Wednesday, March 30, 2011

3.30 :: Censorship in the USA :: Oops WoW :: Wondering Why it Went Nowhere :: Deceptive Buzz :: Groping at Random ::

============================================
CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
============================================
"If in the first act you introduce a gun, by the third act you have to
use it." - Anton Chekhov

Verizon to install 100 gigabit network in U.S., CNET
Following an upgrade in Europe, Verizon is looking to deploy 100G
Ethernet to certain sections of its U.S. Internet backbone by the end
of the second quarter.
http://news.cnet.com/8301-11386_3-20048718-76.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/broadband/backbone.htm

Obama Invested in Company That Got Sweet Deal From FCC, NLPC
More significantly, the FCC also allowed LightSquared to exploit a
loophole that allows it to deploy a national 4G wireless network to
handle cell phone calls and data. LightSquared is getting valuable
wireless spectrum on the cheap, while its competitors like AT&T and
Verizon are spending billions to build out their networks.
http://nlpc.org/stories/2011/03/25/obama-invested-company-got-sweet-deal-fcc
More Info: http://www.cybertelecom.org/broadband/gps.htm

DOD, DOT slam FCC over GPS interference concerns, Flightglobal
The US Department of Transportation and Defense Department on 25 March
issued a strongly worded letter to the Federal Communications
Commission (FCC) expressing concern over elements of an ongoing
analysis on the potential effects on GPS of a newly approved broadband
system
http://www.flightglobal.com/articles/2011/03/28/354863/dod-dot-slam-fcc-over-gps-interference-concerns.html
More Info: http://www.cybertelecom.org/broadband/gps.htm

New visualizations of M-Lab data, M Labs
The recent addition of Google's data visualization tool to the M-Lab
platform has become a huge success at allowing people to visualize
their broadband connectivity and how it compares across geographical
boundaries. However, work hasn't stopped there and this week new
visualization metrics have been added to the tool for users to
experiment with:
http://www.measurementlab.net/news/2011/mar/25/new-visualizations-m-lab-data
More Info: http://www.cybertelecom.org/broadband/map.htm

Censorship: Made in the USA, Save the Internet
March has been a stormy month across the Arab world as the hope for
new democracy faces the harsh reality of despots armed with guns,
tanks and the tools of censorship.
http://www.savetheinternet.com/blog/11/03/30/censorship-made-usa
More Info: http://www.cybertelecom.org/cda/filters.htm

U.S. Products Help Block Mideast Web, Huff
As Middle East regimes try to stifle dissent by censoring the
Internet, the U.S. faces an uncomfortable reality: American companies
provide much of the technology used to block websites.
http://www.huffingtonpost.com/2011/03/28/us-products-help-mideast-internet-censorship_n_841623.html
More Info: http://www.cybertelecom.org/cda/filters.htm

Filtering the Mideast Web, VOA
Paul Sonne and Steve Stecklow at the Wall Street Journal have an
eye-opening feature today, and the headline says it all: "U.S.
Products Help Block Mideast Web."
http://blogs.voanews.com/digital-frontiers/2011/03/28/filtering-the-mideast-web/
More Info: http://www.cybertelecom.org/cda/filters.htm

The case of Prof. Cronon and the FOIA requests for his private emails,
Freedom to Tinker
Prof. William Cronon, from the University of Wisconsin, started a
blog, Scholar as Citizen, wherein he critiqued Republican policies in
the State of Wisconsin and elsewhere. I'm going to skip the politics
and focus on the fact that the Republicans used Wisconsin's FOIA
mechanism to ask for a wide variety of his emails and they're likely
to get them.
http://www.freedom-to-tinker.com/blog/dwallach/case-prof-cronon-and-foia-requests-his-private-emails
More Info: http://www.cybertelecom.org/cda/firsta.htm

Oops: major Canadian ISP admits throttling World of Warcraft, Ars Technica
Back in February, a Canadian gamer wrote the government's telecom
regulator with an unusual complaint: her ISP, Rogers, was allegedly
throttling games like World of Warcraft, making them all but
unplayable. Even more unusual, the government demanded that Rogers
look into the accusation, and the ISP has now admitted that it is, in
fact, throttling WoW in some cases. But only by accident.
http://arstechnica.com/tech-policy/news/2011/03/oops-major-canadian-isp-admits-throttling-world-of-warcraft.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/ci/neutralnot.htm

People Actually Do Pay for Online Content, Pew
On March 28, 2011, Senior Fellow Jim Jansen gave the opening keynote
address at theBuying & Selling eContent 2011, held March 28-30 in
Scottsdale, AR.
http://www.pewinternet.org/Presentations/2011/Mar/Paying-for-Online-Content.aspx
More Info: http://www.cybertelecom.org/data/

ARIN Reiterates Availability of IP Address Space Transfers According
to Community Policy, ARIN
No description
https://www.arin.net/announcements/2011/20110330.html
More Info: http://www.cybertelecom.org/dns/ip.htm

N.Y. to scrutinize AT&T and T-Mobile merger, CNET
The state's attorney general plans to analyze the proposed merger,
which could create a "near duopoly," to ensure that it doesn't harm
New York wireless consumers.
http://news.cnet.com/8301-30686_3-20048407-266.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/industry/att.htm

The Case Against AT&T&T (Part I), PK
Public Knowledge unequivocally opposes the proposed merger of AT&T,
the 2nd largest national wireless carrier, with T-Mobile, the fourth
(out of four) largest national wireless carrier. If the $39 billion
merger is approved, the combined entity would serve anywhere between
42-44% of a
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/EuswmWG8OhQ/case-against-attt
More Info: http://www.cybertelecom.org/industry/att.htm

Amount of Unsolicited Internet Traffic Reflecting Situation in Libya, Circleid
During the recent political unrest in the Middle East, researchers
have observed significant changes in Internet traffic and
connectivity. Typically people look at routing data, latencies when
connecting to sites and search and query statistics. Here we show
results from a previously
http://www.circleid.com/posts/20110328_amount_unsolicited_internet_traffic_reflecting_situation_in_libya/
More Info: http://www.cybertelecom.org/intl/africa.htm

Another New Study Shows That Filesharing Doesn't Deter Artists From
Making Music, EFF
Further proof that the recording industry's oft-repeated claims of the
downfall of the entire music industry hold no water: a new report
finding that filesharing has led directly to "reduced costs of
bringing works to market and a growing role of independent labels." In
other words, in the past decade, we have seen more music from
independent outlets and at lower prices – something that consumers and
music fans should all be happy about.
http://www.eff.org/deeplinks/2011/03/another-new-study-shows-filesharing-doesn-t-deter
More Info: http://www.cybertelecom.org/ip/p2p.htm

Netflix Lowers Streaming Video Quality To Cut Data Use, Huff
Online video rental company Netflix Inc has tweaked its Canadian
streaming service to cut down on the amount of data it uses in a
country where Internet usage is typically metered and capped.
http://www.huffingtonpost.com/2011/03/29/netflix-streaming-quality-canada_n_842225.html
More Info: http://www.cybertelecom.org/media/video.htm

Data caps claim a victim: Netflix cuts streaming video quality, Ars Technica
Netflix announced last night that Canadian users will, by default,
receive lower-quality—and lower-bandwidth—streaming video. The change
was made to protect users, "because many Canadian Internet service
providers unfortunately enforce monthly caps on the total amount of
data consumed."
http://arstechnica.com/tech-policy/news/2011/03/data-caps-claim-a-victim-netflix-streaming-video.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/media/video.htm

Report: Netflix, Miramax near streaming deal, CNET
The Wall Street Journal reports that Miramax and Netflix are close to
signing a $100 million deal to stream the studio's movies via the
video rental service
http://news.cnet.com/8301-31021_3-20047360-260.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/media/video.htm

Architect Of The Internet, Paul Baran, Dies At 84, NPR
Baran was the inventor of packet switching, or the idea that a piece
of information can be cut into pieces, sent through different
passageways and be put together at the end.
http://www.npr.org/blogs/thetwo-way/2011/03/28/134925406/architect-of-the-internet-paul-baran-dies-at-84?ft=1&f=1019
More Info: http://www.cybertelecom.org/notes/baran.htm

Internet pioneer Paul Baran dies, BBC
US scientist Paul Baran, the inventor of a foundational internet
technology, has died aged 84.
http://www.bbc.co.uk/go/rss/int/news/-/news/technology-12879908
More Info: http://www.cybertelecom.org/notes/baran.htm

Republicans Push FCC On Google Wi-Fi Probe - Wondering Why it
Apparently Went Nowhere, dslreports
Last year Google found itself under fire from privacy regulators in
multiple countries for the company's admission that they had been
collecting Wi-Fi user data from unsecured hotspots using Street View
vehicles. Google initially stated they only collected publicly
available SSID and MAC
http://www.dslreports.com/shownews/Republicans-Push-FCC-On-Google-WiFi-Probe-113456
More Info: http://www.cybertelecom.org/privacy/fcc.htm

