobat http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294197A1.pdf

Thursday, October 15, 2009

Comments Sought On Broadband Study Conducted By The Berkman Center For Internet And Society

GN Docket Nos. 09-47, 09-51, 09-137 Comment Due:  November 16, 2009

On July 14, the Commission announced in a press release that
Harvard University's Berkman Center for Internet and Society would
conduct an expert review of existing literature and studies about broadband deployment and usage throughout the world to inform the Commission's development of a National Broadband Plan. 

A draft of the study has now been completed.  The
Commission is seeking public comment on the study, and has posted the draft for public review at the following Internet address:  http://www.fcc.gov/stag/pdf/Berkman_Center_Broadband_Study_13Oct09.pdf.

Specifically, the Commission seeks comment on the following:

1.       Does the study accomplish its intended purposes?

2.       Does the study provide a complete and objective survey of the subject matter?

3.       How accurately and comprehensively does the study summarize the broadband experiences of other countries?

4.       How much weight should the Commission give to this study as it develops a National Broadband Plan?

5.       Are additional studies needed along the lines of the Berkman study?

6.       Please provide any other comments on the Berkman study that you deem relevant.

. . . . .

All comments should refer to GN Docket Nos. 09-47, 09-51 and 09-137. 
Please title comments responsive to this Notice as "Comments – NBP
Public Notice # 13."  Further, we strongly encourage parties to develop responses to this Notice that adhere to the organization and structure of the questions in this Notice. 

Comments may be filed using (1) the Commission's Electronic Comment Filing System (ECFS), (2) the Federal Government's eRulemaking Portal, or (3) by filing paper copies.[1]  Comments can be filed through the Commission's ECFS filing interface located at the following Internet address: http://www.fcc.gov/cgb/ecfs/.  Comments can also be filed via the Federal eRulemaking Portal:  http://www.regulations.gov.[2] 

. . . . .

For further information about this Public Notice, please contact Randy
Clarke at (202) 418-1500.

- FCC -

NBP Public Notice # 13 DA 09-2217 Released:  October 14, 2009

10/14/09 Comments Sought on Broadband Study Conducted by The Berkman
Center for Internet and Society. Public Notice:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2217A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2217A1.pdf

 

Friday, October 02, 2009

It's Cyber Security Awareness Month!

DHS or the National Cyber Security Alliance or someone has declared October National Cyber Security Awareness Month. So if you aren't already aware of your personal information getting pillaged on Facebook by the "What Star Trek Character Are You" application -- or having your computer infected by the "Your Computer May Already be Infected - Download This Tool Now" pop up add," -- or that there is a deposed leader in Nigeria that wants to share $10 million with you -- NOW it a good time to become aware of such things!

And what better time to point out that the good folks at OnGuard Online (a joint effort of a bunch of federal agencies and NGOs) have just released their latest: NetCetera: Chatting with Kids about Being Online.
Net Cetera
In Net Cetera: Chatting With Kids About Being Online, OnGuard Online gives adults practical tips to help kids navigate the online world.

Kids and parents have many ways of socializing and communicating online, but they come with certain risks. This guide encourages parents to reduce the risks by talking to kids about how they communicate – online and off – and helping kids engage in conduct they can be proud of. Net Cetera covers what parents need to know, where to go for more information, and issues to raise with kids about living their lives online.

OnGuard Online encourages you to use this guide with your kids, in your school, at your PTA meeting, or anywhere else parents might gather. Feel free to order as many free copies as you’d like, put your own sticker on it, reprint sections in a newsletter or on a website, download a button or link to it, or even reprint it with your own logo. These materials are in the public domain.

To order free copies of Net Cetera, visit bulkorder.ftc.gov. To find out more about reprinting the guide, contact OnGuardOnline@ftc.gov.

OnGuard Online is seeking to partner with school districts on a pilot program using this guide. If your school district might be interested, please contact us at OnGuardOnline@ftc.gov.

There are lots of worms, viruses and other beasties out there on the Internet. You can do a lot to protect yourself and decrease your risks. But ya gotta be smart. I am always amazed by my friends who get lots of telemarketing calls and then complain about them. I ask, "well, at the check out stand when they ask for your phone number, do you give it to them??" They pause with a dumb look on their faces. "Well sure, but..." I shake my head. Dont give no personal information to no one. Dont use your correct birthday. Dont list your actual height. In fact, pretty much make up an entirely fictional character and then live vicariously through it! (okay, joking). Be smart out there; it a dangerous marvelous Internet.

