Thursday, July 28, 2011

No Private Right of Action for Communications Decency Act :: Ashland Hospital v. Intl Bro of Electrical Workers 575 (Case Summary)

Background: Plaintiff Ashland Hospital Corporation d/b/a King's Daughters Medical Center (KDMC) filed suit against International Brotherhood of Electrical Workers Local 575 (IBEW),  asserting a "harassment" count citing the Communications Decency Act of 1996 (CDA), 47 U.S.C. § 223 et seq Plaintiff also filed suit against other parties and brought other causes of action (we are just interested in the CDA).

The IBEW decided to "forge a broad grass-roots community based coalition to amplify its message" that KDMC should hire locally. The IBEW launched a robocall campaign against KDMC beginning in June 2010 continuing through the first week of July. The robocall script read
Hello, my name is Kelly and I am confused by King's Daughters Medical Center and the choices they are making here in Scioto County. King's Daughters' CEO Fred Jackson has received bids from several contractors, including one that will put local people to work. Sadly, for the price of a few medical procedures, it appears that KDMC CEO Fred Jackson is going to bring in out-of-town companies and workers to build their new facility. Southern Ohio Medical Center has always committed to using local businesses and local workers, so how can we support a hospital that won't make the same commitment? Please press 1 now to leave a message for Fred Jackson, who received more than $1,150,000 in yearly compensation, and ask him why he would expect you to spend our hard-earned dollars at King's Daughters while he spends his out of town. Thank you.
Calls were allegedly made to residents of Southern Ohio and Northern Kentucky who could then choose whether to connect to Fred Jackson or Howard Harrison at KDMC. Thousands of the Ohio and Kentucky residents contacted opted to connect directly to KDMC in the months of June and July 2010. KDMC alleges that this activity "tied up multiple incoming telephone lines at KDMC's hospital facility."

Procedure:  Defendant's Motion to Dismiss, Rule 12(b)(6), Plaintiff's Communication Decency Act cause of action, 47 USC 233.

Argument: Defendant seeks dismissal on the basis that the CDA is a criminal statute that does not provide individual plaintiffs a private right of action.

Analysis: The Communications Decency Act is a criminal statute that prohibits the making of "obscene or harassing" telecommunications. 47 U.S.C. § 223(a) ("Whoever. . . makes a telephone call. . . without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number . . . shall be fined under Title 18 or imprisoned not more than two years, or both.") (internal numbering omitted). Although a criminal statute may provide an implied right of action if Congress so intended in enacting the criminal statute, Thompson v. Thompson, 484 U.S. 174, 179 (1988), such will not be the case unless legislative intent can be inferred from the statutory language or elsewhere. It is well settled, however, that the CDA does not authorize a private right of action. Sloan v. Truong, 573 F. Supp. 2d 823, 829 (S.D.N.Y. 2008) (there is no express or implied provision for a private remedy under § 223); see also Osborn v. Salter, No. 5:07CV00016, 2007 WL 1202848, at *1 (W.D. Va. April 23, 2007) ("[T]he authority to enforce the CDA lies with government authorities not with private citizens."); Universal Commc'n Sys., Inc. v. Lycos, Inc., No. 05-11172-REK, 2005 WL 5250032, at *4 (D. Mass. Dec. 21, 2005) ("Section 223 does not . . . provide a private right of action . . . so plaintiffs do not have a claim under this statute."). Where plaintiffs have initiated civil suits under this statute, courts have consistently refused to imply a private right of action. See Croteau v. California, No. 07-CV-588-IEG, 2007 WL 4180831, at *7 (S.D. Cal. Nov. 21, 2007) (no private right of action to recover for damages under 47 U.S.C. § 223); Viola v. A & E Television Networks, 433 F. Supp. 2d 613, 618 (W.D. Pa. 2006) ("[T]he authority to enforce the CDA lies with the proper government authorities and not with a private citizen such as plaintiff.").

Holding: Defendant's Motion to Dismiss Plaintiff's CDA Claim granted.

7.28 :: Still Mislead :: What Are You Hiding :: We Know it When We See It :: Taking a Peak :: The Response Was, in a word, Confusion ::

CyberTelecom News
Federal Internet Law and Policy
"When the rich make war it's the poor that die." -Jean-Paul Sartre

ISPs 'still mislead' on broadband, BBC
Ofcom's latest broadband report shows the gap between advertised and actual speeds is getting wider.
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Grassley to FCC on LightSquared: What are you hiding?, WAPO
Sen. Chuck Grassley (R-Iowa), ranking member of the Judiciary Committee, said Wednesday he still hasn't received the answers he wants from the Federal Communications Commission on why the agency fast-tracked a regulatory step for troubled satellite firm LightSquared.
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Sprint, LightSquared strike 15-year deal for LTE wholesale network, CW
Sprint and LTE technology provider LightSquared announced a 15-year deal Thursday that gives Sprint $9 billion in cash, primarily for spectrum hosting and LTE network services it would provide LightSquared.
More Info:

LightSquared to buy 4G from Sprint for billions, Gigaom
The much rumored and much talked about deal between Overland Park, Kan.-based Sprint Nextel and upstart 4G network company,LightSquared has finally come to fruition, the two companies announced Thursday. LightSquared is a wireless network based in Reston, Va., using re-purposed satellite-related spectrum to build a 4G wireless broadband network.
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GPS Interference Testing - Inside GNSS, Inside GNSS
In a tightly compressed timeline, the Technical Working Group established under a Federal Communications Commission order designed and conducted tests assessing the likely effect of LightSquared's transmissions on GPS.
More Info:

No private right of action for Communications Decency Act, 47 U.S.C. § 233, Cause of Action
More Info:

Will the new IANA contract politicize the IANA?, IGP
IGP filed comments on the Commerce Department's Further Notice of Inquiry on the IANA functions contract today. Our comments noted that there are elements in the proposed new IANA Statement of Work (SOW) which could radically alter the nature of the IANA functions contract.
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"We Know It When We See It": Intermediary Trademark Liability and the Internet, : 2011 STAN. TECH. L. REV. 7
The recent history of intermediary liability decisions in copyright and trademark law reflects a notable resistance to rules that might constrain judicial discretion to ferret out bad guys. The Supreme Court in Grokster suggested such resistance, by limiting the Sony safe harbor to defendants
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Sen. Al Franken joins call to reject AT&T/T-Mobile merger, WAPO
Sen. Al Franken (D-Minn.) on Tuesday urged regulators to stop AT&T's merger with T-Mobile, saying the $39 billion deal would drive up prices for consumers and threaten jobs.
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In re Google Inc. Street View Electronic Communications Litigation, NDCA Fed Court
The Court GRANTS Defendant's Motion for Certification and certifies this case for immediate appeal pursuant to 28 U.S.C. § 1292(b).
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Fox to delay to limit Web access to its shows, CNET
Hulu users used to seeing their favorite shows on Hulu the day after they air on the network will soon have to wait eight days.
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Fox to stream newest shows only to paid subscribers, Lost Remote
In a huge move that could signal the beginning of a reversal of free, timely programming on the web, Fox is planning to institute a eight-day delay on streaming its shows on and Hulu, reports the WSJ. Paid subscribers to Hulu Plus ($7.99/month) and DirecTV Dish subscribers will be able to watch episodes the day after they air. Fox is trying to get more cable and satellite providers to sign up, as well.
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Taking a Peek Under the Hood of the New FCC.Gov, FCC
Public dot-gov sites are playing a big role in delivering on the promises of open government. As many people know, government sites for example -- are becoming active participants in this conversation between citizens, developers and dot gov teams. We're proud that the new has been able to contribute, and we wanted to give an overview of the community-driven features that power our site.
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Computer Fraud and Abuse Act case against hard drive destroying director goes forward, Internet Cases
Defendant had risen to the level of Director of a large consulting and professional services firm. (There is some irony here – this case involves the destruction of electronic data, and defendant had been in charge of the firm's security and privacy practice.)
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Stuxnet as Cyberwarfare: Applying the Law of War to the Virtual Battlefield, SSRN
In the field of international humanitarian law, there are a number of questions about the conduct of warfare in the cyber domain. In some cases, answers can be gleaned from treaties and customary international law but in other instances, solutions are seemingly intractable, begging for solutions that
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GAO faults Pentagon cyber efforts, WAPO
In 2008, the U.S. military suffered the most significant breach of its classified computer networks when an infected flash drive was inserted into a laptop at a base in the Middle East, and the response was, in a word, confusion.
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Government Experts Confirm Nation's Critical Infrastructure Vulnerable to Cyber Threats, House Commerce
Oversight and Investigations Subcommittee Launches Series of Hearings to Protect Nation From Growing Cyber Attac
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Court Rejects First Amendment Challenge to CAN-SPAM Indictment -- US v. Smallwood, Tech & Marketing Law
US v. Smallwood, 09-CR-00249 (N.D. Tex.; July 15, 2011) First Amendment...
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Tuesday, July 26, 2011

7.26 :: Quits Abruptly :: "Summer is Nearly Over" :: Shut Down the PSTN :: Three Strikes Strikes Out :: Better or Worse? ::

CyberTelecom News
Federal Internet Law and Policy

7.8 Million Kids Heading Back to School With One Strike Already
Against Them, Connected Nation
Summer is nearly over, and that means kids will soon be returning to
the classroom. This week, Connected Nation is looking at how families
with children are using technology, as well as steps that schools are
taking to make sure that all of their students can access
More Info:

LightSquared vs. GPS raises big spectrum issues, CW
The argument raging over LightSquared's proposed LTE network and
possible interference with GPS services is actually two arguments over
two sets of frequencies, both of which the startup hopes eventually to
More Info:

Wireless-by-satellite start-up hits FCC roadblock over GPS
interference findings, WAPO
LightSquared, a wireless-by-satellite network start-up created by
hedge fund billionaire Philip Falcone, hit its first roadblock with
new findings that its service interferes with Global Positioning
System receivers.
More Info:

FCC gives itself more time to review AT&T's proposed purchase of
T-Mobile USA, Fierce Broadband
The FCC is giving itself more time to review AT&T's (NYSE:T) proposed
$39 billion acquisition of T-Mobile USA, saying AT&T plans to submit
new economic assessments when it comes to the deal's public benefits.
AT&T plans to submit that information on July 25. The FCC said it
would restart its review process once it receives the information
More Info:

my third FCC TAC meeting — the most exciting yet, CAIDA
My third FCC Technical Advisory Council meeting (3-hr. video archive
here) was the most exciting yet. The TAC's Critical Legacy Transition
working group, studying the legacy public switched telephone network,
recommended that the Council advise the FCC to set a concrete date to
sunset (shut down) the Public Switched Telephone Network
More Info:

802.11n support to grow 465 percent through 2015, CNET
Research firm In-Stats says 53 million wireless-N-supported devices
were available in 2010. That figure will jump to nearly 300 million in
More Info:

Top 25 U.S. Online Properties, June 2011, Clickz
A look at the top 25 online properties in the U.S. during June.
More Info:

Texas IPv6 Task Force Summit, IPv4 Depletion Site
Join us for the 3rd Texas IPv6 Task Force Summit in Austin, TX on
September 14-15 2011.
More Info:

IPv6 Fragmentation, Arbor Network
Fragmentation has been a frequent source of security vulnerabilities
in IPv4, and for good reason. With fragmented IPv4 packets, the layer
4 header information is not available in the second through the last
fragment. The process of fragmentation and fragment reassembly can
create unexpected and harmful behaviors in intermediate nodes (such
More Info:

Remarks of Assistant Secretary Strickling at the Internet Governance
Forum--USA, NTIA
Thank you for the opportunity to speak once again at the IGF-USA. I
want especially to thank Marilyn Cade for her work in pulling together
the third edition of this meeting and I am glad to have had the
opportunity to speak at each of these sessions.
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South Korean Twitterers Mobilized As East Sea(Sea of Japan) Conflict
Intensifies, Global Voices
The ongoing territorial dispute over the Dokdo(Takeshima) island has
flared up as the Japanese Foreign Ministry instructed a boycott
against Korean Air for hovering over the island located in the
disputed water. Korean Twitterers have set up a special website,
IssueTok [ko], to plan a mass tweet-protest in several languages.
More Info:

54-Year Old School Teacher Who Doesn't Know How To Download Movies
First To Be Kicked Off The Internet In France, Techdirt
We recently noted that, over in France, under the HADOPI three strikes
regime, they had their first 10 people get their third strike, and
each was being reviewed to see if they should lose their connection.
Well, it looks like the first guy has lost his connection... and it's
a 54-year old school teacher who insists he has no idea how to
More Info:

DMCA Takedown Used To Try To Silence Science Blogger Providing Comet
Facts, Techdirt
Another day, another case of the DMCA being used to try to censor
people. The details here are not entirely clear, but James Litwin
points us to a report about how someone -- and, tragically, the party
is never actually named -- filed a DMCA takedown notice to Blogger to
try to take down Ian Musgrave's Astroblogger site. Apparently some
folks who
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Jammie Thomas judgment lowered from $1.5 million to $54,000, CNET
The judge in the long-running copyright case has reduced a third
verdict against Jammie Thomas from $1.5 million to $54,000, calling
the jury-awarded amount "outrageously high."$1.5-million-to-$54000/?part=rss&subj=news&tag=2547-1_3-0-20
More Info:

Is the internet making journalism better or worse? Yes, Gigaom
For the past several days, The Economist has been hosting a debate
between journalism professor Jay Rosen and digital skeptic and author
Nicholas Carr, as part of an ongoing series about the future of media.
The proposition tabled by the magazine was that the internet is making
journalism better rather than worse, with Rosen arguing in
More Info:

71% of online adults now use video-sharing sites, Pew
Fully 71% of online Americans use video-sharing sites such as YouTube
and Vimeo. Rural internet users have caught up to others in their use
of these sites, and minorities are more likely than whites to visit
More Info:

'Big Three' Weigh in on Online Privacy: FTC, FCC and NTIA Testify at
Privacy Hearing, Telecom Law Monitor
On July 14, 2011, a joint House Energy and Commerce Subcommittee
hearing focused on online privacy policy and perspectives of the 'big
three' federal agencies with potential jurisdiction over online
privacy – the Federal Trade Commission (FTC), the Federal
Communications Commission (FCC), and the National Telecommunications
More Info:

The What and Why of NIST's Privacy Appendix, Daily Dashboard
Ron Ross, author of the National Institute of Standards and
Technology's (NIST) "Security Controls for Federal Information Systems
and Organizations" document told GovInfoSecurity that adding privacy
controls will offer a "disciplined and structured approach on how to
enforce some of the best practices that have been around for quite
More Info:

FTC Extends Public Comment Period to August 15, 2011 for Aristotle's
Proposed Safe Harbor Program Under the Children's Online Privacy
Protection Rule, FTC
The Federal Trade Commission today announced that it is extending
until August 15, 2011, the deadline for public comments relating to a
proposed safe harbor program that Aristotle International, Inc. has
submitted for Commission approval under the Children's Online Privacy
Protection Rule.
More Info:

Don't Let Congress Order Internet Companies to Spy on You — Block the
Data Retention Mandate, EFF
Mandatory data retention would force your ISP--and your workplace,
your school, your library, your corner coffee-shop with free WiFi, and
anyone else that offers you internet access--to create vast and
expensive new databases of sensitive information about you. That
information would then be available to the government, in secret and
without any
More Info:

Director of US-CERT quits abruptly, CW
Randy Vickers, the director of the U.S. Computer Emergency Response
Team (US-CERT), has resigned from his position without any official
explanation for the abrupt move.
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Thursday, July 21, 2011

7.20 :: Very Bold or Very Dumb :: Obsolete :: WIFI isnt Radio Communications :: Who Ya Gonna Believe ::

CyberTelecom News
Federal Internet Law and Policy
"Fame is a vapor; popularity an accident; the only earthly certainty is oblivion." -Mark Twain

"Very bold or very dumb": data caps don't apply to ISP's own movie service (updated), Ars Technica
Shaw provided no information when I contacted them before running this story, but starting this afternoon, the company suddenly started tweeting up a storm. According to the company, watching Movie Club on a television incurs no data cap because it is delivered through Shaw's existing video-on-demand QAM cable infrastructure. When users access Movie Club through a computer, they will access an IP-based
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Compliance Reminders: FCC Filings Due August 2011; FCC Form 477 Compliance Webinar; FCC Annual Regulatory Fees, Telecom Law Monitor
Carriers required to contribute to federal universal service support mechanisms must report their actual and projected end user and wholesale revenues for each calendar quarter by filing Form 499Q on a quarterly basis. The Form 499Q filing, providing historical revenue data for April 1 through June 30 and projected data for October 1 through December 31, is due to USAC by August 1, 2011.
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Oh no he didn't: AT&T's CEO calls DSL obsolete, Gigaom
AT&T CEO Randall Stephenson (pictured) spoke Tuesday at the National Association of Regulatory Utility Commissioners summer meeting in Los Angeles, where he called his company's copper-based DSL broadband technology "obsolete." This is a stunning admission from one of the nation's largest DSL providers. Sena Fitzgerald Fitzmaurice, a spokeswoman for rival ISP Comcast tweeted from the meeting:
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LightSquared: 1, High-Precision GPS: 0, GPS World
At stake is the high-precision GPS industry as we know it. If LightSquared's current proposal is approved by the FCC, it will render tens of thousands, and possibly hundreds of thousands of GPS receivers obsolete starting as early as next year. The
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Hot Times for Spectrum Policy, FCC
Things are heating up in Washington. Of course, we're not referring to the ongoing negotiations over the debt ceiling, or even the 100-degree temperatures expected later this week. We're talking about spectrum policy.
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Guest blog: ICANN needs to follow its own bylaws on UDRP review, IGP
That ICANN too often winks at its fundamental rules is illustrated by the Preliminary GNSO Issue Report on the Current State of the Uniform Dispute Resolution Policy ("UDRP Report"). At a basic level, the UDRP Report is untimely and unresponsive. It satisfies neither the timeline prescribed by the bylaws nor the substantive criteria of an issue report required by the bylaws. Rather than assisting the GNSO Council, the
More Info:

Malaysian Government to Fully Adopt IPV6 by End of 2012, Circleid
The Malaysian government is poised to fully adopt the Internet Protocol version 6 or IPv6 by the end of next year and may emerge as the first government in the world to achieve full IPv6 compliance, Deputy Information Communication and Culture Minister Datuk Joseph Salang said. According to the report several government agencies have already adopted IPv6 and several others are in the process of shifting from IPv4.
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Judge Ware OKs Immediate Appeal of Street View ECPA Ruling -- In re Google Inc. Street View Electronic Communications Litigation, Tech & Marketing Law
n re Google Inc. Street View Electronic Communications Litigation, 2011 WL 2571632 (N.D. Cal. July 18,...
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Judge Agrees That Perhaps It Would Be Best For Someone Else To Review His Claim That WiFi Isn't A Radio Communication, Techdirt
We were pretty surprised a few weeks back when a judge claimed that Google could be subject to wiretapping charges for collecting snippets of data during the Street View data collection might be illegal wiretapping, because he didn't consider open WiFi to be radio communications. Under the law, open and unencrypted radio communications are not subject to wiretapping rules, because, well, they're open. Claiming that open
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Leading by Example — Closing the FCC's Title II Reclassification Proceeding, CableTechTalk
In an op-ed in today's Washington Post, Karen Kornbluh, U.S. ambassador to theOrganization for Economic Cooperation and Development, and Daniel Weitzner, White House Deputy Chief Technology Officer for Internet Policy, made a powerful case for building an international consensus around the benefits of an open, interconnected Internet.
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From Russia With Malice, VOA
The Dangers of Russian Hacking
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Politicians Who Support Protect IP Clueless About What it Does - One Thinks It's About Immigration, Another...Net Neutrality, dslreports
During the last year the Immigration and Customs Enforcement (ICE) office of the Department of Homeland Security has launched a new campaign that involves seizing the domains used by websites involved in copyright infringement, the sale of counterfeit goods or child pornography. The problem is that the program has been borderline incompetent, taking legitimate foreign businesses offline, as well a
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Who Do You Trust On Whether Or Not PROTECT IP Will Break The Internet? The Guys Who Built It... Or The MPAA?, Techdirt
We've already covered the white paper written by a bunch of the biggest names in internet infrastructure, explaining why PROTECT IP breakskey underlying elements of the internet. At the same time, we've seen the entertainment industry try to brush off these concerns. However, the guys who wrote the white paper have been speaking up lately trying to get our elected officials to recognize the consequences of passing
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The "Graduated Response" Deal: What if Users Had Been At the Table?, EFF
As was widely reported last week, several major internet access providers (including, very likely, yours) struck a deal last week with big content providers to help them police online infringement, educate allegedly infringing subscribers and, if subscribers resist such education, take various steps including restricting their internet access. We've now had a chance to peruse the lengthy "Memorandum of Understanding" (MOU) behind
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Bono Mack Introduces Legislation to Protect Consumers From Data Theft, House Commerce
Commerce, Manufacturing, and Trade Subcommittee to Vote on SAFE Data Act TOMORROW
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Lawmakers Say Children First in Online Privacy, Daily Dashboard
Amidst proposals for do-not-track legislation and a recent study showing that some online companies are not complying with self-regulatory standards, Rep. Anna Eshoo (D-CA) suggests that focusing on children's privacy may be the way forward. The Washington Post reports that while most lawmakers think children need clear online protections, the current proposals will be hard to turn into law. Meanwhile, Rep. Henry
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Google+ reportedly hitting 18 million users, CNET
New data calculated by founder and Google+ unofficial statistician Paul Allen say that the new social network could soon reach 18 million users.
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Feds Arrest 14 'Anonymous' Suspects Over PayPal Attack, Raid Dozens More, Wired
Authorities have arrested 14 individuals suspected of participating in denial-of-service attacks against the online-payment service PayPal.
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FBI arrests 16 in Anonymous hacking investigation, CNET
Arrests follow raids on homes as part of more than 35 search warrants related to an attack on PayPal computers, U.S. Department of Justice says.
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'Anonymous' arrests tied to PayPal DDoS attacks, FBI says, CW
The FBI said this afternoon that it had arrested a total of fourteen individuals thought to belong to the Anonymous hacking group for their alleged participation in a series of distributed denial-of-service attacks (DDoS) against PayPal last year.
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16 Arrested as F.B.I. Hits the Hacking Group Anonymous, NYT
Fourteen of the 16 people were charged in connection with an attack on the Web site of the payment service PayPal last December.
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Monday, July 18, 2011

RFC :: FCC :: TW Telecom Petition Re Direct Ip-To-Ip Intercon Per Sec 251(C)(2) Of Comm Act

Public Notice: "On June 30, 2011, TW Telecom inc. (TWTC) filed a petition for a declaratory ruling that TWTC has the right under section 251(c)(2) of the Communications Act, as amended,[1][1] to direct IP-to-IP interconnection with incumbent LECs for certain IP-based services.[1][2]  In particular, TWTC seeks direct IP-to-IP interconnection from incumbent LECs for the transmission and routing of TWTC's facilities-based Voice over Internet Protocol (VoIP) services and for voice services that originate and terminate in Time Division Multiplexing (TDM) format but are converted to IP format for transport (IP-in-the-middle voice services).[1][3]  As part of its request, TWTC asks the Commission to clarify that TWTC's facilities-based VoIP services are telecommunications services as well as telephone exchange services and/or exchange access.[1][4] 


Parties may file comments on either or both petitions on or before August 15, 2011 and reply comments on or before August 30, 2011.  All pleadings should reference WC Docket No. 11-119.

. . . . . 

For further information regarding this proceeding, contact Melissa Droller Kirkel, Competition Policy Division, Wireline Competition Bureau, 202-418-7958, or Jean Ann Collins, Competition Policy Division, Wireline Competition Bureau, 202-418-2792. 


11-119 ). Comments Due:  08/15/2011. Reply Comments Due:  08/30/2011. WCB . Contact:  Melissa Droller Kirkel at (202) 418-7958 or Jean Ann Collins at (202) 418-2792

Friday, July 15, 2011

7.15 :: a Phenomenally Bad Idea :: (Dont) Use the Cloud :: Wifi Not "Radio Communications" :: Stop Me Before I Infringe Again :: Sharing the Toys ::

CyberTelecom News
Federal Internet Law and Policy
Suppose you were an idiot, and suppose you were a member of congress;
but I repeat myself. – Mark Twain

Sprint to confirm LightSquared network deal, CNET
The network-sharing deal with LightSquared is one element of Sprint's
major 4G push, CNET has learned.
More Info:

WISPA Raises Opposition Over Spectrum Licensing, WISPA
Today the Wireless Internet Service Providers Association (WISPA),
which represents small- and medium-sized fixed wireless broadband
service providers (WISPs), issued a letter strongly opposing aspects
of the draft bill entitled "Spectrum Innovation Act of 2011." WISPA
members provide fixed wireless broadband services using primarily
unlicensed frequencies to over
More Info:

Why The Proposed "Unlicensed Auction" Is Such A Phenomonally Bad Idea
-- The Economics., PK
To call the discussion draft on spectrum reform circulated by House
Commerce Commitee Republicans "flawed" understates the matter almost
to the point of absurdity.
More Info:

Congress goes after unlicensed wireless "free riders" (like Google and
Microsoft), Ars Technica
The House Energy and Commerce Committee is holding a hearing on Friday
on spectrum and public safety communications issues. In advance of the
event, key Republican lawmakers have circulated adiscussion draft of
new spectrum auction and public safety band rules. It's an interesting
read for anyone interested in wireless unlicensed broadband.
More Info:

How Congress' spectrum bills hurt the tech community, Gigaom
This week both Republicans and Democrats proposed drafts of mobile
spectrum bills that would incent television broadcasters to give up
some of their spectrum to be used for mobile broadband. Essentially,
Congress wants to replace PBS or local broadcast affiliates with
downloading Facebook on iPhones.
More Info:

WiFi-hacking neighbor from hell gets 18 years in prison, Ars Technica
A Minnesota hacker prosecutors described as a "depraved criminal" was
handed an 18-year prison term Tuesday for unleashing a vendetta of
cyberterror that turned his neighbor's lives into a living nightmare.
More Info:

FCC Mobile Competition Report Is One Green Light for AT&T/T-Mobile Deal, TLF
The FCC published in June its annual report on the state of
competition in the mobile services marketplace. Under ordinary
circumstances, this 300-plus page tome would sit quietly on the shelf,
since, like last year's report, it ''makes no formal finding as to
whether there is, or is not,
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Comcast Xfinity Featured in FCC Technology Experience Center, Comcast
Comcast is proud to take part in today's launch of the Federal
Communications Commission's Technology Experience Center (FCC TEC), an
on-site technology lab to showcase the astounding innovation occurring
in the communications, information, and entertainment industries.
Technology is changing rapidly as companies compete to bring consumers
the "anytime, anywhere" world they are demanding. The FCC TEC
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Guy Kicked Off Comcast For Using Too Many Cloud Services, Techdirt
One of the key concerns we've had about the rise of broadband caps is
that they don't take into account the fact that more and more data and
services are moving online. When companies put in place data caps --
such as Comcasts' 250 gigs or AT&T's 150 gigs, they always highlight
how this really only impacts a tiny percentage of users. But, the
truth is that as more things go online, and more data is moved to "the
cloud," it's
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Comcast Cap Enforcement a Confusing Mess - One Tale of Crossing the
Cap..., dslreports
For years our users received warnings from Comcast informing them that
they were consuming too much bandwidth. When asked how much bandwidth
was too much, Comcast was never able to adequately answer. A few years
ago Comcast finally imposed a flat 250 GB cap on all users, which
while out of the range of most users and unaccompanied by overages,
still wasn't particularly popular.
More Info:

WiFi Nets are not "Readily Accessible to the Public;" Google's Motion
to Dismiss EPCA Claim in SpyFi Case Denied, Cybertelecom
In re Google Inc. Street View Electronic Communications Litigation,
No. C 10-MD-02184 JW., United States District Court, N.D. California,
San Francisco Division. June 29, 2011. PROCEDURE: Defendant Google's
Motion to Dismiss. Fed. Rule 12(b)(6) BACKGROUND: "Plaintiffs bring
this putative class action against Google, Inc. ("Defendant"),
alleging three causes of action for violation of the
More Info:

U.S. Senate considers jail time for copyrighted video streamers, Globe and Mail
Amendment could see gamers who post clips online thrown behind bars
for up to five years
More Info:

Feds Respond To Rojadirecta's Challenge To Domain Seizures: If We Give
It Back, They'll Infringe Again, Techdirt
Last month, we were the first to report on the fact that the Spanish
company Puerto 80 had petitioned the US government to have it return
its domains, which were seized, under questionable reasoning, by
Homeland Security's Immigration & Customs Enforcement (ICE) division.
The government, who as detailed in that petition has been trying to
avoid any kind of legal fight, first got the court to allow it to
delay filing a response
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France Three Strikes Law Suggests A Huge Percentage Of French Citizens
At Risk Of Losing Internet Access, Techdirt
When you have a law that a huge percentage of the population violates,
you have to wonder if the law is just. The first data is out about the
French 3-strikes HADOPI program, and apparently copyright holders have
sent in notices claiming 18 million incidents of unauthorized file
sharing. The Torrentfreak article suggests that it's 18 million
individuals, but I think that they really mean 18 million incidents,
which could include
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Feds defend Internet domain seizure in piracy crackdown, Ars Technica
Federal prosecutors are asking a judge not to return the domain names
of one of Spain's most popular websites seized as part of a major US
crackdown on Internet piracy. The legal filing over
represents the government's first legal response to a lawsuit
challenging "Operation in Our Sites."
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Muller's new book finds that rural newsweeklies are thriving, Annenberg
A new book by journalism professor and Emmy award-winning reporter
Judy Muller (pictured, below right) proves that America's new news
ecology may have turned mainstream media on its head, but it's leaving
plenty of room for small-town weeklies – the original hyperlocal
journalism – to make a healthy living.
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Internet TV Takes Off, USTelecom
Turn on the latest generation of Internet-enabled televisions and
you'll find instant access to Facebook, opportunities to surf and shop
while you watch, sophisticated gaming and streaming movie options, and
more. These advanced features are driving sales for broadband
television; according to a new DisplaySearch study, more than 500
million Internet-connected TVs will be shipped worldwide by 2015.
Other key findings of the report include:
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Exclusive Sneak Peek: FCC Technology Experience Center and #SeeTheSpectrum, FCC
Broadband is no longer a luxury. It's an essential platform for new
products, economic growth and job-creating opportunities and opening
markets that allow businesses to start, grow and hire.
More Info:

FCC Ready to Share Donated Toys, CommLawBlog
"Technology Experience Center" to give FCC personnel and select
visitors hands-on experience with the latest in communications
More Info:

U.S. Senator seeks Murdoch investigation, CNET
Senator Jay Rockefeller wants investigation into allegations that
victims of September 11 attacks were targeted by Murdoch paper with
phone hacking.
More Info:

FBI investigating News Corp. over 9/11 claims, CNET
The agency says it is looking into allegations that News Corp.
employees tried to illegally access voice mails of victims of the
terrorist attacks.
More Info:

FTC Testifies on Protecting Consumers' Privacy, FTC
The Federal Trade Commission today told Congress that protecting
consumers' privacy – through law enforcement, education and policy
initiatives – is a top priority at the agency.
More Info:

NTIA Testimony on Internet Privacy, NTIA
Testimony of Lawrence E. Strickling, Assistant Secretary for
Communications and Information, on Internet Privacy: The Views of the
FTC, the FCC, and NTIA, before the Subcommittee on Commerce,
Manufacturing, and Trade and Subcommittee on Communications and
Technology, Committee on Energy and Commerce, United States House of
More Info:

Subcommittees Launch Comprehensive Review of Internet Privacy, House Commerce
No description
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Google+ officially tops 10 million users, CNET
Google's new foray into social networking is officially a hit. The
company has announced that it had officially surpassed 10 million
More Info:

Pentagon declares cyberspace a new warfare domain, Globe and Mail
Defence Department issues new rules for waging war in cyberspace and
defends its own computers
More Info:

U.S. military wants to 'protect' key civilian networks, CNET
Deputy defense secretary tries to downplay concerns that the Defense
Department and the National Security Agency's cyberspace plans are
overly aggressive and may not protect civil liberties.
More Info:

Pentagon hit by huge cyber attack, BBC
The Pentagon reveals its computers suffered a massive assault in March
by a foreign government, as it unveils a new cyberwarfare strategy.
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Critics: U.S. cybersecurity plan has holes, few new items, CW
The new Strategy for Operating in Cyberspace issued by the Department
of Defense on Thursday covers a collection of topics that have been
discussed for years and leaves a number of important unanswered
questions, critics said.
More Info:

Time Spent Investigating Intrusion Counts Towards $5000 CFAA Damages
Threshold, Cybertelecom
May 10, 2011 PROCEDURE: Defendant Motion for Summary Judgment on
Grounds Plaintiff Has Failed to Meet $5000 Damage Threshold Required
by Computer Fraud and Abuse Act (CFAA) RULE: "The CFAA prohibits,
inter alia, any person from "intentionally accessing] a computer
without authorization or exceeding] authorized access,
More Info:

Hackers Gained Access to Sensitive Military Files, NYT
As the Pentagon announced a new cyberspace strategy, it disclosed a
serious digital attack in March.
More Info:

ISPs Being Asked To Record Data, Daily Dashboard
In nations on both sides of the Atlantic, Internet service providers
(ISPs) may be required to record customer information to assist in
investigations. CNET News reports on U.S. law enforcement
representatives' endorsement of a proposed federal law, scheduled for
a hearing
More Info:

Resistance to ISP Data Retention Proposal, Daily Dashboard
A leading privacy advocate and a congressman have criticized the
proposed federal law that would require Internet service providers to
retain customer information for 18 months in order to assist in
investigations. Marc Rotenberg, executive director of the Electronic
Privacy Information
More Info:

New FTC Video Helps Businesses Comply with CAN-SPAM Rule, FTC
Say "spam" and most business executives think of annoying e-mail
messages, like the ones that hold out a phony offer to split $50
million that's sitting in a foreign bank. Of course, this type of
message is covered by the Federal Trade Commission's CAN-SPAM Rule,
which is designed to protect consumers from deceptive commercial
More Info:

FCC Strengthens Enhanced 911 Location Accuracy Requirements For
Wireless Services. Seeks Comment on Improved 911 Availability and E911
Location Determination For VoIP. by 3RD R&O AND 2ND FNPRM. (Dkt No.
05-196 07-114 11-117 ). Action by: the Commission. Adopted: 07/12/2011
by NPRM. (FCC No. 11-107). PSHSB
More Info:

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Thursday, July 14, 2011

FCC :: RFC :: Amending Definition of Interconnected VoIP :: Comments Due TBA Fed Reg

1.                  In this Third Report and Order, Second Further Notice of Proposed Rulemaking, and Notice of Proposed Rulemaking, we enhance the public’s ability to contact emergency services personnel during times of crisis and enable public safety personnel to obtain accurate information regarding the location of the caller.  In the Report and Order, we continue to strengthen our existing Enhanced 911 (E911) location accuracy regime for wireless carriers by retaining the existing handset-based and network-based location accuracy standards and the eight-year implementation period established in our September 2010 E911 Location Accuracy Second Report and Order but providing for phasing out the network-based standard over time.  We also require new Commercial Mobile Radio Service (CMRS) networks to comply with the handset-based location criteria, regardless of the location technology they actually use.  In addition, we will require wireless carriers to periodically test their outdoor E911 location accuracy results and to share the results with Public Safety Answering Points (PSAPs), state 911 offices, and the Commission, subject to confidentiality safeguards. 
2.                  In the Second Further Notice of Proposed Rulemaking, we propose measures to improve911 availability and location determination for users of interconnected Voiceover Internet Protocol (VoIP) services.  First, we consider whether to apply our 911 rules to “outbound-only” interconnected VoIP services, i.e., services that support outbound calls to the public switched telephone network (PSTN) but not inbound voice calling from the PSTN.  These services, which allow consumers to place IP-based outbound calls to any telephone number, have grown increasingly popular in recent years. We ask whether such services are likely to generate consumer expectations that they will support 911 calling and consider whether to extend to outbound-only interconnected VoIP service providers the same 911 requirements that have applied to other interconnected VoIP service providers since 2005.
3.                  We also seek comment on whether we should develop a framework for ensuring that all covered VoIP service providers can provide automatic location information (ALI) for VoIP 911 calls.  Currently, interconnected VoIP customers must provide their location information manually by registering the physical location of their phones with their VoIP service providers.  While there are benefits to this Registered Location approach, in light of the increasing popularity of VoIP calling, the enhanced mobility of VoIP devices, and the evolution of consumer expectations, we consider how we might continue working towards automatic location solutions for VoIP calls to 911.  We do not propose specific automatic location accuracy requirements for VoIP at this time but instead seek comment on whether we should adopt general governing principles for the development of automatic location identification solutions.  To ensure that ALI can be generated and transmitted in the most technologically efficient and cost-effective manner, we anticipate that some of these solutions will require participation by both “over the top” VoIP service providers that offer service directly to customers and broadband providers that provide underlying network connectivity for VoIP calls.  General governing principles might apply to both types of providers but could also afford flexibility to VoIP service providers and broadband providers to develop alternative solutions appropriate to specific VoIP 911 scenarios.
  4. We seek comment on an array of issues associated with extending 911 calling and location accuracy requirements to broadband-based voice services other than interconnected and outbound-only interconnected VoIP services.  We request comment on whether we should seek to support 911 location determination through leveraging of location technologies that are already being developed for commercial broadband applications.  We also seek comment on the possibility of developing operational benchmarks based on location accuracy performance to enhance consumer decision-making with respect to device capabilities.  In addition, we seek comment on technological approaches to improve location accuracy for 911 communications originating from indoor environments.  Finally, in the Notice of Proposed Rulemaking, we seek comment on whether our proposal to amend the definition of interconnected VoIP service for 911 purposes has any impact on our interpretation of certain statutes that reference the FCC’s existing definition of interconnected VoIP service.

AMENDING THE DEFINITION OF INTERCONNECTED VOIP SERVICE IN SECTION 9.3 OF THE COMMISSION'S RULES; WIRELESS E911 LOCATION ACCURACY REQUIREMENTS; E911 REQUIREMENTS FOR IP-ENABLED SERVICE PROVIDERS. FCC Strengthens Enhanced 911 Location Accuracy Requirements For Wireless Services. Seeks Comment on Improved 911 Availability and E911 Location Determination For VoIP. by 3RD R&O AND 2ND FNPRM. (Dkt No. 05-196 07-114 11-117 ). Action by: the Commission. Adopted: 07/12/2011 by NPRM. (FCC No. 11-107). PSHSB   FCC-11-107A1.doc  FCC-11-107A2.doc  FCC-11-107A3.doc  FCC-11-107A4.doc  FCC-11-107A5.doc  FCC-11-107A1.pdf  FCC-11-107A2.pdf  FCC-11-107A3.pdf  FCC-11-107A4.pdf  FCC-11-107A5.pdf  FCC-11-107A1.txt  FCC-11-107A2.txt  FCC-11-107A3.txt  FCC-11-107A4.txt  FCC-11-107A5.txt