Family Sues Facebook Over Photos Of Slain Daughter, NPR
An EMT posted a picture of the corpse on Facebook. Now the family
wants the social networking site to destroy all copies of the picture
in its possession.
http://www.npr.org/blogs/thetwo-way/2011/03/29/134953679/family-sues-facebook-over-photos-of-slain-daughter?ft=1&f=1019
More Info: http://www.cybertelecom.org/privacy/socialnetworks.htm

FTC Charges Deceptive Privacy Practices in Google's Rollout of Its
Buzz Social Network, FTC
Google Agrees to Implement Comprehensive Privacy Program to Protect
Consumer Data
http://www.ftc.gov/opa/2011/03/google.shtm
More Info: http://www.cybertelecom.org/privacy/socialnetworks.htm

Want To Grope People At Random In Airports (Not Just At Security)?
Join The TSA!, Techdirt
The TSA's sexual assault-as-security theater continues. The latest
involves reports from a woman, who, despite having already cleared
security at LaGuardia airport, was approached by a TSA agent near the
gate for her flight, and told that he had to give her a pat-down on
the spot,
http://www.techdirt.com/articles/20110328/16072113656/want-to-grope-people-random-airports-not-just-security-join-tsa.shtml
More Info: http://www.cybertelecom.org/security/

North Carolina House Passes Anti-Community Fiber Bill - Fourth Time
May be a Charm for Time Warner Cable, dslreports
We've discussed in great detail how for four consecutive years North
Carolina incumbents Time Warner Cable, AT&T, and CenturyLink have been
trying to pass laws that either outright ban, or constrain the ability
of individual communities to deploy fiber to local residents and
businesses. These bills were very popular a few years ago, with a
dozen states passing such laws.
http://www.dslreports.com/shownews/North-Carolina-House-Passes-AntiCommunity-Fiber-Bill-113433
More Info: http://www.cybertelecom.org/states/nc.htm

Tech firm owner pleads guilty to E-Rate conspiracy, CW
A former owner of an Illinois tech firm pleads guilty to conspiracy
related to E-Rate fraud.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/Ewa_RJe9uUY/Tech_firm_owner_pleads_guilty_to_E_Rate_conspiracy
More Info: http://www.cybertelecom.org/usf/erate.htm

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Monday, March 28, 2011

Telecommunications Policy Research Conference abstracts due March 31

www.tprc.org

Call for Papers

TPRC is an annual conference on communication, information and
internet policy that convenes international and interdisciplinary
researchers and policymakers from academia, industry, government, and
nonprofit organizations. Its purpose is to present original research
relevant to policy making, share the knowledge requirements of
practitioners, and engage in discussion on current policy issues. The
conference program consists of presentations selected from submitted
paper abstracts, student papers and panel submissions.

TPRC is now soliciting abstracts of papers, panel proposals, and
student papers for presentation at the 2011 conference, to be held
September 23-25, 2011 at the George Mason University Law School, in
Arlington, Virginia. These presentations should report current
theoretical or empirical research relevant to communication and
information policy, and may be from any disciplinary perspective – the
sole criterion is research quality. Themes of particular interest
include, but are not limited to:

* Network Competition
* Broadband Deployment and Adoption
* Wireless Communications
* Innovation and Entrepreneurship
* Media, New and Old
* Intellectual Property
* Privacy, Security, Identity and Trust
* Internet Ecosystem Governance
* Affordability and Access
* International and Comparative Studies
* Societal Challenges, Endangered Rights and Social Justice
* Emerging Topics
* Panel Suggestions
* Student Papers


Click on any the above topics for descriptions. To submit an abstract,
please use the submit button at the top of a theme's list of topics.
Submission Instructions

Submissions are due by March 31, 2011. Abstracts and panel proposals
must be submitted electronically at http://www.tprc.org by following
the submit button at the top of each topic description. Standards for
abstracts are provided below. The review process is single blind, and
a short biographical sketch for each author is required.

Acceptances/rejections will be provided by May 15, 2011. Complete
papers for accepted abstracts will be due to TPRC on August 15, 2011.
Papers not submitted in final form by the due date will be removed
from the program. At least one author of the paper is expected to
attend the conference to present the accepted submission.

Students are encouraged to submit papers for the student paper
competition. Click here for the Student Papers CFP. Full student
papers must be submitted by April 30, 2011.

We also welcome proposals for panel discussions of broad interest.
These should include a description of the panel topic, a proposed
panel moderator and a list of possible panelists. Panel proposals
should be submitted by March 31, 2011 at http://www.tprc.org.

The journals Telecommunications Policy and Journal of Information
Policy will both invite papers for special issues from this year's
conference. Guest editors drawn from the TPRC Program Committee will
invite selected authors to submit their papers for review.

Please address inquiries to This e-mail address is being protected
from spambots. You need JavaScript enabled to view it .
Standards for Abstracts

Papers for the main program are selected on the basis of submitted
abstracts. (However, student papers need to be submitted in their
final form. Please see the student paper competition section for
details.

The TPRC is a research conference that focuses on results and insight,
not advocacy. Participants generally have substantial background
knowledge about communications issues and come to the conference
seeking new perspectives. To aid the Program Committee in selecting
the most appropriate papers for presentation, abstracts should adhere
to the following guidelines:

* Abstracts should be 400-600 words in length. Shorter abstracts
are unlikely to provide sufficient detail to permit the Committee to
evaluate adequately the proposed research.
* The abstract should not be a detailed literature review. The
reviewer will likely be familiar with the issue and will require at
most a short paragraph of background.
* The largest part of the abstract should describe the proposed
research in as much detail as is necessary. This includes (a) a clear
statement of the objective of the paper including, where appropriate,
the insight developed or hypothesis being tested; (b) a description of
the analytic method employed to develop the paper's results or test
its hypotheses; (c) a description of the data assembled to support
these insights or perform these tests; (d) a short explanation as to
why this research is novel. While the proposed research need not
involve empirical methods, the conference is seeking scholarship that
significantly advances the state of its field.
* If the paper is already substantially complete, the abstract
should summarize the results. Further, the author should state whether
this paper has already been presented or published, and if so, where.

Friday, March 25, 2011

3.25 :: Tom Tom Club :: Throttling WoW :: $7.5m for 666K IPv4 Numbers :: A Really Dumb Idea :: A Fine Day ::

============================================
CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
============================================
"Every saint has a past and every sinner a future." -Oscar Wilde

The FCC just releases a new internet and telephone report, Electrozo
So the FCC just released two reports on the Internet access and telephone subscribership in the U.S. The reports are based of of data that was submitted to the from carriers every 6 months. I am many gonna talk about the internet acces report One main point of the internet report is that 60% of all fixed connections in america are slower than the FCC's benchmark of a 4mb per
http://feedproxy.google.com/~r/Electrozo/~3/52bkrt-jE2Q/fcc-just-releases-new-internet-and.html
More Info: http://www.cybertelecom.org/broadband/706.htm

UPS, TomTom, the American Car Rental Association, Four Key Aviation Groups and Others Sign on to Expanding Coalition Amid Fears of GPS Interference, Digital Journal
New "Coalition to Save Our GPS" Members Include the International Air Transport Association, National Business Aviation Association, the Regional Airline Association and Metropolitan Washington Airport Authorities
http://www.digitaljournal.com/pr/257051
More Info: http://www.cybertelecom.org/broadband/gps.htm

Broadband data maps, brought to you by M-Lab, Google
In 2009 we helped a group of researchers and industry partners launch Measurement Lab (M-Lab), an open platform for broadband measurement tools. Over the past two years, M-Lab has grown significantly – more than 300 terabytes of data from over half a billion tests are now publicly available.
http://feedproxy.google.com/~r/GooglePublicPolicyBlog/~3/Ly9nhs7Arbg/broadband-data-maps-brought-to-you-by-m.html
More Info: http://www.cybertelecom.org/broadband/map.htm

Google spends $1 million on censorship and throttling detection, Ars Technica
Google has awarded $1 million to Georgia Tech researchers so that they can develop simple tools to detect Internet throttling, government censorship, and other "transparency" problems.
http://arstechnica.com/tech-policy/news/2011/03/google-spends-1-million-on-censorship-and-throttling-detection.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/cda/firsta.htm

Rogers Admits Traffic Management Throttles World of Warcraft, Geist
Rogers has admitted that its traffic management practices may interfere with World of Warcraft. It says modifications to its software will not be ready until June.
http://feedproxy.google.com/~r/MichaelGeistsBlog/~3/lzsf3UA_T6M/
More Info: http://www.cybertelecom.org/ci/neutralnot.htm