Thursday, October 01, 2009

Press Release: Commerce's NTIA and ICANN Establish a Long-Lasting Framework for the Technical Coordination of the Internet’s Domain Name and Addressing System

For Immediate Release: September 30, 2009
Contact:  Shannon Gilson at 202-482-4883

WASHINGTON - The U.S. Department of Commerce's National Telecommunications and Information Administration (NTIA) announced today that it has reached an agreement with the Internet Corporation for Assigned Names and Numbers (ICANN) that establishes a long-lasting framework for the technical coordination of the Internet's domain name and addressing system (DNS).

NTIA and ICANN co-signed an Affirmation of Commitments that completes the transition of the technical management of the DNS to a multi-stakeholder, private-sector-led model. The Affirmation ensures accountability and transparency in ICANN's decision-making with the goal of protecting the interests of global Internet users.  The Affirmation also establishes mechanisms to address the security, stability, and resiliency of the Internet DNS as well as promote competition, consumer trust, and consumer choice.

"Today's announcement bolsters the long-term viability of the Internet as a force for innovation, economic growth, and freedom of expression," said Assistant Secretary for Communications and Information and NTIA Administrator Lawrence E. Strickling.  "This framework puts the public interest front and center, and it establishes processes for stakeholders around the world to review ICANN's performance. The Affirmation of Commitments also reinforces a long-standing relationship between ICANN and the Department of Commerce. The Department looks forward to playing an active role along with other stakeholders in ensuring that ICANN is successful, accountable, and transparent."

The Affirmation is consistent with public comments submitted to NTIA earlier this year that reflected strong support for the model of multi-stakeholder, private-sector-led coordination of the DNS that ICANN represents, but also expressed continuing concerns about ICANN's transparency and accountability in decision-making.

The DNS is a critical component of the Internet infrastructure that works like a telephone directory, allowing users to send e-mail and to reach Web sites using easy-to-understand domain names (e.g., http://commerce.gov) rather than the numeric network server addresses (e.g., http://170.110.225.163) of the computers on the Internet.

U.S. Department of Commerce's NTIA serves as the executive branch agency principally responsible for advising the President on communications and information policy.  For more information about the NTIA, visit www.ntia.doc.gov.

# # #

• Affirmation of Commitments (Acrobat PDF 1.9Mb)

http://www.ntia.doc.gov/press/2009/ICANN_Affirmation_090930.html

FTC Seeks Public Comments on the Future of the News Media in the Internet Age

The Federal Trade Commission is seeking public comments in advance of upcoming workshops that will explore the Internet's impact on the news media, including the new avenues for innovation and the financial challenges that it has created for the industry. The workshops on Dec. 1-2, 2009 will consider a wide range of issues, such as Internet-related changes in advertising and the way people receive news, ideas for reducing costs and restructuring news organizations, potential for-profit and non-profit models for journalism, and the evolving competition among news organizations.

In a notice to be published in the Federal Register, the FTC is asking for input on a series of questions to be addressed in the workshops, including:

    • How is the Internet changing the way consumers access news and how advertising dollars are spent?

    • What economic challenges do news organizations face today?

    • What cost-cutting measures have news organizations considered? Which have they adopted, and how have they affected the provision of news to consumers?

    • What collaborations are news organizations undertaking or considering to deal with financial challenges brought about by the Internet?

    • How is the Internet changing the way news organizations and others research, write, edit, produce, and distribute news?

    • What innovative forms of journalism have emerged due to the Internet?

    • What are the business models, including the revenue sources, for journalism on the Internet?

    • How are news organizations likely to compete for audience and advertising in the future?

    • Are new or changed government policies needed to support optimal amounts and types of journalism, including public affairs coverage?

    • Should the tax code be modified to provide special status or tax breaks to all or certain types of news organizations?

    • Do current U.S. copyright protections provide enough incentive to create news content?

    • Should the federal government provide additional funding for news organizations?

The Commission will consider comments received by November 6, 2009, in preparing for the workshops; later comments will be accepted as well.

Participants in the FTC workshops will include journalists, editors, owners, and other representatives of news organizations, online advertisers, new media representatives (such as bloggers and local news Web sites), consumer advocates, academics, economists, and government officials. The FTC will post an agenda for the workshops at a later time.

The workshops will be held from 8:30 a.m. to 5 p.m. each day at the FTC's satellite building conference center, located at 601 New Jersey Avenue, N.W., Washington, DC. All attendees will be required to display a current driver's license or other form of photo identification for entry.

