Friday, April 29, 2011

4.28 :: Open Wifi is not a Crime :: Without any pretense of modesty :: Lone Hold Out :: Support Local content Farms :: Skynet Knows Where You Have Been ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
"Politics is the art of choosing between the disastrous and the
unpalatable." -John Galbrait

GPS may be an endangered species, Police One
A new cell phone network could jam GPS signals
http://www.policeone.com/police-products/communications/satellite-communications/articles/3592481-GPS-may-be-an-endangered-species/
More Info: http://www.cybertelecom.org/broadband/gps.htm

GPS 'Stewards' DoD, DoT DepSecs Protest LightSquared Plan to FCC, Inside GNSS
In a letter to Federal Communications Commission Chairman Julius
Genachowski, the second-ranking officials from the U.S. departments of
defense (DoD) and transportation (DoT) have issued the strongest
administration message yet regarding LightSquared's proposal to build
a network of high-powered
http://www.insidegnss.com/node/2552
More Info: http://www.cybertelecom.org/broadband/gps.htm

Why We Need An Open Wireless Movement, EFF
If you sometimes find yourself needing an open wireless network in
order to check your email from a car, a street corner, or a park, you
may have noticed that they're getting harder to find.
http://www.eff.org/deeplinks/2011/04/open-wireless-movement
More Info: http://www.cybertelecom.org/broadband/wifi.htm

Videos from the 47 USC 230 Conference Now Online, Tech & Marketing Law
Without any pretense of modesty, I think we have put on a number of
first-rate High Tech...
http://blog.ericgoldman.org/archives/2011/04/47_usc_230_videos.htm
More Info: http://www.cybertelecom.org/cda/samaritan.htm

Blogger Gets 47 USC 230 Dismissal for Third Party Comment--Kruska v.
Perverted Justice, Tech & Marketing Law
Kruska v. Perverted Justice Foundation Inc., 2011 WL 1260224 (D. Ariz.
April 5, 2011) This is my...
http://blog.ericgoldman.org/archives/2011/04/blogger_gets_47.htm
More Info: http://www.cybertelecom.org/cda/samaritan.htm

U.S. Broadband Speeds Up by 9.2 Percent, Internet News
Latest State of the Internet report shows continued growth for U.S.
broadband speeds, though they still lag behind Asia.
http://feedproxy.google.com/~r/InternetnewsRealtimeNewsForItManagers/~3/rZdYAWma8ss/3931861
More Info: http://www.cybertelecom.org/data/broadband.htm

US House Subcommittee to Hold Hearing for ICANN's New TLD Rollout, Circleid
Kevin Murphy reporting in DomainIncite: "The House Subcommittee on
Intellectual Property, Competition and the Internet will hold an
'ICANN Generic Top-Level Domains (gTLD) Oversight Hearing' on
Wednesday May 4 at 10am local time. The hearing has been called at the
direction of the committee's chairman, Rep. Bob Goodlatte."
http://www.circleid.com/posts/us_house_subcommittee_to_hold_hearing_for_icann_new_tld_rollout/
More Info: http://www.cybertelecom.org/dns/icann.htm

Court Approves Nortel's Sale of IPv4 Addresses to Microsoft, Circleid
Yesterday morning (26-April-2011), in US Bankruptcy Court for the
District of Delaware, Judge Kevin Gross signed an order authorizing
Nortel's sale of IPv4 addresses to Microsoft. This is an important
moment for the Internet community, as it represents the beginning of a
new market-based mechanism for the distribution of scarce IPv4 address
resources. As the various Regional Internet Registry (RIR)
organizations exhaust their supply, traditional "needs-based"
distribution will become impossible. But an address market approach
will enable organizations to continue
http://www.circleid.com/posts/20110427_court_approves_nortels_sale_of_ipv4_addresses_to_microsoft/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

AS Core IPv4+IPv6 Graph 2010 available, CAIDA
CAIDA's 2010 visualization of both IPv4 and IPv6 AS-level Internet
topology based on Archipelago data. This visualization represents
macroscopic snapshots of IPv4 and IPv6 Internet topology samples
captured in June 2010. For the IPv4 map, CAIDA collected data from 45
monitors located in 24 countries on 6 continents. For the IPv6 map,
CAIDA collected data from 12 Ark monitors located in 6 countries on 3
continents.
http://www.caida.org/research/topology/as_core_network/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

ARIN DNSSEC Changes Completed, ARIN
No description
https://www.arin.net/announcements/2011/20110428.html
More Info: http://www.cybertelecom.org/dns/security.htm

Pamela Samuelson , Legislative Alternatives to the Google Book Settlement, SSRN
In the aftermath of Judge Chin's rejection of the proposed Google Book
settlement, it is time to consider legislative alternatives. This
article explores a number of component parts of a legislative package
that might accomplish many of the good things that the proposed
settlement promised without the downsides that would have attended
judicial approval of it. It gives particular attention to the idea of
an
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1818126
More Info: http://www.cybertelecom.org/ip/copyright.htm

U.S. Confirmed as "Lone Hold Out" on ACTA Transparency, Michael Geist
KEI has obtained a new document under the U.S. Freedom of Information
Act that confirms that the U.S. was the "lone hold out" in disclosing
drafts of the Anti-Counterfeiting Trade Agreement during the Summer of
2010.
http://feedproxy.google.com/~r/MichaelGeistsBlog/~3/OZ2QfOS-DO4/
More Info: http://www.cybertelecom.org/ip/copyright.htm

As Expected, Google's Changes Are Bleeding Demand Media & Other
Content Farms, Techdirt
About a year ago, there were all these complaints about how sites like
Demand Media were "cluttering" up the internet. However, as
wepredicted at the time, this was only a temporary issue, and had more
to do with the current state of filters, rather than the content
itself. The internet has always been filled with a ton of crap, but it
didn't matter because you didn't see most of it, and you could ignore
the pieces here and
http://www.techdirt.com/articles/20110426/03114414040/as-expected-googles-changes-are-bleeding-demand-media-other-content-farms.shtml
More Info: http://www.cybertelecom.org/media/

Tom Bell, Pirates in the Family Room: How Performances from Abroad, to
U.S. Consumers, Might Evade Copyright Law, SSRN
What will international copyright law look like in ten years? It will
doubtless offer many different facets and will, as at present, elude
any comprehensive portrait. This brief paper thus focuses on just one
plausible and interesting scenario: Parties overseas will come to
offer unauthorized performances of copyrighted works to consumers in
the United States, a practice that will rouse the ire of copyright
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1816726
More Info: http://www.cybertelecom.org/media/video.htm

Larry Magid: Apple Says It's Not Tracking Location: Look at This Map
and Judge for Yourself, Huffpo
In a statement issued Wednesday morning, Apple said "The iPhone is not
logging your location. Rather, it's maintaining a database of Wi-Fi
hotspots and cell towers around your current location, some of which
may be located more than one hundred miles away from your iPhone, to
help your iPhone rapidly and accurately calculate its location when
requested."
http://www.huffingtonpost.com/larry-magid/apple-says-its-not-tracki_b_854732.html
More Info: http://www.cybertelecom.org/notes/geolocation.htm

Congressman wants FTC probe of iPhone tracking, CNET
Apple's explanation for location tracking, and promise of a fix,
doesn't satisfy Rep. Jay Inslee (D-Wash.), who still wants a Federal
Trade Commission investigation.
http://news.cnet.com/8301-31921_3-20058160-281.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/notes/geolocation.htm

David Baumer, Julia B. Earp, J.C. Poindexter, Internet Privacy Law: A
Comparison between the United States and the European Union, SSRN
The increasing use of personal information in Internet-based
applications has created privacy concerns worldwide. This has led to
awareness among policy makers in several countries of the desirability
of harmonizing privacy laws. The greatest challenge to privacy
legislation from an international perspective arises because, while
the Internet is virtually borderless, legislative approaches differ
from country to country.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1823713
More Info: http://www.cybertelecom.org/privacy/

