Friday, September 30, 2011

9.30 :: First Outta the Gate :: 26c Emails Delivered by USPS in Only 2 Days!!! :: You Dont Know Me, Son, So Let Me Explain This To You Once :: So Vulnerable ::

CyberTelecom News
Federal Internet Law and Policy
The only man I know who behaves sensibly is my tailor; he takes my
measurements anew each time he sees me. The rest go on with their old
measurements and expect me to fit them. ~George Bernard Shaw

LightSquared, FCC face criticism from Republican lawmakers, WAPO
The Federal Communications Commission's initial approval of a troubled
satellite venture came under fresh criticism Thursday as a key
Republican lawmaker questioned whether the agency's actions could lead
to billions of dollars in costs for taxpayers.

LightSquared to defend project in open letter in newspapers, CW
LightSquared said late Sunday that it planned to run the next day in
major newspapers in the U.S. an open letter explaining its position
over the controversy surrounding its LTE (long-term evolution)
network, particularly concerns about its interference with GPS (global
positioning system).

An Innovation-Centric Approach of Telecommunications Infrastructure
Regulation by Konstantinos K. Stylianou, 16 Va. J.L. & Tech. 221
This paper considers the mechanics and role of innovation in
telecommunications networks and explains how regulation can be
designed to maximize innovation. Several reasons are presented for why
the fast-changing, networked, and technical nature of
telecommunications offers a favorable environment for innovation to
thrive, ...

The Unintended Consequences of Cyberbullying Rhetoric, apophenia
We all know that teen bullying - both online and offline - has
devastating consequences. Jamey Rodemeyer's suicide is a tragedy. He
was tormented for being gay. He knew he was being bullied and he
regularly talked about the

University Police & Administration Freak Out Over Nathan Fillion
Firefly Poster; Censor, Threaten Professor, Techdirt
we come across yet another case of idiotic censorship by law
enforcement who appear to have little understanding of the law. It
involves a professor, James Miller, from the University of
Wisconsin-Stout, who had the temerity to put up a picture of actor
Nathan Fillion on his door, with the text of one of his lines from the
show Firefly:

Federal court ruling provides a victory for grassroots journalism, OJR
Last month, a federal court ruled that recording public officials,
including police officers, is protected by the First Amendment. This
decision, which may outrage law enforcement officials and members of
Congress, is one of the first federal court decisions that brings the
First Amendment into the Internet age.

Stock Trading Message Board Protected by 47 USC 230--Deer Consumer
Products v. Little, Tech & Marketing Law Blog
Deer Consumer Products v. Little, Index No. 650823/11 (NY Sup. Ct.
Aug. 31, 2011) SeekingAlpha is a...

Why FCC Net Neutrality Regs Are So Vulnerable, Forbes
Now that the FCC's net neutrality regulations have been published, and
are now able to be appealed in court and formally opposed in a vote in
the U.S. Senate, they are highly vulnerable to being overturned
because net neutrality in almost every dimension is a fiction unable
to withstand scrutiny.

Free Press Files Suit to Protect Openness on the Wireless Web, Save the Internet
On Wednesday afternoon Free Press filed a legal challenge to the Open
Internet rules recently published by the Federal Communications

Free Press files lawsuit challenging FCC's Open Internet Rules, Muni
Free Press filed today in the First Circuit Court of Appeals in Boston
a petition for review of the Federal Communications Commission's
December 2010 Open Internet order. The Federal Register published the
new rules last week, opening the window for such lawsuits. Free Press,
headquartered in Western Massachusetts, will challenge the arbitrary
nature of rule provisions that provide less protection for mobile

Federal Register Publication Marks Beginning of Net Neutrality
Litigation, Telecom Law Monitor
One long march is finally over, another one begins. After OMB
approval of the rules was announced earlier this week, today, the FCC
published the Net Neutrality Order in the Federal Register. The 44
page summary is available here. With this notice today, the next
stage in the net neutrality saga finally begins.

Opening Session Remarks of Assistant Secretary Strickling at the
Internet Governance Forum, NTIA
Thank you, Alice, and I want to especially thank the Kenyan government
for hosting this important conference.

Working Together to Improve the Internet - BITAG Starts to Make Good
on Its Promise, Verizon
Every time a device connects to the Internet, it gets its own unique
"Internet Protocol" address. The current system, IPv4, has been around
since the early 1980s, and provides for about 4.3 billion addresses.
By the early 1990s, however, it became clear that the available
addresses would someday be depleted, and so a new

Full Tilt Poker Loses License, WSJ
Full Tilt Poker, the online poker site accused of being a giant Ponzi
scheme by a U.S. federal prosecutor, has had its gambling license
revoked by a regulator in the U.K.'s Channel Islands.

OnStar Drops Plan To Monitor Non-Subscribers, Techdirt
Given the widespread public backlash over OnStar's plan to keep
tracking people after they'd canceled their service -- and to
potentially sell aggregate info to advertisers -- it appears that
OnStar did what many people expected and backed away from the plan. It
may have helped that

Earthlink Joins ISPs Snooping User Search Traffic - Use of 'Middle
Man' Search Sniffing Technology Spreading, DSLReports
For years ISPs have been using DNS redirection, or redirecting users
who visit misspelled or nonexistent domains to ISP run ad-laden search
portals. The technology is a significant money maker for ISPs,
estimated to bring them at least an additional $5 per user, per month.
Recently however, DNS redirection companies like Paxfire have been
taking things one step further, injecting themselves in between the
traditional user

Google+ Hits Huge Growth Spurt, Forbes
Google+ experienced a huge growth spurt after the social network
opened to the public, indicating it may soon bypass more established
social networks, including LinkedIn and Twitter.

The Role of Internet Intermediaries in Advancing Public Policy Objectives, OECD
This book presents a comprehensive view of Internet intermediaries,
their economic and social function, development and prospects,
benefits and costs, and roles and responsibilities.,3355,en_2649_34223_1_1_1_1_1,00.html?rssChId=34223#48794855

Anti-Counterfeiting Trade Agreement (ACTA) to be signed this weekend -
unconstitutional?, Yale ISP
Strong arguments have been emerging that the Anti-Counterfeiting Trade
Agreement (ACTA), to be signed this weekend by the US, may be
unconstitutional as a Sole Executive Agreement. ISP Student Fellow
Adam Hockensmith has been working on a paper to this effect. The
issue has also been covered in the below:

Government Violates Free Speech Rights with Domain Name Seizure, EFF
The Electronic Frontier Foundation (EFF) urged a federal appeals court
in an amicus brief today to order the return of two domain names
seized by the U.S. government in violation of the First Amendment.

