Friday, December 17, 2010

12.17 :: NN :: OI :: ACPA :: XXX :: The Best That Could Be Hoped For :: Blogging is Dead :: I See Consensus ::

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CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
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It is my heart-warm and world-embracing Christmas hope and aspiration
that all of us, the high, the low, the rich, the poor, the admired,
the despised, the loved, the hated, the civilized, the savage (every
man and brother of us all throughout the whole earth), may eventually
be gathered together in a heaven of everlasting rest and peace and
bliss, except the inventor of the telephone.
- Mark Twain (Caroline Harnsberger's Mark Twain at Your Fingertips)

Comcast Continues Discussions With Level 3 -- Offers to Trial New
Solutions, COMCAST
While we continue to believe the peering dispute that Level 3
initiated with Comcast is best resolved through discussions between
engineers and business people, we think it is important to give a
status update to the Internet community.
http://blog.comcast.com/2010/12/comcast-continues-discussions-with-level-3----offers-to-trial-new-solutions.html
More Info: http://www.cybertelecom.org/broadband/backbone.htm

Congressional Research Service Analysts Complaining About Blocked
Access To Wikileaks, Techdirt
With the Library of Congress blocking access to Wikileaks over some
misguided notion of what its legal responsibilities are, Copycense
points us to a report about how librarians across the nation are now
arguing over whether or not this was the right move, with many feeling
that it was decidedly a bad move.
http://www.techdirt.com/articles/20101213/01240212254/congressional-research-service-analysts-complaining-about-blocked-access-to-wikileaks.shtml
More Info: http://www.cybertelecom.org/cda/firsta.htm

Joshua Dubnow, Ensuring Innovation as the Internet Matures: Competing
Interpretations of the Intellectual Property Exception to the
Communications Decency Act Immunity (Fall 2010), NWJTIP
Several cases have arisen recently, where an individual has sued a
website or internet service for allowing a third-party to write or
publish information that could damage the individual's reputation.
That individual then sued to hold the internet service liable. A split
is likely developing between circuit courts regarding whether the CDA
https://www.law.northwestern.edu/journals/njtip/v9/n3/9/Dubnow.pdf
More Info: http://www.cybertelecom.org/cda/samaritan.htm

Net neutrality supporters question Genachowski plan, CW
Many groups that want net neutrality rules don't like a proposal from
the FCC's chairman.
http://www.computerworld.com/s/article/9201195/Net_neutrality_supporters_question_Genachowski_plan?source=rss_news
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Will FCC Neutrality Rules Make Things Better Or Worse? - Franken:
"Worse." FTC head: "the best that could be hoped for.", dslreports
While the public has yet to see the FCC's neutrality proposal up for a
vote on the twenty first, policy makers (and we'll assume major
carrier lobbyists) are keeping well abreast of the rules as they get
worked over by regulators. Senator Al Franken, for what it's worth to
you, hasn't seen the rules but believes they're going to make things
worse. Why? For one an early draft supposedly explicitly gave the
green light to usage-based billing plans, and sector investors are
busily salivating over the potential ability to overcharge you by the
gigabyte. The rules are
http://www.dslreports.com/shownews/Will-FCC-Neutrality-Rules-Make-Things-Better-Or-Worse-111847
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Massive Response to FCC's Net Neutrality Proceeding, WISPA
First: thanks to the hundreds of WISPA members who filed with the FCC.
This story highlights the other actors in the FCC proceeding that will
culminate in the FCC meeting on December 21, 2010. With over 10,000
filings overall and 772 ex parte filings, this snapshot can only
capture a piece of what was submitted to the FCC, but it seems clear
that the phone, cable, and cellular companies want there to be no
regulation at all,
http://www.wispa.org/?p=3686
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

The FCC's Open Internet Proposal – Lessons from Silicon Valley Edit,
Center for Internet and Society
Since I posted the letter by Zediva, an online video company, that
describes what the current Open Internet proposal would mean for them
and how the proposal should be improved to protect them and other
innovators, many have asked me about the broader lessons from Zediva's
story. Others have asked for a bit more detail about the proposed
improvements to the rules.
http://cyberlaw.stanford.edu/node/6569
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

FCC Chairman's Net Neutrality Proposal Hurts Consumers, Competition,
and Innovators, Center for Internet and Society
A week from tomorrow, the FCC may adopt a rule on Barack Obama's
signature technology campaign promise--network neutrality. From
reports of the rule, it is "fake" or "pretend" net neutrality. The
leading advocates of net neutrality have criticized the proposal, and
opponents like AT&T and Comcast have praised it.
http://cyberlaw.stanford.edu/node/6566
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