PSN breach exposes records for millions (roundup), CNET
A week after taking PlayStation Network offline, Sony finally explains
it did so because of security breach that exposed personal information
for potentially more than 75 million of its users.
http://news.cnet.com/8301-10797_3-20058070-235.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/privacy/

ACLU: Michigan cops stealing drivers' phone data, CNET
ACLU claims Michigan State Police have been using handheld devices to
download information from motorists they pull over, even if there's no
evidence of wrongdoing.
http://news.cnet.com/8301-17938_105-20055431-1.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/security/bigbrother.htm

"Who Has Your Back?" In Depth: Which Companies Promise To Tell Users
About Government Data Requests?, EFF
EFF recently launched a campaign calling on companies to stand with
their users when the government comes looking for data. (If you
haven't done so, sign our petition urging companies to provide better
transparency and privacy.) This article will provide a more detailed
look at one of the four categories in which a company can earn a gold
star in our campaign: promising to tell users about government data
demands.
http://www.eff.org/deeplinks/2011/04/who-has-your-back-in-depth-which-companies-promise
More Info: http://www.cybertelecom.org/security/bigbrother.htm

FBI vs. Coreflood Botnet: Round 1 Goes to the Feds, Wired
The FBI's unprecedented effort to behead the Coreflood botnet --
comprised of millions of hacked Windows machines -- appears to be
working, at least for now. The bureau has tracked a dramatic decline
in the number of pings from the botnet since the takedown operation
began earlier this month.
http://feeds.wired.com/~r/wired/politics/~3/Qc_a558rjXw/
More Info: http://www.cybertelecom.org/security/worms.htm

Court Says CAN-SPAM Plaintiff Can't Take Second Bite at the Apple --
Melaleuca v. Hansen, Tech & Marketing Law
Melaleuca v Hansen, 10-cv-00553 (D. Idaho; Apr. 15, 2011) This is a
case where Melaleuca -...
http://blog.ericgoldman.org/archives/2011/04/court_rejects_c_1.htm
More Info: http://www.cybertelecom.org/spam/enforce.htm

Opening Comments from the USF Workshop, Wireless Cowboys
Here is a copy of the opening comments that I submitted for the panel
that I participated in this morning. Enjoy! First of all, I'd like
to thank the FCC for inviting the fixed wireless service providers
industry to present at this panel. On behalf of my over 2000
wireless ISP (WISP) colleagues, we thank you [
http://www.wirelesscowboys.com/?p=173
More Info: http://www.cybertelecom.org/usf/

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Monday, April 25, 2011

4.25 :: All Necessary Steps :: Will Not Be Achieved :: Innocent Man :: Backed Off Before Doing Anything Significant ::

============================================
CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
============================================
A common mistake that people make when trying to design something
completely foolproof is to underestimate the ingenuity of complete
fools. - Douglas Adams Mostly Harmless

FCC Asked to Protect GPS From LightSquared, TV Technology
Senators Pat Roberts (R-Kansas) and Ben Nelson (D-Nebraska) have sent
an open letter to colleagues asking them to join together in asking
the FCC "to take all necessary steps to protect the Global Positioning
System."
http://www.tvtechnology.com/article/119602
More Info: http://www.cybertelecom.org/broadband/gps.htm

AT&T Statement on USF and ICC Reform, AT&T
The overriding goal of the FCC's National Broadband Plan – to ensure
that all Americans have access to, and use, broadband services – will
not be achieved unless sweeping reforms of USF and ICC are enacted.
Policymakers have long recognized that broadband is 'the straw the
stirs
http://attpublicpolicy.com/broadband-policy/att-statement-on-usf-and-icc-reform/
More Info: http://www.cybertelecom.org/broadband/rcomp.htm

Innocent Man Accused Of Child Pornography After Neighbor Pirates His
WiFi, Huffpo
Lying on his family room floor with assault weapons trained on him,
shouts of "pedophile!" and "pornographer!" stinging like his fresh
cuts and bruises, the Buffalo homeowner didn't need long to figure out
the reason for the early morning wake-up call from a swarm of federal
agents.
http://www.huffingtonpost.com/2011/04/24/unsecured-wifi-child-pornography-innocent_n_852996.html
More Info: http://www.cybertelecom.org/broadband/wifisecurity.htm

Blogger Gets 47 USC 230 Dismissal for Third Party Comment--Kruska v.
Perverted Justice, Tech & Marketing Law
Kruska v. Perverted Justice Foundation Inc., 2011 WL 1260224 (D. Ariz.
April 5, 2011) This is my...
http://blog.ericgoldman.org/archives/2011/04/blogger_gets_47.htm
More Info: http://www.cybertelecom.org/cda/samaritan.htm

FCC's Bad Influence Spreads Abroad, PK
The European Union's latest Net Neutrality pronouncement had all the
earmarks of the current Federal Communications Commission (FCC). Just
like the FCC's Dec. 21 order on an open Internet, EU Vice President
Neelie Kroes said all the right things, tiptoed right up to the line,
and then backed off before doing anything significant to protect
Internet users.
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/H0dgCbqs5m0/fccs-bad-influence-spreads-abroad
More Info: http://www.cybertelecom.org/ci/neutral.htm

Slovakia Gets Ready for IPv6 with Help from Cisco, CISCO
Cisco and the Technical University of Kosice announced the opening of
the first laboratory for training and research in Internet Protocol
version 6 (IPv6) in Slovakia. Cisco donated the lab's networking and
communications equipment. Located at the Technical University of
Kosice, the lab is an integral part of an international network of
IPv6 training and ...
http://newsroom.cisco.com/dlls/2011/prod_042011b.html?CMP=AF17154&vs_f=News@Cisco:+Press+Releases+and+Features&vs_p=News@Cisco:+Press+Releases+and+Features&vs_k=1
More Info: http://www.cybertelecom.org/dns/ipv6.htm

IPv4 Addresses Not Property, Canada Weighs in on the Nortel/Microsoft
Transfer, Circleid
The recent tempest in a teacup on ARINs PPML list over the transfer of
IP address blocks from Nortel (a company in Chapter 11) to Microsoft
has some interesting Internet Governance dimensions that are yet to be
discussed.
http://www.circleid.com/posts/20110419_ipv4_addresses_not_property_canada_weighs_in_on_nortel_microsoft/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Study Reports on Baseline of Global IPv6 Adoption, Circleid
A new research on native IPv6 traffic across six large providers in
North America and Europe suggests despite fifteen years of IPv6
standards development, vendor releases and advocacy, only a small
fraction of the Internet has adopted IPv6. "The slow rate of IPv6
adoption stems from
http://www.circleid.com/posts/20110420_study_reports_on_baseline_of_global_ipv6_adoption/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

AS Core IPv4+IPv6 Graph 2010 available, CAIDA
CAIDA's 2010 visualization of both IPv4 and IPv6 AS-level Internet
topology based on Archipelago data. This visualization represents
macroscopic snapshots of IPv4 and IPv6 Internet topology samples
captured in June 2010. For the IPv4 map, CAIDA collected data from 45
http://www.caida.org/research/topology/as_core_network/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

With no (or few) more IPv4 addresses, where's the IPv6 traffic?, Ars Technica
When it became clear that 32-bit IP addresses just wouldn't cut it for
a growing Internet, the Internet Engineering Task Force did what its
name suggests and created a new version of IP. IPv6 has so many
http://arstechnica.com/tech-policy/news/2011/04/with-no-or-few-more-ipv4-addresses-wheres-the-ipv6.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/dns/ipv6.htm

IP address can now pin down your location to within a half mile, Ars Technica
On the Internet, nobody knows you're a dog—but they might now have an
easy time finding your kennel.
http://arstechnica.com/tech-policy/news/2011/04/getting-warmer-an-ip-address-can-map-you-within-half-a-mile.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Righthaven Defies Court, Ignores Domain Name Ruling, EFF
Last Friday, the Chief Judge of the federal court in Nevada, which is
overseeing more than 200 Righthaven copyright cases, dismissed
Righthaven's meritless claim to seize its victim's domain names. In
each case so far, Righthaven contended that the mere hosting of any
infringing
http://www.eff.org/deeplinks/2011/04/righthaven-defies-court-ignores-domain-name-ruling
More Info: http://www.cybertelecom.org/ip/copyright.htm