With AT&T/T-Mobile, wireless net neutrality should be back on the table, Ars Technica
The fear and loathing index on AT&T's proposed acquisition of T-Mobile just keeps rising. The latest negative input comes from The Economist in an editorialtitled "Not so fast, Ma Bell." The magazine blows off AT&T's claim that the merger will "further improve the customer experience" by making AT&T more competitive with Verizon.
http://arstechnica.com/tech-policy/news/2011/03/does-an-attt-mobile-merger-put-wireless-net-neutrality-back-on-the-table.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Microsoft buys old net addresses, BBC
Microsoft has offered to pay $7.5m (£4.7m) for net addresses from bankrupt telecoms firm Nortel.
http://www.bbc.co.uk/go/rss/int/news/-/news/technology-12859585
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Microsoft Acquires IPv4 Addresses from Nortel, Internet News
Microsoft acquires over 666,000 legacy IPv4 addresses for $7.5 million from bankrupt Nortel Networks.
http://feedproxy.google.com/~r/InternetnewsRealtimeNewsForItManagers/~3/uK8ytxPa328/3929116
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Microsoft offers $7.5M for 666,624 IPv4 addresses, CW
Microsoft has agreed to pay $7.5 million to purchase a block of 666,624 IPv4 addresses from bankrupt Canadian telecom equipment maker Nortel in a move that some see as a signal of the increasing value of IPv4 addresses.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/zMDa7H50w5Q/Microsoft_offers_7.5M_for_666_624_IPv4_addresses
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Judge Rejects Google Books Settlement, Wired
Saying the deal went "too far," a federal judge Tuesday rejected Google's proposed legal settlement with book publishers, an accord that would have paved a path toward digitizing the world's books
http://feeds.wired.com/~r/wired/politics/~3/X8UYlpm8yKU/
More Info: http://www.cybertelecom.org/ip/copyright.htm

US court blocks Google book deal, BBC
A copyright deal between Google and publishers over the web firm's publication of books online is torpedoed by a US court.
http://www.bbc.co.uk/go/rss/int/news/-/news/business-12827031
More Info: http://www.cybertelecom.org/ip/copyright.htm

Judge Rejects Book-Scanning Deal Between Google And Publishers, Authors, NPR
The judge ruled that settlement between the technology giant and authors and publishers went "too far," and gave Google an unfair advantage over competitors.
http://www.npr.org/blogs/thetwo-way/2011/03/22/134771196/judge-rejects-book-scanning-deal-between-google-and-publishers-authors?ft=1&f=1019
More Info: http://www.cybertelecom.org/ip/copyright.htm

Google Books Decision: "The Privacy Concerns are Real", EFF
A federal district court in New York today issued a long-awaited ruling in the Google Books case, Authors Guild v. Google, rejecting the proposed settlement between the parties.
http://www.eff.org/deeplinks/2011/03/google-books-decision-privacy-concerns-are-real
More Info: http://www.cybertelecom.org/ip/copyright.htm

Paul Vixie Explains Why COICA Is A Really Dumb Idea, Techdirt
If you don't know who Paul Vixie is, you should. When Vixie speaks about something concerning the underlying state of the internet -- or, more specifically, a ridiculously stupid government plan to do something involving the underlying state of the internet, you should listen. On that front, Vixie is now explaining why the proposed COICA bill is incredibly short-sighted and
http://www.techdirt.com/articles/20110321/03124813572/paul-vixie-explains-why-coica-is-really-dumb-idea.shtml
More Info: http://www.cybertelecom.org/ip/copyright.htm

The Evolution of Blogging, USTelecom
Blogging on the Internet has opened up new possibilities for those eager to publish their points of view. From writers eager to reach an audience or catch a publisher's eye to hobbyists looking to share their passions, blogging has become increasingly mainstream with many corporations featuring entries on their websites.
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/03/25/the-evolution-of-blogging/
More Info: http://www.cybertelecom.org/media/

A Fine Day for FTC's Blogger Rules, Citizen's Media
The Federal Trade Commission has announced the first monetary penalty under its "Guides Concerning the Use of Endorsements and Testimonials in Advertising": a $250,000 settlement with a company that sells guitar lessons on DVDs.
http://feedproxy.google.com/~r/CitizenMediaLawProject/~3/tWe2bDfhctc/fine-day-ftcs-blogger-rules
More Info: http://www.cybertelecom.org/media/

CBS Pulls Showtime Content From Netflix - Effort to Reduce Netflix Influence Continues, dslreports
With Hulu essentially a timid extension of the cable industry, Netflix is about as disruptive as you're currently going to get in the Internet video space. That's certainly not thanks to Hollywood, which has employed obnoxious licensing restrictions like 30 day new release delays to limit Netflix's power and supposedly protect DVD sales revenue. Hollywood has made it clear
http://www.dslreports.com/shownews/CBS-Pulls-Showtime-Content-From-Netflix-113376
More Info: http://www.cybertelecom.org/media/video.htm

John Soma, Melodi Mosley Gates, & Michael Smith, Bit-wise But Privacy Foolish: Smarter Emassagin Technologies Call for a Return to Core Privacy Principles, Alb. L.J. Sci & Tech.
In this era of constantly evolving electronic messaging ("emessaging") features and functions, courts have unfortunately been seduced by the glow of individual technologies. As we will demonstrate, rather than calling for unique treatment, each of
http://www.albanylawjournal.org/articles/Soma.pdf
More Info: http://www.cybertelecom.org/privacy/

Daniel Solove, Paul Schwartz, Privacy Law Fundamentals, GWU Law School Public Law Research Paper No. 542
"Privacy Law Fundamentals" is a distilled guide to the essential elements of U.S. data privacy law. In an easily-digestible format, the book covers core concepts, key laws, and leading cases. Included here for download are The Table of Contents and Chapter 1.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1790262
More Info: http://www.cybertelecom.org/privacy/

From Facebook to Mug Shot: How the Dearth of Social Networking Privacy Rights Revolutionized Online Government Surveillance, Pace Law Rev
This Article seeks to bring attention to this problem and rectify it. It examines Facebook's architecture, reveals the ways in which government agencies have investigated crimes on social networking sites, and analyzes how courts have interpreted the Fourth Amendment and the ECPA.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1782267
More Info: http://www.cybertelecom.org/privacy/socialnetworks.htm

The Majority Of America Is Now On Facebook, Huff
Facebook may be getting closer to taking over America.
http://www.huffingtonpost.com/2011/03/25/facebook-user-statistics-america_n_840524.html
More Info: http://www.cybertelecom.org/privacy/socialnetworks.htm

EU probes cyber attack, Globe and Mail
Officials take precautions as attack appears to have been narrowly targeted
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/t9qihQakxLE/
More Info: http://www.cybertelecom.org/security/

Feature: How the Comodo certificate fraud calls CA trust into question, Ars Technica
Recently at Ars we've had a couple of discussions about the use of HTTPS—that is, HTTP secured using SSL or TLS—for every website, as a way of keeping sensitive information out of reach of eavesdroppers and ensuring privacy. That's
http://arstechnica.com/security/news/2011/03/how-the-comodo-certificate-fraud-calls-ca-trust-into-questionhow-the-comodo-certificate-fraud-calls-ca-trust-into-question.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/security/

Iran accused in 'dire' net attack, BBC
One of the net's key security systems was close to 'meltdown' following a state-sponsored attack say experts
http://www.bbc.co.uk/go/rss/int/news/-/news/technology-12847072
More Info: http://www.cybertelecom.org/security/

Iranian hackers obtain fraudulent HTTPS certificates: How close to a Web security meltdown did we get?, EFF
On March 15th, an HTTPS/TLS Certificate Authority (CA) was tricked into issuing fraudulent certificates that posed a dire risk to Internet security. Based on currently available information, the incident got close to — but was not quite — an Internet-wide security meltdown. As this post will explain, these events show why we urgently need to start reinforcing the system that is currently used to authenticate and identify secure websites and email systems.
http://www.eff.org/deeplinks/2011/03/iranian-hackers-obtain-fraudulent-https
More Info: http://www.cybertelecom.org/security/

Ian Walden, Law Enforcement Access in a Cloud Environment, Queen Mary School of Law Legal Studies Research Paper
For LEAs, cloud service providers and users, each of these issues presents a boundary between lawful and unlawful behaviours, or regulated and unregulated activities. This article examines how and when those boundaries apply, and what mechanisms have been adopted, or are proposed, to address the needs of LEAs in a cloud environment. This article focuses on European Union and international legal rules, particularly the Council of Europe Cybercrime Convention (2001), on obtaining data for investigative and subsequent prosecutorial purposes, and how such rules interact and potentially conflict with foreign laws and rules.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1781067
More Info: http://www.cybertelecom.org/security/bigbrother.htm