8% of online Americans use Twitter, Pew
Eight percent of online adults use Twitter. It is particularly popular
with young adults, minorities, and those who live in cities.
http://www.pewinternet.org/Reports/2010/Twitter-Update-2010.aspx
More Info: http://www.cybertelecom.org/data/statapps.htm

Everyone Uses E-mail, But Blogging Is On the Decline, Pew
Pew Internet has updated its data on how different generations are
using the Internet for 2010, and the results clearly show that the
older generations are catching up with younger Internet users, even
surpassing them in some online activities.
http://www.pewinternet.org/Media-Mentions/2010/Mashable-Generations.aspx
More Info: http://www.cybertelecom.org/data/statapps.htm

AntiCybersquatting Consumer Protection Act: The Elements of the Cause
of Action, Cybertelecom
Last time we visited the legislative history behind the
AntiCybersquatting Consumer Protection Act. Today, we will explore the
elements of an ACPA Cause of Action. An ACPA claim is, on its surface,
straightforward. As the ACPA was designed to deal with those
malcontents who seek to make land-grabs in the domain name wild west,
the legal analysis generally turns on "bad faith."In order for a
http://cybertelecom.blogspot.com/2010/12/anticybersquatting-consumer-protection.html
More Info: http://www.cybertelecom.org/dns/acpa.htm

As IPv6 mandate looms, some agencies still don't 'get it', GCN
The Federal CIO Council next month will brief the White House on the
readiness of agencies to begin their transition to the next generation
of Internet Protocols, identifying those that are prepared for the
move and those who have been found wanting -- and too many still don't
get it, said Peter Tseronis, chairman of the council's IPv6 task
force.
http://gcn.com/articles/2010/12/17/ipv6-transition-update-121710.aspx
More Info: http://www.cybertelecom.org/dns/ipv6.htm

ICANN Shelves .XXX Domain, gTLDs, Internet News
Internet naming organization postpones long-anticipated approval of
new generic Top Level Domain system and .XXX domain as world
governments raise concerns.
http://feedproxy.google.com/~r/InternetnewsRealtimeNewsForItManagers/~3/yAHwPY3RgyU/3917126
More Info: http://www.cybertelecom.org/dns/xxx.htm

Lawmakers and Legal Experts Call For Restraint in Wikileaks Hearing, EFF
The House Judiciary Committee held a surprisingly subdued hearing this
morning on the legal and constitutional issues surrounding Wikileaks'
publication activities. Committee members repeatedly emphasized the
importance of protecting First Amendment rights and cautioned against
overreaction to Wikileaks. The seven legal experts called to testify
agreed, almost all of them noting that:
http://www.eff.org/deeplinks/2010/12/lawmakers-and-legal-experts-call-for-restraint
More Info: http://www.cybertelecom.org/media/

Congressional Hearing On Wikileaks Surprisingly Focuses More On Gov't
Overly Secretive Actions, Techdirt
Earlier today, Congress held hearings about Wikileaks and, given how
the government has been reacting so far, I fully expected pure
grandstanding about how "evil" Wikileaks is and how Julian Assange
must be brought to justice. There was some of that, but it appears
much more of it was focused on how the US government was abusing the
classification system to make things secret that never should have
been secret -- and how that was the real problem. Panel chair John
Conyers apparently kicked off the hearing by saying that criminal
charges against
http://www.techdirt.com/articles/20101216/10431912304/congressional-hearing-wikileaks-surprisingly-focuses-more-govt-overly-secretive-actions.shtml
More Info: http://www.cybertelecom.org/media/

Commerce Dept. Urges Online Privacy Bill Of Rights, NPR
The proposal would create a voluntary, but enforceable industry code
of conduct to ensure that companies give consumers clear notice about
what data is being collected and exactly how it is being used.
http://www.npr.org/2010/12/16/132109064/commerce-dept-urges-online-privacy-bill-of-rights?ft=1&f=1019
More Info: http://www.cybertelecom.org/privacy/

Commerce Dept. suggests new privacy regulations, CNET
New 88-page report suggests, but stops short of formally endorsing,
new laws regulating data collection, data breaches, and cloud
computing privacy.
http://news.cnet.com/8301-31921_3-20025899-281.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/privacy/

A Call for a Federal Office to Guide Online Privacy, NYT
A Commerce Department task force is recommending that a Privacy Policy
Office would work with other agencies on international and commercial
data privacy issues.
http://feeds.nytimes.com/click.phdo?i=afee308e8e09649d6e85db41403d01c5
More Info: http://www.cybertelecom.org/privacy/

The Department of Commerce explores privacy, Google
In April the Department of Commerce announced the formation of an
Internet Policy Task Force to look at the various issues affecting
economic growth and job creation through the Internet. Today, the task
force issued its first report, a green paper on the framework that the
Commerce Department intends to apply to questions about online
privacy.
http://feedproxy.google.com/~r/GooglePublicPolicyBlog/~3/XDLowH0JZMg/department-of-commerce-explores-privacy.html
More Info: http://www.cybertelecom.org/privacy/