Technology Trumps ICE Domain Seizures: Browser Plugin Fix Created In
Just Days, Techdirt
As Homeland Security continues to defend the actions of ICE seizing
domains names without real due process or concern for prior restraint,
it's not surprising that technologists are quickly designing systems
to route around such hamfisted attempts to censor websites without a
trial or
http://www.techdirt.com/articles/20110414/17055713898/browser-plugin-routes-around-ice-domain-seizures.shtml
More Info: http://www.cybertelecom.org/ip/copyright.htm

Web's 'Content Farms' Grow Audiences For Ads, NPR
People turn to Google for answers about how to do everything from
changing a tire to putting on makeup. An entire industry has sprung up
to make sure its sites — often with content dominated by ads — show up
prominently in search results. But Google struck back, changing its
formula to de-emphasize these so-called "content farms."
http://www.npr.org/2011/04/21/135514220/webs-content-farms-grow-audiences-for-ads?ft=1&f=1019
More Info: http://www.cybertelecom.org/media/news.htm

Amazon gets 'black eye' from cloud outage, CW
Amazon's Web hosting troubles on Thursday mean a black eye for the
company and could raise doubts about the cloud in general, analysts
said.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/UfFUrp-DjYE/Amazon_gets_black_eye_from_cloud_outage
More Info: http://www.cybertelecom.org/notes/cloud.htm

'HTTPS Now' Campaign Urges Users to Take an Active Role in Protecting
Internet Security, EFF
The Electronic Frontier Foundation (EFF) and Access have launched an
international campaign for HTTPS Now, rallying consumers around the
world to help us make web surfing safer.
http://www.eff.org/press/archives/2011/04/19-0
More Info: http://www.cybertelecom.org/privacy/

FBI Pounces On Coreflood Botnet, USTelecom
Last week, the FBI and the Department of Justice (DOJ) announced that
they received a restraining order that would allow them to bring down
the Coreflood botnet that has infected over 2.3 million computers
since February 2010.
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/04/20/fbi-pounces-on-coreflood-botnet/
More Info: http://www.cybertelecom.org/security/

ACLU: Michigan cops stealing drivers' phone data, CNET
ACLU claims Michigan State Police have been using handheld devices to
download information from motorists they pull over, even if there's no
evidence of wrongdoing.
http://news.cnet.com/8301-17938_105-20055431-1.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/security/bigbrother.htm

"Who Has Your Back?" In Depth: Which Companies Promise To Tell Users
About Government Data Requests?, EFF
EFF recently launched a campaign calling on companies to stand with
their users when the government comes looking for data. (If you
haven't done so, sign our petition urging companies to provide better
transparency and privacy.) This article will provide a more detailed
look at one of
http://www.eff.org/deeplinks/2011/04/who-has-your-back-in-depth-which-companies-promise
More Info: http://www.cybertelecom.org/security/bigbrother.htm

USDA lends $40 million for rural broadband projects, Muni
Agriculture Secretary Tom Vilsack announced support for
telecommunications projects in seven states (Georgia, Illinois, Iowa,
Kansas, North Dakota, Montana and Oklahome) to improve broadband
service to rural residents and businesses.
http://feedproxy.google.com/~r/muniwireless/~3/P4bh14V8Myg/
More Info: http://www.cybertelecom.org/usf/funding.htm

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Thursday, April 14, 2011

4.14 :: Very Leaky :: Highest Levels of Privacy Protection :: No Not Anonymous :: Magic :: Bot Stop ::

============================================
CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
============================================
" I have always found that mercy bears richer fruits than strict justice." -Abraham Lincoln

Update: New Comment Deadlines In VoIP/Accessibility Proceeding, CommLawBlog
On March 31 we reported on a couple of VoIP-related NPRMs, including one item looking toward making VoIP and similar services easily accessible to and usable by persons with disabilities. Despite the fact that that NPRM proposes sweeping changes in the nature of VoIP obligations and even the scope of the FCC's regulatory reach (which would be extended into considerable technical minutiae), the deadline for
http://feeds.lexblog.com/~r/CommLawBlog/~3/BXwCy8HURIA/
More Info: http://www.cybertelecom.org/ada/fcc2.htm

FCC To Mobile Browsers: Roam, Roam On The Range, CommLawBlog
FCC mandates data roaming – sort of – with new rules for roaming rights for new universe of providers, but with strings attached
http://feeds.lexblog.com/~r/CommLawBlog/~3/xD2zC9hh8lY/
More Info: http://www.cybertelecom.org/broadband/

Boaters asked to 'Save Our GPS', Sport Fishing
When many readers sent me the GPS World article on GPS jamming, I was blasé. How could the U.S. government possibly allow LightSquared to put up 4,600 transcievers pumping broadband data services in the L band with such power that they'd significantly interfere with nearby GPS frequencies? As in complete failure at over half a mile for a high quality civilian GPS receiver like the nüvi 265W, even under an open sky, and almost
http://www.sportfishingmag.com/news/news/boaters-asked-to-save-our-gps-1000087845.html
More Info: http://www.cybertelecom.org/broadband/gps.htm

Net Regulation May Violate Paperwork Reduction Act, USTelecom
The information collection requirements of Federal Communications Commission's net neutrality order may violate the Paper Reduction Act (PRA), USTelecom said in comments filed with the Commission earlier this week.
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/04/13/net-regulation-may-violate-paperwork-reduction-act/
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Public Knowledge Brings 3D Printing To Washington, PK
Public Knowledge is sponsoring a half-day conference April 28 on one of the newest emerging technologies – 3D printing, which allows "printers" to create objects much as traditional printers produce documents.
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/FELDWjM-U10/public-knowledge-brings-3d-printing-washington
More Info: http://www.cybertelecom.org/ip/copyright.htm

COICA, the Sequel: Back in Blacklist, Citizen's Media
So the Congress appears to be considering the Combating Online Infringement and Counterfeits Act ("COICA") again. The act would essentially allow the government "to block sites at the domain name (DNS) level" (per Ars Technica) and would impose intermediate liability on credit card companies that did not stop transacting with blacklisted sites. This (much like a jump to conclusions mat) is a terrible, terrible idea.
http://feedproxy.google.com/~r/CitizenMediaLawProject/~3/bUsHEJVZ1KU/coica-sequel-back-blacklist
More Info: http://www.cybertelecom.org/ip/copyright.htm

Even With A Very Leaky Paywall, Noticeable Decline In NY Times Traffic, Techdirt
With the NY Times offering up its pretend paywall, part of the supposed idea was that the site was trying to figure out a way to retain its traffic and get people to pay -- a difficult balancing act for sure. So the way it did so was to set up a paywall that didn't really exist, hoping that some people would just pay anyway, but that traffic wouldn't decline. So far, it appears they're a bit off on that latter assumption. Some initial reports show that, in the immediate aftermath of the "not really a wall" going up,
http://www.techdirt.com/articles/20110412/01274713860/even-with-very-leaky-paywall-noticeable-decline-ny-times-traffic.shtml
More Info: http://www.cybertelecom.org/media/news.htm

Federal Privacy Enforcement Update: SEC Fines Executives for Privacy and Security Violations, Info Law Group
As we have reported previously on our blog, federal agencies, including the FTC, NLRB and EEOC have been very active in taking action against privacy and information security violations. This trend continues with the Securities and Exchange Commission's (SEC's) recent announcement of a settlement with three former executives a brokerage firm (GunnAllen Financial, Inc.). The SEC alleged that the former executives violated the Commission's Privacy Rule and Safeguards Rule
http://feeds.lexblog.com/~r/InfoLawGroup/~3/ueeFqoCVu7Q/
More Info: http://www.cybertelecom.org/privacy/

