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:

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