David W. Opderbeck, Cybersecurity and Executive Power, Seton Hall Public Law Research Paper
This article analyzes the Constitutional authority of the U.S. President to shut down or limit public access to the Internet in a time of national emergency.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1788333
More Info: http://www.cybertelecom.org/security/killswitch.htm

Hackers exploit chink in Web's armor, CNET
Attack highlights flaws in a now-antiquated system that gives 650 different organizations, including the Tunisian government, the master keys to Web authentication.
http://news.cnet.com/8301-31921_3-20046588-281.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/security/vulnerable.htm

Come 'n' Get it: RUS Ready To Open Coffers Again, CommLawBlog
$700 million in low-interest loans available for would-be rural broadband providers
http://feeds.lexblog.com/~r/CommLawBlog/~3/4_oOF69vjxk/
More Info: http://www.cybertelecom.org/usf/funding.htm

Laws of the Internet: Edition 1, Electrozo
Recently, a song has been uploaded and put up for sale by Rebecca Black, an "artist" who appeared to come out of nowhere, made a song about a day of the week, and got 65 million views in 3 days. She has become what I like to call a "flash meme." Almost everywhere on the internet, there is a refference to her video right now, including Electrozo iteslf.As
http://feedproxy.google.com/~r/Electrozo/~3/ylfT5hL_6dg/laws-of-internet-edition-1.html
More Info: http://www.cybertelecom.org/

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Wednesday, March 23, 2011

EVENT: The Mythology of Networks (and Other Lessons from the Commercial Internet) April 7 Arlington, VA

Shane Greenstein: Elinor and H. Wendell Hobbs Professor of Management
and Strategy Kellogg School of Management, Northwestern University

Thursday, April 7, 2011
4:00 pm in Room 120, George Mason University School of Law
3301 Fairfax Drive, Arlington, Va.
(Orange Line: Virginia Square-GMU Metro)

Advanced data networks arose under government sponsorship in the 1970s
and 1980s; they were commercialized in the 1990s. As the "network of
networks" has evolved, it has touched a wide range of economic
activities and revolutionized large areas of social life. Which
economic metaphors contribute to understanding -- or confusion -- as
to how the Internet grew to its present size, structure, and
importance?

Six myths about the Internet frame the presentation. It will explain
why the US government funded the R&D that led to the Internet, why the
Internet was neither cheap nor easy to invent, and why government
funding had consequences for the direction of commercial innovation.
The presentation also will discuss why common claims for more
innovation in open networks are not true in general but were in this
historical instance, why the commercial Internet did not resemble a
highway (and still does not), and why the Internet has not led to the
death of distance. Overall, the presentation illustrates several
useful government-sponsored arrangements for encouraging innovation.
It also illustrates a potential drawback to government sponsorship –
in this instance, truncation of exploratory activity. Lastly, it also
aims to illustrate the power of market experimentation to foster new
directions of innovative activity.

Professor Greenstein is a leading academic in the business economics
of computing, communications and Internet infrastructure. He writes
on the industrial economics of platforms, and changes in
communications policy. Thursday, April 7, 2011, 4 p.m. - 5:30 p.m.,
reception to follow. Admission is free, but seating is limited. *To
reserve your spot, please respond via email: iep.gmu@gmail.com.

Monday, March 21, 2011

3.21 :: Unthinkable :: Hazards of Twitter :: Woodward Blames Google :: Happy Birthday :: Motivation, Expertise, and Wherewithal ::

============================================
CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
============================================
"Many wealthy people are little more than janitors of their possessions." -Frank Lloyd Wright

GPS tests started by LightSquared, Techworld
NASA representatives part of group to determine network interference
http://news.techworld.com/networking/3266108/gps-tests-started-by-lightsquared/
More Info: http://www.cybertelecom.org/broadband/gps.htm

Happy Birthday NBP, AT&T
As we gear up for tomorrow's event at Georgetown University marking the one-year anniversary of the National Broadband Plan, I guess the inevitable question is, are we there yet? Well, not exactly. But after a somewhat slow start, the FCC has really picked up the pace in the last few
http://attpublicpolicy.com/broadband-policy/happy-birthday-nbp/
More Info: http://www.cybertelecom.org/broadband/plan.htm

47 USC 230 Retrospective Conference Recap, Tech & Marketing Law
Earlier this month, we had a major academic event on 47 USC 230. My notes are especially...
http://blog.ericgoldman.org/archives/2011/03/47_usc_230_retr.htm
More Info: http://www.cybertelecom.org/cda/samaritan.htm

ISPs defend plan for two-tier net, BBC
In a heated debate about net neutrality, ISPs argue that all traffic is equal but some is more equal than others.
http://www.bbc.co.uk/go/rss/int/news/-/news/technology-12791376
More Info: http://www.cybertelecom.org/ci/neutral.htm

Verisign Announces Participation in World IPv6 Day, Verisign
VeriSign, Inc. (NASDAQ: VRSN), the trusted provider of Internet infrastructure services for the networked world, today announced the company will participate in the Internet Society's World IPv6 Day, a 24-hour global "test drive" of IPv6 on June 8, 2011.
https://press.verisign.com/easyir/customrel.do?easyirid=AFC0FF0DB5C560D3&version=live&prid=733960&releasejsp=custom_97
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Transitioning Protocols - Part 2, Potaroo
We can't assume that clients have the motivation, expertise and wherewithal to bypass their ISP and set up IPv6 access on their own, either through auto-tunnelling or through manually configured tunnels. The inference from this observation is that for as long as the mass market ISPs
http://www.potaroo.net/ispcol/2011-03/transtools-part2.html
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Why ICANN's Approval of the XXX domain is an important precedent, IGP
The 7 year old saga of the XXX top level domain ended, more or less, on Friday March 18. And as luck would have it, the story turned out to have a happy ending. If you read the ICANN Board's rationale for its decision, and can make sense of the legal and process details, there is an abundance of good precedents and good news. The only blemish is that only 8 Board members voted the right way: 3 voted no and 4 ducked
http://feedproxy.google.com/~r/IGPBlog/~3/hZ4TVzDY9g0/4775146.html
More Info: http://www.cybertelecom.org/dns/xxx.htm

Sex domain given final approval, BBC
The overseer of the internet's addressing system gives final approval to the creation of a .xxx domain for explicit material.
http://www.bbc.co.uk/go/rss/int/news/-/news/world-us-canada-12793606
More Info: http://www.cybertelecom.org/dns/xxx.htm

AT&T agrees to buy T-Mobile USA, WAPO
AT&T has agreed to buy T-Mobile USA in a $39 billion deal that would create the country's largest cellphone carrier.
http://www.washingtonpost.com/wp-dyn/content/article/2011/03/21/AR2011032101429.html?wprss=rss_technology
More Info: http://www.cybertelecom.org/industry/att.htm

AT&T to Acquire T-Mobile USA From Deutsche Telekom, AT&T
AT&T Inc. (NYSE: T) and Deutsche Telekom AG (FWB: DTE) today announced that they have entered into a definitive agreement under which AT&T will acquire T-Mobile USA from Deutsche Telekom in a cash-and-stock transaction currently valued at approximately $39 billion. The agreement has been approved by the Boards of Directors of both companies.
http://feedproxy.google.com/~r/AttCorporateRssFeeds/~3/soWtE2aWwY4/press-room
More Info: http://www.cybertelecom.org/industry/att.htm

Rockefeller Says Leave No Stone Unturned in Reviewing AT&T's Buyout of T-Mobile, Senate Commerce
Chairman John D. (Jay) Rockefeller IV today issued the following statement following the announcement that AT&T intends to purchase T-Mobile USA:
http://commerce.senate.gov/public/index.cfm?p=PressReleases&ContentRecord_id=9fc76f62-43c6-4e37-b932-15ad5a33f6a2
More Info: http://www.cybertelecom.org/industry/att.htm

Public Knowledge Sees AT&T Purchase of T-Mobile As 'Unthinkable', PK
"The combination of the second-largest wireless carrier, AT&T, with the fourth-largest, T-Mobile is, as former FCC Chairman Reed Hundt once said, 'unthinkable.' We urge policymakers to think similarly today. The wireless market, now dominated by four big companies, would have only three at the top. We know the results of arrangements like this – higher prices, fewer choices, less innovation.
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/Tuowd-W73iE/public-knowledge-sees-att-purchase-t-mobile-unthin
More Info: http://www.cybertelecom.org/industry/att.htm

