Thursday, May 12, 2011

5.12 :: A Good Day for Free Speech :: MSkype :: Whats More Revolting :: Grilled Apple :: Broadband Buffoonery ::

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CyberTelecom News
Federal Internet Law and Policy
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"If your dog is fat, you aren't getting enough exercise." -Unknown

Koch Brothers Can't Abuse Trademark & Hacking Laws To Sue Satirical
Critics, Techdirt
The Koch Brothers have been the center of a lot of attention over the
past year or so, for their funding of a variety of political efforts
that are often described as "right wing" or "libertarian" (tragically,
some people seem to think these two things are synonymous, when they
are not). Either way, you would think that if the Koch Brothers really
were so staunchly libertarian, as
http://www.techdirt.com/articles/20110510/02091314225/koch-brothers-cant-abuse-trademark-hacking-laws-to-sue-satirical-critics.shtml
More Info: http://www.cybertelecom.org/cda/firsta.htm

Utah Court Strikes Blow for Free Speech, Dismisses Trademark and CFAA
Claims Against Political Activists, EFF
As we've noted before, many trademark owners are none too happy when
political activists use their marks as part of a larger statement
about the owners' business or political practices. Sometimes, that
unhappiness takes the form of improper legal threats and even lawsuits
designed to silence critical speech. In a ruling issued today, a
federal judge called a halt to one such
http://www.eff.org/deeplinks/2011/05/utah-court-strikes-blow-free-speech-dismisses
More Info: http://www.cybertelecom.org/cda/firsta.htm

Newport News Holding Corp. v. Virtual City Vision, 4th Cir
Affirming lower courts grant of Summary Judgement to plaintiff on
Anticybersquatting Consumer Protection Act claim, where Defendant
altered content of website from one which demonstrated a total absence
of competition between the two sites - to new content which competed
closely with plaintiff
http://scholar.google.com/scholar_case?case=10290906611629346909
More Info: http://www.cybertelecom.org/dns/acpa.htm

Verisign and Coalition for ICANN Transparency, Inc. ("CFIT") Resolve
Litigation, Verisign
VeriSign, Inc. (NASDAQ: VRSN), the trusted provider of Internet
infrastructure services for the networked world, announced today that
it has entered into a Settlement Agreement and Mutual Release with the
Coalition for ICANN Transparency, Inc. ("CFIT"), CFIT's members, and
specified related parties that resolves the over five-year long
https://press.verisign.com/easyir/customrel.do?easyirid=AFC0FF0DB5C560D3&version=live&prid=755133&releasejsp=custom_97
More Info: http://www.cybertelecom.org/dns/icann.htm

Comcast subscribers can no longer reach The Pirate Bay directly., Ars Technica
Comcast subscribers can no longer reach The Pirate Bay directly.
http://arstechnica.com/tech-policy/news/2011/05/comcast-subscribers-can-no-longer.ars?utm_source=rss&utm_medium=rss&utm_campaign=rssamp;comments=1
More Info: http://www.cybertelecom.org/industry/comcast.htm

For Microsoft, Skype Opens Vast New Market in Telecom, NYT
In agreeing to pay $8.5 billion to buy Skype, Microsoft is embracing a
technology that is transforming the way people communicate at home and
at work.
http://feeds.nytimes.com/click.phdo?i=c71a59c9a0ae32249950acd637103890
More Info: http://www.cybertelecom.org/industry/skype.htm

Microsoft to Acquire Skype, Skype
Combined companies will benefit consumers, businesses and increase
market opportunity
http://feedproxy.google.com/~r/AboutSkype/~3/fs7a64sfu5E/microsoft_to_acquire_skype.html
More Info: http://www.cybertelecom.org/industry/skype.htm

Twitpic Modifies Terms and Claims Exclusive Rights to Distribute
Photos Uploaded to Twitpic, Tech & Marketing Law
I posted about the dispute between a photographer and Agence
France-Presse over images AFP allegedly downloaded...
http://blog.ericgoldman.org/archives/2011/05/twitpic_modifie_1.htm
More Info: http://www.cybertelecom.org/ip/copyright.htm

Copyright Group Sues 23,000 BitTorrent Defendants, Wired
At least 23,000 file sharers soon will likely get notified they are
being sued for downloading the Expendables in what has become the
single largest illegal-BitTorrent-downloading case in U.S. history.
http://feeds.wired.com/~r/wired/politics/~3/UfpTdD58-Zo/
More Info: http://www.cybertelecom.org/ip/p2p.htm