USTelecom Statement on Stearns Matheson Privacy Bill, USTelecom
"USTelecom would like to commend Reps. Stearns and Matheson on their privacy legislation, which would provide consumers with enhanced protection for their online activities. As an industry that already provides its customers with the highest levels of privacy protection, we especially appreciate Rep. Stearns' accompanying comments acknowledging that in today's converged communications marketplace, like services should be treated alike by the law and that a single agency
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/04/13/ustelecom-statement-on-stearns-matheson-privacy-bill/
More Info: http://www.cybertelecom.org/privacy/

Legislation Would Let You Opt Out of Online Web Tracking, Wired
Sens. John Kerry (D-Massachusetts) and John McCain (R-Arizona) proposed online privacy legislation Tuesday that for the first time would give web users the right to demand they not be tracked in cyberspace
http://feeds.wired.com/~r/wired/politics/~3/jTV12PDKuYY/
More Info: http://www.cybertelecom.org/privacy/

AT&T on Kerry-McCain Privacy Bill, AT&T
"We congratulate Senators Kerry and McCain for their bi-partisan leadership in establishing a thoughtful and comprehensive legislative framework to address individual privacy in the Information Age. In particular, we are gratified that the Commercial Privacy Bill of Rights Act of 2011 both recognizes and specifically addresses the potential for overlapping regulation of communications providers by multiple federal agencies and establishes a solution that eliminates wasteful and inefficient
http://attpublicpolicy.com/government-policy/att-on-kerry-mccain-privacy-bill/
More Info: http://www.cybertelecom.org/privacy/

USTelecom Statement on Kerry-McCain Privacy Bill, USTelecom
"As an industry that already provides its customers with the highest levels of privacy protection, we believe consumers will benefit from legislation that requires all players in the Internet economy to adhere to a common set of rules implemented by a single regulator. While we are still reviewing the bill introduced today by Senators Kerry and McCain, it appears they have taken a big step in that direction, and we appreciate their efforts."
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/04/12/ustelecom-statement-on-kerry-mccain-privacy-bill/
More Info: http://www.cybertelecom.org/privacy/

Not anonymous: attack reveals BitTorrent users on Tor network, Ars Technica
Think that anonymizing BitTorrent tracker connections through Tor makes you harder to track? Think again. A vulnerability was used to identify over 10,000 users' IP addresses via their BitTorrent tracker connections. But it's not just your BitTorrent downloads that are at risk: an attacker can use your BitTorrent connections to de-anonymize other, more secure applications run over Tor.
http://arstechnica.com/tech-policy/news/2011/04/not-anonymous-attack-reveals-bittorrent-users-on-tor-network.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/privacy/

U.S. police increasingly view private email, instant messages, CW
Law enforcement organizations are making tens of thousands of requests for private electronic information from companies such as Sprint, Facebook and AOL, but few detailed statistics are available.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/GfKRZhkZiFg/U.S._police_increasingly_view_private_email_instant_messages
More Info: http://www.cybertelecom.org/security/bigbrother.htm

U.S. dismantles massive cyber theft ring, Globe and Mail
Thieves stole an undetermined amount of money by infecting 2.3-million computers with malicious software
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/sHRniCElGU4/
More Info: http://www.cybertelecom.org/security/crime.htm

U.S. shutters botnet, can disable malware remotely, CNET
Lawsuit, seizures, and other court actions are part of the "most complete and comprehensive enforcement action ever" against a botnet in the U.S.
http://news.cnet.com/8301-27080_3-20053708-245.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/security/crime.htm

The Law Enforcement Surveillance Reporting Gap, SSRN
Third party facilitated surveillance has become a routine tool for law enforcement agencies. There are likely hundreds of thousands of such requests per year. Unfortunately there are few detailed statistics documenting the use of many modern surveillance methods. As such, the true scale of law enforcement surveillance, although widespread, remains largely shielded from public view.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1806628
More Info: http://www.cybertelecom.org/security/ecpa.htm

North Carolina cities mobilize against anti-muni broadband bill, Ars Technica
At least six cities in North Carolina have passed resolutions against cable-backed state legislation that would hamstring new municipal broadband projects. The dissenters include Chapel Hill, Greensboro, Raleigh, Momeyer, Asheville,Rockingham, and Bladenville.
http://arstechnica.com/tech-policy/news/2011/04/north-carolina-cities-mobilize-against-anti-muni-broadband-bill.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/states/nc.htm

Magic Jack Has Wrist Slapped Over Access Charges - FCC Backs AT&T in VoIP Connection Fee Dispute, dslreports
A post over at the Telecom Law Monitor notes that discount VoIP operator Magic Jack and their parent company YMax have had their wrist slapped by the FCC -- for trying to impose connection tariffs on AT&T. In a complaint, AT&T claimed Magic Jack was disingenuous in the way it presented its service, using its CLEC Ymax to charge undeserved access charges. AT&T refused to pay access charges for calls terminating to MagicJack users, and 8YY traffic originating from MagicJack users.
http://www.dslreports.com/shownews/Magic-Jack-Has-Wrist-Slapped-Over-Access-Charges-113681
More Info: http://www.cybertelecom.org/voip/access.htm

AT&T CORP. V. YMAX COMMUNICATIONS CORP., FCC
Granted in part and otherwise dismissed without prejudice the claims alleged in the formal complaint that AT&T filed against YMAX under Section 208 of the Communications Act of 1934, as amended. Action by: the Commission. Adopted: 04/08/2011 by MO&O. (FCC No. 11-59). EB
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-59A1.pdf
More Info: http://www.cybertelecom.org/voip/access.htm

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Wednesday, April 13, 2011

[Public Notice] FCC Bureau Seeks Comment On “Need For Speed” Information For Consumers Of Broadband Services

"Washington, DC -- The FCC’s Consumer and Governmental Affairs Bureau (CGB) has issued a Public Notice asking for comments on the kinds of “need for speed” information that will be most useful to consumers in choosing their Internet service.

“The marketplace for broadband service is a confusing one for consumers,” says CGB Bureau Chief Joel Gurin. “Most people don’t understand megabits-per-second in the way they understand miles-per-gallon.” Gurin notes that an FCC Survey last year found that 80 percent of people with broadband don’t even know what speed they’re getting from their service. “Broadband service providers recognize the problem, and have taken some good steps to educate consumers,” says Gurin. “This Public Notice will provide a way for internet service providers, the tech community, and the public to help develop clear guidelines that will help everyone understand how to get the service they need.”

"In the Public Notice, CGB notes that consumers may have very different needs for broadband service depending on what they use it for. Someone who uses the Web primarily for email, for example, may be well served by a smaller and less expensive service than an avid video viewer would need. Others, such as online gamers, may be especially concerned about factors like signal latency.

"The Public Notice http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-661A1.pdf recognizes the importance of collecting input from a broad range of stakeholders on broadband speed and performance. The Bureau also says that this Notice builds on the work of a voluntary group of service providers and consumer groups that have met with the Commission to help guide the FCC’s national testing of broadband speed and performance.

Comments are due May 26, 2011 and replies June 16, 2011.