CDT, EFF, Public Knowledge File Brief in Domain Name Seizure Case, CDT
Spanish website Rojadirecta has appealed the early August court
decision refusing to order the prompt return of domain names seized
from Rojadirecta in February. On Friday, CDT joined EFF and Public
Knowledge in an amicus brief telling the appeals court that the
seizure of domain names constitutes a prior restraint and demands
careful First Amendment scrutiny--something entirely absent from the

4.9 Million Records Lost, Daily Dashboard
Three healthcare providers have suffered recent data breaches. A
Pentagon contractor's website alerts of a data breach affecting as
many as 4.9 million patients, San Antonio Express reports. Science
Applications International says the lost information--stored on backup
computer tapes from electronic health records--included Social
Security numbers, addresses, phone numbers and other private health
information of

DOJ Document Shows How Long Telcos Hold Onto Your Data, Techdirt
With the Justice Department believing that it can get all sorts of
data from telcos without any oversight or without a warrant, it seems
rather important to know what kind of info your mobile operator is
keeping -- and for how long. The ACLU, via a Freedom of Information
Act request,

Privacy advocates ask FTC to investigate Facebook, WAPO
The Electronic Privacy Information Center (EPIC) and 10 other privacy
and civil rights advocacy groups have asked the Federal Trade
Commission to "investigate the extent of the harm to consumer privacy
and safety" in the company's use of cookies and its proposed changes
to its site.

A Dynamic Approach to Federal Cybersecurity, White House
At the 2010 RSA Conference, I issued a rallying call for the
cybersecurity community to collectively evolve from previous static,
compliance-based metrics programs to a more dynamic approach that
utilizes continuous monitoring. Since then, we've seen the public and
private sector respond with innovative approaches to this challenge.

Guy Arrested, Threatened With 15 Years For Recording Traffic Stop In
Illinois, Techdirt
With Illinois planning to appeal the Michael Allison case, in which
the state wants to put Allison in jail for 75 years because he
recorded an interaction with the police, it's worth pointing out that
this is not the only such case in Illinois. A few people have sent
over this ABC report about

What the Cops Can't Do, Internet Service Providers Can by Steven R.
Morrison, 16 Va. J.L. & Tech. 253 (2011)
Legal rules have emerged that limit the State"s right to search the
contents of emails as they exist on Internet Service Providers"
networks. Much attention has been paid to these rules, and they will
continue to develop. What the State can"t do, however, Internet ...

US Postal Service Versus Email: The Historic Grudge Match of the Ages,
Mr. Peabody, let's turn to the Wayback Machine and travel to the far
and weird past: The time is 1977. The country is in a tailspin.
Saturday Night Live is singing carols about killing Gary Gilmore for
Christmas . President Carter takes

Website ::
Blog ::
Delicious ::
Twitter & Facebook :: Cybertelecom
Google Group :: cybertelecom-l

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

Link to us!

US Postal Service Versus Email: The Historic Grudge Match of the Ages

So apparently rumor has it that the USPS' new marketing strategy is to waste money on a bunch of ads trying to convince America that email is unsafe.  Hum.  Mr. Peabody, let's turn to the Wayback Machine and travel to the far and weird past:

The time is 1977. The country is in a tailspin. Saturday Night Live is singing carols about killing Gary Gilmore for Christmas . President Carter takes the Oval Office, and pardons Vietnam War draft evaders . The Clash releases their debut album. And the USPS is scared.

The USPS has learned about this thing called electronic mail and electronic transactions. It occurs to the USPS that if everyone were to use these electronic thingies, First Class mail would get wiped out and so would all that revenue. After some careful strategic planning, the USPS launched an attack on email with a classic pincer movement: on the left flank, the USPS initiated its own email service known as E-COM ; on the rank flank, the USPS considered banning all private email service.

E-COM was a simple concept. The USPS would set up a network where a message would originate electronically. It would then be sent to one of a handful of participating postal offices that had terminals, where it would be printed out. The hard copy of the message would then be delivered to its destination - essentially in the same manner and with the same speed as first class mail. USPS launched this service in 1981.

Before E-COM could get off the ground, however, it was mired in controversy. The US Postal Commission, the Department of Justice, private companies, and even the FCC, objected. The first objection was that it was against government policy for a government agency to compete with the private sector. Private commercial email services were nascent and promising, and did not think much of a government monopoly using its government bankrole to pay for a competing email service. The FCC made a particularly interesting objection. The FCC said, "we have jurisdiction over all wireline and wireless services. That jurisdiction has been interpreted broadly. And there is no dispute that the transmission of a message over a communications network is communications, under the Communications Act, and under our jurisdiction." "Not only that," the FCC was heard to say, "but its common carriage." The FCC stated:
With respect to the relevant judicial decisions defining the nature of common carriage, we note that none of the parties to this proceeding appears to dispute that ECOM service would constitute a common carrier offering if it were to be provided by an entity other than the Postal Service. We also conclude independently that ECOM is a quasi-public offering of a for-profit service which affords the public an opportunity to transmit messages of its own design and choosing. Based on those judicially defined criteria, we find that, in offering ECOM, the Postal Service is engaging in a common carrier activity.
In re Request for declaratory ruling and investigation by Graphnet Systems, Inc., concerning the proposed E-COM service, FCC Docket No. 79-6 (Sept 4, 1979).

In other words, before E-COM could get launched, the FCC said, "if you are going to do this, then you are under our jurisdiction, and you are going to have to file a tariff for the offering of your common carriage service" (The FCC doesnt say that email is common carriage any more).

Well, the USPS would not accept "no" for an answer, tinkered with its network in order to weasel out of FCC jurisdiction, and launched E-COM in 1981. A message was priced at 26¢ - and for each email message, the USPS was said to lose around $5. They had apparently estimated that the service would be a raging success; it was not and, with the low message volume, the cost per message was rather high. And by the way, if you used the service you had to send at minimum 200 messages. The service was one directional; if you got an error message, you would receive it in the mail two days later. When the E-COM messages were printed out, it would take two days more to be delivered. And it cost the same as First Class mail.

For some reason, E-COM was a failure (one Senator called it a turkey). Three years after service was initiated, USPS terminated the service and tried to sell it off.

Thursday, September 22, 2011

9.22 :: Agrees to Pay :: Plenty of Grief :: Problem Solved :: Decrying the Govt's Assertions :: Puzzling :: Better Not Look at Your Cell Phone ::

CyberTelecom News
Federal Internet Law and Policy
There is no honorable way to kill, no gentle way to destroy. There is
nothing good in war. Except its ending. ~Abraham Lincoln

LightSquared announces GPS interference fix, agrees to pay for
government retrofits, FierceWireless
LightSquared declared it has come up with a simple, affordable
solution to the high-precision GPS interference problems posed by its
planned wholesale LTE network--and it's willing to foot the bill to
retrofit certain government GPS devices.

White House: We Gave Lightsquared Plenty Of Grief Over GPS, TPM
The White House is pushing back against charges of favoritism towards
a telecom firm Lightsquared, citing numerous instances in which
administration officials have raised concerns about its plan to create
a new wireless broadband network.

LightSquared solves GPS interference with new device, CNET
LightSquared says a new product developed in partnership with GPS
manufacturer Javad GNSS and due out in November will eliminate
interference problems with high-precision GPS devices.

LightSquared says GPS fix will cost $50-$300, CW
Satellite-4G carrier LightSquared said Wednesday that gear to prevent
interference between its network and precision GPS gear will cost $50
to $300 per device and it is in talks with the U.S. government about
covering the cost of upgrading or replacing all federally-owned

Oversight Committee reviewing information on LightSquared, WAPO
The House Oversight and Government Reform Committee confirmed it is
looking into information related to LightSquared, the satellite-based
mobile broadband network. The panel is reviewing material brought to
its attention, said Frederick Hill, a spokesman for committee chairman
Rep. Darrell Issa (R-Calif.).

