Wednesday, December 22, 2010

12.22 :: Still at Risk :: Coulda Been :: Fake :: Nationalizing the Internet :: Misplaced Nostalgia :: Socialism :: Sell-Out :: WTF :: Hamstrung :: Vibrant :: Workable :: Inconsistent :: Unnecessary :: Essential :: Squandered ::

CyberTelecom News
Federal Internet Law and Policy
"Never trust a computer you can't throw out a window." -- Steve

On the Waterfront With The FCC, PK
Even if you haven't seen the movie, chances are you've heard this
line: "I coulda been a contender." It came from one of the iconic
scenes in American cinema, the 1954 film, "On the Waterfront,"
starring Marlon Brando.
More Info:

A Web Divided: Twitter Reacts To Controversial Net Neutrality Vote, Huff
On Tuesday, the FCC voted to adopt a framework that aims to preserve
an "open Internet" by prohibiting Internet service providers from
discriminating in how they handle information traveling over their
More Info:

Al Franken: The Internet as We Know it Is Still at Risk, Huff
In today's net neutrality action by the Federal Communications
Commission there's good news and bad news. The good news is that,
thanks to Commissioners Copps and Clyburn -- not to mention a
nationwide network of net neutrality activists -- the proposal
approved today is better than the original circulated by FCC Chairman
Julius Genachowski. For instance, the FCC has now stated that it does
not condone discriminatory
More Info:

AT&T, Isen
Too often, well-funded ideologues have used intimidation,
vilification, and fear-mongering to advance their goal that government
control the Internet and other forms of communication without regard
for their impact on the jobs and livelihoods of millions already
challenged by a difficult economy.
More Info:

US backs net traffic regulations, BBC
US regulators approve controversial new rules meant to prohibit
broadband companies from interfering with internet traffic.
More Info:

FCC Net Neutrality Rules Slammed From All Sides, Wired
The FCC is set to vote on rules that would require the nation's ISPs
not to pick favorites on the net, but the proposal, five years in the
making, is pleasing few.
More Info:

FCC makes Net neutrality rules official, CNET
Vote essentially creates two classes of service with different rules,
one for wireless networks and the other for fixed broadband. The
agency's ability to enforce, though, may still be in question.
More Info:

Mitch McConnell Accuses Obama Of Plan To Seize Internet, Huff
Mitch McConnell took to the Senate floor Tuesday to warn that the
Obama administration is on the verge of nationalizing the Internet,
charging that the president has already seized large swaths of the
More Info:

U.S. FCC adopts Internet rules, Globe and Mail
New regulations allow flow of lawful content but also let service
providers ration network access
More Info:

FCC's Net neutrality ruling: Misplaced nostalgia, CNET
The real problem with Net neutrality advocacy is that it tries to
preserve the Internet as it looked in the mid-1990s, author Larry
Downes argues.
More Info:

How Will Net Neutrality Rules Affect Consumers?, NPR
NPR's Robert Siegel talks to reporter Marguerite Reardon
about how the FCC's new net neutrality rules will affect the consumer.
More Info:

Divided FCC Approves Net Neutrality Rules, NPR
The Federal Communications Commission has voted to adopt new rules of
the road for the Internet. The 3 to 2 vote follows years of debate
over net neutrality -- the idea that phone and cable companies that
deliver broadband to millions of Americans should treat all of the
traffic on their networks equally. Those broadband providers favor
less regulation, while technology companies and consumer advocates
continue to push for more.
More Info:

Larry Magid: FCC Network Neutrality Rules Neither Socialism nor Sell-
out, Huff
Despite what some politicians and pundits are saying, the FCC's vote
on net neutrality is neither a government takeover of the Internet nor
a complete sell-out to the telecommunications industry. Like President
Obama who appointed him, FCC Chairman Julius Genachowski is a
pragmatist who fashioned a compromise that doesn't go nearly as far as
some would like while providing some protections for consumers and
More Info:

Christina Gagnier: In a Rare Moment, Consensus Reached in Net
Neutrality Debate, Huff
The FCC should at least get credit for the one thing they accomplished
with today's Net Neutrality vote: they brought both sides of a
critical issue together to declare a collective "WTF," most
appropriate considering the Commission's policy on wireless.
More Info:

A Few Thoughts on Today's FCC Vote, AT&T
For far too long, the question of net neutrality has hamstrung the FCC
and prevented needed action on far more urgent, and real, problems.
Today's vote, we trust, will put this issue behind us with a
compromise that appears to balance major differences despite a number
of lingering concerns.
More Info:

Verizon Comments on FCC "Net Neutrality" Vote, Verizon
"Verizon has long been committed to the goal of an open and vibrant
Internet. We have invested tens of billions of dollars building
innovative and dynamic wireline and wireless broadband networks that
provide abundant capacity to our customers. We are also the only major
ISP that has publicly embraced openness obligations for both its
wireline and wireless broadband Internet access services. We do this
because we believe this is good for our customers and good for our
More Info:

NCTA Response to FCC Vote on Internet Rules, NCTA
Today, the FCC voted on rules that would apply to Internet access
providers. We issued a statement from NCTA's President & CEO Kyle
More Info:

FCC Votes on Rules for the Open Internet, COMCAST
While we look forward to reviewing the final order, the rules as
described generally appear intended to strike a workable balance
between the needs of the marketplace for certainty and everyone's
desire that Internet openness be preserved. Most importantly, this
approach removes the cloud of Title II regulation that would
unquestionably have harmed innovation and investment in the Internet
and broadband infrastructure. While
More Info:

USTelecom Statement On FCC Open Internet Order, USTelecom
"While we appreciate the hard work and good faith that the Chairman
put into this matter, and his proceeding under Title I rather than
Title II, we do not support the final rule, and we believe that the
Commission will come to regret the action it has taken today as one
that is fundamentally inconsistent with the National Broadband Plan's
goals of increased broadband investment, innovation, deployment, and
adoption. While the order will not affect the open way in which we
operate our networks, or afford consumers any advantages that they are
not enjoying today, it is
More Info:

CTIA-The Wireless Association® Statement on the FCC's Open Meeting,
"While we agree with Commissioners McDowell and Baker that net
neutrality rules are unnecessary, and we continue to maintain that net
neutrality rules are particularly unnecessary for the wireless
industry that continually innovates, competes and significantly
invests in our nation, we recognize that the Chairman has attempted to
bridge the differences among the various stakeholders. As
More Info:

Chairman Rockefeller Statement on FCC Approval of Net Neutrality
Rules, Senate Commerce
Chairman John D. (Jay) Rockefeller IV released a statement today
following the Federal Communications Commission's (FCC) approval of
rules governing net neutrality. The rules are aimed at preventing
Internet providers from interfering with web traffic.
More Info:

New Rules for an Open Internet, FCC
Almost everyone seems to agree that the openness of the Internet is
essential — it has unleashed an enormous wave of innovation, economic
growth, job creation, small business generation, and vibrant free
More Info:

Free Press: FCC Net Neutrality Order a 'Squandered Opportunity',
Free Press
By a 3-2 vote Tuesday, the Federal Communications Commission approved
new rules intended to prevent Internet providers like AT&T, Comcast
and Verizon from acting as gatekeepers on the Web. The rules, however,
heavily favor the industry they are intended to regulate, and leave
consumers with minimal protections.
More Info:

Public Knowledge: FCC Net Neutrality Order Falls Short, PK
"The Federal Communications Commission's actions today on Net
Neutrality fell far short of what they could have accomplished. With
just three modest changes that we and others suggested, the Commission
could have established clear rules that would give more protections to
Internet users than the one approved today. Instead, these rules will
be subject to manipulation by telephone and cable companies. The
More Info:

Steve Wozniak on Today's Net Neutrality Decision, PK
Public Knowledge Policy Analyst Ben Doernberg caught up with Apple Co-
Founder Steve Wozniak at today's Net Neutralty vote and got his
thoughts on the importance of protecting innovation from gatekeeper
More Info:

U.S. soldier in Afghanistan gets $16,000 AT&T bill, CNET
Pfc. Jose Rivera, posted to Afghanistan, believes he was told by AT&T
that for an extra $4.95 a month, he could make international calls to
his wife. Instead, AT&T says he now owes $16,000.
More Info:

Homeland Security's Domain Seizures On Unsound Footing - First
Amendment violations and systemic incompetence, dslreports
Last month the Department Of Homeland Security seized roughly eighty
domains, including at least one search engine, under a broad new
copyright protection push. Techdirt has been taking a look at the full
affidavit involved in the seizures, and unsurprisingly notes that the
government's legal and logistical footing on the seizures is shaky at
best. While some legitimate bootleg operations were targeted, in other
More Info:

'Tis the Season for Apple TV, Ecommerce Times
On the whole, this past week has been a pretty good one for Apple.
Apple TVs are apparently flying off the shelves. iPad sales are also
strong, and the device is expected to remain king of the tablet roost
through 2011. Sure, a wave of tablets running Android and other
operating systems is expected to hit the market in 2011, but right
now, the iPad's lead remains tremendous. Finally, Apple appears to
have really listened to the
More Info:

Apple TV Sales To Top 1 Million This Week, Huff
Apple has just released sales figures for the new Apple TV, which went
on sale in October.
More Info:

Gary Chapman, Internet Ethicist, Dies at 58, NYT
Mr. Chapman was an educator gave voice to many leaders in the computer
field who struggled with the ethical implications of new technology.
More Info:

Americans Say 'No Thanks' To Online Tracking, Huff
Most Americans do not want to be tracked by online advertisers,
according to a new Gallup poll released Tuesday.
More Info:

Web attacks plague rights sites, BBC
Easy access tools that can mount huge web attacks may hit human rights
groups hard, finds research.
More Info:

RSS Feeds : Fed Notices : Blog : Clips :

Twitter & Facebook: Cybertelecom

To [un]subscribe to Cybertelecom-l, visit
Announce only list information available at

AUP ::

Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us!

Friday, December 17, 2010

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

CyberTelecom News
Federal Internet Law and Policy
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.
More Info:

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.
More Info:

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
More Info:

Net neutrality supporters question Genachowski plan, CW
Many groups that want net neutrality rules don't like a proposal from
the FCC's chairman.
More Info:

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
More Info:

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,
More Info:

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.
More Info:

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.
More Info:

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.
More Info:

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.
More Info:

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
More Info:

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
More Info:

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.
More Info:

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:
More Info:

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
More Info:

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.
More Info:

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.
More Info:

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.
More Info:

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
More Info:

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:

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.
More Info:

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."
More Info:

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
More Info:

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.
More Info:

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
More Info:

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.
More Info:

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.
More Info:

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.
More Info:

RSS Feeds : Fed Notices : Blog : Clips :

Twitter & Facebook: Cybertelecom

To [un]subscribe to Cybertelecom-l, visit
Announce only list information available at

AUP ::

Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us!

Monday, December 13, 2010

AntiCybersquatting Consumer Protection Act: The Elements of the Cause of Action

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

[15 USC § 1125(d)(I)(A)] [Bavaro Palace 256 11Cir 2006] [Bosley 680 9th Cir 2005] [DaimlerChrysler 204 6th Cir 2004] [Shields 482-84 3d Cir 2001] [Career Agents Network Slip p. 7 EDMI 2010] [Rearden NDCA 2010] [Anlin slip 9 DCCA 07]

15 USC § 1125(d) (2009) Cyberpiracy prevention

(1) (A) A person shall be liable in a civil action by the owner of a mark, including a personal name which is protected as a mark under this section, if, without regard to the goods or services of the parties, that person-

(i) has a bad faith intent to profit from that mark, including a personal name which is protected as a mark under this section; and

(ii) registers, traffics in, or uses a domain name that-

(I) in the case of a mark that is distinctive at the time of registration of the domain name, is identical or confusingly similar to that mark;

(II) in the case of a famous mark that is famous at the time of registration of the domain name, is identical or confusingly similar to or dilutive of that mark; or

(III) is a trademark, word, or name protected by reason of section 706 of title 18 or section 220506 of title 36 .

Unpacking the individual elements of the cause of action

Distinctive Or Famous Trademarks

The ACPA is not available for everyone – it is only available to owners of famous or distinctive trademarks. [Shields 482 3rd Cir 2001] Factors that a Court will look at to determine whether a mark is famous include whether the mark is sufficiently distinctive as opposed to being generic, whether it has been in use for an extended period of time, the amount of the investment made in promoting the mark, the geographic region where the mark is used, and whether there are similar marks in use. In addition, courts will look to see whether the mark has been registered with the Patent and Trademark Office. The Court can recognize that a mark is distinctive without it being famous. Examples of marks that have been found to be famous or distinctive include Sporty’s Farm, Joe Cartoon, Porsche, and VW. However, CLUE, as in Hasbro’s detective board game, has been found to be neither famous or distinctive.

