Saturday, February 18, 2012

2.15 :: 67 Cases :: Crowded :: Linus' Law :: Depressing :: That Must Be Illegal :: Smartphone, Dumb Regs :: Fear-mongering Surveillance

CyberTelecom News
Federal Internet Law and Policy

>> This was cued up early this week and I never got it out. Sorry.

Got Open WiFi? Get a lawyer., Forbes
Sometime ago I wrote about how your WiFi might be hacked due to a
technical SNAFU in something that is a standard feature of WiFi access

Would a "right of reply" f ix Section 230 of the Communications
Decency Act?, Intl J of Law and Info Tech
Section 230 of the Communications Decency Act provides immunity from
defamation claims to ISPs and website owners for materials posted by
third parties. However, the statute also imposes a hardship on the
victims of that defamation, since they are often left without a remedy
against an anonymous

"Network Neutrality": the meme, its cost, its future, CAIDA
k. claffy, "'Network Neutrality': the meme, its cost, its future", ACM
SIGCOMM Computer Communication Review (CCR), vol. 41, no. 1, pp.
44--45, Sep 2011.

Net neutrality and the EU electronic communications regulatory
framework, Intl J of Law and Info Tech
For the most part, the current Internet is open, the whole Internet is
available to anyone who connects to it. The reason for this openness
is that the network

AT&T Throttles Customers, Comes Under Fire, Forbes
AT&T is under fire for throttling its top data users, as the spectrum
crunch gradually renders unlimited data plans a thing of the past.

ACPA Part 8: Sixty Seven Cases, Cybertelecom
These posts review the first 11 years of AntiCybersquatting Consumer
Protective Act (ACPA) dispositive federal caselaw. Decisions were
found by searching Google Scholar for the term "cybersquatting,"
reviewing cases cited by uncovered cases and literature, and tracking
new cases

Will the UN take over Net governance?, TLF
Over at I write that we should keep a close eye on moves by
Russia, China and other countries to move Internet governance to the

The World Of Open Textbooks Just Became A Little More Crowded -- And A
Little More Open, Techdirt
Open e-textbooks are hardly new: Techdirt has been reporting on the
pioneer in this market, Flat World Knowledge, for several years now.
But a new entrant called OpenStax College is noteworthy for a number
of reasons:

Justice Department OKs Google's bid for Motorola, CNET
The Justice Department says it doesn't believe that Google's $12.5
billion acquisition of Motorola Mobility will affect competition.

Iran Starts Blocking All Encrypted Traffic - As Tor Works on Solution
to Bypass Iranian Filters, DSLReports
Late last year Iranian leaders made it a criminal offense to bypass
the country's Internet filters using VPNs or any other technology. The
announcement by Iranian Telecommunications Minister Reza Taghipour
insisted the move was made to combat a "soft war being waged by

Canada wants warrantless Internet spying, says critics support child
porn, Ars Technica
Canada's conservative government has re-introduced an Internet
surveillance bill that would allow the government to obtain
information about Internet subscribers—without a warrant.

The Curious Case of the D.C. District's Anonymity Orders, Citizens
Media Law Project
Just before Christmas 2011, a federal magistrate working under D.C.
District Court issued a… curious ruling. The case is Hard Drive v.
Does 1-1,495, another one of these mass-joinder copyright-infringement
cases. I recommend hitting that link for the full story, but here's
the basic sketch:

EU Official Who Resigned Over ACTA Details Why ACTA Is Dangerous;
While His Replacement Seems Unlikely To Care, Techdirt
Last month, we noted that, Kader Arif, the ACTA rapporteur -- or the
guy in charge of "investigating" ACTA for the EU Parliament -- had
resigned in disgust over the fact that the EU was moving forward with
ACTA. He noted that he was denouncing both the process and the
agreement itself. Arif

Jessica Wang, A Brave New Step: Why the Music Industry Should Follow
the Hulu Model, IDEA
The single greatest problem facing the music industry today is its
inability to find an effective response to illegal music downloading.
Approximately ninety-five percent of music was downloaded illegally in
2008,1 and one can

Germany Won't Sign ACTA, Forbes
It worked against SOPA, and it seems like the massive mobilization of
internet protests may be derailing the once-inevitable ACTA as well.