The National Broadband Map Gets an Update, NTIA
Earlier this year, we launched a ground-breaking interactive online
map that shows what high-speed Internet services are available across
the country. Like the spread of railroads and electrification spurred
new economic opportunities during America's past, broadband is
supporting new economic

FCC Chairman Joins D.C. School Superintendent for Internet Essentials
Launch in Washington, Comcast
This morning at Ballou Senior High School in the Anacostia
neighborhood of Washington, D.C., I had the privilege of joining FCC
Chairman Julius Genachowski and D.C. Public Schools Chancellor Kaya
Henderson and local and national community leaders to officially
launch Internet Essentials in the city.

Kowalski v. Koster, WD Missouri 2011
Where Pltf claims Defendant, a public official, threatened to shut
down Pltf's website which contains content added by third parties
about public officials sexual orientations. Pltf brought claim for
delaratory releif that Deft had violated the Communications Decency
Act. This claim is dismissed; the CDA immunizes Internet service
providers and does not create any cause of action under 42 U.S.C. §

OMB: Thumbs Up for Net Neutrality Provisions, CommLawBlog
The net neutrality rules have cruised past another hurdle: the Office
of Management and Budget (OMB) has approved the two "information
collection" aspects of the "open

Typosquatting Continues to Pose Dangers to Enterprises, Consumers, CircleID
While typosquatting is not a new phenomenon, recent research
highlights that it is being used to collect sensitive corporate
information from employees and lure consumers to interact with dubious

Poker Site Fires Back at U.S., WSJ
Attorneys for Full Tilt Poker fired back at the U.S. Justice
Department's civil case against the poker website, decrying the
government's assertion that their company ran a massive "Ponzi

Ponzi Schemes and Federal Indictments: The Need for Comprehensive
Online Poker Reform, JOLT Blog
While millions of online gamblers in the United States continue to
defy the law, the federal government is holding all the cards. This
fact was clearly illustrated in April when the Department of Justice
filed an indictment against the founders of two of the world's largest
online poker companies, Full Tilt Poker and

U.S. calls online poker site a 'global Ponzi scheme', Globe
Prosecutors allege that Full Tilt Poker co-owners siphoned off player
cash for themselves and to cover company expenses

AT&T, DOJ headed for February trial over T-Mobile USA buy, FierceWireless
There was no settlement following yesterday's court date that came
about because of the Justice Department's challenge of AT&T's (NYSE:T)
proposed $39 billion acquisition of T-Mobile USA

Puzzling over big wireless carrier mergers: An Editorial, Virulent Word of Mouse
Let's talk about AT&T proposal to merge with T-Mobile. Why do the
parties involved still consider this merger viable?

Comcast Highlights $10 Broadband in DC - Hopes Nobody Notices Few
People Can Get It, DSLReports
One of the few conditions faced by Comcast when they acquired NBC
Universal was that the company had to offer $10 broadband to any
household making less than $24,000 a year -- for three years. It was
actually a condition Comcast volunteered, and it's giving them a lot
of PR mileage as the company

Testifying before the U.S. Senate on competition, Google
This afternoon at 2 PM E.T., Eric Schmidt will testify before the U.S.
Senate to talk about Google's approach to competition. He will deliver
a simple message: we welcome competition. It makes us better. It makes
our competitors better. Most importantly, it means better products for
our users.

Mimes aren't silent in Capitol Hill attack on Google, CNET
Consumer Watchdog dispatches a group of mimes to playfully spy on
government workers to illustrate what they say is Google's antiprivacy

Google Chairman Testifies Before Antitrust Panel, NPR
Google is in the spotlight Wednesday. It's defending itself against
allegations that it's acting like a monopoly. Google's chairman, Eric
Schmidt, testified in front of a Senate subcommittee. For more,
Melissa Block talks to NPR's Yuki Noguchi.

"Google rigs its results," say critics at Senate antitrust hearing, Ars Technica
"Google abandoned these core principles [of fair play] when they
started interfering with profits and profit growth," said Nextag CEO
Jeff Katz today before a Senate antitrust hearing on the search giant.
"Today, Google doesn't play fair. Google rigs its results, biasing in
favor of Google Shopping and

Righthaven's Copyright Trolling is a Bankrupt Idea, Citizens Media Law Project
It's been several months since we last checked up on Righthaven. How
is everybody's favorite copyright troll doing?

1st Circuit Reinstates $675,000 File-Sharing Award Against Tenenbaum
-- Sony BMG v. Tenenbaum, Tech & Marketing Law Blog
Sony BMG Music Entertainment v. Tenenbaum, 2011 WL 4133920 (1st Cir.
Sept. 16, 2011) [pdf] Sony's...

U.S. Cloud Providers Banned Pending Law Revision, Daily Dashboard
The Dutch government has announced it will ban U.S. cloud service
providers from government contracts due to compliance concerns
surrounding the U.S. Patriot Act, reports ZDNet. The Dutch government
says this is a temporary measure until the European Commission changes
data protection

Commonwealth v. Koch, PA Super 2011
Text message found on cell phone inadmissible as evidence where the
the text message and its author were not authenticated

'Person of Interest': Cell phones spying on you, CNET
If you think video cameras are the big threat to you privacy, better
not look at your cell phone

COPPA: What happens when a generation ignores a law?, OJR
The United States Federal Trade Commission is seeking public comment
on amendments to its rule implementing the Children's Online Privacy
Protection Act [COPPA]. While, as a website publisher and

EFF To Appeals Court: Border Is Not An "Anything Goes" Zone, EFF
EFF has long been committed to helping international travelers protect
their electronic devices and digital data at the U.S. border. We're
continuing to push for some legal limits on the government's sweeping
authority to search electronic devices at the border with an amicus
brief we recently filed

Citizen Recording Of Police Proves Officer Lied About Arrest, Techdirt alerts us to an LA Times article covering a recent trial in
which a private citizen's cellphone video proved officers lied about
an arrest, resulting in the acquittal of a young man accused of
carrying a concealed firearm.

FTC Announces New and Improved OnGuardOnline Website, FTC
Want to know more about Internet safety and security? Visit the new
and improved for practical tips and resources on how
to be safe, secure and responsible online.

Denied Motion to Dismiss for failure to state a claim for which relief
can be granted (1) Can Spam Act claim, (2) Computer Fraud and Abuse
Act Claim and (3) Fraud. MaxBounty is an advertising and marketing
company that uses a network of publishers to drive traffic to its
customers' websites. Facebook alleges that MaxBounty engaged and
continues to engage in impermissible advertising and commercial
activity on

Website ::
Blog ::
Delicious ::
Twitter & Facebook :: Cybertelecom
Google Group :: cybertelecom-l

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

Link to us!

Tuesday, September 20, 2011

9.20 :: Everyone Loses :: Unsurprising but Nonetheless Heartening :: Vast Wasteland :: We're Sorry ::

CyberTelecom News
Federal Internet Law and Policy
"What disturbs people's minds is not events but their judgments on
events" Epictetus, (c.55 – c.135 C.E.)