- FCC -

CG Docket 09-158

CGB contact: Ellen Satterwhite at (202) 418-3626; ellen.satterwhite@fcc.gov

For Immediate Release: News Media Contact:

April 11, 2011 Rosemary Kimball at (202) 418-0511

e-mail: rosemary.kimball@fcc.gov

4/11/11 FCC Bureau Seeks Comment on "Need for Speed" Information for Consumers of Broadband Services. News Release: Word | Acrobat Public Notice: Word | Acrobat

[Report] Combating Child Pornography: Steps Are Needed to Ensure That Tips to Law Enforcement Are Useful and Forensic Examinations Are Cost Effective

GAO-11-334 March 31, 2011 Highlights Page (PDF) Full Report (PDF, 77 pages) Accessible Text Recommendations (HTML)

"The Department of Justice (DOJ) reports that online child pornography crime has increased. DOJ funds the National Center for Missing and Exploited Children (NCMEC), which maintains the CyberTipline to receive child pornography tips. The Providing Resources, Officers, and Technology To Eradicate Cyber Threats to Our Children Act of 2008 (the Act) contains provisions to facilitate these investigations and create a national strategy to prevent, among other things, child pornography. The Act directed GAO to report on actions to minimize duplication and enhance federal expenditures to address this crime. This report examines (1) the extent to which NCMEC determines the usefulness of tips; (2) mechanisms to help law enforcement coordination (i.e., deconfliction); and (3) the extent to which agencies are addressing factors that federal law enforcement reports may inhibit investigations. GAO analyzed the Act and spoke to law enforcement officials who investigate these crimes, selected to reflect geographic range, among other things. Although these interviews cannot be generalized, they provided insight into investigations.

"NCMEC takes steps to obtain feedback from law enforcement on the usefulness of CyberTipline reports; however, it does not systematically collect information on how useful individual reports are for initiating and advancing investigations or about information gaps that limit reports' usefulness. For instance, NCMEC solicits feedback via e-mail or in person quarterly from federal law enforcement liaisons at NCMEC about the overall usefulness of CyberTipline reports. However, according to many law enforcement officials GAO contacted, information in a CyberTipline report may not contain an image of apparent child pornography or may contain old data. NCMEC officials said that they are interested in obtaining additional feedback to enhance the usefulness of its reports and could explore additional methods to gather such information, such as creating a systematic process for obtaining feedback from federal law enforcement. Enhancing its processes for collecting feedback on the usefulness of CyberTipline reports could help NCMEC ensure that reports are as useful as possible to law enforcement. Existing deconfliction mechanisms generally prevent pursuit of the same suspects but are fragmented; DOJ is in the early stages of developing a system to address this fragmentation. Many law enforcement officials GAO contacted reported using various nonautomated (e.g., task forces) and automated (e.g., investigative systems) mechanisms to avoid duplication of effort in investigations. But these officials reported that there is not a single automated system that provides comprehensive case information and deconfliction, which can contribute to difficulties coordinating investigations. As mandated in the Act, DOJ is developing a national system to, among other things, provide law enforcement with a single deconfliction tool. Specifically, DOJ is conducting a needs assessment--which it plans to complete in 12 to 24 months--to use as a basis for system development. However, because DOJ is waiting on the results of the needs assessment to begin system development, it may be several years before the system is operational. Backlogs in the forensic analysis of digital evidence can delay or hinder online child pornography investigations; assessing the costs and benefits of taking extra steps to ensure the integrity of forensic analysis could help determine if there are efficiencies that could reduce backlogs. Forensic analysis of digital evidence consists of the review of information from digital media, such as hard drives, and can prove online child pornography crime. Several factors may contribute to backlogs in forensic analysis, including the steps federal law enforcement agencies believe enhance the integrity of analysis, such as making exact copies of digital evidence to discourage tampering. The FBI takes additional steps it believes enhance integrity, such as separating the forensic examination from the investigation. However, some federal officials and prosecutors GAO spoke with differed on the need for such steps. According to DOJ, the national strategy's working group is in a good position to address backlog issues and having this group assess the costs and benefits of steps taken to ensure the integrity of forensic analysis could help it determine potential efficiencies that could reduce backlogs. GAO recommends that NCMEC enhance its processes to collect feedback to improve tips and that DOJ assess the costs and benefits of steps agencies take to ensure the integrity of forensic analysis. NCMEC and DOJ generally concurred with our recommendations and discussed actions to address them.

Monday, April 11, 2011

4.11 :: Internet Myth Buster :: Misinterpreted by the Public :: Your Business Model Isnt My Problem :: L3GC :: Money and Attention ::

============================================
CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
============================================
"If you bungle raising your children, I don't think whatever else you
do well matters very much." -Jacqueline Kennedy Onasis

FCC EXPLORES WAYS TO FURTHER STRENGTHEN THE RELIABILITY OF AMERICA'S
COMMUNICATIONS NETWORKS., FCC
The Commission took another step to implement the recommendations in
the National Broadband Plan by adopting an NOI seeking public comment
on ways to further strengthen the reliability and resiliency of
America's communications networks.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-305618A1.pdf
More Info: http://www.cybertelecom.org/security/reliability.htm

George S. Ford, Challenges in Using the National Broadband Map's Data, SSRN
As part of the American Recovery and Reinvestment Act of 2009,
Congress set forth an ambitious goal of establishing a definitive
National Broadband Map. Understandably, researchers are now anxious to
use the data received to quantify the extent of broadband availability
and to explain the relationships between availability and
socio-economic factors. While the National Telecommunications and
Information Administration should be lauded for its inaugural effort
to complete this Herculean task, it is nonetheless important to
recognize that the mapping data currently has many known and
yet-to-be-discovered defects. These errors include, but are not
limited to,
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1800062
More Info: http://www.cybertelecom.org/broadband/map.htm

Danah Boyd , Urs Gasser and John G. Palfrey Jr. , How the COPPA, as
Implemented, is Misinterpreted by the Public: A Research Perspective,
Berkman Center
There is no doubt that protecting children's privacy and safety is of
utmost importance in our society. These issues are growing in
importance with every passing year. We commend the authors of COPPA
for being so deeply concerned about privacy and safety. As you
consider the future of legislation and rule-making in this area, we
urge you to consider the gap between the intentions of COPPA and how
children and their parents perceive the implementation. It is this gap
that we'd like to address in our submission. And it is our proposal
that this Subcommittee consider how COPPA's two P's – of Privacy
Protection – might be worked more effectively back into any revision
of COPPA.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1794223
More Info: http://www.cybertelecom.org/privacy/coppa.htm

Judge to copyright troll: your "business model" isn't my problem, Ars Technica
Ars Technica freelancer Eriq Gardner was recently sued over a photo
that appeared in a piece he wrote for us last year. The flimsy lawsuit
was quickly dismissed, but the company behind it lives on—and has sued
50+
http://arstechnica.com/tech-policy/news/2011/04/judge-to-copyright-troll-your-business-model-isnt-my-problem.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/ip/copyright.htm

LightSquared's wireless broadband could kill GPS, Techeye
Could "bring down aircraft"
http://www.techeye.net/mobile/lightsquareds-wireless-broadband-could-kill-gps
More Info: http://www.cybertelecom.org/broadband/gps.htm

House votes to strike down FCC Net neutrality rules, CW
The U.S. House voted largely along party lines to strike down the
FCC's Net neutrality rules.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/ExUnOQZckhQ/House_votes_to_strike_down_FCC_Net_neutrality_rules
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

NTIA Tool Helps IPv6, Information Week
The National Telecommunications and Information Administration's IPv6
Readiness Tool is aimed at helping businesses move to the
next-generation Web standard.
http://www.informationweek.com/news/government/policy/229401269
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Level 3 to buy Global Crossing in stock deal, CNET
The acquisition by the network services company is valued at $3
billion, including the assumption of Global Crossing's $1.1 billion in
debt.
http://news.cnet.com/8301-13506_3-20052694-17.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/industry/level3.htm

Internet2 turns 15. Has it delivered on its promise?, Internet2
No description
http://www.networkworld.com/news/2011/041111-internet2.html
More Info: http://www.cybertelecom.org/notes/internet2.htm

Feds: 4th Amendment Shouldn't Apply To Online Emails Because... That
Would Make Us Have To Work Harder, Techdirt
Ah, our ever-dwindling Fourth Amendment. The latest is that the Obama
Administration has come out against a particular reform of ECPA (the
Electronic Communications Privacy Act), the 25-year-old statute that
governs online privacy issues, which almost anyone with any sort of
technical knowledge admits is woefully outdated. For example, a key
point is that any content
http://www.techdirt.com/articles/20110408/02275513820/feds-4th-amendment-shouldnt-apply-to-online-emails-because-that-would-make-us-have-to-work-harder.shtml
More Info: http://www.cybertelecom.org/security/ecpa.htm