23,000 Sued For Illegally Downloading The Same Film, Huffpo
In what could be the largest illegal downloading case in U.S. history,
approximately 23,000 BitTorrent users are expected to receive notice
this week that they are being sued for illegally downloading the
action film "The Expendables."
http://www.huffingtonpost.com/2011/05/10/expendables-bit-torrent-download-case_n_860048.html
More Info: http://www.cybertelecom.org/ip/p2p.htm

Internet News Soars, Ad Revenues Follow, USTelecom
According to a new study Americans are more engaged with the news than
ever before – and the Internet is responsible for driving this trend.
Analysis from the Pew Internet and American Life Project shows 41% of
Americans receive the majority of national and international news
online, marking a 17 percent jump in a single year. And for the first
time, more people said
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/05/10/internet-news-soars-ad-revenues-follow/
More Info: http://www.cybertelecom.org/media/news.htm

Google, Drudge, Facebook the major drivers for news sites, Lost Remote
Social media and search are emerging as the driving force behind how
people visit media websites. A report by the Pew Project for
Excellence in Journalism shows us how people find online news. The
study looked at the top 25 news websites. Among the project's
findings: Google is the primary driver of traffic. It accounts [...]
Related posts:
http://www.lostremote.com/2011/05/10/google-drudge-and-facebook-are-the-major-drivers-for-news-sites/
More Info: http://www.cybertelecom.org/media/news.htm

Future of Media: Lots of Questions, But No Easy Answers, Gigaom
The Columbia School of Journalism released a massive report on Tuesday
that looks at the current landscape of digital media — the small and
the large, the mainstream and the alternative — and finds what will
come as no surprise to anyone familiar with the industry: disruption
and confusion, and a notable lack of any obvious solutions. Although
there are hints of
http://feedproxy.google.com/~r/OmMalik/~3/1CH6WIG54ec/
More Info: http://www.cybertelecom.org/media/news.htm

FCC Chairman Applauds Colleague Departing to Become FCC Lobbyist, Wired
What's more revolting: FCC Commissioner Meredith Attwell Baker
resigning to become NBC-Comcast's top lobbyist, or FCC Chairman Julius
Genachowski applauding the move? Vote now.
http://feeds.wired.com/~r/wired/politics/~3/e3K7YglKuFU/
More Info: http://www.cybertelecom.org/notes/fcc.htm

FCC Regulator To Join NBCUniversal--4 Months After Approving Merger, Huffpo
A top telecommunications regulator who voted to approve Comcast
Corp.'s takeover of NBCUniversal in January is leaving to join the
company as a lobbyist.
http://www.huffingtonpost.com/2011/05/11/meredith-attwell-baker-comcast-nbcuniversal_n_860889.html
More Info: http://www.cybertelecom.org/notes/fcc.htm

Regulator to join Comcast after supporting NBC deal, Globe and Mail
Comcast said it did not begin discussions with Meredith Attwell Baker
about a possible job until after the transaction had closed
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/sReCyn6cfr4/
More Info: http://www.cybertelecom.org/notes/fcc.htm

Best Wishes to Commissioner Baker, USTelecom
"Commissioner Baker brought an extraordinary level of talent,
commitment and knowledge of communications to the commission, and we
will miss her. We are grateful for her public service, for her fair
and even-handed approach, and for the time and effort she spent in
seeking to thoroughly understand each of the major issues facing our
industry. We wish her much success in her new career with
NBCUniversal."
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/05/11/best-wishes-to-commissioner-baker/
More Info: http://www.cybertelecom.org/notes/fcc.htm

AT&T Statement on Commissioner Baker's Departure from FCC, AT&T
"The FCC, the industry, and American consumers have greatly benefitted
from Commissioner Baker's dedication to public service and her
extensive knowledge in communications policy. We are sorry to see her
leave the Commission but we wish Meredith all the best and we look
forward to continuing to work with her in her new capacity."
http://attpublicpolicy.com/fcc/att-statement-on-commissioner-bakers-departure-from-fcc/
More Info: http://www.cybertelecom.org/notes/fcc.htm

After approving NBC buyout, FCC Commish becomes Comcast lobbyist, Ars Technica
Meredith Attwell Baker, one of the two Republican Commissioners at the
Federal Communications Commission, plans to step down—and right into a
top lobbying job at Comcast-NBC.
http://arstechnica.com/tech-policy/news/2011/05/after-approving-comcastnbc-deal-fcc-commish-becomes-comcast-lobbyist.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/notes/fcc.htm