When politics and tech collide, everyone loses, Gigaom
The political drama around the Obama administration's efforts to bring
a competitive wireless broadband alternative to the nation are roiled
in both technical and now a political debate. The drama centers around
LightSquared, which is trying to build a wholesale satellite and
terrestrial 4G network, but has run into problems because the spectrum
it uses can interfere with GPS signals.

Testimony of Karl Nebbia at Hearing on Sustaining GPS for National
Security, NTIA
Chairman Turner, Ranking Member Sanchez, and members of the
subcommittee, thank you for the opportunity to testify today on behalf
of the National Telecommunications and Information Administration
(NTIA). NTIA, an agency within the Department of Commerce, is the

Kids, Parents & Online Safety, Forbes
That's the unsurprising but nonetheless heartening finding from a new
survey of parental attitudes about online child safety and parental
control technologies. The July survey, which was conducted by Hart

CRTC Tells Rogers To Stop Slowing Down Speeds of Online Games, Geist
The CRTC has written to Rogers giving just over a week to address
ongoing concerns that its throttling practices are slowing down online
gaming in violation of the Commission's Internet traffic management
practices. The Commission plans to release new guidance on these
complaints this week.

Hold the Line: One-Third of US Prefers Texts to Calls, Pew
One-third of Americans who use text messaging to communicate said they
prefer a text to a phone call when someone is trying to reach them, a
new study suggests.

Pakistan Court Temporarily Blocks Facebook on the Grounds That It
"Spread[s] Religious Hatred", Volokh Conspiracy
So reports Pakistan Today:

Recapping "A Vast Wasteland", Berkman Center
Last week, the Berkman Center for Internet & Society, the Dean's
Office at Harvard Law School, and the Nieman Foundation for Journalism
co-hosted a special event with former chairman of the FCC Newton N.
Minow. At the event, he reflected on his landmark speech to the
National Association of Broadcasters on "Television and the Public
Interest," in which he described television programming as a "vast
wasteland" and

Netflix: We're Sorry About The Huge Price Increase, So, Uh...
Qwikster!, Techdirt
Reed Hastings is very sad. I know, because today I got a very somber
email from the Netflix Co-Founder and CEO (also posted here). He's sad
about the very negative reaction of Netflix subscribers to the recent
fee increase. He's also sad about something called "Qwikster" and red

Netflix continues to receive market beat down, CNET
Don't look now, Netflix investors, but the stock is getting a
drubbing--again--following the Reed Hastings' apology and the services

Technology and Innovation Subcommittee Hearing - Cloud Computing,
House Committee Sci and Tech
The Next IT Revolution?: Cloud Computing Opportunities and Challenges

The problem of 'personal data' in cloud computing: what information is
regulated?—the cloud of unknowing, Intl Data Privacy Law
Cloud computing service providers, even those based outside Europe,
may become subject to the EU Data Protection Directive's extensive and
complex regime purely through their customers' choices, of which they
may have no knowledge or control.

Privacy Risk Found on Cellphone Games, WSJ
Major cellphone game networks have been handling the unique ID numbers
on smartphones in insecure ways – in some cases even allowing access
by a potential cybercriminal to a user's Facebook and Twitter accounts
– new research suggests.

Why the Apple UDID had to die, cortesi
A UDID is a "Unique Device Identifier" - you can think of it as a
serial number burned permanently into every iPhone, iPad and iPod
Touch. Any installed app can access the UDID without requiring the
user's knowledge or consent. We know that UDIDs are very widely used

Internet privacy: Cookies as a weapon, CW
In November 2009 the European Parliament approved a directive on
Internet privacy that, among other things, required user opt-in before
websites could install cookies on the user's computer.

FTC Rightly Keeps COPPA Focused On Children, CDT
Last Thursday, the Federal Trade Commission released its long-awaited
report on the rule implementing the Children's Online Privacy
Protection Act. COPPA is the federal law that requires operators of
websites or online services directed to children to obtain verified
parental consent before collecting personal information from children
under 13 years of age.The Act is administered by the FTC via the COPPA

Joshua Levy, Towards a Brighter Fourth Amendment: Privacy
and Technological Change, NYU School Law
On November 13, 2010, John Tyner tried to fly from San Diego
International Airport to South Dakota. Before he could board his
flight, Transportation Security Administration (TSA)
screeners instructed him to undergo a full body scan that renders
naked, albeit grainy, images of passengers.

Spam text message complaints rise, BBC
The number of complaints about spam text messages has almost doubled
over the past five months.

Website ::
Blog ::
Delicious ::
Twitter & Facebook :: Cybertelecom
Google Group :: cybertelecom-l

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

Link to us!

Monday, September 19, 2011

FTC Seeks Comments on Revised COPPA Rules

We've never really agreed to much Internet privacy legislation... except in one area.  That involves children.  One of the oldest laws related to the Internet is the Child Online Privacy Protection Act (COPPA), passed in the late 1990s when ecommerce sites would let kids win stuff on their websites.  Play a game on the site; win a few points.  Tell the site your mom and dad's name, address, and salary - and win 100 points. 

COPPA has been the guiding privacy regulations for children's sites for over a decade, and now the Federal Trade Commission is in the process of updating its COPPA rules.  Public comments are due by Nov. 28.
FTC Seeks Comment on Proposed Revisions to Children’s Online Privacy Protection Rule
Changes in Technology Drive Proposed Updates