In AT&T & T-Mobile Merger, Everybody Loses, Gigaom
The lull of my lazy, rainy weekend was broken by the news that AT&T plans to acquire T-Mobile USA for a whopping $39 billion in cash and stock. Who wins and who loses in this deal? It's hard to find winners, apart from AT&T and T-Mobile shareholders. Here is a list of who loses, in my opinion, in this deal:
http://feedproxy.google.com/~r/OmMalik/~3/RsK9_zyn4Zg/
More Info: http://www.cybertelecom.org/industry/att.htm

Free Press Pans AT&T Takeover of T-Mobile: Consumers Lose When There's Less Competition, Free Press
On Sunday, AT&T announced it had reached an agreement to takeover T-Mobile USA for $39 billion. If approved by federal regulators at the Department of Justice and the Federal Communications Commission, the merger would unite the second- and fourth-largest wireless carriers, representing nearly 130 million subscribers.
http://www.freepress.net/press-release/2011/3/20/free-press-pans-att-takeover-t-mobile-consumers-lose-when-theres-less-compet
More Info: http://www.cybertelecom.org/industry/att.htm

France fines Google over Street View privacy breaches, Globe and Mail
Watchdog gives first ever fine for gathering and storing data while mapping streets
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/9iHBDh5z59Y/
More Info: http://www.cybertelecom.org/industry/google.htm

Happy Birthday Twitter!, Twitter
It's easy to remember working with @jack, @ev, and our tiny team on a project we called Twitter like it was last week. Amazingly, it's five years ago today that the first tweet was sent. Over these years, Twitter has matured and made an impact in the areas of social responsibility, politics,
http://blog.twitter.com/2011/03/happy-birthday-twitter.html
More Info: http://www.cybertelecom.org/media/

The Hazards Of Twitter: How Much Is Too Much In 140 Characters Or Less?, NPR
Neda Ulaby reports that recent world events have refocused attention on the shifting standards for jokes in the Twitter age. One comedian has already lost a high-profile job for tweeting about Japan.
http://www.npr.org/blogs/monkeysee/2011/03/18/134634242/the-hazards-of-twitter-how-much-is-too-much-in-140-characters-or-less?ft=1&f=1019
More Info: http://www.cybertelecom.org/media/

New York Times Launches Paywall, Huff
The New York Times announced Thursday that it will begin charging readers for online access to its content, marking a dramatic shift in the relationship that a news outlet with the largest online readership in the country will have to the Web.
http://www.huffingtonpost.com/2011/03/17/new-york-times-launches-p_n_837053.html
More Info: http://www.cybertelecom.org/media/news.htm

Nearly One-Half of American Adults Rely on the Internet for Their News, Connected Nation
According to the 2011 State of the News Media report released this week by the Pew Project for Excellence in Journalism, 46% of American adults say they get their news from online sources at least three times per week, while only 40% say the same thing about newspapers. In fact, this is the first time in this annual study that
http://connectednationblog.blogspot.com/2011/03/nearly-one-half-of-american-adults-rely.html
More Info: http://www.cybertelecom.org/media/news.htm

Bob Woodward Blames Google For 'Killing' Newspapers, Techdirt
"There's going to be something we're going to miss in journalism that will be very regrettable. I hope the young people who have developed Facebook and Google will say, 'We need to fix the information system and we need to get information to people that's well-researched and investigated.' "
http://www.techdirt.com/articles/20110318/03312313538/bob-woodward-blames-google-killing-newspapers.shtml
More Info: http://www.cybertelecom.org/media/news.htm

How Dan Snyder's 'Libel' Suit Against Unflattering Article Demonstrates Need For Federal Anti-SLAPP Law, Techdirt
In February, we wrote about how Washington Redskins (er, we mean Washington Professional Football Team Who Shall Not Be Named) owner Dan Snyder had such a thin skin that he had sued a local newspaper, the Washington City Paper, claiming libel over a silly satirical story that mocked Snyder.
http://www.techdirt.com/articles/20110317/00263913523/how-dan-snyders-libel-suit-against-unflattering-article-demonstrates-need-federal-anti-slapp-law.shtml
More Info: http://www.cybertelecom.org/media/news.htm

Rustock Botnet Beaten Down by Microsoft, Internet News
On the heels of last year's successful takedown of another giant botnet, Microsoft just shut down a bigger and more sophisticated botnet this week.
http://feedproxy.google.com/~r/InternetnewsRealtimeNewsForItManagers/~3/-grcS8ec0Fw/3928681
More Info: http://www.cybertelecom.org/security/worms.htm

The Internet and Campaign 2010, Pew
54% of voting-age Americans used the internet for political purposes during the 2010 midterm elections and the internet continues to grow as a source of political news.
http://www.pewinternet.org/Press-Releases/2011/The-Internet-and-Campaign-2010.aspx
More Info: http://www.cybertelecom.org/vote/

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

Thursday, March 17, 2011

3.17 :: Serious Risk :: One Year Later :: The Clock is Ticking :: The Difference Between Slow and Bad :: Crunch Time :: Mercedes Divide ::

============================================
CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
============================================
The tax which will be paid for the purpose of education is not more
than the thousandth part of what will be paid to kings, priests and
nobles who will rise up among us if we leave the people in ignorance.
–Thomas Jefferson

LightSquared GPS Working Group Sends FCC Its First Report on
Interference Assessment, Inside GNSS
Yesterday (March 15, 2011), a working group mandated by the FCC waiver
to address the potential LightSquared/GPS interference issue delivered
its first monthly report required by the FCC.
http://www.insidegnss.com/node/2517
More Info: http://www.cybertelecom.org/broadband/gps.htm

FCC Waiver Poses Serious Risk to GPS, TMC
Trimble, a founding member of the Coalition to Save Our GPS has
revealed to a House Committee that a recent waiver given by the
Federal Communications Commission could severely disrupt the Global
Positioning Systems (GPS). FCC granted an unusual conditional waiver
to a company
http://communication-solutions.tmcnet.com/topics/communication-solutions/articles/154311-fcc-waiver-poses-serious-risk-gps.htm
More Info: http://www.cybertelecom.org/broadband/gps.htm

One Year Later, FCC
Last year, the Federal Communications Commission developed and
released the National Broadband Plan (the Plan) to ensure that every
American has "access to broadband capability." A section of the Plan
included a detailed strategy for achieving maximum use of broadband to
advance public safety communications. One year
http://blog.broadband.gov/?entryId=1338274
More Info: http://www.cybertelecom.org/broadband/plan.htm

Chairman Genachowski: The Clock is Ticking, FCC
This morning Chairman Genachowski spoke on spectrum, consumers and
America's small businesses, delivering the keynote address as part of
the Mobile Future Forum. He called attention to the growth of
broadband in America, the looming spectrum crisis and our solution,
voluntary, market-based incentive auctions to free up that spectrum.
He emphasized "we must act" to set the pace for the 21st century and
said, "there's no other choice than for the U.S. to lead."
http://blog.broadband.gov/?entryId=1339060
More Info: http://www.cybertelecom.org/broadband/wireless.htm

How 47 USC 230 Improves Marketplace Efficiency, Tech & Marketing Law
I have been working on a draft article currently titled "In Defense of
47 USC 230" (I'm...
http://blog.ericgoldman.org/archives/2011/03/how_47_usc_230.htm
More Info: http://www.cybertelecom.org/cda/samaritan.htm

Testifying before Congress: Net Neutrality, Network Musings
In general, the Republicans who wished to repeal the FCC order tried
to: • Confuse regulating access to the Internet (telecommunications
providers: i.e. Verizon and ATT for the vast bulk of Americans) which
is the subject of the FCC order, and regulating services (Google,
Amazon, Facebook) which aren't under the FCC's jurisdiction.
http://networkmusings.blogspot.com/2011/03/testifying-before-congress-net.html
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

House Panel Moves Forward To Repeal Net Neutrality Rules, Huff
House Republicans have taken another step toward repealing new Federal
Communications Commission rules that prohibit phone and cable
companies from interfering with Internet traffic on their broadband
networks.
http://www.huffingtonpost.com/2011/03/16/net-neutrality-vote_n_836395.html
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

In Which We Learn the Difference Between "Being Slow" and "Bad Faith"
(Anticybersquatting Consumer Protection Act), Cybertelecom
One of the interesting things coming forward in the AntiCybersquatting
Consumer Protection Act (ACPA) cases is that even though a defendant
can register a domain name in good faith, the use of that domain name
can morph into bad faith and violate the ACPA. This commonly occurs
when there is a contractual arrangement between the trademark owner
and the domain name registrant that eventually
http://cybertelecom.blogspot.com/2011/03/in-which-we-learn-difference-between.html
More Info: http://www.cybertelecom.org/dns/acpa.htm

IPv6 Crunch Time Nears, Comm Tech
With the clock ticking, CableLabs now is holding weekly IPv6 phone
conferences with cable-industry players.
http://www.cable360.net/ct/news/ctreports/commentary/IPv6-Crunch-Time-Nears_45542.html
More Info: http://www.cybertelecom.org/dns/ipv6.htm