Public Knowledge Statement on House of Representatives Anti-Net
Neutrality Vote, PK
"It is a shame that the House is focused on protecting the interests
of large telecommunications companies rather than on promoting the
interests of innovative entrepreneurs.
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/E-4Nv4ZEork/public-knowledge-statement-house-representatives-a
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Governments Increasingly Trying to Control the Internet, Warns New
U.S. Report, Circleid
The U.S. Sate Department annual human rights report released on Friday
has expressed concerns over the increasing trend among governments
spending more time, money and attention in efforts to control their
citizens access to the Internet and other communication
http://www.circleid.com/posts/governments_increasingly_trying_to_control_the_internet_warns_new_us_report/
More Info: http://www.cybertelecom.org/intl/

Contacting a Person's Facebook Friends Isn't Stalking--People v.
Welte, Tech & Marketing Law
People v. Welte, 2011 WL 1331900 (N.Y. Just. Ct. April 7, 2011). The
defendant was subject to..
http://blog.ericgoldman.org/archives/2011/04/contacting_a_pe.htm
More Info: http://www.cybertelecom.org/security/stalking.htm

Six myths about the Internet, Virulent Word of Mouse
On April 7th, 2011, I had the great pleasure to deliver the Tullock
Lecture at the Law School for George Mason University. After
discussing it with the organizer, Tom Hazlett, the talk became focused
on a number of provocative and (partially) entertaining themes.
Hazlett suggested the talk's title, which was "The Mythology of
Networks."
http://virulentwordofmouse.wordpress.com/2011/04/09/six-myths-about-the-internet/
More Info: http://www.cybertelecom.org/notes/internet.htm

Meet the senator blocking Big Content's Web censorship plan, Ars Technica
Start talking about the Web censorship legislation currently being
drafted in both chambers of Congress, and Senator Ron Wyden (D-OR)
becomes an instant quote machine. This isn't just another of the many
political issues Wyden has to juggle; the man cares
http://arstechnica.com/tech-policy/news/2011/04/meet-the-senator-blocking-big-contents-web-censorship-plan.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/ip/copyright.htm

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Friday, April 08, 2011

4.8 :: Last One Out of the Building Turn of the Government :: Kill Your GPS :: Reluctant Carriers :: Use of Western Tech :: Neutral Fancy :: 75 Year Old Takes Nation Offline ::

============================================
CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
============================================
Suppose you were an idiot, and suppose you were a member of congress;
but I repeat myself. – Mark Twain

Coalition Seeks GPS Protection from Obama Administration, Point of Beginning
We note that the White House is hosting a forum on "Spectrum Auctions:
Unlocking the Innovative Potential of Wireless Broadband" that
includes remarks by key members of the Obama Administration. We salute
President Obama's continued efforts to expand broadband coverage
throughout this country, but in doing so we ask that the
administration ensure that the Global Positioning System (GPS) is not
sacrificed in the process.
http://www.pobonline.com/Articles/Industry_News/BNP_GUID_9-5-2006_A_10000000000001027948
More Info: http://www.cybertelecom.org/broadband/gps.htm

FCC's Broadband Improvements Could Kill Your GPS, eweek
The Obama administration's drive to approve wireless broadband could
end up killing most GPS use in the United States.
http://www.eweek.com/c/a/Enterprise-Networking/FCCs-Broadband-Improvements-Could-Kill-Your-GPS-192596/
More Info: http://www.cybertelecom.org/broadband/gps.htm

Map of publicly owned broadband networks in the United States, Muni
The Institute for Local Self-Reliance has released the Community
Broadband Map and report, Publicly Owned Broadband Networks: Averting
the Looming Broadband Monopoly. The map plots the 54 cities, big and
small, that own citywide fiber networks and another 79 own citywide
cable networks. Over 3 million people have access to
telecommunications networks whose objective is to maximize value to
the community in which they are located rather than to distant
stockholders and corporate executives
http://feedproxy.google.com/~r/muniwireless/~3/ZnShUWBerSI/
More Info: http://www.cybertelecom.org/broadband/muni.htm

FCC Commissioner slams N. Carolina attack on city-owned broadband, Ars Technica
Federal Communications Commissioner Mignon Clyburn had choice words
today for cable industry backed legislation in North Carolina that
would slow new municipal broadband projects down to a crawl in that
state. The bill in question is named the "Level Playing Field/Local
Gov't Competition" act.
http://arstechnica.com/tech-policy/news/2011/04/fcc-commish-slams-north-carolina-anti-muni-broadband-bill.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/broadband/muni.htm

U.S. regulators mandate wireless data roaming, Globe and Mail
AT&T views rule as ploy to bring down roaming prices
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/SPPIKvf2BUc/
More Info: http://www.cybertelecom.org/broadband/wireless.htm

Competition creator? FCC forces "data roaming" on reluctant carriers,
Ars Technica
With Sprint and Comcast cheering (and Verizon booing), the Federal
Communications Commission has issued rules requiring commercial mobile
broadband providers to provide data roaming to other carriers "on
commercially reasonable terms and conditions."
http://arstechnica.com/tech-policy/news/2011/04/fcc-mobile-data-roaming-now-required.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/broadband/wireless.htm

White House Makes Intelligent Case For Incentive Auctions., Wetmachine
Yesterday I attended the White House event on incentive auctions. It
was probably the most sensible public event on the pro-incentive
auction side I've attended to date. I have had several discussions
with Federal Communications Commission (FCC) staff…
http://tales-of-the-sausage-factory.wetmachine.com/content/white-house-makes-intelligent-case-for-incentive-auctions
More Info: http://www.cybertelecom.org/broadband/wireless.htm

AT&T on FCC Data Roaming Mandate, AT&T
"Roaming agreements for both voice and data are in place throughout
the country, and were reached through normal commercial negotiations.
The evidence presented in this proceeding demonstrated conclusively
that proponents of a roaming mandate were seeking government
intervention, not to obtain agreements – which are plentiful – but
rather to regulate rates downward. While we will thoroughly review
today's order, we continue to believe that a data roaming mandate is
unwarranted and will discourage investment and build out of broadband
facilities for both those seeking regulated roaming rates and those
forced to wholesale facilities at those rates."
http://attpublicpolicy.com/government-policy/att-on-fcc-data-roaming-mandate/
More Info: http://www.cybertelecom.org/broadband/wireless.htm

Combating Child Pornography: Steps Are Needed to Ensure That Tips to
Law Enforcement Are Useful and Forensic Examinations Are Cost
Effective, GAO
The Department of Justice (DOJ) reports that online child pornography
crime has increased. DOJ funds the National Center for Missing and
Exploited Children (NCMEC), which maintains the CyberTipline to
receive child pornography tips. The Providing Resources, Officers, and
Technology To Eradicate Cyber Threats to Our Children Act of 2008 (the
Act) contains provisions to facilitate these investigations and create
a national strategy to prevent, among other things, child pornography.
The Act directed GAO to report on actions to minimize duplication and
enhance federal expenditures to address this crime. This report
examines (1) the extent to which NCMEC determines the usefulness of
tips; (2) mechanisms to help law enforcement coordination (i.e.,
deconfliction); and (3) the extent to which agencies are addressing
factors that federal law enforcement reports may inhibit
investigations. GAO analyzed the Act and spoke to law enforcement
officials who investigate these crimes, selected to reflect geographic
range, among other things. Although these interviews cannot be
generalized, they provided insight into investigations.
http://www.gao.gov/products/GAO-11-334
More Info: http://www.cybertelecom.org/cda/cppa.htm

OpenNet Initiative: The Use of Western Technologies by Middle East
Censors, 2010-2011, Berkman Center
No description
http://cyber.law.harvard.edu/node/6709
More Info: http://www.cybertelecom.org/cda/filters.htm