Internet Policy Task Force Green Paper, NTIA
Commercial Data Privacy and Innovation in the Internet Economy: A
Dynamic Policy Framework: This report recommends consideration of a
new framework for addressing online privacy issues in the United
States. (1.0 MB PDF file)
Internet Policy Task Force Green Paper
More Info: http://www.cybertelecom.org/privacy/

Statement by FTC Chairman Jon Leibowitz on Department of Commerce's
Green Paper on Consumer Privacy, FTC
The Department of Commerce's Green Paper is a welcome addition to the
ongoing dialogue about protecting consumers' privacy.
http://www.ftc.gov/opa/2010/12/greenpaper.shtm
More Info: http://www.cybertelecom.org/privacy/

FPF Statement on Department of Commerce Privacy Report, Future of Privacy
The report is a sophisticated effort to advance consumer privacy
without thwarting innovation. Although it sets a framework that will
influence legislation, it creates an alternate path for a mode of
government initiated self regulation, with advocates at the table and
the FTC providing enforcement. If businesses respond by seriously
engaging in efforts to advance fair information practices, the U.S.
has the chance to take back the international privacy leadership role
it once had."
http://www.futureofprivacy.org/2010/12/16/fpf-statement-on-department-of-commerce-privacy-report/
More Info: http://www.cybertelecom.org/privacy/

I See Consensus, People, AT&T
What I'm referring to is the consensus around, of all things, the best
way to regulate privacy on the internet. There were a few glimmers
of it in the FTC's dialogue on online privacy leading up to its report
released earlier this month. It picked up some speed during the
comment period for the NTIA's Green Paper and really takes off today
with that paper's release. I'll save you the time of reading the
nearly 80-page report by bottom-lining it for you. NTIA puts great
emphasis on a new kind of code of conduct, developed with input from
consumers, industry and
http://attpublicpolicy.com/government-policy/i-see-consensus-people/
More Info: http://www.cybertelecom.org/privacy/

Professors: TSA scanners simple to dupe, CNET
Two professors at the University of California, San Francisco say the
TSA's body scanners do not detect large, irregularly shaped objects
because they could be confused with normal anatomy.
http://news.cnet.com/8301-17852_3-20025695-71.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/security/bigbrother.htm

Study: TSA Whole Body Scanners Ineffective at Detecting Explosives, EPIC
Evidence mounts that TSA's whole-body scanners are not designed to
detect powdered explosives or other low-density materials that pose a
threat to airline safety. Leon Kaufman and Joseph W. Carlson's new
study finds that "Even if exposure were to be increased significantly,
normal anatomy would make a dangerous amount of plastic explosives
with tapered edges difficult, if not impossible to detect." Kaufman
and
http://epic.org/2010/12/study-tsa-whole-body-scanners.html
More Info: http://www.cybertelecom.org/security/bigbrother.htm

Yet Another Court Explains To The Obama Administration That The 4th
Amendment Means You Need To Get A Warrant, Techdirt
Just after an appeals court explained that, yes, emails are protected
by the 4th amendment, another appeals court has ruled that cell tower
connection info is also protected by the 4th Amendment. Basically, law
enforcement (supported by the Obama administration) have been claiming
that if they're just getting info on who was connected to a specific
cell tower, that it didn't require a warrant at all.
http://www.techdirt.com/articles/20101215/17064512293/yet-another-court-explains-to-obama-administration-that-4th-amendment-means-you-need-to-get-warrant.shtml
More Info: http://www.cybertelecom.org/security/bigbrother.htm

Breaking News on EFF Victory: Appeals Court Holds that Email Privacy
Protected by Fourth Amendment, EFF
In a landmark decision issued today in the criminal appeal of U.S. v.
Warshak, the Sixth Circuit Court of Appeals has ruled that the
government must have a search warrant before it can secretly seize and
search emails stored by email service providers. Closely tracking
arguments made by EFF in its amicus brief, the court found that email
users have the same reasonable expectation of privacy in their stored
email as they do in their phone calls and postal mail.
http://www.eff.org/deeplinks/2010/12/breaking-news-eff-victory-appeals-court-holds
More Info: http://www.cybertelecom.org/security/bigbrother.htm

Stuxnet apparently as effective as a military strike, Ars Technica
Damage from the Stuxnet virus has apparently set back the Iranian
nuclear program by as much as two years, according to a German
security expert talking to the Jerusalem Post. This makes the virus as
effective as a military strike—but without loss of life or risk of
full-blown war.
http://arstechnica.com/tech-policy/news/2010/12/stuxnet-apparently-as-effective-as-a-military-strike.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/security/cyberwar.htm

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