FCC Commissioner Baker Joining Comcast/NBCU, Telecom Law Monitor
Today, FCC Commissioner Meredith Attwell Baker announced that she is
resigning from the Commission as of June 3, 2011. The Los Angeles
Times is reporting that she will join Comcast as Senior Vice President
of Government Affairs for Comcast's newly acquired NBCUniversal unit.
Baker voted to approve that merger in January. Her departure already
has
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/t99dzk9_Fos/
More Info: http://www.cybertelecom.org/notes/fcc.htm

Senate panel grills Apple, Google on location data, Globe and Mail
Smart phone makers say users have plenty of options available to
control tracking
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/COMBZ-Zy4dQ/
More Info: http://www.cybertelecom.org/notes/geolocation.htm

Senators Grill Apple, Google Over Privacy, Huffpo
At a senate hearing today, Apple and Google defended themselves
against allegations that the companies do an inadequate job of
protecting user privacy on mobile devices.
http://www.huffingtonpost.com/2011/05/10/senate-privacy-hearing_n_860269.html
More Info: http://www.cybertelecom.org/notes/geolocation.htm

Our Senate testimony on protecting Android users' privacy, Google
This morning I'll be testifying before the Senate Judiciary Committee
about the important issue of mobile privacy. You can read my full
testimony here or watch a webcast of the hearing here starting at 10
a.m. EDT.
http://feedproxy.google.com/~r/GooglePublicPolicyBlog/~3/uIRz6o6phrk/our-senate-testimony-on-protecting.html
More Info: http://www.cybertelecom.org/notes/geolocation.htm

Facebook profile access 'leaked', BBC
Security firm Symantec has discovered a authentication flaw which has
potentially leaked access to thousands of Facebook profiles to
advertisers.
http://www.bbc.co.uk/go/rss/int/news/-/news/technology-13358293
More Info: http://www.cybertelecom.org/privacy/socialnetworks.htm

Griffin v. State of Maryland, Court Appeals MD
Myspace page cannot be authenticated simply by fact that it has
person's photo and DOB on it
http://scholar.google.com/scholar_case?case=4904843973173906376
More Info: http://www.cybertelecom.org/privacy/socialnetworks.htm

White House to unveil cybersecurity proposal, Globe and Mail
Proposed legislation focused on improving security for critical
infrastructure, government's networks and computers
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/Z4MfWmU1xH4/
More Info: http://www.cybertelecom.org/security/

New Department of Justice Documents Fail to Justify Expanding CALEA, EFF
Earlier this month the FBI, DEA and the Department of Justice Criminal
Division responded to our FOIA litigation for records related to the
Department of Justice's controversial efforts to push Congress to
expand the Communications Assistance to Law Enforcement Act (CALEA).1
Although the agencies stated in their court filings (here, here, and
here) that they had
http://www.eff.org/deeplinks/2011/04/newly-released-documents-fail-provide
More Info: http://www.cybertelecom.org/security/calea.htm

Causing Damage Without Authorization: The Limitations of Current
Judicial Interpretations of Employee Authorization Under the Computer
Fraud and Abuse Act, William and Mary Law Rev
The Computer Fraud and Abuse Act (CFAA) has recently been described in
various publications as "another arrow in the quiver" of legal options
for employers to use against former employees, a way "to put some real
teeth into your complaint," and a "gap-filler"
http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=3382&context=wmlr
More Info: http://www.cybertelecom.org/security/crime.htm

North Carolina's Broadband Buffoonery Gains Attention - Unfortunately,
Only After Time Warner Cable Victory, dslreports
For years we've covered how multiple states have passed legislation
blocking towns and cities from wiring themselves with broadband, even
in cases where nobody else would. Such bills became less popular over
the years as the public and broader press became away of what was
going on, though that awareness came after nearly a dozen states
passed laws either banning or constricting community broadband rights.
http://www.dslreports.com/shownews/North-Carolinas-Broadband-Buffoonery-Gains-Attention-114186
More Info: http://www.cybertelecom.org/states/nc.htm

PUBLIC FORUM, PANELISTS SLATED FOR MAY 18 OMAHA FIELD WORKSHOP ON
MODERNIZING UNIVERSAL SERVICE FOR BROADBAND., FCC
No description
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-306412A1.pdf
More Info: http://www.cybertelecom.org/usf/

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