Online Booksellers Get 47 USC 230 Immunity for Publisher-Supplied
Marketing Collateral--Parisi v. Sinclair, Tech & Marketing Law
Parisi v. Sinclair, 2011 WL 1206193 (D.C. D.C. March 31, 2011). The
complaint. More source documents. Sinclair...
http://blog.ericgoldman.org/archives/2011/04/online_booksell.htm
More Info: http://www.cybertelecom.org/cda/samaritan.htm

House Takes Flight Of Net Neutrality Fancy, PK
On Tuesday, the House went through its warm-up act by approving the
procedures used for the repeal, breaking out yet again the rambling,
discredited arguments that have no basis in fact but which seem to
take on additional merit when screeched at the top of a legislator's
lungs. No, the government is not about to "take control of your
Internet," as Rep. Marsha Blackburn (R-TN) vehemently argued. Nor is
the government going to "assign priority and value" to content, as
Blackburn said.
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/ZAEj7tBWlvs/house-takes-flight-net-neutrality-fancy
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Verizon v. FCC: On To Plan C?, CommLawBlog
So much for creativity in appellate litigation. The U.S. Court of
Appeals has determined that Verizon jumped the gun when they filed
notices of appeal of the FCC's net neutrality decision last January.
As a result, Verizon's appeal has been dismissed. (A similar appeal by
MetroPCS was also dismissed in the same order.)
http://feeds.lexblog.com/~r/CommLawBlog/~3/Va11PzvavEA/
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

House moves to overturn FCC on Net neutrality, CNET
Despite threat of a presidential veto, House of Representatives takes
step toward preventing federal regulators from going forward with
regulations targeting broadband providers.
http://news.cnet.com/8301-31921_3-20050971-281.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

NTIA Releases IPv6 "Readiness Tool", NTIA
NTIA urged businesses to prepare for the transition to Internet
Protocol version 6 (IPv6), an updated Internet addressing system, with
the release of a new "IPv6 Readiness Tool."
http://www.ntia.doc.gov/press/2011/ipv6tool_04082011.html
More Info: http://www.cybertelecom.org/dns/ipv6.htm

What We Lose if We Lose Data.gov, Freedom to Tinker
In its latest 2011 budget proposal, Congress makes deep cuts to the
Electronic Government Fund. This fund supports the continued
development and upkeep of several key open government websites,
including Data.gov, USASpending.gov and the IT Dashboard. An earlier
proposal would have cut the funding from $34 million to $2 million
this year, although the current proposal would allocate $17 million to
the fund
http://www.freedom-to-tinker.com/blog/harlanyu/what-we-lose-if-we-lose-datagov
More Info: http://www.cybertelecom.org/egov/

Feds prep for e-gov shutdown, CW
If the U.S. government is shut down by a budget impasse, various
services could be interrupted, but the IRS will still collect tax
returns filed electronically and it will still process refunds.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/V6XWH9zadjI/Feds_prep_for_e_gov_shutdown
More Info: http://www.cybertelecom.org/egov/

Google's April Fools' Day Joke May Be On Google, NPR
On Friday, Google announced it would be offering gesture-driven email.
Michele Norris says the news ended up being an April Fools' Day prank,
but some California researchers may have the last laugh.
http://www.npr.org/2011/04/04/135121159/april-fools-day-joke-may-be-on-google?ft=1&f=1019
More Info: http://www.cybertelecom.org/industry/google.htm

75-year-old accused of bringing down Georgia, Armenia Internet, Globe and Mail
Authorities blame scavenger for inadvertently cutting fibre optic line
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/DbGhW6n5bjc/
More Info: http://www.cybertelecom.org/intl/

75-Year-Old Woman Cuts Off Entire Nation's Internet Service, Huff
A 75-year-old Georgian woman is facing jail time after she
accidentally sliced through an underground cable and caused all
Internet services in neighboring Armenia to crash.
http://www.huffingtonpost.com/2011/04/06/georgian-woman-armenia-internet-_n_845834.html
More Info: http://www.cybertelecom.org/intl/

Google: don't give private "trolls" Web censorship power, Ars Technica
The House and Senate are both drafting "rogue sites" legislation that
will likely support website blocking at the domain name level and will
require online ad networks and credit card companies to stop working
with sites on the blacklist. That idea is controversial enough when
only the government has the power to
http://arstechnica.com/tech-policy/news/2011/04/google-private-web-censorship-lawsuits-would-create-trolls.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/ip/copyright.htm

Study: More TV viewers in U.S. 'cutting the cord', CNET
By the end of 2011, some 2 million television watchers will have
ditched their cable or satellite subscriptions, according to
Convergence Consulting.
http://news.cnet.com/8301-13506_3-20051202-17.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/media/video.htm

FCC.gov Gets A $1.35 Million Facelift, Huff
Tuesday morning, the Federal Communications Commission unveiled a
revamped FCC.gov website, updating the site for the first time since
2001
http://www.huffingtonpost.com/2011/04/05/fccgov-gets-its-first-maj_n_844910.html
More Info: http://www.cybertelecom.org/notes/fcc.htm

U.S. can conduct offsite searches of computers seized at borders,
court rules, CW
A U.S. Court of Appeals has ruled that the government can confiscate
computers from travelers at border locations, and then transport the
devices to distant labs for analysis.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/BZQLXu-PBng/U.S._can_conduct_offsite_searches_of_computers_seized_at_borders_court_rules
More Info: http://www.cybertelecom.org/security/bigbrother.htm

Verizon simulates disaster near operations center, CW
It was only a drill, but Verizon Communications' emergency response
team brought in its serious equipment for a hazardous materials test
in Cockeysville, Maryland, Monday and Tuesday.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/ldxzY-z63so/Verizon_simulates_disaster_near_operations_center
More Info: http://www.cybertelecom.org/security/reliability.htm

Facebook's CAN-SPAM Claim Survives Advertiser's Motion to Dismiss,
Ecommerce Times
In Facebook's seven count complaint against Defendant MaxBounty Inc.
for its allegedly fraudulent advertising scheme aimed at Facebook
users, the social networking giant defeated MaxBounty's motion to
dismiss Facebook's claim under the CAN-SPAM Act by successfully
arguing that the fake advertising pages posted by MaxBounty on the
social networking site constituted "electronic mail messages" under
the Act. Facebook, Inc. v. MaxBounty, Inc., No. CV-10-4712-JF, 2011
WL
http://feedproxy.google.com/~r/E-commerceLaw/~3/J9uAx00NccY/in-facebooks-seven-count-complaint-against-defendant-maxbounty-inc-forits-allegedly-fraudulent-advertising-scheme-aimed-at-f.html
More Info: http://www.cybertelecom.org/spam/

VoIP Services Market Nears $50 Billion Mark, Circleid
Market research firm Infonetics Research this week released VoIP and
UC Services and Subscribers, a market share and forecast report that
includes two Business VoIP Service Provider Scorecards that will be
published later this year, and an IP Centrex Provider Tracker
highlighting deployments by provider, region, service, and platform.
http://www.circleid.com/posts/20110406_voip_services_market_nears_50_billion_mark/
More Info: http://www.cybertelecom.org/voip/

Citizen Media Law Project is Hiring a Staff Attorney, 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 journalists and new media ventures meet their
legal needs? Do you want a stimulating yet laid back work
environment?
http://feedproxy.google.com/~r/CitizenMediaLawProject/~3/r0uJOB77KkI/citizen-media-law-project-hiring-staff-attorney
More Info: http://www.cybertelecom.org/

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Monday, April 04, 2011

4.4 :: Warning Steep Incline - Unnecessary Burdens - Technicalities - Burnrate - Trolls on a Roll - Another Beatdown -

============================================
CyberTelecom News
Federal Internet Law and Policy
http://cybertelecomclips.blogspot.com/
============================================
Holding on to anger is like grasping a hot coal with the intent of throwing it at someone else; you are the one getting burned. – Buddha

For VoIP Providers: Warning - Steep (Regulatory) Incline Ahead, CommLawBlog
More burdens just up the road, thanks to two Congressionally-ordered NPRMs
http://feeds.lexblog.com/~r/CommLawBlog/~3/Oj51tigUsDQ/
More Info: http://www.cybertelecom.org/ada/fcc2.htm