For more information about the workshops, please visit http://www.ftc.gov/opp/workshops/news/index.shtml. To file comments, visit: http://public.commentworks.com/ftc/newsmediaworkshop. The Commission vote approving the Federal Register notice announcing the workshops and soliciting public comments was 4-0.

Reasonable accommodations for people with disabilities are available upon request. Requests for such accommodations should be submitted via e-mail to: cmcglothin@ftc.gov or by calling Carrie McGlothin at 202-326-3388. Such requests should include a detailed description of the accommodations needed and a way to contact you if we need more information.

Copies of the documents mentioned in this release are available from the FTC's Web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC's online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC's Web site provides free information on a variety of consumer topics.

MEDIA CONTACT:
    Office of Public Affairs
    202-326-2180
STAFF CONTACT:
    Jessica Hoke
    Office of Policy Planning
    202-326-3291

(FTC File No. P091200)
(MediaWorkshop) For Release: 09/30/2009
FTC Seeks Public Comments on the Future of the News Media in the Internet Age

The Federal Trade Commission is seeking public comments in advance of upcoming workshops that will explore the Internet's impact on the news media, including the new avenues for innovation and the financial challenges that it has created for the industry. The workshops on Dec. 1-2, 2009 will consider a wide range of issues, such as Internet-related changes in advertising and the way people receive news, ideas for reducing costs and restructuring news organizations, potential for-profit and non-profit models for journalism, and the evolving competition among news organizations.

In a notice to be published in the Federal Register, the FTC is asking for input on a series of questions to be addressed in the workshops, including:

    • How is the Internet changing the way consumers access news and how advertising dollars are spent?

    • What economic challenges do news organizations face today?

    • What cost-cutting measures have news organizations considered? Which have they adopted, and how have they affected the provision of news to consumers?

    • What collaborations are news organizations undertaking or considering to deal with financial challenges brought about by the Internet?

    • How is the Internet changing the way news organizations and others research, write, edit, produce, and distribute news?

    • What innovative forms of journalism have emerged due to the Internet?

    • What are the business models, including the revenue sources, for journalism on the Internet?

    • How are news organizations likely to compete for audience and advertising in the future?

    • Are new or changed government policies needed to support optimal amounts and types of journalism, including public affairs coverage?

    • Should the tax code be modified to provide special status or tax breaks to all or certain types of news organizations?

    • Do current U.S. copyright protections provide enough incentive to create news content?

    • Should the federal government provide additional funding for news organizations?

The Commission will consider comments received by November 6, 2009, in preparing for the workshops; later comments will be accepted as well.

Participants in the FTC workshops will include journalists, editors, owners, and other representatives of news organizations, online advertisers, new media representatives (such as bloggers and local news Web sites), consumer advocates, academics, economists, and government officials. The FTC will post an agenda for the workshops at a later time.

The workshops will be held from 8:30 a.m. to 5 p.m. each day at the FTC's satellite building conference center, located at 601 New Jersey Avenue, N.W., Washington, DC. All attendees will be required to display a current driver's license or other form of photo identification for entry.

For more information about the workshops, please visit http://www.ftc.gov/opp/workshops/news/index.shtml. To file comments, visit: http://public.commentworks.com/ftc/newsmediaworkshop. The Commission vote approving the Federal Register notice announcing the workshops and soliciting public comments was 4-0.

Reasonable accommodations for people with disabilities are available upon request. Requests for such accommodations should be submitted via e-mail to: cmcglothin@ftc.gov or by calling Carrie McGlothin at 202-326-3388. Such requests should include a detailed description of the accommodations needed and a way to contact you if we need more information.

Copies of the documents mentioned in this release are available from the FTC's Web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC's online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,700 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC's Web site provides free information on a variety of consumer topics.

MEDIA CONTACT:
    Office of Public Affairs
    202-326-2180
STAFF CONTACT:
    Jessica Hoke
    Office of Policy Planning
    202-326-3291

(FTC File No. P091200)
(MediaWorkshop)

http://www.ftc.gov/opa/2009/09/media.shtm

Wednesday, September 30, 2009

Flag this message Invitation to Oct 8, 2009, meeting of the National Academies' Computer Science and Telecommunications Board

Dear friend of CSTB,

We hope you'll be able to join us on October 8, 2009, for the fall
meeting of the Computer Science and Telecommunications Board (CSTB) of
the National Academies.