The Federal Trade Commission is seeking public comment on proposed amendments to the Children’s Online Privacy Protection Rule, which gives parents control over what personal information websites may collect from children under 13. The FTC proposes these amendments to ensure that the Rule continues to protect children’s privacy, as mandated by Congress, as online technologies evolve. The Commission proposes modifications to the Rule in five areas: definitions, including the definitions of “personal information” and “collection,” parental notice, parental consent mechanisms, confidentiality and security of children’s personal information, and the role of self-regulatory “safe harbor” programs.
“In this era of rapid technological change, kids are often tech savvy but judgment poor. We want to ensure that the COPPA Rule is effective in helping parents protect their children online, without unnecessarily burdening online businesses,” said FTC Chairman Jon Leibowitz. “We look forward to the continuing thoughtful input from industry, children’s advocates, and other stakeholders as we work to update the Rule.”
The Children’s Online Privacy Protection Act (COPPA) requires that operators of websites or online services directed to children under 13, or those that have actual knowledge that they are collecting personal information from children under 13, obtain verifiable consent from parents before collecting, using, or disclosing such information from children. The FTC’s Rule implementing the COPPA statute became effective in 2000.
The FTC previously reviewed the COPPA Rule in 2005 and retained it without change. In light of rapidly evolving technology and changes in the way children use and access the Internet, in 2010 the FTC initiated another review of the Rule on an accelerated schedule. On April 5, 2010, the FTC sought public comment on every aspect of the COPPA Rule, posing numerous questions for the public’s consideration. In addition, the FTC held a public roundtable and reviewed 70 comments received from industry representatives, advocacy groups, academics, technologists, and individual members of the public.
A brief summary of some of the major changes is below.
The COPPA Rule requires covered operators to obtain parental consent before collecting personal information from children. The FTC proposes updating the definition of “personal information” to include geolocation information and certain types of persistent identifiers used for functions other than the website’s internal operations, such as tracking cookies used for behavioral advertising. In addition, the Commission proposes modifying the definition of “collection” so operators may allow children to participate in interactive communities, without parental consent, so long as the operators take reasonable measures to delete all or virtually all children’s personal information before it is made public.
Parental Notice
The proposed amendments also seek to streamline and clarify the direct notice that operators must give parents prior to collecting children’s personal information. The proposed revisions are intended to ensure that key information will be presented to parents in a succinct “just-in-time” notice, and not just in a privacy policy.
Parental Consent Mechanisms
The FTC also proposes adding new methods to obtain verifiable parental consent, including electronic scans of signed parental consent forms, video-conferencing, and use of government-issued identification checked against a database, provided that the parent’s ID is deleted promptly after verification is done. These supplement the nonexclusive list of methods already set forth in the Rule.
The FTC proposes eliminating the less-reliable method of parental consent, known as “e-mail plus,” which is available to operators that collect personal information only for internal use. This method currently allows operators to obtain consent through an email to the parent, coupled with another step, such as sending a delayed email confirmation to the parent after receiving consent.
To encourage the development of new consent methods, the Commission proposes establishing a voluntary 180-day notice and comment process whereby parties may seek Commission approval of a particular consent mechanism. In addition, the Commission proposes permitting operators participating in a Commission approved safe-harbor program to use a method permitted by that program.
Confidentiality and Security Requirements
To better protect children’s personal information, the Commission proposes strengthening the Rule’s current confidentiality and security requirements. Specifically, the Commission proposes adding a requirement that operators ensure that any service providers or third-parties to whom they disclose a child’s personal information have in place reasonable procedures to protect it, that operators retain the information for only as long as is reasonably necessary, and that they properly delete that information by taking reasonable measures to protect against unauthorized access to, or use in connection with, its disposal.
Safe Harbor
Finally, the FTC proposes to strengthen its oversight of self-regulatory “safe harbor programs” by requiring them to audit their members at least annually and report periodically to the Commission the results of those audits.
The Commission vote to issue the Federal Register notice was 5-0.
Written comments must be received on or before November 28, 2011.
Write “COPPA Rule Review, 16 CFR Part 312, Project No. P-104503” on comments, and file your comment online at by following the instructions on the web-based form. To file comments on paper, mail or deliver comments to: Federal Trade Commission, Office of the Secretary, Room H-113 (Annex E) 600 Pennsylvania Avenue, N.W., Washington, DC 20580.
. . . . .
Claudia Bourne Farrell,
Office of Public Affairs
Phyllis Marcus,
Bureau of Consumer Protection

Mamie Kresses,
Bureau of Consumer Protection

Friday, September 16, 2011

9.16 :: TPRC Next Weekend!! :: Fink :: Freedom not Fear:: About a Penny Per Month :: More Testing :: Time for the Lawsuits :: Because I'm the Tax Man ::

CyberTelecom News
Federal Internet Law and Policy
"If only there were evil people somewhere insidiously committing evil
deeds and it were necessary only to separate them from the rest of us
and destroy them. But the line dividing good and evil cuts through the
heart of every human being. And who is willing to destroy a piece of
his own heart?" -Alexander Solzhenitsyn

NTIA: Small Agency, Big Impact, NTIA
In the 21st century global economy, America's competitiveness requires
a modern communications infrastructure, a technology-savvy workforce,
and public policies that preserve the Internet as an engine for job
creation, innovation, and economic growth. NTIA's activities–at a
cost of about a penny per month for each American–represent a modest
yet critical investment in our economic future, one that can pay
dividends for decades.
More Info:

GOP Lawmaker Calls for LightSquared Inquiry, WSJ
A key House Republican on Thursday called for an investigation into
whether White House officials helped LightSquared, a start-up wireless
company, with its proposal for a new national wireless network.
More Info:

FCC calls for more LightSquared testing as complaints continue about
GPS interference, WAPO
The Federal Communications Commission said Tuesday that satellite
venture LightSquared needs to do further testing of its proposed
terrestrial mobile broadband network, amid a firestorm of criticism by
aviation, defense and agricultural agencies and industries about
interference with global positioning systems.
More Info:

FCC Announces Public Testing of First Television White Spaces Database, FCC
White spaces are unused spectrum between TV stations and are
considered prime real estate because signals in this band travel well,
making the band ideally suited for mobile wireless devices. Unlocking
this valuable spectrum will open the doors for new industries to
arise, create American jobs, and spurr new investment and innovation.
More Info:

AT&T to activate faster 4G network on Sunday, CNN
AT&T Mobility is saddling up for the initial launch of its faster
fourth-generation data services.
More Info:

Revision to the Manual of Regulations and Procedures for Federal Radio
Frequency Management, NTIA
The National Telecommunications and Information Administration (NTIA)
hereby makes certain changes to its regulations, which relate to the
public availability of the Manual of Regulations and Procedures for
Federal Radio Frequency Management (NTIA Manual). Specifically, NTIA
updates the version of the Manual of Regulations and Procedures for
Federal Radio Frequency Management with which federal agencies must
comply when requesting use of the radio frequency spectrum.
More Info:

New Survey from FOSI on Parental Controls, Filtering Facts
Today in Washington, D.C., the Family Online Safety Institute (FOSI),
with support from Microsoft and other companies, released the findings
of a new survey on the use of parental controls that found that 53
More Info:

Fink v. Time Warner Cable, SD New York 2011
In P2P Class Action Case Filed Against TW Cable, Pltf Motion to Strike
granted; Def's Motion to Dismiss Computer Fraud and Abuse Act claims
denied; Def's Motion to Dismiss other claims granted; Pltf's Motion to
Amend Complaint granted
More Info:

Wiretap Law Online: A Second Look at Paxfire, Tech Liberation Front
A few days ago, Ars Technica asked me to comment on a class action
lawsuit against Paxfire, a company that partners with Internet Service
Providers for the purpose of "monetizing Address Bar Search and DNS
Error traffic." The second half of that basically means fixing URL
typos, so when you accidentally tell your ISP you want the webpage for
"," they figure out you probably mean Cato. The more
More Info:

FCC's net neutrality rules to trigger legal, Hill challenge, WAPO
As the Federal Communications Commission's so-called net neutrality
rules move closer to becoming official, expect lawsuits and a
challenge by lawmakers to overturn the rules, experts say.
More Info:

Paxfire: our search query intercepts are not wiretapping, Ars Technica
Last month we covered the controversy over Paxfire, a firm that
researchers have accused of "hijacking" search results by placing a
proxy server between users and major search engines and modifying some
responses. Paxfire and one of its customers, RCN, was soon hit with a
class-action lawsuit claiming that the use of search hijacking
violated the Wiretap Act, consumer protection laws, and RCN's
contractual obligations.
More Info:

ISP's alleged throttling of BitTorrent and Skype violates Computer
Fraud and Abuse Act, Internet Cases
Fink v. Time Warner Cable, 2011 WL 3962607 (S.D.N.Y. September 7, 2011)
More Info:

comScore Releases August 2011 U.S. Search Engine Rankings, comScore
comScore, Inc. (NASDAQ: SCOR), a leader in measuring the digital
world, today released its monthly comScore qSearch analysis of the
U.S. search marketplace. Google Sites led the explicit core search
market in August with 64.8 percent of search queries conducted.
More Info:

gTLD WHOIS Privacy and Proxy Relay and Reveal Survey Now Live, ICANN
As part of a broader examination of gTLD WHOIS, ICANN's Generic Names
Supporting Organization (GNSO) Council is seeking to gain further
insight into the origination and handling of "relay" and "reveal"
requests. A relay request is a request to forward a message to the
registrant of a domain registered using a privacy service. A reveal
request is a request to reveal the identity of the licensee of a
domain registered using a proxy service.
More Info:

California – 1, – 0: California to Collect Internet-Based
Sales Tax in 2012, JOLT Blog
Late last Friday, September 10, 2011, marked the end of one of many
battles and other similarly situated online retailers have
been fighting in an effort to stop or halt the enactment of state laws
that mandate the collection of state sales tax for internet-based
orders. Currently, there is no federal law requiring online retailers
to collect taxes in states that the retailer does not maintain
sufficient contacts – such
More Info:

Federal courts jack up fees for online access by 25 percent, Ars Technica
The federal courts announced on Tuesday that they would be increasing
fees for accessing public court records by 25 percent, from 8¢ per
page to 10¢ per page. Most Americans have never heard of PACER, the
website the federal courts use to distribute judicial records. But for
thousands of journalists, academics, and practicing attorneys, news of
the fee hike produced a collective groan.
More Info:

Law School for Digital Journalists – Online Registration Closes
September 16!, Citizens Media Law Project
Next Thursday, September 22, 2011, the Citizen Media Law Project at
Harvard's Berkman Center for Internet & Society, together with the
Online News Association and the UNC Center for Media Law and Policy
will present "Law School for Digital Journalists," a Pre-Conference
day for the ONA's 2011 Conference in Boston.
More Info:

Freedom of the press applies to everyone — yes, even bloggers, Gigaom
If there's one thing that events such as the recent riots in Britain
and protests in California have shown, it's that mobile devices and
social tools like Twitter and YouTube have effectively made everyone
into a journalist, something we have argued in favor of at GigaOM. But
not everyone likes this trend, and we're not talking just about
professional journalists — police forces across the U.S. have been
arresting and prosecuting
More Info:

NIST Details Federal Cloud Standards Roadmap, Suggested Cloud Architecture, CRN
The National Institute of Standards and Technology, the U.S.
government's lead technical agency, this week launched a cloud
computing standards roadmap and a cloud reference architecture to help
guide federal agencies to cloud computing technologies
More Info:

Amazon Flies FISMA Flag, Achieves Federal Cloud Certification, CRN
Amazon Web Services (AWS) has earned Federal Information Security
Management Act (FISMA) Moderate Authorization and Accreditation, which
illustrates that AWS and its cloud plays are suitable for federal,
state and local governments.;jsessionid=fOk81cqj-6NlNmQmHllR8Q**.ecappj01
More Info:

Two New Publications Provide a Cloud Computing Standards Roadmap and
Reference Architecture, NIST
The National Institute of Standards and Technology (NIST) has
published two new documents on cloud computing: the first edition of a
cloud computing standards roadmap and a cloud computing reference
architecture and taxonomy. Together, the documents provide guidance to
help understand cloud computing standards and categories of cloud
services that can be used government-wide.
More Info:

Apple pulls 'Jewish or Not Jewish' app from French store, WAPO
Apple has pulled an app that enabled French users to look through a
database of celebrities and public figures and identify whether or not
they are Jewish.
More Info:

EPIC Warns Congress of Cybersecurity Risks to Consumers, EPIC
EPIC Executive Director Marc Rotenberg testified today before the
House Subcommittee on Financial Institutions and Consumer Credit. EPIC
highlighted several recent high-profile data breaches, including those
involving the digital security certificates used to authenticate
websites, that have compromised the private data of thousands of
consumers. Citing reports from the Privacy Rights Clearinghouse,
EPIC's Rotenberg said
More Info:

Freedom Not Fear: Ending A Decade Long Legacy of International Privacy
Erosion, EFF
This Saturday, September 17th, concerned European citizens with the
Freedom not Fear movement have decided to take their protest to the
capital of the European Union, Brussels. Their slogan: Stop the
surveillance mania! For five years in a row, Freedom Not Fear has
taken to the streets in several cities in Europe and beyond to demand
an end to suspicion-less surveillance measures. These include
mandatory data
More Info:

FTC eyes updates to online child privacy rules, CNET
Looking to strengthen the rules, the Federal Trade Commission is
proposing revisions that include adding geolocation information to the
definition of "personal information."
More Info:

Rockefeller Says COPPA Rule Update is Vital to Kids Safety, Senate Commerce
Chairman John D. (Jay) Rockefeller IV issued the following statement
today after an announcement by the Federal Trade Commission (FTC) that
they are seeking public comment on proposed revisions to the
Children's Online Privacy Protection (COPPA) Rule to account for
changing online technologies and practices.
More Info:

FTC Seeks Comment on Proposed Revisions to Children's Online Privacy
Protection Rule, FTC
The Federal Trade Commission is seeking public comment on proposed
amendments to the Children's Online Privacy Protection Rule, which
gives parents control over what personal information websites may
collect from children under 13. The FTC proposes these amendments to
ensure that the Rule continues to protect children's privacy, as
mandated by Congress, as online
More Info:

65% of online adults use social networking sites, Pew
Two-thirds of adult internet users (65%) now say they use a social
networking site like MySpace, Facebook or LinkedIn, up from 61% one
year ago. That's more than double the percentage that reported social
networking site usage in 2008 (29%). And
More Info:

28% of American adults use mobile and social location-based services, Pew
More than a quarter of all American adults use mobile or social
location-based services. Smartphone owners, younger users, and
minorities are most likely to use location services.
More Info:

U.S. needs to be on-guard for a big cyberattack, CW
A destructive attack from cyberspace "is coming, in my opinion. It is
a question of time. What we don't know is how far out it is," and
whether it will target commercial infrastructure, government networks
or mobile platforms Army Gen. Keith Alexander told attendees of the
"Maneuvering in Cyberspace" symposium this week.
More Info:

MOBILE MARK, INC. v. PAKOSZ, ND Illinois 2011
Def Motion to Dismiss CFAA Claim Denied; Def argument that Plaintiff
must set for CFAA claim with particularity fails; Def argument that
Plaintiff must allege files are involved in interstate commerce fails;
Pltf's allegation of $5000 loss based on forensic investigation and
def's improper use of data is sufficient to meet threshold
More Info:

Def Motion to Dismiss CFAA Claim Granted; "A mere belief in purported
future damages is insufficient to survive a Rule 12(b)(6) motion
because a complaint "requires more than labels and conclusions, and a
formulaic recitation of the elements of a cause of action will not
do." Plaintiff has not alleged specific facts suggesting that it
incurred at least $5,000 in losses as a result of Defendants' alleged
More Info:

Man stole data from U.S. service members via P2P, CW
A California man who dug up sensitive information belonging to U.S.
service members on peer-to-peer networks, and then used it to order
iPods, cameras, and even washing machines from an online store, was
sentenced to 75 months in federal prison Thursday.
More Info:

USF Contribution Factor Again Tops 15%, Telecom Law Monitor
Today the FCC announced the proposed universal service contribution
factor for the fourth quarter of 2011. Based in large part on
recently revised projections showing an increase in low income demand
(largely due to prepaid wireless phones), the proposed contribution
factor will rise nearly 1%, to 15.3%.
More Info:

Website ::
Blog ::
Delicious ::
Twitter & Facebook :: Cybertelecom
Google Group :: cybertelecom-l

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

Link to us!