Identical, Confusingly Similar, or Dilutive

The ACPA examines the potential impact of a domain name on the trademark:

The guidelines for consideration (these are court created guidelines not listed in the statute) "are

  • a) strength of mark;
  • b) degree of similarity between the marks;
  • c) the proximity of the products;
  • d) the likelihood that the senior user of mark will bridge the gap;
  • e) evidence of actual confusion;
  • f) the junior user's bad faith in adopting the mark;
  • g) the quality of the junior user's product; and
  • h) the sophistication of the relevant consumer group.”

[Greenpoint] There is some overlap between these factors and the ACPA bad faith factors.

In Greenpoint Financial Corp. v. S & H, a Brooklyn bank sought to challenge the use of the domain name by the defendant. Defendant was known for its green stamps marketing program back in the 60s and 70s. Both companies had established intellectual property in the term “greenpoints” although defendant’s use came after plaintiff’s. So this was not exactly a great challenge for plaintiff. Both parties had interests in the term and the term itself was somewhat generic. For plaintiff, Greenpoint is simply the neighborhood in Brooklyn where the bank was located. Furthermore the Brooklyn phone book showed that 50 other companies had Greenpoint somewhere in their name. But looking specifically at the issue of the likeliness of confusion, the court concluded that the name was geographically descriptive and therefore not strong, the services provided by the companies is distinct, it is unlikely that the two companies will directly compete, and there was insufficient evidence of actual confusion. For these and other reasons, the Court denied Greenpoint Financial Corp. attempt to challenge S&H use of the domain name. [Greenpoint]


Derived From: The AntiCybersquatting Consumer Protection Act, Report 106-140, 106 th Cong., 1 st Sess. Page 8 (Aug. 5, 1999) (Legislative History)

"The Committee intends the prohibited ''use'' of a domain name to describe the use of a domain name by the domain name registrant, with the bad-faith intent to profit from the goodwill of the mark of another. The concept of ''use'' does not extend to uses of the domain name made by those other than the domain name registrant, such as the person who includes the domain name as a hypertext link on a web page or as part of a directory of Internet addresses."

Bad Faith Intent to Profit

"Bad faith" is the $10,000 question in this analysis. It consists of 9 elements, each of which can be its own landmine. In the next post, we will explore how one may or may not but the "bad" in "faith."


12.13 :: Taking a Back Seat :: Guide to Losing Net Neutrality :: The Mythical Reality :: Fading Star :: Is it Worth It? ::

CyberTelecom News
Federal Internet Law and Policy
Avoid popularity if you would have peace. – Abraham Lincoln

Broadband Deployment Taking Back Seat at FCC, USTelecom
The FCC is neglecting its commitment to universal broadband deployment
in by focusing almost exclusively on net neutrality regulation over
the past few months, USTelecom President Walter McCormick said today
at a Practicing Law Institute conference. McCormick participated in a
debate about FCC regulatory policy with Michael Calabrese, senior
research fellow with New America Foundation.
More Info:

Bits: F.C.C. to Hold Forum on Teenagers and Technology, NYT
Julius Genachowski, the commission's chairman, says the forum will
focus on a range of issues that parents are concerned about, including
overuse of computers and phones by teenagers.
More Info:

No description
More Info:

Craig Aaron: The FCC's Guide to Losing Net Neutrality Without Really
Trying, Huff
Ever have to negotiate a contract or try to sell a used car?
More Info:

Grassroots groups to FCC: We need real net neutrality, Reclaim the Media
Reclaim the Media joined 80 other grassroots organizations in calling
upon the FCC and Chairman Julius Genachowski to enact genuine open
Internet principles,including enforceable net neutrality protections.
More Info:

Art Brodsky: The Mythical 'Reality' of the FCC's Net Neutrality Campaign, Huff
To a certain degree, in fact to a great degree, the ability to succeed
in as mushy an arena as politics is the ability to construct a
perception that differs from reality. It's what Federal Communications
Commission (FCC) Chairman Julius Genachowski is trying to do now with
his proposed Net Neutrality order. The Commission is scheduled to vote
on a Net Neutrality rule on Dec. 21.
More Info:

Net neutrality lobbying to peak this week, WAPO
Expect lobbying around net neutrality to reach fever pitch through
Tuesday. After that, the Federal Communications Commission will go
into its bunker to deliberate a draft of rules that will be voted on
Dec. 21.
More Info:

FCC Commissioner: net neutrality rules should cover wireless, Ars Technica
We're about ten days and counting from the Federal Communications
Commission issuing an Order with net neutrality rules, but one of
three Democrats on the FCC who supports the idea now says that the
draft on the table might not go far enough. That would be Mignon
Clyburn, who told the Practicing Law
More Info:

The Federal Communications Commission has updated and released its
latest report on Internet access service subscribership to better
monitor trends. Action
by: Industry Analysis & Technology Division, Wireline Competition
Bureau by REPORT
More Info:

Etc: The .xxx TLD is a step closer to reality., Ars Technica
The .xxx TLD is a step closer to reality.;comments=1
More Info:

U.S. Online Holiday Spending Approaches $22 Billion for the Season, Up
12 Percent vs. Year Ago, Comscore
For the holiday season-to-date, more than $21.95 billion has been
spent online, marking a 12-percent increase versus the corresponding
days last year. The most recent week (week ending Dec. 10) reached
$5.15 billion in spending, an increase of 11 percent versus the
corresponding week last year, as two individual days each surpassed
$900 million.
More Info:

Time Warner Views Netflix as a Fading Star, NYT
Netflix, now the envy of the media world, had a lucrative contract
with Starz that gave it cheap content. That deal is expiring, and
rivals are gloating.
More Info:

Conn. AG wants Google's Wi-Fi Street View data, CNET
Richard Blumenthal, the outgoing attorney general in Connecticut, has
demanded that Google turn over the Wi-Fi data it collected in its
Street View project.
More Info:

U.S. Hunts 'Hacktivists,' Some Ask: Is It Worth It?, NPR
The Justice Department is searching for the hackers who launched the
Internet attack against companies that stopped doing business with
WikiLeaks and its founder, Julian Assange. But former prosecutors and
cyber experts say that actually bringing criminal indictments in the
massive denial-of-service attacks could be a bridge too far.
More Info:

Skype aids communications for remote UN refugee workers, CW
Humanitarian workers in the most remote parts of the world are being
given a low-cost way to communicate with colleagues, friends and
families as a result of a partnership between the United Nations High
Commissioner for Refugees (UNHCR) and Skype.
More Info:

RSS Feeds : Fed Notices : Blog : Clips :

Twitter & Facebook: Cybertelecom

To [un]subscribe to Cybertelecom-l, visit
Announce only list information available at

AUP ::

Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us!

Friday, December 10, 2010

8.10 :: 'Honest, the wolf's chewing my trouser leg now' says Cerf :: Misleading Everyone :: Bold Move :: Inexcusable :: #Pew ::

CyberTelecom News
Federal Internet Law and Policy
The conventional view serves to protect us from the painful job of
thinking. ~J.K. Galbraith

AUP Reminder: Please do not cross-post discussion messages on
Cybertelecom-l and other listservs. This includes posting your own
blog and posting the same to the discussion group.

Level 3 Still Insists Comcast Misleading Everyone - PR pendulum
continues to sway back and forth, dslreports
Last week Level3 ignited somewhat of an Internet firestorm by
proclaiming that Comcast was violating net neutrality by demanding
they pay a new connection fee to deliver Internet video services to
Comcast customers. Comcast quickly responded, insisting that this was
just another
More Info:

Two Stories about the Comcast/Level 3 Dispute (Part 2), Freedom to Tinker
In my last post I told a story about the Level 3/Comcast dispute that
portrays Comcast in a favorable light. Now here's another story that
casts Comcast as the villain.
More Info:

State Department, Once Again, Asks Wikileaks To 'Return' Leaked Cables, Techdirt
Earlier this year, we all had a good laugh over the demand from the
Pentagon that Wikileaks "return" the leaked documents it held. Lots of
people pointed out that they were digital copies. You don't "return"
stuff that's digital. All this demand did was make the Pentagon look
More Info:

If Assange Were In China, US Politicians Would Be Cheering Him On, Techdirt
We've pointed out the general hypocrisy of US politicians calling for
an end to internet censorship, while threatening Wikileaks at the same
time. If you want to see some real irony, check out the fact that
Senator Joe Lieberman, who has been the loudest voice in pushing for
More Info:

Silencing WikiLeaks A Free Speech Challenge For U.S., NPR
Administration officials, angry over the disclosure of sensitive
intelligence information, have harshly criticized WikiLeaks, and the
Justice Department is considering whether founder Julian Assange can
be prosecuted. Critics say such efforts don't square with the U.S.
commitment to
More Info:

Genachowski Signals Bold Net Neutrality Move, CommLawBlog
At Chairman's insistence, Commission will vote on new net neutrality
rules in December despite shaky legal foundations and opposition in
More Info:

Shortcomings in FCC Internet Access Report 'Inexcusable', Free Press
The Federal Communications Commission released its latest report on
Internet access service on Wednesday. The report, based on the
semi-annual Form 477 census of Internet providers, is intended to
allow the agency to monitor broadband adoption, competition,
subscriber trends and service speeds.
More Info:

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.
More Info:

Use of the internet in higher-income households, Pew
Those in households earning over $75,000 are different from other
Americans in their tech ownership and use.
More Info:

97% of INTERNET NOW FULL UP, warn IPv4 shepherd boys, Register
'Honest, the wolf's chewing my trouser leg now' says Cerf
More Info:

VeriSign Deploys DNS Security Extensions in .net Zone, Verisign
VeriSign, Inc. (NASDAQ: VRSN), the trusted provider of Internet
infrastructure services for the networked world, today announced it
has deployed DNS Security Extensions (DNSSEC) in the .net zone.
More Info:

Comcast-NBC Needs Net Neutrality: Waxman, Internet News
Chairman of House Energy and Commerce Committee asks Federal
Communications Chairman to condition blockbuster media merger with
anti-discrimination rules.
More Info:

EFF Demands Copyright Troll Pay for 'Meritless' Lawsuit, EFF
The Electronic Frontier Foundation is demanding that the newspaper
lawsuit factory RightHaven pay the EFF's costs for its successful
defense of the website Democratic Underground from one of RightHaven's
many copyright lawsuits.
More Info:

Citizen Media Law Project is Hiring an Assistant Director, Citizen's Media
Are you a lawyer interested in dealing with emerging legal issues
related to law, journalism, and new media on the Internet? Would you
like to help online journalism and new media ventures meet their legal
needs? Do you want a stimulating yet laid back work environment?
More Info:

"The End of the Free Internet" (The WikiLeaks Controversy), EPIC
No description
More Info:

NYT Reporter Defends Publishing WikiLeaks Cables, NPR
Speaking Tuesday on Fox News, Sen. Joe Lieberman suggested that The
New York Times should be investigated for publishing leaked diplomatic
cables. The New York Times' chief Washington correspondent, David
Sanger, responds -- and explains what the documents reveal
More Info:

Netflix adds to streaming library with ABC-Disney deal, WAPO
Netflix Wednesday announced a licensing deal with Disney-ABC
Television to stream hundreds of shows and movies such as "Ugly Betty"
and "Desperate Housewives," building on the online television
provider's growing library of content.
More Info:

Netflix To Stream Disney-ABC Shows, Huff
Netflix is adding more episodes of TV shows from Disney-ABC Television
Group to its growing library of TV content.
More Info:

Hackers Attack Companies That Hindered WikiLeaks, NYT
Activists attacked sites of companies like Mastercard that took action
against WikiLeaks; a counterattack on hackers' sites followed.
More Info:

Group used 30,000-node botnet in MasterCard, PayPal attacks, CW
PayPal's website was hit late Wednesday by two botnets as online
activists continued their Web attacks on companies that have severed
their relationships with WikiLeaks.
More Info:

Web Attackers Point to Cause in WikiLeaks, NYT
Loosely united cyberpranksters have evolved into a political movement
for an unfettered Internet.
More Info:

'Cyber war will hit all web users', BBC
There are fears the "cyber war" between Wikileaks supporters and
opponents could lead to everyday internet use becoming much more
heavily regulated.
More Info:

Military Threatens To Court Martial Anyone Using USB Drives Or Other
Removable Media, Techdirt
Apparently, one strategy the military is taking in a weak attempt to
prevent a future State Department cable leaks, like the one currently
going on, is to ban all forms of removable media and to threaten to
court martial anyone caught using USB keys or CD-Rs on machines
More Info:

RSS Feeds : Fed Notices : Blog : Clips :

Twitter & Facebook: Cybertelecom

To [un]subscribe to Cybertelecom-l, visit
Announce only list information available at

AUP ::

Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us!

Wednesday, December 08, 2010

12.8 :: "New technologies do not take sides in the struggle for freedom and progress, but the United States does. We stand for a single internet where all of humanity has equal access to knowledge and ideas."