IPv6 Address Allocations, Circleid
Last year, we presented statistics on the number of RIPE NCC members
and the resources distributed to them. Now, one year later, we revisit
the topic and look at how things evolved in 2010. We were particularly
interested to see how the number of IPv6 allocations increased over
time.
http://www.circleid.com/posts/20110315_ipv6_address_allocations/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

FTC Online Endorsement Guidelines Strike Again - FTC Dings Legacy
Learning Over Allegedly Misleading Affiliate Reviews, Tech & Marketing
Law
n re Legacy Learning Systems, Inc., FTC File No. 102 3055...
http://blog.ericgoldman.org/archives/2011/03/ftc_endorsement_1.htm
More Info: http://www.cybertelecom.org/ecom/advertising.htm

Study Suggests That The Internet Makes Youth 'More Engaged Citizens', Techdirt
Following on our recent post discussing Clay Shirky's views concerning
social media's role in helping to politicize people who were formerly
not all that interested in politics, Shocklee points us to news of a
recent study that has found, indeed, that high school students who use
the internet to research key interests "were more likely to become
involved in 'civic and political
http://www.techdirt.com/articles/20110311/00395613436/study-suggests-that-internet-makes-youth-more-engaged-citizens.shtml
More Info: http://www.cybertelecom.org/egov/

The Internet and Campaign 2010, Pew
54% of adults used the internet for political purposes in the 2010
election cycle, far surpassing the 2006 midterm contest.
http://www.pewinternet.org/Reports/2011/The-Internet-and-Campaign-2010.aspx
More Info: http://www.cybertelecom.org/egov/

Quake damages plants of Fujitsu and Canon, CW
The 8.9 magnitude earthquake last week has brought damages to six
plants of the Fujitsu Group and several facilities of Canon.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/nQvSk5lYCsk/Quake_damages_plants_of_Fujitsu_and_Canon
More Info: http://www.cybertelecom.org/industry/

Free Calls to Japan, Text to Donate, and Free TV Japan, Verizon
See here for the latest, Verizon announces it will match Verizon
employee donations to relief efforts of between $25 and $1,000 to the
three designated relief agencies.
http://policyblog.verizon.com/BlogPost/783/FreeCallstoJapanTexttoDonateandFreeTVJapan.aspx
More Info: http://www.cybertelecom.org/intl/asia.htm

Comcast Provides Free Calls to Japan, COMCAST
Our thoughts go out to all of the victims of the devastating
earthquake and tsunami that swept Japan, as well as to their family
and friends.
http://blog.comcast.com/2011/03/free-calls-to-japan.html
More Info: http://www.cybertelecom.org/intl/asia.htm

White House wants new copyright law crackdown, CNET
Obama administration asks Congress to make "illegal streaming" of
audio or video a federal felony and says FBI agents should be able to
wiretap suspected infringers.
http://news.cnet.com/8301-31921_3-20043421-281.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/ip/copyright.htm

Rep. Lofgren Again Explains How And Why Domain Seizures Violate The
Law, Techdirt
We had just pointed to a lawyer explaining why the domain seizures by
the government were likely to be unconstitutional. That was in
response to some of our commenters who insist that anyone who actually
understands the law would clearly see that such seizures are perfectly
fine. Well, here's another lawyer who disagrees -- and she also
happens to be a Congressional
http://www.techdirt.com/articles/20110315/02182213498/rep-lofgren-again-explains-how-why-domain-seizures-violate-law.shtml
More Info: http://www.cybertelecom.org/ip/copyright.htm

Netflix Vying To Acquire Original TV Series, Huff
Netflix Inc. is trying to buy the Internet streaming rights to a
26-episode drama starring Kevin Spacey before the series is shown on a
television network.
http://www.huffingtonpost.com/2011/03/16/netflix-tv-series-rights_n_836713.html
More Info: http://www.cybertelecom.org/media/video.htm

Why Netflix's Lousy On-Demand Library Is Beating iTunes and Everyone
Else, Ecommerce Times
For a company that's been criticized for hanging onto an old-school
movie rental business -- DVDs and Blu-ray disks -- Netflix seems to be
surviving just fine. A year ago, Netflix stock traded for less than
$70 per share, while today it's been up well over $200. Sure, it
seemed
http://www.ecommercetimes.com/rsstory/72085.html
More Info: http://www.cybertelecom.org/media/video.htm

Stunning story revealed in latest Netflix movie stats, CNET
New study underscores stunning emergence of Netflix as a dominant
supplier of digital movies.
http://news.cnet.com/8301-1023_3-20043475-93.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/media/video.htm

NATOA Congratulates New NCTA President Michael Powell, NATOA
The National Association of Telecommunications Officers and Advisors
(NATOA) congratulates former FCC Chairman Michael Powell on being
named President of the National Cable and Telecommunications
Association (NCTA). "We look.
http://feedproxy.google.com/~r/natoa-news/~3/OANiGICqkhc/natoa-congratulates-new-ncta-p.html
More Info: http://www.cybertelecom.org/notes/fcc.htm

Public Knowledge Statement on Michael Powell Appointment as NCTA President, PK
We congratulate former FCC Chairman Michael Powell on his appointment
as president and CEO of the National Cable and Telecommunications
Association.
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/getTm3W1uA4/public-knowledge-statement-michael-powell-appointm
More Info: http://www.cybertelecom.org/notes/fcc.htm

"There's a Mercedes divide": former FCC chief now top cable lobbyist,
Ars Technica
The revolving door that is Washington, DC swiveled rather loudly
yesterday with the announcement that former Federal Communications
Commission Chair Michael K. Powell will soon head the National Cable
and Telecommunications Association. Powell ran the FCC from 2001
through 2005.
http://arstechnica.com/tech-policy/news/2011/03/what-did-he-mean-by-that-mercedes-divide-fcc-chief-now-top-cable-lobbyist.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/notes/fcc.htm

Senate Committee Holds Hearing on the State of Online Consumer Privacy, Info Law
On March 16, 2011, the U.S. Senate Committee on Commerce, Science, and
Transportation held a full committee hearing on the state of online
consumer privacy. The hearing was the first in a series of hearings
the Committee will hold on consumer privacy in the 112th Congress. The
hearing focused on online commercial practices that involve
collecting,
http://feeds.lexblog.com/~r/InfoLawGroup/~3/pRYZ9XU0T-w/
More Info: http://www.cybertelecom.org/privacy/

Congress Should Reject Privacy-Killing Do Not Track Mandate, Tech Lib Front
The push for online privacy regulation has real momentum, as proposed
privacy legislation from numerous lawmakers, aDepartment of Commerce
report proposing a compulsory Do Not Track mechanism to regulate
business marketing practices, and the Obama Administration's proposed
"Privacy Bill of Rights" all indicate.
http://feedproxy.google.com/~r/techliberation/~3/hC_qxqWQwZQ/
More Info: http://www.cybertelecom.org/privacy/

White House To Push Privacy Bill Of Rights, Huff
The Obama administration plans to ask Congress Wednesday to pass a
"privacy bill of rights" to protect Americans from intrusive data
gathering, amid growing concern about the tracking and targeting of
Internet users.
http://www.huffingtonpost.com/2011/03/16/privacy-bill-of-rights_n_836397.html
More Info: http://www.cybertelecom.org/prviacy/

Making Twitter more secure: HTTPS, Twitter
Today, we're taking an important step to make it easier to manage the
security of your Twitter experience – we are adding a user setting
that lets you always use HTTPS when accessing Twitter.com. Using HTTPS
for your favorite Internet services is particularly important when
using them over unsecured WiFi connections.
https://www.google.com/reader/view/feed/http%3A%2F%2Ffeeds.feedburner.com%2FTwitterBlog
More Info: http://www.cybertelecom.org/security/

Making Universal Service and Intercarrier Compensation Reform Happen, FCC
When we voted unanimously to approve the USF/ICC Transformation NPRM
last month, each of us made clear that we are committed to reforming
the Universal Service Fund (USF) and the Intercarrier Compensation
(ICC) system, and to doing so as soon as possible. We must eliminate
waste and inefficiency and modernize USF and ICC to bring the benefits
of broadband to all Americans. We can't afford to delay.
http://blog.broadband.gov/?entryId=1335554
More Info: http://www.cybertelecom.org/usf/

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Tuesday, March 15, 2011

In Which We Learn the Difference Between “Being Slow” and “Bad Faith” (Anticybersquatting Consumer Protection Act)

One of the interesting things coming forward in the AntiCybersquatting Consumer Protection Act (ACPA) cases is that even though a defendant can register a domain name in good faith, the use of that domain name can morph into bad faith and violate the ACPA. This commonly occurs when there is a contractual arrangement between the trademark owner and the domain name registrant that eventually “sours.”