Wednesday, September 14, 2011

Computer Fraud and Abuse Act claim alleged with sufficient particularity

MOBILE MARK, INC. v. PAKOSZ, Dist. Court, ND Illinois 2011

Procedure: Defendant's Motion to Dismiss Plaintiff's Computer Fraud and Abuse Claim is denied

Background: Plaintiff, a designer and seller of commercial antenna products, sued one of its former engineers, Defendants, for violation of the federal Computer Fraud and Abuse Act ("CFAA") and other statutes (this blog focuses on federal internet law).In brief, the amended complaint alleges that, before leaving Plaintiff to work for Hascall-Denke, Pakosz accessed Plaintiff's computer system and copied proprietary information to a laptop that Plaintiff had loaned him. Pakosz allegedly transferred the proprietary data to a number of external storage devices, and then installed and repeatedly ran a "Window Washer" program on the laptop to delete files and other data in order to conceal his activities. According to Plaintiff, Pakosz turned its trade secrets over to Hascall-Denke, which used the information to manufacture knock-off versions of Plaintiff's antennas.
Rule: "To state a civil claim for violation of the CFAA, a plaintiff must allege: 1) dama ge or loss; 2) caused by; 3) a violation of one of the substantive provisions set forth in § 1030(a); and 4) conduct involving one of the factors in § 1030(c)(4)(A)(i)(I)-(V)." Cassetica Software, Inc. v. Computer Sciences Corp., No. 09 C 0003, 2009 WL 1703015, at *3 (N.D. Ill. June 18, 2009)

First, defendants object that "Mobile Mark has not alleged any particular file or document that Pakosz allegedly accessed without authorization." They also argue that Mobile Mark has failed to allege that Pakosz lacked permission to copy or transfer files to his Mobile-Mark laptop Defendants are incorrect in assuming that Plaintiff's CFAA claim must be set forth with such particularity. The complaint provides defendants with ample notice of the basis for Mobile Mark's CFAA claim.
Defendants also argue that Count II must be dismissed because Mobile Mark has failed to allege that the files on which the claim is based "involved interstate commerce."  The portion of the CFAA on which Plaintiff relies simply does not require any showing that the files at issue had anything to do with interstate commerce
Finally, Defendant argues that Plaintiffs fails to allege that it suffered any loss in connection with Pakosz's alleged activity.  Plaintiff asserts that it was forced to perform a forensic computer analysis in order to investigate Pakosz's alleged wrongdoing, and that it lost more than $5,000 due to Pakosz's improper use of its data. Further, Plaintiff alleges that, as a result of defendants' actions, it has suffered a loss of "customers, goodwill, sales, and business opportunities." In short, the allegations in Mobile Mark's complaint are not deficient in any of the respects asserted by defendants.

Speculative Future Losses Insufficient for CFAA Claim


Procedure:  Defendant's Motion to Dismiss Computer Fraud and Abuse Act Claim

Background:"General Scientific Corp. and SheerVision, Inc. both participate in the highly competitive market for surgical loupe products, which includes telemicroscopes, lights, video cameras, and related accessories used by surgeons, dentists, and dental technicians. In 2007, believing that SheerVision had engaged in importation and sale of goods infringing on Plaintiff's patents, Plaintiff initiated an action before the International Trade Commission ("ITC"). The ITC action settled: Plaintiff covenanted not to sue, and SheerVision promised to cease importation and sale of the allegedly infringing goods.

"Since early 2010, however, SheerVision has allegedly undertaken to poach members of Plaintiff's sales staff and use their knowledge of Plaintiff's business contacts and practices to compete against Plaintiff in the market for surgical loupe devices, some of which allegedly violate Plaintiff's patents. According to Plaintiff, SheerVision has hired five of Plaintiff's past employees, including Caouette. In particular, Plaintiff alleges that SheerVision and Caouette used a computer issued by Plaintiff and Caouette's access to Plaintiff's email servers to gather sales contacts, customer lists, pricing information, and copyrighted marketing material for use in SheerVision's commercial pursuits.

"Plaintiff filed suit against Defendants on October 6, 2010. Before the Court is a motion by Defendants to dismiss Counts I through V of Plaintiff's complaint or, in the alternative, for a more definite statement as to those same Counts"

Analysis: "Defendants move to dismiss Count III of Plaintiff's complaint, an alleged violation of the Computer Fraud and Abuse Act ("CFAA"), 18 U.S.C. § 1030, on the ground that Plaintiff failed to sufficiently plead the damages required by the CFAA: namely, "loss . . . aggregating at least $5,000 in value." 18 USC § 1030(c)(4)(A)(i)(I)

"The CFAA defines "loss" as "any reasonable cost to any victim, including the cost of responding to an offense, conducting a damage assessment, and restoring the data, program, system, or information to its condition prior to the offense, and any revenue lost, cost incurred, or other consequential damages incurred because of interruption of service." 18 U.S.C. § 1030(e)(11) (emphasis added). Moreover, to be "plausible" under Twombly, Plaintiff must "plead[] factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009). Count III of Plaintiff's CFAA claim fails under both the statutory definition of "loss" and Twombly.

"First, Plaintiff has failed to allege specific facts suggesting the plausibility of damages required under the CFAA. Plaintiff merely "believes that it will incur" costs exceeding $5,000. (Pl.'s First Am. Compl. ¶ 19.) A mere belief in purported future damages is insufficient to survive a Rule 12(b)(6) motion because a complaint "requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555, 127 S. Ct. at 1964-65. Plaintiff has not alleged specific facts suggesting that it incurred at least $5,000 in losses as a result of Defendants' alleged activity.

"Second, to the extent Plaintiff has attempted to bolster its pleading through its Response to Defendants' Motion to Dismiss and the affidavit of Gregory S. Smith, Plaintiff demonstrates a misinterpretation of the "loss" standard under the CFAA, further undermining its claim. The crux of Plaintiff's response rests on the contention that Defendants' conduct has caused at least $5,000 in losses through usurped sales opportunities. (Pl.'s Resp. to Mot. to Dismiss 6-7.) Lost sales and profits per se are not the measure of loss under the CFAA, however. As the statutory language makes clear, "losses" under the CFAA are limited to costs incurred and profits lost as a direct result of interrupted computer service. 18 U.S.C. § 1030(e)(11) (listing applicable types of loss incurred "because of interruption of service"). The CFAA's damage requirement is not concerned with sales lost through the use of the information accessed. See, e.g., Nexans Wires S.A. v. Sark-USA, Inc., 166 Fed. App'x. 559, 562-63 (2d Cir. 2006) ("the plain language of the statute treats lost revenue as a different concept from incurred costs, and permits recovery of the former only where connected to an `interruption in service'"). The CFAA only covers lost revenue if the loss occurred as a result of interrupted service. Id. 

