Wednesday, June 22, 2011

7.22 :: Bogus Below the Line :: A Valuable Resource :: No Question Reform is Needed :: Fundamentally Flawed Anti Infringement Campaign ::

CyberTelecom News
Federal Internet Law and Policy
"Decency, security and liberty alike demand that government officials
shall be subjected to the same rules of conduct that are commands to
the citizen. In a government of laws, existence of the government will
be imperilled if it fails to observe the law scrupulously. Our
Government is the potent, the omnipresent teacher. For good or for
ill, it teaches the whole people by its example. Crime is contagious.
If the Government becomes a lawbreaker, it breeds contempt for law; it
invites every man to become a law unto himself; it invites anarchy. To
declare that in the administration of the criminal law the end
justifies the means — to declare that the Government may commit crimes
in order to secure the conviction of a private criminal — would bring
terrible retribution. Against that pernicious doctrine this Court
should resolutely set its face." – Justice Brandeis, dissenting,
Olmstead v. United States (S.Ct. 1928)

FCC Fines Carriers for Cramming - But Continues to Ignore Other Bogus
Below The Line Fees, dslreports
The FCC took action this week against "cramming," or the placement of
fees on consumer phone bills for services neither wanted or ordered.
According to an FCC press statement, the FCC issued fines of $12
million against four companies for cramming, and FCC Chairman Julius
Genachowski said he'd be circulating new rules that would make
cramming more
More Info:

Senator: New cybersecurity regulations needed for banks, CW
A U.S. senator calls for new cybersecurity regulations for banks.
More Info:

Hill Hearing on LightSquared Scheduled, Broadcasting & Cable
Joint subcommittee hearing on proposed satellite/terrestrial broadband
network on GPS systems to be held June 23
More Info:

LightSquared devises plan to avoid GPS issues, Rethink Wireless
Proposes shifting to lower frequencies, harnessing Inmarsat spectrum
and reducing base station power, to protect "99.5%" of GPS users
More Info:

LulzSec takes down Brazil government sites, CNET
The outage, which probably stemmed from a distributed
denial-of-service attack, follows the arrest of a 19-year-old in the
U.K. who's suspected of involvement with LulzSec.
More Info:

China says no cyber warfare between it, U.S., Globe and Mail
Countries have been at odds over claims of hacking attacks but Chinese
and U.S. officials say there are no government-backed hacking attacks
More Info:

LulzSec hits Brazilian websites, BBC
The websites of the Brazilian government and President have fallen
victim to hacker group Lulz Security.
More Info:

Dennis Burgess Says IPv6 Will Give WISPs a Competitive Advantage, WISPA
"We've been IPv6-enabled for six to eight months," says Dennis Burgess
of WISPA vendor member Link Technologies. Burgess believes that as the
large monopolies hesitate to deploy IPv6 routing, smaller, more agile
WISPs can benefit by leaping ahead. For Link Technologies, IPv6
adoption was eased by the fact that it is supported [...
More Info:

Broadband Breakfast:National Broadband Map a Valuable Resource, USTelecom
The National Broadband Map (NBM) is a valuable resource and has been a
success thus far, but there is still room for a number of
improvements, said a panel of broadband policy experts at the
Broadband Breakfast Club Tuesday. The map, which was released in early
2001l, is a searchable website that allows users to view broadband
availability across every community in the United States.
More Info:

'No Question' Reform of FCC Process is Needed, NARUC's Ramsay Tells
Congress, NARUC
Reforming the Federal Communications Commission process will improve
transparency and result in a better record for agency decisions, the
National Association of Regulatory Utility Commissioners told
More Info:

Measuring World IPv6 Day - First Impressions, Circleid
The RIPE NCC took active measurements of World IPv6 Day participants
before, during and after World IPv6 Day (in cooperation with CAIDA).
We selected 53 participants and performed periodical A and AAAA DNS
lookups and HTTP fetches from 40 servers worldwide. For HTTP, we
fetched data over IPv4 and IPv6. These provide important control
More Info:

EFF: Government Domain Name Seizures Violate First Amendment, Circleid
The Electronic Frontier Foundation (EFF) has urged a federal court to
return two domain names seized in what the organization calls U.S.
government's fundamentally flawed anti-infringement campaign. "This
misguided intellectual property enforcement effort is causing serious
collateral damage to free speech rights," said EFF Intellectual
Property Director
More Info:

Proposed GPS Act Clarifies, Improves Location Privacy, Center for
Internet and Society
On June 15, Sen. Ron Wyden (D-OR) and Rep. Jason Chaffetz (R-Utah)
announced the Geolocational Privacy and Surveillance Act, a statute
which would require law enforcement to get a warrant before using
technology to track individuals' physical location. The statute would
offer certainty in an uncertain legal regime. Currently, both the
Ninth Circuit and the
More Info:

Court Holds ECPA allows Myspace to Disclose Private Messages Pursuant
to Out Of State Warrant, Center for Internet and Society
On June 1, Judge Kaplan of the Southern District of New York dismissed
the complaint in Hubbard v. Myspace. Hubbard is the latest case to
reject the claim that a social network violated the Stored
Communications Act ("SCA") by disclosing certain user information
pursuant to law enforcement demands. Last month, this firm won a
similar case, obtaining a dismissal in
More Info:

Nevada Bar Investigating Righthaven Lawyers, Techdirt
It seems things keep getting worse and worse for Righthaven. With its
lawsuits losing big time, and the underpinning of many of its lawsuits
being dropped as a sham, it appears that the Nevada state bar is now
investigating the company and its lawyers, after some grievances have
been filed against the copyright trolling operation. People at the
Nevada state bar have
More Info:

Mexican Congress Moves Forward With Effort To Refuse To Sign ACTA, Techdirt
You may recall that we recently noted that a Mexican Senator had
drafted a resolution to have Mexico refuse to sign ACTA. We weren't
entirely sure if the effort would get support, but it does appear to
be moving forward. SinkDeep alerts us to the news that a measure was
approved to move forward with the proposal and it now faces a full
vote (I don't fully understand
More Info:

OECD Releases Report on National Broadband Plans, Michael Geist
The OECD has released a new study on national broadband plans that
finds that Canada is one of the few countries without
government-backed targets for broadband access and speeds.
More Info:

Collateral Damage: In The Hunt For LulzSec, FBI Takes Down A Bunch Of
Websites, Techdirt
As a bunch of folks have been sending in, the FBI raided a data center
in Reston Virginia, seizing a bunch of servers and taking a bunch of
sites offline (including some big names). This isn't -- as some
suggested -- quite the same thing as the infamous ICE domain seizures.
This sort of thing does happen from time to time, when law enforcement
is seeking actual
More Info:

The Open Internet Order, Virulent Word of Mouse
After a year of hearings and considerable public discussion, the
Federal Communications Commission (FCC) adopted the Open Internet
Order on December 21, 2010.
More Info:

LightSquared says it has fix to GPS interference problems, CNET
LightSquared, which is building a nationwide 4G LTE network to compete
with Verizon Wireless and AT&T, says it has come up with a solution to
its GPS interference issues.
More Info:

ICANN approves plan to vastly expand top-level domains, Ars Technica
Do you find the reliance on things like .com, .net, and .org too
restrictive? Haven't found a country code that floats your boat?
ICANN, the organization responsible for managing the domain name
system, has decided that it's time for a more
More Info:

Troll Fail: Righthaven Smacked Down Again, EFF
Notorious copyright litigation company Righthaven got another smack
down from the Federal bench today, in Righthaven v. Hoehn. In line
with Judge Roger Hunt's decision last week, Judge Phillip Pro held
that Righthaven did not own the copyright at issue, and – even if it
did – the use in question was protected by the fair use doctrine.
Importantly, Judge Pro rejected
More Info:

Pentagon building Internet simulator to practice cyberwar, CW
A model of the Internet where the Pentagon can practice cyberwar games
-- complete with software that mimics human behavior under varying
military threat levels -- is due to be up and running by this time
next year, according to a published report.
More Info:

Global Internet body ICANN unleashes domain names, Globe and Mail
Decision will allow domain names to end in brands like .toyota,
.apple, or place names like .newyork
More Info:

FCC Issues Preliminary VoIP and Broadband Outage Reporting Rules, WISPA
Steve Coran points out that the FCC is serious about outage reporting
requirements for broadband and VoIP. It has posted the schedule for
comments on its proposed rulemaking as well as the proposed rules.
Business Smartphone users now average 435 MB of data usage per month.
Will the cellcos wilt under the [...]
More Info:

Dan Snyder Gets a Taste of D.C.'s New Anti-SLAPP Law, Citizen's Media
We've previously mentioned Washington Redskins owner Dan Snyder's
lawsuit against the Washington City Paper. (Quick refresher: the City
Paper published a stinging catalogue of Snyder's public failings;
Snyder sued.) On Friday night, the latest chapter of the saga began:
More Info:

Predicting ARIN's depletion date, IPv4 Depletion Site
At Nanog 52 John Curran, the president and CEO of ARIN held a
presentation about IPv4 transfers. One of the slides stated that ARIN
expects to run out of IPv4 addresses in early 2012. John also verbally
hinted that it might actually be earlier than that. The presentation
can be found here.
More Info:

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Friday, June 17, 2011

6.17 :: It Should Be No Surprise to Anyone :: The Wasteland :: SLAPP Happy :: Showing a Pulse ::

CyberTelecom News
Federal Internet Law and Policy
"You need only reflect that one of the best ways to get yourself a
reputation as a dangerous citizen these days is to go about repeating
the very phrases which our founding fathers used in the struggle for
independence." C.A. Beard

(DA No. 11-1047). (Dkt No 11-59 ). Comments Due: 07/18/2011. Reply
Comments Due: 08/30/2011. WCB
More Info:

Former FCC Chairman Michael Powell talks cable, CNET
Former FCC chairman Michael Powell has a new job as head of the cable
industry's lobbying group. He sat down with CNET to discuss some of
the issues facing the industry today.
More Info:

Key House lawmaker asks FCC to kill LightSquared network, Nextgov
The chairman of the House committee with GPS oversight called on the
Federal Communications Commission to administratively kill a broadband
network planned by startup LightSquared, but on Wednesday, FCC gave
the company an extra two weeks to report on issues related to the
network's potential interference with satellite navigation systems.
More Info:

LightSquared Prospects; FCC Chair Wants Interference Cleared, Hits
Back at GPS, GPS World
Genachowski hit back at the GPS community in a letter to Sen. Charles
Grassley, "It should be no surprise to anyone involved in the
LightSquared matter that the company was planning for some time to
deploy a major terrestrial network in the spectrum adjacent to GPS."
More Info:

LightSquared may seek extension on GPS report, CW
LightSquared said it may ask for another two weeks to compile a report
on possible interference between its planned cellular network and the
GPS system, as a Wednesday deadline for the report loomed.
More Info:

OnStar asks FCC to investigate LightSquared over GPS interference, Autoblog
The ongoing spat between a company known as LightSquared and a number
of high-profile combatants including the Defense Department, the
Federal Aviation Administration, John Deere and General Motors'OnStar
service continues unabated.
More Info:

Lightsquared Hits a Brick Wall, Ecommerce Times
The June report on Lightsquared that we have been waiting for is in,
and it doesn't look good for the company. The technology it uses does
impact the spectrum of the GPS industry, the report concludes. So even
though we need a solution to the spectrum problem, we cannot allow
this company to interfere with
More Info:

Kevin Werbach, The Wasteland: Anticommons, White Spaces, and the
Fallacy of Spectrum, Ariz. L. Rev.
Nearly fifty years after Federal Communications Commission Chairman
Newton Minow notoriously labeled television a "vast wasteland," the
FCC has an opportunity to transform the barren terrain of broadcast
spectrum into a verdant oasis of connectivity. The long-dormant "white
spaces" around broadcast television channels may soon be opened,
creating major opportunities for wireless
More Info:

Public Knowledge Statement on House Appropriations Language To Ban Net
Neutrality, PK
The following statement is attributed to Gigi B. Sohn, president and
co-founder of Public Knowledge:
More Info:

comScore Releases May 2011 U.S. Online Video Rankings, Comscore
comScore, Inc. (NASDAQ: SCOR), a leader in measuring the digital
world, today released data from the comScore Video Metrix service
showing that 176 million U.S. Internet users watched online video
content in May for an average of 15.9 hours per viewer. The total U.S.
Internet audience engaged in more than 5.6 billion viewing sessions
during the course of the month.
More Info:

Twitter Update 2011, Pew
13% of online adults use Twitter, and half of Twitter users access the
service "on the go" via mobile phone.
More Info:

IPv6 Shows a Pulse, Circleid
On World IPv6 Day IPv6 showed a pulse! However faint that global pulse
may have been, our network showed at least some form of IPv6-life
occurred on that day.
More Info:

Internet Economy: OECD high-level meeting on generating innovation and
growth, OECD
Government ministers, business leaders and industry experts will meet
on 28 and 29 June at the OECD to advance discussions on Internet
regulation and how best to drive its continued growth and innovation.,3699,en_2649_37441_1_1_1_1_37441,00.html?rssChId=37441#48173819
More Info:

Obama's CIO quits, CW
The CIO of the federal government, Vivek Kundra, is resigning after
two and a half years on the job, the White House said.
More Info:

Senate group backs prison time for illegal streaming, CNET
U.S. Senate Judiciary Committee approves a bill that would make the
streaming of copyrighted content that was illegally obtained a felony
punishable by up to five years in prison.
More Info:

ICE Stalling On More FOIA Requests Concerning Domain Name Seizures, Techdirt
We recently noted that Homeland Security's ICE group appeared to be
stalling in responding to a Freedom of Information Act (FOIA) request
from Michael Robertson's NakedGovernment. It turns out that's not the
only such request it's been stalling on. The folks over at Muckrock
(who helped us with our own FOIA requests), alert us to the news that
Aaron Swartz, the director of Demand Progress (the organization that
the MPAA
More Info:

JACQUELINE C. CHARLESWORTH, The Moral of the Story: What Grokster Has
to Teach About the DMCA, Stanford Tech. L. Rev.
We have reached a telling intersection in the law of secondary
copyright liability. Cases in which defendants seek to broaden the
safe harbors of Section 512 of the Digital Millennium Copyright Act
("DMCA")1 are running up against precedent generated by
Metro-Goldwyn-Mayer Studios, Inc. v.
More Info:

The SLAPP-Happy Story of Rakofsky v. Internet, Citizen's Media
By now, you've perhaps heard of the plight of one Joseph Rakofsky, the
man who sued everyone who ever wrote about him on the Internet. In
short: Man represents defendant in murder trial; judge declares
mistrial; judge says scathing things about man's professional
competence; newspaper covers the unusual mistrial; law bloggers pick
up story; man brings 75-defendant lawsuit against everybody who wrote
about him.
More Info:

Official Geolocation Privacy Bill Introduced: Say No To Unauthorized
GPS Tracking, Techdirt
Last week, we wrote about the plan by Senator Ron Wyden and Rep. Jason
Chaffetz to simultaneously introduce bills in both houses of Congress
to outlaw location tracking without consent. Those bills have now been
officially introduced. The bill is mainly targeted at law enforcement
officials who feel they can put GPS devices on cars without first
getting a warrant (and the many courts that have backed them up
More Info:

Dist. Court, ED Virginia 2011
CFAA Cause of Action Dismissed; "A review of the statute does not
reveal any provision that provides that it is unlawful to use a
computer or computer system to convert the property of another"
More Info:

CIA Web site down; LulzSec claims responsibility, CNET
Intelligence agency's public site inaccessible after the hacking group
tweeted that it had take the site down.
More Info:

Wisconsin Kills WiscNet, Because The Only Good Infrastructure Is AT&T
Infrastructure, Techdirt
Support for the "free market" is a phrase that is often abused by
companies to really mean "support for this particular company." It
seems that's what's happening in Wisconsin with AT&T. The University
of Wisconsin has been pretty instrumental in its role in developing
key internet infrastructure technologies, which it uses in various
ways. The current WiscNet helps supply high speed internet to
Wisconsin schools and
More Info:

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Wednesday, June 15, 2011

6.15 :: Widespread Interference :: The Water's Fine :: Hidden Jokes. Or Something :: ARPANET Video ::

CyberTelecom News
Federal Internet Law and Policy
"Men feared witches and burnt women. It is the function of speech to
free men from the bondage of irrational fears." — U.S. Supreme Court
Justice Louis D. Brandeis (1856–1941), Whitney v. California, 274 U.
S. 357 (1927)

Report to FCC Will Find LightSquared Interferes with GPS, WSJ
Wireless broadband startup LightSquared and a GPS industry group will
tell federal regulators in a report due Wednesday that recent joint
tests of the company's network showed widespread interference with GPS
More Info:

GPS Industry Protests LightSquared Spectrum Plan, Mobile Enterprise
Companies active in the GPS industry have taken a clear position
against LightSquared's proposed LTE broadband network on 1525 to 1559
MHz spectrum, which tests have shown to cause significant interference
with global positioning systems running on 1559 to 1610 MHz. GPS
touches a wide range of industries, from fleet and asset tracking to
aviation, defense, and field service enterprises.
More Info:

LightSquared report due amid criticism over GPS interference issue, CW
Mobile startup LightSquared may go from the frying pan to the fire on
Wednesday when it releases a report on potential interference between
its planned network and GPS.
More Info:

My Insanely Long Field Guide to Lightsquared v. The GPS Guys, TFTSF
For some time now, I've been rooting for Lightsquared. Despite the
fact that it faces tough odds trying to build out an expensive
wireless network, a wireless network built from ground up for
wholesale only could totally change the…
More Info:

GPS Users Fear Getting Lost In Wireless Expansion, NPR
A multibillion-dollar proposal to provide broadband Internet access
via satellites is raising concerns for GPS users, including aviators
and emergency responders. They say the new service's signal will
interfere with their devices.
More Info:

LightSquared Wireless LTE Broadband Kills GPS, Government Tests Find, eweek
Despite denials by LightSquared and its allies, tests by two
government bodies of LightSquared's broadband data system find there
is significant interference with GPS navigation systems
More Info:

Cord Cutting Makes Industry Even more Competitive, USTelecom
The Centers for Disease Control (CDC) has just released its latest
wireless substitution data for year-end 2010. 29.7 percent of U.S.
households had cut the cord by year-end 2010, up from 26.5 percent in
mid-2010 and 25.5 percent at year-end 2009. This 3.1 percentage point
increase marked the largest six-month increase in cord-cutting since
2003 when the CDC began tracking this data.
More Info:

Site hosting third party reviews found not liable pursuant to 47
U.S.C. § 230(c) Good Samaritan Immunity
More Info:

IPv6: Come on in, the water's fine, CNET
A 24-hour test last week of a next-generation Internet went well. That
could help IPv6 adoption more than the scarier reality that the world
is running out of IPv4 addresses.
More Info:

NTIA's IANA Notice contains hidden joke. Or something., IGP
Friday the Commerce Department released a "Further Notice of Inquiry"
on the important contract between itself and ICANN, known as the IANA
contract. The NTIA approach to the IANA contract is a bizarre mixture
of sober, reasonable statements and the utterly insane. Of course it's
more fun to write about the crazy stuff before launching into a step
by step analysis of the whole proceeding, so let's start with the
interesting stuff. A later blog post will go into more detail.
More Info:

Internet Assigned Numbers Authority (IANA) Functions Further Notice of
Inquiry, NTIA
NTIA is seeking public comment on a draft statement of work, a key
element of the procurement process for the new IANA functions
More Info:

Comcast and Skype Partner to Bring HD Video Calling Experience to the
Living Room, Comcast
Today at the NCTA show, for the first time we demonstrated one of our
latest innovations in delivering a personalized entertainment and
communication experience to our customers — making video calls, in
vivid HD, from a big-screen TV.
More Info:

NYT: U.S funds censor-evading Internet work, CNET
Shadow networks can bypass those that are censored by authorities or
attacked by enemies, unlike ordinary cell phone towers in Afghanistan.
More Info:

Seized Domains Fight Back, EFF
Since last year, we've watched with dismay Immigration and Customs
Enforcement's increasing use of domain name seizures as part of its
stepped-up IP enforcement strategy. Today, one of the seized domains
is taking the issue to court.
More Info:

The changing media landscape in a broadband age. Action by: Steven
Waldman and the Working Group on Information Needs ot Communities by
More Info:

10 things the US government can do to help digital news entrepreneurs, OJR
The US Federal Communications Commission last week released its
long-awaited report on the future of local news in the Internet era,
"The Information Needs of Communities," to a collective "meh" from the
digital news commentariat. At best, the report seems to have met or at
least exceeded the low expectations that many critics had for it.
There's no ill-advised proposal for getting government into the
More Info:

FCC to media: Don't look to us, we can't help you, Gigaom
The Federal Communications Commission released a mammoth "state of the
media" report on Thursday, looking at the upheaval in the media
industry across all sectors including newspapers, magazines and
television. Although there were fears when the report was first
announced that the regulator might recommend subsidies and other
changes that would distort the market in favor of existing media
entities, the final version
More Info:

FCC report: Net has helped suffocate local news, CNET
Fixing the sorry state of local news could cost up to $1.6 billion, or
about as much as Google paid for YouTube, report indicates.
More Info:

Initial Thoughts on the FCC "Future of Media" Report, TLF
This morning, the Federal Communications Commission (FCC) released its
eagerly-awaited "Future of Media" report. The 475-page final report is
entitled, "The Information Needs of Communities: The Changing Media
Landscape in a Broadband Age." [Here's a 2-page summaryand the
official press release.] The report is a bit overdue; the effort was
supposed to be wrapped up late last year. Comments in the
More Info:

FCC Report Falls Far Short of Real Solutions, Free Press
On Thursday, the Federal Communications Commission released its
long-awaited report on the future of media, now re-titled "The
Technology and Information Needs of Communities." The report is the
result of more than a year of research, and was presented as a rare
opportunity to respond to a crisis facing journalism and its negative
effect on the public, and inform a proactive publi
More Info:

ARPAnet - the team behind the internet, Arlington County
Video produced by Arlington County on ARPA's work developing the
ARPANet, the precursor to the Internet
More Info:

Facebook Rolls Out Facial Recognition Feature, NPR
Robert Siegel interviews Sharon Gaudin, senior writer for
Computerworld, about Facebook's facial recognition technology. The
social network has been rolling out a new automatic feature that helps
users tag their friends and family in photos they upload to the site.
Privacy advocates argue the new tool should be opt-in rather than
opt-out — and have raised concerns about what Facebook might do with
the biometric data.
More Info:

How to Disable Facebook's Facial Recognition Feature, EFF
Back in December of 2010, Facebook debuted its tag suggestion feature,
which works by using facial recognition technology to examine photos
in which you've already been tagged, and then creating what Facebook
calls your "photo summary" or "photo comparison information," or what
we'll call your "facial fingerprint." Using this information, FB
suggests your name to your friends when they upload a photo of you,
and invites
More Info:

Dawgert, Brad, The Internet Kill Switch: Feasible or Fantastical?, SSRN
Deemed the Internet "Kill Switch" bill by critics, Sen. Lieberman's
Cybersecurity and Internet Freedom Act (CIFA) did little to assuage
public fears that the executive branch was being given authority to
take control of and shutdown all or part of the Internet. Can the
Government shutdown the Internet? The
More Info:

Hackers break into US Senate site, BBC
US officials order a security review after the US Senate website was
hacked at the weekend by a group identifying itself as Lulz Security.
More Info:

Feds Press Forward With Online Cybersecurity Plan, Ecommerce Times
Protecting sensitive information in the electronic age is a critical
matter -- but the question of what the term "critical" really means
has become a vexing problem for lawmakers dealing with cybersecurity
issues. Equally challenging is defining the role that government
should play in protecting all parties engaged in the use of
information technology. The Obama administration took another cut last
week at trying to identify what is critical -- and what is not -- in
the realm of cybersecurity.
More Info:

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National Strategy for Trusted Identities in Cyberspace (NSTIC) Privacy Workshop June 27/28 Boston

Following up on the recent meetings in Washington DC, NIST announces the next NSTIC workshop:


This workshop will discuss the privacy-enhancing objectives of the National Strategy for Trusted Identities in Cyberspace (NSTIC) and how to effectively implement them in the Identity Ecosystem Framework, including issues involved with overcoming the challenges of establishing user-centric privacy protections. The goal of this workshop is to provide a venue for discussion about developing workable policies, practices and guidelines for privacy protections as well as effective means of implementing these protections.