In today’s case, In Re Gharbi, Bankruptcy Court, (WDTX, Austin Div. March 3, 2011), Defendant Gharbi was a franchisee of Century 21 Real Estate, as a franchisee he registered several domain names (century21austin.com, texascentury21.com, and www.texasproperties.com/century21capitalteam), and eventually the franchisee agreement lapsed. According to Plaintiff Century 21 Real Estate, Defendant continued to use those domain names and Plaintiff sued. Last year, Plaintiff filed a Motion for Summary Judgment (this is a preliminary procedure where a party says “no relevant facts are in dispute and the court can decide this case on paper”). However, the Court at that time was uncertain, stating

The evidence in this case does not positively establish that the Defendant used the Century 21 mark in his businesses' domain names with the specific intent to profit. Although the evidence could suggest that the Defendant did not change the domain names because he wanted divert consumers from authorized Century 21 realtors to his website, it is also possible that the Defendant was simply slow to act in removing the mark and shutting down the businesses' websites.

In Re Gharbi, Bankruptcy Court (WDTX Austin Div. April 19, 2010) (emphasis added).

So.... was Defendant simply slow to act?

At trial, evidence came forward that the Defendant had hired a webdesigner to manage his websites. After learning that the franchisee agreement had lapsed, Webdesigner

sent a letter to Defendant, informing him that Defendant's websites continued to use Century 21 trademarks and names, which Defendant no longer had a right to do. [Webdesigner] included an agreement for Defendant's signature authorizing [Webdesigner] to remove the web content and "turn off" Defendant's websites. [Webdesigner] testified that Defendant, upon signing the document, added a note next to the signature block reading "Do not turn off the site. Forward it to the new website." The purpose of this instruction, according to [Webdesigner], was to allow the domain names that Defendant used for his Century 21 websites to serve as "pointers," which would direct users to the website of Defendant's new real estate business. ... In a letter dated September 7, 2007, [Webdesigner] advised Defendant against using these domain names as pointers because they appeared to be "possible Century 21 infringements."

Plaintiff produced evidence, partly from archive.org, demonstrating that the websites remained online, pointing to Defendant’s new website.

The court’s ACPA analysis turned on this:

The evidence adduced at trial shows that Defendant acted with the intent to divert consumers from Century 21's online locations (through the use of the websites) to Defendant's new place of business for the purpose of commercial gain. [Webdesigner] testified that Defendant asked about the advisability of using Century 21 names as "pointers" to lead to his website. [Webdesigner] stated that he advised Defendant against the idea and recommended that the domain names be turned off. Defendant, however, provided written instructions to [Webdesigner] not to turn off the domain names, but rather to use those domain names as pointers to Defendant's new website. . . . Defendant's conduct suggests a clear intent from Defendant to use the Century 21 name to direct traffic to his new business for commercial gain. Accordingly, after hearing the arguments of both parties, there is ample evidence to find that Defendant had a bad faith intent to profit in regard to the use of the domain names in question.

With the souring of a relationship, good faith transformed into bad faith and a violation of the ACPA.

In ACPA actions, Plaintiffs can ask for damages in the form of actual damages or statutory damages. Actual damages could be the amount that a defendant profits from the misdeeds or the losses incurred by plaintiff. In lieu of actual damages, plaintiffs can ask for statutory damages in an amount up to $100,000 per violation. Plaintiffs may opt for statutory damages where actual damages may be difficult to establish.

In this case, Plaintiff asked for statutory damages, and the court struggles to determine the appropriate amount of the award. The court noted

The Fifth Circuit has stated that the statutory damage provisions of ACPA are akin to the statutory damages provisions of the copyright laws, which the Supreme Court has said "not merely compel[] restitution of profit and reparation for injury but also [are] designed to discourage wrongful conduct." The Ninth Circuit has stated that the policy behind Section 1117 damages is to "take all economic incentive out of trademark infringement." A District Court in California discussed several factors to take into consideration when determining the amount to award a plaintiff under § 1117(d). Those factors include the egregiousness or willfulness of the cybersquatting conduct, the use of false contact information to conceal its infringing activities, the patterns of infringing conduct by the defendant, and other behavior by the defendant showing an attitude of contempt towards the court or the proceedings.

With that guidance, the Court noted the range of statutory awards that have been established through the limited caselaw:

  • Kiva Kitchen & Bath Inc. p 320-21 5th Cir. 2009: "The Fifth Circuit, in upholding an award for the statutory maximum determined that $100,000 per violation was warranted "in light of [defendant's] bad faith intent to divert potential customers to [defendant's] website and because [plaintiff] is a direct competitor of [defendant] in Dallas," and because "the [defendants] had refused to stop forwarding the infringing domain names or to transfer them to [plaintiff] until just a few weeks before trial.""
  • Electronics Boutique Holding Corp., p 8 EDPa Oct. 30, 2000: "the Eastern District of Pennsylvania awarded a plaintiff the statutory maximum of $100,000 per violation because the defendant had been previously enjoined from similar cybersquatting conduct and stated that the defendant "boldly thumbs his nose at the rulings of this court and the laws of our country. Therefore I find that justice in this case requires that damages be assessed against [defendant] in the amount of $100,000 per infringing domain name...""
  • E & J Gallo Winery, 286 F.3d at 278. Upholding the district court's award of $25,000 in statutory damages when the plaintiff in the case did not present any evidence that it lost any business due to the defendant's actions, but was at risk of losing business and of having its reputation tarnished.
  • Doctors Assoc., D Minn 2010. Awarding $25,000 in statutory damages.
  • Carnivale DDel 2010. Awarding damages of $25,000 in statutory damages.
  • Anlin, EDCA 2007. Awarding damages of $2500 per domain name for five domain names where plaintiff made no showing that it suffered damages.
  • Mattel, p. 5 SDNY Sept 7, 2011. Awarding "a plaintiff the statutory minimum of $1,000 per violation under § 1117(d), stating that "[t]he need for deterrence is not exceptional in this case since little if any actual harm has been done to [plaintiff], considering the minuscule number of web hits and the solitary sale of a pair of stockings." "

In this case, the court notes that Defendant’s use of the domain names was initially permissive, but that in time Defendant lost permission to use the trademarks and was advised that the use of the marks could be illegal. The Court concluded,

“While clearly wrong and intentional, the Court does not believe that Defendant's conduct rises to the level to warrant an award of the statutory maximum. The Court therefore finds that an award of $25,000 per violation, or $75,000 total, is just.“

Monday, March 14, 2011

3.14 :: Japan :: a Threat to GPS :: Overreach on NN :: IPv4 Regurgitates ::

============================================
CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
============================================

House Subcommittee Told FCC Action Poses a Threat to GPS, PRNewswire
A representative of a founding member of the Coalition to Save Our GPS
told a House subcommittee today that a recent action by the Federal
Communications Commission (FCC) could cause "consequences of
disruption" to the Global Positioning Systems (GPS) that will be "far
reaching, likely to affect large portions of the population and the
federal government."
http://www.prnewswire.com/news-releases/house-subcommittee-told-fcc-action-poses-a-threat-to-gps-117799348.html
More Info: http://www.cybertelecom.org/broadband/gps.htm

'Coalition To Save Our GPS' Takes Aim At Lightsquared - Urges FCC To
Pull New Spectrum Condition Waiver, dslreports
In a letter last January, the National Telecommunications and
Information Administration informed the FCC that Lightsquared's hybrid
LTE/satellite network may interfere with global satellite systems for
navigation, aeronautical emergency communications systems and
receivers used by Federal agencies. US Air Force Space Command and
General William Shelton also recently expressed concerns about
interference, going so far as to call potential problems
"unbelievable" while suggesting the FCC should "do the right thing"
and pull Lightsquared's licenses.
http://www.dslreports.com/shownews/Coalition-To-Save-Our-GPS-Takes-Aim-At-Lightsquared-113152
More Info: http://www.cybertelecom.org/broadband/gps.htm

Wireless Technology Prospects and Policy Options, CSTB
The use of radio-frequency communication--commonly referred to as
wireless communication--is becoming more pervasive as well as more
economically and socially important. Technological progress over many
decades has enabled the deployment of several successive generations
of cellular telephone technology, which is ...
http://www.nap.edu/catalog.php?record_id=13051
More Info: http://www.cybertelecom.org/broadband/wireless.htm

Web Startups Want An Open Internet -- House Republicans Don't, Huff
Veer and Vinay Gidwaney are the kind of people that House Republicans
should like. They are young, energetic, brilliant entrepreneurs. They
are just the kind of startups and small business creators that members
of Congress love to laud as the heart of the economy.
http://www.huffingtonpost.com/art-brodsky/web-startups-want-an-open_b_834490.html
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