Tuesday, September 13, 2011

9.13 :: Degrading :: Speedy :: Worried :: Unprotected :: Truthful :: Obedient :: Massive :: Transitional :: Sticking :: Dead :: Epic ::

CyberTelecom News
Federal Internet Law and Policy
"Very few people chose war. They chose selfishness and the result was
war. Each of us, individually and nationally, must choose: total
love, or total war." ---David Dellinger

LightSquared May Degrade Hurricane Tracking, Agencies Say, Bloomberg
Philip Falcone's LightSquared wireless service needs more testing
because it may degrade precision services that track hurricanes, guide
farmers and help build flood defenses, U.S. agencies are to tell
Congress today.
More Info:

LightSquared Pressed by U.S. for Speedy GPS Testing, WSJ
LightSquared needs to resolve concerns over GPS interference
More Info:

New LightSquared Plan Fails To Ease GPS Interference Worries, Space News
A recent proposal by LightSquared to modify its plans to deploy a U.S.
broadband network in a way that would decrease its interference with
GPS receivers has done little to
More Info:

Farm Bureau calls for FCC review of LightSquared, High Plains
It is important to farmers and ranchers that the Federal Communication
Commission's review possible interference with the Global Positioning
Systems that could be created
More Info:

Duncan Stark, Broadcasting Expectations: An Unprotected Wireless
Network Takes on Constitutional Dimensions, 7 Wash. J.L. Tech. & Arts
In January 2010, the U.S. District Court for the District of Oregon
decided U.S. v. Ahrndt, the first case regarding the reasonable
expectation of privacy in a home wireless internet network. The court
found that the defendant had no reasonable expectation of privacy in
his unsecured home wireless network because he had openly shared
information on a system freely accessible by his neighbors.
More Info:

$60,000 Ruling Against Truthful Blogger Tests Limits of the First
Amendment, Citizens Media Law Project
One of the first things I learned as a journalist, and later again as
a media lawyer, was that under the First Amendment the "truth" could
not be subject to a viable defamation claim. True statements are
simply constitutionally immune and plaintiffs cannot sidestep all of
the common law and
More Info:

Connor Moran, Injunction Relief: Must Nonparty Websites Obey Court
Orders to Remove User Content?, 7 Wash. J.L. Tech. & Arts 47
Websites are normally immune to suits arising from illegal user-posted
content due to 42 USC § 230. Victims of illegal postings must
therefore bring suit, if at all, against the original posters.
However, when websites refuse to take down illegal content, a suit
against an original poster might not provide relief. In the recent
More Info:

Net neutrality rules move closer to implementation, CNET
White House's Office of Management and Budget signs off on FCC rules,
which means that, barring legal challenges, they could go into effect
in two to three months' time.
More Info:

Massive Facebook Cybersquatting Lawsuit Fails to Stop Bidding on, Cybersquatting & Domain Disputes
Cybersquatting lawsuit not enough to protect typo domain: Despite
Facebook's cybersquatting lawsuit effort, the typo domain sold for $1,999 on, according to forwards to, which
is clearly a counterfeit site using the same colors, font...
More Info:

IPv6 Transitional Uncertainties, CircleID
The telecommunications industry has been around for quite some time.
Whether you take it as a starting date the first efforts with the
wired telegraph in the 1830's, or the telephone in the 1870's, this
industry has been around for quite a long time. During this periods it
has made huge
More Info:

AT&T Sticking to T-Mobile Claims Nobody Believed Last Time - Still
Insists Deal Creates Jobs, Creates Adorable Puppies, DSLReports
Aside from the wide variety of organizations who take AT&T cash in
exchange for parroting their lobbyist's talking points, AT&T has had a
hell of a time getting anyone to believe their claimed benefits of the
$39 billion T-Mobile acquisition. That's in large part because few if
any of the supposed benefits -- be they job creation or network
expansion related -- are true. However, despite this skepticism and
now DOJ opposition
More Info:

AT&T Brings Out Its Dead -- T-Mobile, PK
Well, of course AT&T is pissed. Wouldn't you be?
More Info:

AT&T responds to DoJ lawsuit: T-Mobile deal a boon to consumers, Ars Technica
As promised, AT&T—jointly with T-Mobile and Deutsche Telekom—has filed
its response to last week's lawsuit blocking its proposed merger with
T-Mobile. The Department of Justice laid out its
More Info:

Epic Chart of Mobile Patent Suing, Givememind
Reuters has posted this infographic on the patent related suits
between mobile device component manufacturers. As you can see Apple is
or was involved in a a lot of lawsuits. Oh Apple…
More Info:

JSTOR Freely Releases Public Domain Papers That Greg Maxwell Already
Freed, Techdirt
You may recall that following the indictment of Aaron Swartz for
downloading some JSTOR papers, a guy named Greg Maxwell decided to
upload 33GBs of public domain papers from JSTOR and make them
available via The Pirate Bay. He had the papers for a while, but was
afraid that he'd get legally harassed for distributing them. However,
it appears the opposite has happened. Copycense points us to the news
More Info:

Alicia Hoffer, A Matter of Access: How Bypassing DRM Does Not Always
Violate the DMCA, 7 Wash. J.L. Tech. & Arts 13
In the last decade, several federal circuit courts have applied the
anti-circumvention provisions of the Digital Millennium Copyright Act
(DMCA) to determine what forms of unauthorized access to copyrighted
work are prohibited. Courts have considered Digital Rights Management
(DRM) disputes concerning access to both copyrighted digital-media and
manufactured products.
More Info:

Tracking the Trackers: Self-Help Tools, Center for Internet and Society
A number of technologies have been touted to offer consumers control
over third-party web tracking. This post reviews the tools that are
available and presents empirical evidence on their effectiveness. Here
are the key takeaways:
More Info:

Court Rules that Warrant Is Required for Stored Cell Site Location
Information, CDT
A Federal District Court in New York ruled on August 22, 2011 that a
warrant is required for law enforcement access to stored cell site
location information generated by the operation of a cellular phone.
Judge Nicholas G. Garaufis rejected the government's application for
an order under
More Info:

Two FCC Commissioners Signal Support for Extension of Outage Reporting
to VoIP, Telecom Law Monitor
Yesterday, the FCC held its "Workshop/Webinar" on the pending proposal
to extend the outage reporting requirements to interconnected VoIP and
to broadband service providers. We've noted several times that the
FCC staff appears to be in favor of extending these rules. At
yesterday's workshop, two FCC Commissioners made statements that also
signal their support.
More Info:

Website ::
Blog ::
Delicious ::
Twitter & Facebook :: Cybertelecom
Google Group :: cybertelecom-l

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

Link to us!