FCC Broadband Data Proposal Creates Unnecessary Burdens, USTelecom
A Federal Communications Commission proposal to expand collection of broadband data would create burdensome reporting requirements for broadband providers, while yielding little public benefit, USTelecom said in comments filed March 30.
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/03/31/fcc%e2%80%99s-broadband-data-proposal-creates-unnecessary-burdens/
More Info: http://www.cybertelecom.org/broadband/706.htm

LightSquared broadband: a threat to GPS?, Ars Technica
The Pentagon and Department of Transportation have a written the Federal Communications Commission a letterinsisting that they're more than a bit worried about a new satellite-based wholesale broadband service:LightSquared wireless.
http://arstechnica.com/tech-policy/news/2011/04/lightsquared-broadband-a-threat-to-gps.ars
More Info: http://www.cybertelecom.org/broadband/gps.htm

Feds slam LightSquared network plan, CW
Two U.S. agencies closely involved with GPS are calling on the FCC to force a more complete study of potential interference with the navigation system from the planned LightSquared mobile broadband network.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/tAtkpvI4cLs/Feds_slam_LightSquared_network_plan
More Info: http://www.cybertelecom.org/broadband/gps.htm

FCC Commissioner Clyburn Releases Statement on Proposed Anti-Municipal Broadband Legislation, NATOA
On April 4, 2011, FCC Commissioner Mignon Clyburn released a message decrying recent state anti-municipal broadband legislation. In her message, the Commissioner stated that these legislative initiatives serve to undermine the goals of the National Broadband Plan. "I remain concerned...
http://feedproxy.google.com/~r/natoa-news/~3/usNAy4s_t6I/fcc-commissioner-clyburn-relea.html
More Info: http://www.cybertelecom.org/broadband/muni.htm

House Subcommittee Approves BTOP Oversight Bill, NATOA
The House Communications Subcommittee held a hearing on April 1 to discuss draft legislation that would increase oversight over the BTOP and BIP programs. Testimony was given by NTIA Administrator Larry Strickling and RUS Administrator Jonathan Adelstein. The draft bill...
http://feedproxy.google.com/~r/natoa-news/~3/uGeqtbwx4QA/house-subcommittee-approves-bt.html
More Info: http://www.cybertelecom.org/broadband/stimulus.htm

Defendant Succeeds On Second Attempt With a Section 230 Dismissal--Mealer v. GMAC, Tech & Marketing Law
Mealer v. GMAC Mortgage LLC, 2011 WL 1103357 (D. Ariz. March 25, 2011) I previously blogged about...
http://blog.ericgoldman.org/archives/2011/03/on_its_second_a.htm
More Info: http://www.cybertelecom.org/cda/samaritan.htm

Court chucks Verizon's net-neutralilty appeal; company will refile, The Hill
A federal court threw out challenges to the Federal Communications Commission's (FCC) net-neutrality regulations filed by Verizon and MetroPCS in a decision issued Monday.
http://thehill.com/blogs/hillicon-valley/technology/153687-court-chucks-verizons-net-neutralilty-appeal-company-will-refile
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Public Knowledge Pleased Verizon Challenge To Net Neutrality Dismissed, PK
"We are pleased that the Court dismissed Verizon's untimely and distracting challenge to the FCC's Net Neutrality order. Now we are confident the judicial system will deal with any and all appeals raised in an orderly and fair manner."
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/xyxwRdqlVyA/public-knowledge-pleased-verizon-challenge-net-neu
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Verizon's anti-net neutrality lawsuit tossed on technicality, Ars Technica
The US Court of Appeals for the Washington, DC circuit has just thrown out the first net neutrality lawsuits filed against the FCC. Those cases, brought by Verizonand small wireless carrier MetroPCS, argued that the FCC's December 2010 net
http://arstechnica.com/tech-policy/news/2011/04/verizons-anti-net-neutrality-lawsuit-tossed-on-technicality.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

North American Broadband Trends, Circleid
The broadband sector, like the wireless sector, is one of the strongest growth areas of telecommunications. Unlike most OECD countries, where DSL tends to dominate, the majority of subscribers in the US fixed broadband market are cable subscribers. During 2010 the gap continued to widen as the cable companies accounted for 70% of new broadband
http://www.circleid.com/posts/20110404_north_american_broadband_trends/
More Info: http://www.cybertelecom.org/data/broadband.htm

ARIN Responds to NTIA Request for Comments on IANA Functions, ARIN
No description
https://www.arin.net/announcements/2011/20110331.html
More Info: http://www.cybertelecom.org/dns/ip.htm

Internet Society Submits Comments on the Future of the IANA Functions Contract, ISOC
No description
http://isoc.org/wp/newsletter/?p=3509
More Info: http://www.cybertelecom.org/dns/ip.htm

burnrate > 3 x /8 per month, IPv4 Act Now
A few recent allocations in the APNIC region to Pakistan and South Korea has pushed the global burn rate of IPv4 addresses over 3 x /8 per month. With only about 16 blocks of free IPv4 left in all pools combined, it is not hard realize that IPv6 is needed sooner rather than later.
http://www.ipv4depletion.com/?p=588
More Info: http://www.cybertelecom.org/dns/ipv6.htm

VeriSign Signs .com for DNSSEC, Internet News
At long last, over 90 million .com domains are set to benefit from DNS security.
http://feedproxy.google.com/~r/InternetnewsRealtimeNewsForItManagers/~3/hU6ZGJ44BVM/3929791
More Info: http://www.cybertelecom.org/dns/security.htm

Trolls On A Roll, CommLawBlog
With decision from D.C. judge, copyright trolls may have found a new go-to jurisdiction
http://feeds.lexblog.com/~r/CommLawBlog/~3/GNZg7YR-7Lk/
More Info: http://www.cybertelecom.org/ip/copyright.htm

Judge administers another beatdown to P2P lawyer, severs cases, Ars Technica
Multiple federal judges in Chicago have absolutely ripped the tactics of the state's only attorney filing mass P2P file-sharing lawsuits in recent weeks. Now, two new rulings directly contradict a ruling from Judge Beryl Howell, an RIAA lobbyist-
http://arstechnica.com/tech-policy/news/2011/04/judge-administers-another-beatdown-to-p2p-lawyer-severs-cases.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/ip/p2p.htm

EPIC, Privacy Groups File Objection to Proposed Google Buzz Settlement, EPIC
EPIC and a coalition of consumer and privacy organizations have filed an objection to the "cy pres" allocation proposed by the attorneys in the Google Buzz matter. "Cy pres" ("as near as possible") is a legal doctrine that allows courts to allocate funds to protect the interests of individuals when there is a class action settlement. In these cases, courts are often
http://epic.org/2011/04/epic-privacy-groups-file-objec.html
More Info: http://www.cybertelecom.org/privacy/

Google agrees to new privacy rules as part of Buzz settlement, Ars Technica
Google has settled with the Federal Trade Commission over charges that Google Buzz violated user privacy and used deceptive tactics to get people using the service. Both parties acknowledged the agreement on Wednesday morning, with Google noting that the Buzz
http://arstechnica.com/tech-policy/news/2011/03/google-agrees-to-new-privacy-rules-as-part-of-buzz-settlement.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/privacy/

Documents Obtained by EFF Reveal FBI Patriot Act Abuses, EFF
In yesterday's Senate Judiciary Hearing, "Oversight of the Federal Bureau of Investigation," FBI Director Robert Mueller testified about the Bureau's desire to extend three expiring provisions of the USA PATRIOT Act -- PATRIOT Section 215, authorizing secret court orders for the Internet and financial records of innocent Americans; the "lone wolf" wiretapping
http://www.eff.org/deeplinks/2011/03/documents-obtained-eff-reveal-fbi-patriot-act
More Info: http://www.cybertelecom.org/security/patriot.htm

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