A Dangerous Congressional Overreach on Net Neutrality, Save the Internet
Free Press Research Director S. Derek Turner testified on Thursday on
behalf of the Free Press Action Fund and the SavetheInternet.com
coalition before the House Energy and Commerce Subcommittee on
Communications and Technology.
http://www.savetheinternet.com/blog/11/03/10/dangerous-congressional-overreach-net-neutrality
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

The Internet and Innovation: My Testimony to Congress, Virulent Word of Mouse
A couple days ago I had the privilege and pleasure to testify before
the House Sub-committee on Communications, Technology and the
Internet, which is part of the Committee on Energy and Commerce in the
House of Representatives.
http://virulentwordofmouse.wordpress.com/2011/03/12/the-internet-and-innovation-my-testimony-to-congress/
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

IPv6 Percolates, IPv4 Regurgitates, Circleid
APNIC happened to be the first Regional Internet Registry to meet in
the IANA post IPv4 era. While discussions and proposals on how to
divvy up the last 'slash 8' into tinier blocks are to be expected, it
was rather unreal to see the energy spent divining how the RIR's would
share IPv4 space that would eventually be returned to IANA and then
regurgitated. A timewarp with the exhaustion clock turning backwards?
http://www.circleid.com/posts/20110311_ipv6_percolates_ipv4_regurgitates/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Home Networking Equipment Not Ready for IPv6, USTelecom
The University of New Hampshire InterOperability Lab held an IPv6
consumer electronics Plugfest to test the IPv6 compatibility and
readiness of consumer networking equipment. Although UNH has not
published the full results, according to Network World numerous bugs
were found in many of the top names in the home networking industry.
Compounding this issue is that the equipment manufacturers don't have
a lot of time to
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/03/09/home-networking-equipment-not-ready-for-ipv6/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

NASA Study Says Ice Caps Melting At A Much Faster Rate, Huff
A new NASA study says the ice caps are melting at a much faster rate.
http://www.huffingtonpost.com/2011/03/12/nasa-study-ice-caps-melting_n_834893.html
More Info: http://www.cybertelecom.org/environment.htm

Beware of Japanese Earthquake and Tsunami Scams, MSISAC
The MS-ISAC today reminds Internet users who receive appeals to donate
money in the aftermath of the earthquake and tsunami in Japan to apply
a critical eye and do their due diligence before responding to those
requests. Past tragedies and natural disasters have prompted
individuals with criminal intent to solicit contributions purportedly
for a charitable organization and/or a good cause.
http://www.msisac.org/daily-tips/
More Info: http://www.cybertelecom.org/intl/asia.htm

Quake damage to Japan cables appears small, CW
Undersea telecommunications cables in and out of Japan seem to have
mostly survived the devastating earthquake that struck the country on
Friday.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/4kSa3AuCJDg/Quake_damage_to_Japan_cables_appears_small
More Info: http://www.cybertelecom.org/intl/asia.htm

Japan's Quake May Disrupt Chip Shipments, Internet News
What effect will Japan's big quake have on the global technology industry?
http://feedproxy.google.com/~r/InternetnewsRealtimeNewsForItManagers/~3/xMYUbCtfBr0/3928021
More Info: http://www.cybertelecom.org/intl/asia.htm

Japan's phone networks remain severely disrupted, CW
More than a day after a massive earthquake and subsequent tidal wave
slammed Japan, the country's telecommunications services remain
severely disrupted.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/Dm5V2euZbvI/Japan_s_phone_networks_remain_severely_disrupted
More Info: http://www.cybertelecom.org/intl/asia.htm

Despite quake, Japan's Net connections strong, CNET`
Internet research Renesys says it's surprised by how little the quakes
have affected the undersea Internet cables that keep Japan connected
to the rest of the world.
http://news.cnet.com/8301-1001_3-20042524-92.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/intl/asia.htm

Taiwanese semiconductor firms face supply shortages in Japan, CW
Taiwan's major semiconductor manufacturers, a crucial link in the
global tech supply chain, scrambled Monday to gauge how their access
to raw materials from Japanese suppliers will be affected by the
powerful earthquake in Japan.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/fK-Elve54tM/Taiwanese_semiconductor_firms_face_supply_shortages_in_Japan
More Info: http://www.cybertelecom.org/intl/asia.htm

AT&T: Calls, Texts To Japan Free Through March, Huff
In response to last week's tsunami, AT&T has announced that its
wireless customers, in the United States and Puerto Rico, can call or
text Japan for free through March 31st. AT&T has also said it will not
charge its wireless postpaid customers for international long distance
calls or texts to Japan that were placed after March 11th.
http://www.huffingtonpost.com/2011/03/14/att-calls-texts-to-japan-_n_835289.html
More Info: http://www.cybertelecom.org/intl/asia.htm

Time Warner Cable Offers Free Calls To Japan - While Several Carriers
Offer Access To Japan TV, dslreports
According to a statement by Time Warner Cable, the company is
providing its subscribers with free calls to Japan (specifically from
March 11 to April 15) as the crisis continues to unfold. "We have seen
an increase in the number of calls made by our customers to family,
friends and colleagues in Japan who have been touched by the events
that occurred earlier today," says the company," adding that "they are
all in our
http://www.dslreports.com/shownews/Time-Warner-Cable-Offers-Free-Calls-To-Japan-113154
More Info: http://www.cybertelecom.org/intl/asia.htm

Vonage Offers Customers Free Calling to Japan, Vonage
No description
http://ir.vonage.com/releasedetail.cfm?ReleaseID=556424
More Info: http://www.cybertelecom.org/intl/asia.htm

Support for Japan, Twitter
Our thoughts, sympathy, and support go out to those in Japan affected
by Friday's powerful earthquake and resulting tsunami.
http://blog.twitter.com/2011/03/support-for-japan.html
More Info: http://www.cybertelecom.org/intl/asia.htm

Helping Japan Online, Digital Frontiers VOA
As quickly as the news filtering out of Japan has become more grim,
millions of concerned people have taken to the Internet to learn about
the unfolding tragedy. And, like Haiti's earthquake last year,
governments, organizations and humanitarian activists are using the
web as a tool to help.
http://blogs.voanews.com/digital-frontiers/2011/03/12/helping-japan-online/
More Info: http://www.cybertelecom.org/intl/asia.htm

The Web Reacts to a Tsunami, Digital Frontiers VOA
Friday morning's historic 8.9 magnitude earthquake off the eastern
coast of Japan, and the resulting tsunami that tore into the Japanese
coastline, set the Internet into overdrive across the entire Pacific
basin.
http://blogs.voanews.com/digital-frontiers/2011/03/11/the-web-reacts-to-a-tsunami/
More Info: http://www.cybertelecom.org/intl/asia.htm

Japan Quake, Renesys
Today's 8.9 magnitude earthquake in Japan has had surprisingly limited
impacts on the structure and routing dynamics of the regional
Internet. Of roughly 6,000 Japanese network prefixes in the global
routing table, only about 100 were temporarily withdrawn from service
— and that number has actually decreased in the hours since the event.
Other carriers around the region have reported congestion and drops in
traffic due to follow-on effects of the quake, but most websites are
up and operational, and the Internet is available to support critical
communications.
http://www.renesys.com/blog/2011/03/japan-quake.shtml
More Info: http://www.cybertelecom.org/intl/asia.htm

Iran launches cyber attack on 'enemies' of state: report, Globe and Mail
Feared paramilitary group say attacks in a retaliation for similar
attacks on Iran
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/kX3c0lQB8fg/
More Info: http://www.cybertelecom.org/intl/iran.htm

Foreigners in Japan rely on Twitter for breaking news, CW
Twitter has been a lifeline for Westerners both inside and outside of
Japan as they try to keep up with fast-moving events following
Friday's massive earthquake and the tsunami that followed.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/ivUfdLiFEEk/Foreigners_in_Japan_rely_on_Twitter_for_breaking_news
More Info: http://www.cybertelecom.org/media/news.htm

New sports channels signal shift in Apple TV, CNET
Today's iOS 4.3 update brings MLB.TV and NBA League Pass to Apple TV.
It could indicate Apple is taking a more app-like approach to its
living room device and does mean it is turning its "hobby" into a more
serious undertaking.
http://news.cnet.com/8301-31021_3-20041268-260.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/media/video.htm

USDA rural broadband loan program updated, Connected Nation
The USDA today released new information for applicants for its
broadband loan program for rural areas. The program is designed to
provide loans for the costs of construction, improvement, and
acquisition of facilities and equipment to provide broadband service
to eligible rural communities.
http://connectednationblog.blogspot.com/2011/03/usda-rural-broadband-loan-program.html
More Info: http://www.cybertelecom.org/usf/funding.htm

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