The range of Linus' Law, Virulent Word of Mouse
After more than a decade of successful growth, Wikipedia continues to
defy easy characterization. It receives more than 400 million viewers
per month. Close to four million articles grace its web pages in
English alone. Volunteers built the entire corpus of text.

Depressing: News Sites Are Their Own Biggest Advertisers, Forbes
Broadly speaking, legacy publishers have done a terrible job of
convincing the marketers who advertise with them in print to extend
their relationships to the digital realm. A new report from the Pew
Research Center's Project for Excellence in Journalism shows just how

EFF Unveils New Project: Bloggers Under Fire, EFF
2011 was by many accounts 'the year of the protester.' From Tunisia
to Oakland, activists took to the streets—and to social networks—to
express themselves and their grievances. But while many were
successful in using online tools in their activism, others faced grave

Oh No! Car Dealers Might Have To Deal With Informed Customers! That
Must Be Illegal!, Techdirt
A few folks sent over this recent NY Times article about how the
traditional auto sales world was apparently up in arms about a company
called TrueCar that seeks to make the process of buying cars easier by
providing more info to buyers about what cars are actually selling
for, what the

Netflix Cuts Q4 Profits To Reflect Suit Settlement; Shrs Off, Forbes
Netflix has reduced its previously reported Q4 profits to 64 cents a
share from 73 cents.

Netflix pays $9 million to settle privacy violation lawsuit, CNET
After a higher-than-expected fourth quarter, the video subscription
service unburdens itself of a pending yearlong class action suit and
settles for $9 million.

Take that, Netflix: Hulu premieres Battleground series, Gigaom
Hulu launched its first original scripted series Battleground Monday
night, just one week after Netflix started its foray into original
programming with Lilyhammer.

Tidbits from the FCC's Proposed Budget, Telecom Law Monitor
Yesterday, the FCC released its proposed budget for fiscal year 2103
(beginning in October 2012). The budget offers a few interesting
insights into the balance of the FCC's functions. It also offers a
preview of what to expect with the FCC's regulatory fees, which are
due in September of each year. See below for more.

VIDEO: Who owns your online personal data?, BBC
David Reid reports on the new European Commission directive that aims
to put you back in charge of your data.

NIST Proposes Governance Structure for Internet Identity, EPIC
The National Institute of Standards and Technology has released a
report detailing the governance structure for the White House's
National Strategy for Trusted Identities in Cyberspace. EPIC, joined
by the Liberty Coalition, submitted comments on the original proposal,

Smartphone, Dumb Regulations: Mixed Signals in Mobile Privacy, Fordham
IP Media & Ent LJ
If you happen to use one of the 200 million1 iPhone, iPad, and iPod
touch devices on the planet, Apple knows where you are.

Anonymous Hacks CIA Website, Forbes
"CIA TANGO DOWN" reads an Anonymous-affiliated Twitter account. It's
military-speak for eliminating a hostile force that has infilitrated
hacker circles as an announcement of a successful attack.

Staff-led Background Briefing on Cybersecurity Act of 2012, Senate Commerce
The Senate Committees on Commerce, Science, and Transportation and
Homeland Security and Governmental Affairs will host a staff-led
background briefing on bipartisan cybersecurity legislation, the
Cybersecurity Act of 2012.

FDA defends its monitoring of whistle-blowers' email, CW
The FDA Friday said it monitored the private email accounts of nine
agency whistle-blowers starting in 2010 to determine whether any of
them leaked confidential information to the public.

FBI seeks social media monitoring tool, CW
In a move that's unlikely to sit well with privacy advocates, the FBI
has begun scouting for a tool that will allow it to gather and mine
data from social networks like Facebook, Twitter and blogs.

15 Years On, President Clinton's 5 Principles for Internet Policy
Remain the Perfect Paradigm, Forbes
What principles should guide Internet policy? Fifteen years ago, the
Clinton Administration proposed a paradigm for how cyberspace should
be governed that remains the most succinct articulation of a
pro-liberty, market-oriented vision for cyberspace ever penned. It
recommended that we

"If there are no dogs in Heaven, then when I die I want to go where
they went."-Will Rogers
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