CyberTelecom News
Federal Internet Law and Policy
On their own, new technologies do not take sides in the struggle
for freedom and progress, but the United States does. We stand for a
single internet where all of humanity has equal access to knowledge
and ideas. And we recognize that the world's information
infrastructure will become what we and others make of it. Now, this
challenge may be new, but our responsibility to help ensure the free
exchange of ideas goes back to the birth of our republic. The words of
the First Amendment to our Constitution are carved in 50 tons of
Tennessee marble on the front of this building. And every generation
of Americans has worked to protect the values etched in that stone.
Franklin Roosevelt built on these ideas when he delivered his Four
Freedoms speech in 1941. Now, at the time, Americans faced a cavalcade
of crises and a crisis of confidence. But the vision of a world in
which all people enjoyed freedom of expression, freedom of worship,
freedom from want, and freedom from fear transcended the troubles of
his day.
- Hillary Clinton

WiFi in All U.S. Federal Buildings, Circleid
Legislation has been introduced in the US that will require all public
federal buildings to install WiFi base stations in order to free up
cell phone networks.
More Info:

As Bullies Go Digital, Parents Play Catch-Up, Pew
Last April in an omnibus review of studies addressing youth, privacy
and reputation, a report by the Berkman Center for Internet and
Society at Harvard noted that parents who checked their children's
online communications were seen as "controlling, invasive and
'clueless.' " Young people, one study noted, had a notion of an
online public viewership "that excludes the family."
More Info:

Jonathan Askin: Something Wiki'ed This Way Comes, Huff
In the extreme, Wikileaks presages two potential futures: (1) a
dystopic society with a stifled, dysfunctional government, cloaked in
secrecy and largely unable to communicate within its own bureaucracy,
let alone with its citizens or with the world; or (2) a utopian
society with a functional government, accountable to a well-informed
and trusting citizenry. We move towards the dystopic vision when we
think the answer to Wikileaks is for government to hold even more
tightly to its "secrets." We move towards th
More Info:

Hillary Clinton's Evolving Take On 'Internet Freedom', Huff
In a November 29 press conference, Secretary of State Hillary Clinton
blasted WikiLeaks for its disclosure of confidential diplomatic
cables. Putting distance between actual policy decisions and the
private conversations that were made public by WikiLeaks' cable dump,
she promised to take "aggressive steps" against those who had
disseminated the information. She went on to distinguish the WikiLeaks
disclosure from other
More Info:

'Chaos' at WikiLeaks Following Assange Arrest, Wired
The arrest without bail of WikiLeaks founder Julian Assange on Tuesday
has left the organization in a state of uncertainty, despite
transition plans laid out prior to his surrender to British police,
according to one dispirited WikiLeaks activist who spoke to Threat
Level on condition of anonymity.
More Info:

James Love: Obama Administration Pisses Away Two Years of Internet
Freedom Efforts in WikiLeaks Crackdown, Huff
Once you get beyond the possible damage of low-level cables being
shared so that the general public has a better idea of what their own
governments are up to, there is the massive damage being done to the
global freedom to circulate truths and criticize governments. These
are a few data points for the principles being sacrificed in the
insane lynching mob directed at WikiLeaks and Julian Assange
More Info:

Hackers strike back at perceived enemies of WikiLeaks, Globe and Mail
Suspected WikiLeaks supporters bombard MasterCard website with denial-
of-service attack
More Info:

Zittrain and Lessig to take on Wikileaks...questions welcome!, Berkman
No description
More Info:

Did Library Of Congress Lie? White House Says No Requirement To Block
Wikileaks, Techdirt
On Friday, we wrote about how the Library of Congress, in an act of
pure denial, had blocked Wikileaks, saying that it was required by law
to block access to the site. As we noted at the time, this seemed
silly, since the documents were widely available all over the internet
and press reports were covering most of the details anyway. We got a
few folks in the comments to respond with statements along the lines
of "the law is
More Info:

Quote of Note: Hillary Rodham Clinton, January 21, 2010, Isen
Franklin Roosevelt built on these ideas when he delivered his Four
Freedoms speech in 1941. Now, at the time, Americans faced a cavalcade
of crises and a crisis of confidence. But the vision of a world in
which all people enjoyed freedom of expression, freedom of worship,
freedom from want, and freedom from fear transcended the troubles of
his day.
More Info:

The Internet Society on Wikileaks, ISOC
Recognizing the content of the website is the subject of
concern to a variety of individuals and nations, we nevertheless
believe it must be subject to the same laws and policies of
availability as all Internet sites. Free expression should not be
restricted by governmental or private controls over computer hardware
or software, telecommunications infrastructure, or other essential
components of the Internet
More Info:

Someone Should Tell The State Dept That The State Dept Is Hosting
World Press Freedom Day, Techdirt
The United States places technology and innovation at the forefront of
its diplomatic and development efforts. New media has empowered
citizens around the world to report on their circumstances, express
opinions on world events, and exchange information in environments
sometimes hostile to such exercises of individuals' right to freedom
of expression. At the same time, we are concerned about the
determination of some governments to censor and silence individuals,
and to restrict the free flow of information. We mark events such as
World Press Freedom Day in the context of our enduring commitment to
support and expand press freedom and the free flow of information in
this digital age.
More Info:

Wikileaks challenges journalists: Whose side are you on?, OJR
The challenge for journalists reporting on Wikileaks is that,
ultimately, you're reporting someone else's anonymous sources. Since
reporters didn't collect this information themselves, they don't know
the full story of where this information came from, who had access to
it, or how or why it was released to Wikileaks.
More Info:

Watch Barbara van Schewick's talk about her book "Internet
Architecture & Innovation", Center for Internet and Society
No description
More Info:

Net neutrality plan will likely pass, says ex-FCC chairman, CW
A former FCC chairman predicts commissioners will approve a net
neutrality proposal this month.
More Info:

FCC's pay-as-you-go Internet plan raises video, access questions, WAPO
As details emerge about the Federal Communications Commission's
controversial proposal for regulating Internet providers, a provision
that would allow companies to bill customers for how much they surf
the Web is drawing special scrutiny
More Info:

Net Neutrality and ISPs, Verizon
I've been using the Internet since the mid-1980's and saw my first
web browser in 1993. Since the web exploded on the scene, the growth
in the Internet and broadband connectivity has been phenomenal.
During this period of growth, two incidents I experienced stick out in
my mind
More Info:

FCC: Consumers Satisfied with Broadband, USTelecom
In a pair of working papers issued with little public fanfare, the FCC
released data on broadband customer satisfaction and provider
switching that demonstrate the vast majority of Americans are enjoying
the benefits of broadband provider investment in competitive
infrastructure. The surveys were conducted in April 2010.
More Info:

Preserving Openness to Protect Jobs, FCC
The impact that Internet entrepreneurs have made on the world is
More Info:

OECD broadband statistics update, OECD
The OECD has just released new statistics on broadband penetration in
OECD countries as of June 2010. These include the number of broadband
subscribers per country, broadband subscriptions by technology, the
percentage of fibre connections in total broadband and, for the first
time, a wireless broadband penetration indicator.,3373,en_2649_37441_1_1_1_1_37441,00.html?rssChId=37441#46634258
More Info:

Verizon launches IPv6 transition services, CW
Organizations struggling to adopt IPv6 could get a hand from a new
service offered by Verizon
More Info:

Level(3) is offering IPv6 Transit, IPv6 Act Now
Level(3) is providing IPv6 transit to customers today as they recently
delivered this service to one of the TXv6TF board members.
More Info:

IPv4 blocks to run out by end of year, IPv6 Act Now
There are now only seven blocks of IPv4 addresses left in the global
pool, and five are already allocated.
More Info:

Why ICANN should ignore the NTIA's letter, IGP
Like a clinging, overbearing parent, the U.S. Commerce Department just
can't seem to let go of ICANN. Yesterday Lawrence Strickling, the
Assistant Secretary in charge of the NTIA, sent a stern letter to the
ICANN's CEO in an attempt to dictate the course of domain name
policy. Strickling called for yet another delay in the implementation
of new top level domains because - incredibly - he claims that the
issue hasn't been
More Info:

US Government Waves the Caution Flag at ICANN, Circleid
This month, ICANN is driving hard to get two of its horses to the
finish line. The first is barely a year old — it's the first formal
review of ICANN's accountability and transparency. The second horse is
going on 4 years old: ICANN's plan to introduce hundreds of new top-
level domains (TLDs) for the Internet.
More Info:

AT&T panned in Consumer Reports survey, CNET
Consumer Reports' latest survey finds AT&T wireless subscribers,
especially iPhone users, are unhappy with AT&T's service.
More Info:

RSS Feeds : Fed Notices : Blog : Clips :

Twitter & Facebook: Cybertelecom

To [un]subscribe to Cybertelecom-l, visit
Announce only list information available at

AUP ::

Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us!