Start Date: Monday, June 27, 2011
End Date: Tuesday, June 28, 2011
Location: Massachusetts Institute of Technology Media Lab, E14 Building, 6th Floor, 75 Amherst St., Cambridge, MA 02139
Audience: Industry, Government
Format: Workshop


Jeremy Grant

Security Instructions:


Related Project(s):


Cam Kerry
General Counsel
U.S. Department of Commence (tentative)

Conference Web site:

Sunday, June 12, 2011

NTIA Further NOI re the IANA Function

Originally, according to lore, Jon Postel kept track of all IP-address block assignments in a paper notebook. Keeping track of IP Address assignments from the full address pool came to be known as the Internet Assigned Number Authority. In the late 1990s, when the Department of Commerce released the White Paper and began the process of privatizing and institutionalizing Internet governance, it entered into a contract with the newly formed Internet Corporation for Assigned Names and Numbers (ICANN) to perform the IANA function. The National Telecommunications and Information Administration of the Department of Commerce is now in the process of "enhancing the performance of the IANA functions."

Federal Register Notice: Internet Assigned Numbers Authority (IANA) Functions Further Notice of Inquiry: NTIA is seeking public comment on a draft statement of work, a key element of the procurement process for the new IANA functions contract. (471 KB PDF) Posted June 10, 2011

SUMMARY: Critical to the Internet Domain Name System (DNS) is the continued performance of the Internet Assigned Numbers Authority (IANA) functions. The IANA functions have historically included: (1) the coordination of the assignment of technical Internet protocol parameters; (2) the administration of certain responsibilities associated with Internet DNS root zone management; (3) the allocation of Internet numbering resources; and (4) other services related to the management of the ARPA and INT top-level domains (TLDs). The Internet Corporation for Assigned Names and Numbers (ICANN) currently performs the IANA functions, on behalf of the United States Government, through a contract with United States Department of Commerce’s National Telecommunications and Information Administration (NTIA). On February 25, 2011, NTIA released a Notice of Inquiry (NOI) to obtain public comment on enhancing the performance of the IANA functions. NTIA received comments from a range of stakeholders: governments, private sector entities, and individuals. After careful consideration of the record, NTIA is now seeking public comment through a Further Notice of Inquiry (FNOI) on a draft statement of work (Draft SOW), a key element of the procurement process for the new IANA functions contract.

DATES: Comments are due on or before [insert 45 days after publication in the Federal Register].

COMMENTS: Comments may be submitted electronically to Comments provided via electronic mail should be submitted in a text searchable format using one of the following: PDF print-to-PDF format, and not in a scanned format, HTML, ASCII, MSWord or WordPerfect format (please specify version).

. . . . .

Saturday, June 11, 2011

FTC extends RFC Due Date "Dot Com Disclosures" August 10

In 2000, the Federal Trade Commission first published “Dot Com Disclosures: Information About Online Advertising,” providing advice to businesses doing business online. A lot has changed since that time, and the FTC is in the process of updating this publication. This week the FTC announced that it is extending the deadline for comments on the revised publication to August 10, 2011.

From the original May 26th notice:
The staff of the Federal Trade Commission is updating “Dot Com Disclosures: Information About Online Advertising,” the guidance document that advises businesses how federal advertising law applies to advertising and sales on the Internet. [Download “Dot Com Disclosures” here.] The online world has changed dramatically since the original guidance was published in 2000, and the FTC is seeking public comment about how it should be modified to reflect these changes. [Read staff invitation to submit comments here.]

Since the FTC staff published Dot Com Disclosures, mobile marketing has become a reality, the “App” economy has emerged, the use of “pop-up blockers” has become widespread, and online social networking has emerged and grown popular. In seeking public comment on possible revisions to the guidance document, the staff is interested in the technical and legal issues that marketers, consumer advocates, and others believe should be addressed.

The 2000 guidance emphasizes that the same consumer protection laws apply to marketers whether they operate online or not. It illustrates how online marketers should provide clear and conspicuous disclosures of information that consumers need to make informed online purchasing decisions. It also discusses how the traditional factors used to evaluate whether disclosures are likely to be clear and conspicuous apply in the context of online advertising.

In the June 10, 2011 notice, the FTC stated "At the request of a stakeholder, the comment deadline has now been extended for 30 days until August 10, 2011." Interested parties can submit comments by clicking on the following: [Submit comment electronically by clicking here.]

Thursday, June 09, 2011

ARPAnet - the team behind the internet (Video)

Arlington County recently erected a historical marker at the 1970s offices of ARPA, which is in Rosslyn VA. In conjunction with that event, Arlington created the following documentary video. Includes interviews with Steve Crocker, Steve Lukasik, Bob Kahn, Charles Herzfeld

Fwd: 6.9 :: Wont Operate Without Interference :: Pretty Good Year :: Happy IPv6 Day :: Nothing More than a Dangerous Wish ::

           CyberTelecom News
    Federal Internet Law and Policy
"Violence is the first refuge of the incompetent."   -Issac Asimov

VoIP Coalition Warns of Excessive Regulation, Telecom Law Monitor
In late May, the Voice on the Net Coalition ("VON") held a series of
meetings with FCC Commissioner's offices concerning VoIP regulations.
The Coalition discussed topics affecting 21 pending FCC dockets, and,
according to the summary of the meetings, "expressed concern that
additional regulation of the IP communications industry could deter
investment and innovation ..."  The Coalition opposed a variety of new
More Info:

FCC's Genachowski: We won't let LightSquared operate without GPS
interference, Fierce Broadband
In response to an inquiry from Sen. Charles Grassley (R-Iowa)
regarding the FCC's actions when it comes to authorizing LightSquared
to operate, FCC Chairman Julius Genachowski reiterated that the
commission won't allow LightSquared to begin commercial service
without resolving any potential interference with GPS and also sought
to correct what he called two misperceptions surrounding
LightSquared's quest to launch a wholesale LTE network.
More Info:

Levin: Broadband Plan Had 'Pretty Good Year' - Despite Poor Map, and
No Coverage or Competition Improvement, dslreports
Roughly a year ago the FCC unveiled our first ever broadband plan,
which we noted suffered from a lot of empty rhetoric, and little to no
attempt to aid the sector's biggest problem: a lack of competition
leading to monopoly/duopoly markets -- and by proxy high prices, caps,
and other issues. One year on, and the plan's hollow core is showing.
The FCC's recently released Broadband Progress Report concluded there
was very little progress in broadband deployment since last year,
while for the second year in a row stating that broadband in the U.S.
is not being deployed in a timely fashion.
More Info:

FCC Seeks Additional Comment On Sharing Of Fixed Microwave Spectrum, CommLawBlog
We reported back in August on an FCC proceeding to open up more
spectrum for broadband backhaul –i.e., the transport of signals
between networks and from cell towers, which in turn communicate with
users' phones and tablets.
More Info:

All in a Day's Work: Making Room For Billions More Internet Users and
Their Devices, White House
For 24 hours, a wide range of organizations worldwide, including
Federal agencies and Internet companies, like AT&T, Sprint, Verizon,
Google, Facebook, Yahoo!, and Akamai, are providing their content and
traffic over Internet protocol version six or IPv6.
More Info:

World IPv6 Day draws attention to security issues with new protocol, CW
The marking of World IPv6 Day yesterday has drawn fresh attention to
the next generation Internet addressing protocol, as well as to the
security considerations that enterprises will need to deal with as
they migrate to it.
More Info:

Successful World IPv6 Day Demonstrates Global Readiness for IPv6, ISOC
No description
More Info:

World IPv6 Day: Final Look and "Wagon's Ho!", Arbor Network
After reflecting on the data from IPv6 day, the phrase the best comes
to mind is: "Wagon's Ho!" It's going to be a long hard slog to
IPv6-Land. Yesterday's IPv6 flag day looks to have been a success.
After a decade of implementation work by the infrastructure vendors in
building towards IPv4 functional parity, combined with the months of
preparation by the content and
More Info:

World IPv6 Day, Renesys
Today is World IPv6 Day, a day when major content providers have
agreed to furnish service over IPv6 for a 24-hour test period.
Hopefully, you didn't notice anything different about your Internet
experience today, but providers will have gained valuable experience
with the technology and any technical hurdles that remain
More Info:

A Closer Look at World IPv6 Day, Circleid
In observance of World IPv6 Day being held today, Earl Zmijewski of
Renesys takes a closer look at the state of the IPv6 today. Zmijewski
writes: "Today is World IPv6 Day, a day when major content providers
have agreed to furnish service over IPv6 for a 24-hour test period.
Hopefully, you didn't notice anything different about your Internet
experience today, but
More Info:

It's World IPv6 Day, AT&T
Every day there seems to be a new gadget or other device hitting the
market.  Earlier this week, all eyes were on San Francisco to see the
latest news coming from Apple's WorldWide Developer Summit.  So, what
does this have to do with IPv6?  Simply put, the explosive growth of
the Internet driven by computers, smart phones, netbooks, tablets and
the like,
More Info:

Online ad spending poised for 20-percent jump this year, Gigaom
Strong demand for U.S. display advertising is helping pump up
projections for the overall online advertising market, which is now
set to grow by 20 percent this year to $31.3 billion,according to new
estimates from eMarketer. The firm updated a previous estimate of 10
percent growth for 2011, largely on the strength of display
advertising which is now poised to overtake search advertising within
five years.
More Info: to Track Users for Two Years, EPIC
The White House modified its privacy policy for on June
3, 2011. The new policy is more than twice as long as the old policy.
The new policy states the White House web site now uses persistent
Google Analytics cookies that track users for up to two years.
Previously the site employed only single-session cookies, which were
automatically deleted when
More Info:

AT&T Statement on High-Tech, VC Support for T-Mobile Merger, AT&T
"We're pleased to have such strong support from Silicon Valley for our
merger.  These are among the most innovative companies and investors
in America, and they recognize the link between our merger with
T-Mobile and continued innovation in mobile broadband."
More Info:

Senate Confirms Former RIAA Lawyer for Solicitor General, Wired
The Senate late Monday confirmed former Recording Industry Association
of America lawyer Donald Verrilli serve as the nation's
solicitor general.
More Info:

Internet Engineers Criticize PROTECT IP DNS Plan, PK
Recently, a group of five prominent Internet engineers released a
paper detailing security and technical concerns regarding DNS
filtering in rogue website legislation like the PROTECT IP Act. The
paper highlights three broad sources of harm stemming from mandated
DNS redirects: interference with existing DNS security measures,
problems resulting from
More Info:

Reject the PROTECT IP Act, EFF
Big media and its allies in Congress are billing the PROTECT IP Act as
a new way to prevent online infringement. But innovation and free
speech advocates know that PIPA is nothing more than a dangerous wish
list that will compromise Internet security while doing little or
nothing to encourage creative expression.
More Info:

NOI National Strategy for Trusted Identities in Cyberspace NSTIC, NIST
The Department of Commerce (Department) is conducting a comprehensive
review of governance models for a governance body to administer the
processes for policy and standards adoption for the Identity Ecosystem
Framework in accordance with the National Strategy for Trusted
Identities in Cyberspace (NSTIC or "Strategy"). The Strategy refers to
this governance body as the "steering group."
More Info:

Facebook 'Face Recognition' Feature Draws Privacy Scrutiny, NYT
Facebook faces an investigation in the European Union over privacy
protections for its new "face recognition" photo feature, and a
privacy group plans to file a complaint in the U.S.
More Info:

Facebook facial recognition prompts EU privacy probe, CNET
European Union data-protection regulators say they will investigate
the social network's new photo-tagging feature, according to
More Info:

NIST NOI National Strategy for Trusted Identities in Cyberspace NSTIC, CT
NIST Notice of Inquiry: Models for a Governance Structure for the
National Strategy for Trusted Identities in Cyberspace Comments Due on
or before July 22, 2011SUMMARY: The Department of Commerce
(Department) is conducting a comprehensive review of governance models
for a governance body to administer the processes for policy and
standards adoption for the Identity Ecosystem Framework in
More Info:

Facebook stirs privacy ire with facial recognition, CW
Facebook's move to enable facial recognition across its entire social
networking site is raising some eyebrows -- and possibly some legal
woes -- over its privacy implications.
More Info:

SecurID tokens compromised, company admits, WAPO
RSA Security has offered to replace up to 40 million SecurID tokens —
devices used to securely log in to a computer — after hackers stole
information that compromised them, the company's chairman said Monday.
More Info:

Commerce Dept Proposes NewCybersecurity Policy Framework, CT
"The U.S. Department of Commerce today released a report that proposes
voluntary codes of conduct to strengthen the cybersecurity of
companies that increasingly rely on the Internet to do business, but
are not part of the critical infrastructure sector. The report,
Cybersecurity, Innovation and the Internet Economy, focuses on the
"Internet and Information Innovation Sector" (I3S)
More Info:

Thoughts on the Commerce Department's new cybersecurity paper, Google
The Internet has brought considerable social and economic benefit to
world, but today faces a broad range of security challenges. It's
important that governments and industry continue to work together to
meet those challenges.
More Info:

Hubbard v. MYSPACE, INC., SDNY 2011
Pltf's claimed Myspace disclosre of account information to law
enforcement violated stored communications act, on grounds that
Georgia magistrate lacked jurisdiction to issue warrant to Myspace in
California. Court rules that Georgia magistrate has sufficient
jurisdiction pursuant to 18 USC 2703(a)
More Info:

Davis v. State, Md, Ct Special Appeals MD
Maryland law enforcement did not violate ECPA when they wiretapped
Virginia registered phone, where call was originated in Virginia and
received in Virginia.
More Info:

There's a Secret Patriot Act, Senator Says, Wired
You think you understand how the Patriot Act allows the government to
spy on its citizens. Sen. Ron Wyden says it's worse than you know.
Congress is set to reauthorize three controversial provisions of the
surveillance law as early as Thursday. Wyden??(D-Oregon)??says that
powers they grant the government on their face, the government applies
a far ...
More Info:

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Asia Econ Inst v Xcentric :: Sec 230(c) defense successful (again)

Asia Economic Institute v. Ventures LLC, et al. Case No. CV 10-01360 SVW (PJWx). United States District Court, C.D. California. May 4, 2011.

Background: Plaintiff filed multiple claims against defendant dba RipOffReport based on unfavorable reports written by third parties on Defendants website. See sample Asia Economic Institute reviews on RipOffReport.

Procedure: Defendant's Motion for Summary Judgment based on Communication Decency Act's Good Samaritan Provision, 47 USC 230(c) Immunity

Issue: 47 USC 230(c) provides immunity for online services where the online service is not the author of the content. Specifically, Sec 230(c) provides that "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." 47 U.S.C. § 230(c)(1). Further, "No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section." 47 U.S.C. § 230(e)(3).

Def, who runs a website hosting third party reviews, has repeated been found to be a provider of interactive computer services, and immune from liability.

The reviews in question were written by third parties without involvement of the defendant. Minor style guide recommendations, insertion of tags and codes does not alter def as not the publisher of the content. The insertion of tags serves to promote online visibility of content and does not alter defendants status (citing in accord).

"In determining which of Plaintiffs' claims should be barred by the CDA, the CDA should be given the expansive reading that Congress intended. See 47 U.S.C. § 230(e)(3) ("No cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section.")."

Holding: Def Motion for Summary Judgment Granted; Case Dismissed pursuant to 47 USC 230(c)