Our first speaker will be Vivek Kundra, Federal Chief Information
Officer & Administrator for E-Gov & IT, Office of Management and Budget.

Our second speaker will be CSTB chief scientist Herb Lin who will
present CSTB's new report, "Technology, Policy, Law, and Ethics
Regarding U.S. Acquisition and Use of Cyberattack Capabilities." The
report concludes that although cyberattack capabilities are an important asset for the U.S., the current policy and legal framework for their use is ill-formed, undeveloped, and highly uncertain and recommends that U.S. policy be informed by an open and public national debate on technological, policy, legal, and ethical issues they pose.

The session will run from 3:30 to 5:15 at the National Academies' Keck
Center at 500 5th St, NW, in Washington D.C. A reception will
immediately follow the talks.

The Keck Center is located between the Gallery Place and Judiciary
Square Metro stations. Free parking is available in the Academies'
garage (entrance on 6th St. between E and F Streets).

If you plan to attend, we would appreciate it if you would pre-register
at
http://www8.nationalacademies.org/isc-registration/public/default.asp?ev
ent=619F8F10

Please feel free to forward this invitation to colleagues who might also be interested.

Tuesday, September 29, 2009

Job Opening: ICANN VP Govt Affairs Wash DC

Vice President, Government Affairs (Americas)
Tracking Code
OHVPGOVTAFFRS
Job Description

http://tinyurl.com/y8oyst5

The newly created position of Vice President, Government Affairs (Americas) will have primary responsibility for policy development and advocacy before the U.S., Latin America, and Canadian governments. This position will oversee all levels of government affairs activities for both legislative and regulatory issues.

He/she must have extensive leadership and political experience as well as the ability to successfully organize and execute ICANN's policy, political and business objectives at the federal and international levels.

The successful candidate will lead the design and execution of government affairs strategies to advise and educate Members of Congress, Congressional staffers, key policy makers, and federal regulatory officials about ICANN.

The Vice President will be required to develop and implement an aggressive strategic plan for successfully achieving specific legislative and policy results that are favorable to ICANN. The successful candidate must possess significant political acumen and have established bi-partisan contact with Members of Congress, Congressional staff, agency legislative affairs offices, and have contacts in the Administration specifically in the Department of Commerce and at The White House. He/She must have a proven ability to build strong internal working relationships while serving as an advocate for Government Affairs and supporting ICANN's business objectives.

The successful candidate will have a strong understanding of telecommunications, technology, and internet policy. A keen familiarity with intellectual property and intelligence issues is also highly desirable. Moreover, the Vice President, Government Affairs will be charged with preserving and enhancing ICANN's critically important relationships on Capitol Hill, with federal agencies, as well as with relevant trade associations and top policy makers.

Specific Responsibilities include:

• Serving as head of government affairs responsible for the direction and supervision of the organization's government affairs staff, and outside vendors/contractors.

• Ensuring that activities are in full compliance with applicable laws, and adhering to the highest ethical standards.

• Identifying public policy issues, opportunities and challenges of interest and concern to ICANN and developing programs and actions in response to those issues.

• Providing sensible counsel to senior management on the impact of North American government policies, laws, and regulations.

• The ability to research and identify political operational risks and reputational risks to the organization arising from federal political discourse and policy changes.

• Advise management on any legislative and regulatory policy changes requiring management action to implement new organization-wide policies.

• Serving as the main spokesperson for ICANN government affairs activities.

• Providing significant organizational brand visibility with key government decision makers in Washington, DC. This includes the responsibility for assuring effective government affairs communications with key politicians, regulators, federal agencies, trade associations and other influential individuals and groups in order to listen to their concerns about ICANN and to provide them with timely and effective, credible communications on policy issues and legislation.

• Acting as a visionary who can formulate and communicate the public policy and government affairs direction of the organization, set strategy and manage the government affairs division's continued evolution and growth. Must have the ability to translate the overall vision into practical plans that promote the organization's objectives through compelling advocacy and consensus building in government affairs.

• The ability to persuasively communicate complex concepts and programs at the highest levels of government and business.

• A proven ability to work comfortably and effectively with top-level government officials along the entire political spectrum.

• Executive presence, a dynamic professional style and the ability to inspire confidence in senior managers within the organization and with external constituencies.

• Providing leadership and mentoring to one professional staff member, as well as overseeing the administrative management of the department; i.e. staffing, budgeting and office operations. Developing an annual budget, review/approve expenses.