Thursday, March 01, 2012

3.1 :: Resigns :: Ubiquitous :: Failed Conspiracies :: a Disaster :: Suicide King :: UnlimiWhat? :: Remember AIM? :: a ship with an anchor ::

CyberTelecom News
Federal Internet Law and Policy

LightSquared CEO Resigns, WSJ
LightSquared's CEO and an executive vice president stepped down in the
wake of a regulatory setback that has forced the wireless venture to
rethink its multibillion-dollar strategy to roll out a new
fourth-generation network.

Robert G. Larson† and Paul A. Godfread, BRINGING JOHN DOE TO COURT:
The Internet is ubiquitous. Over the past two decades, it has
grown and evolved, overcome boundaries, and defied containment. The
Internet can now be accessed not only through a designated

The Economics of Network Neutrality, TAP
Professor Nicholas Economides discusses his new article, co-authored
with Benjamin Hermalin, on "The Economics of Network Neutrality."

The Wayward ACPA Part 11: "The Courts Do Not Apply a Mechanistic
Scorecard", Cybertelecom
Looking over 11 years of AntiCybersquatting Consumer Protection Act
(ACPA) caselaw, I can now test how the courts have wandered astray
with their decisions. In my last post, I once again hypothesized about
the error of the courts ways --- in a way that turned out to not be so
true. But this time, this time is different. The reason this time is
different is because it aint my conspiracy

The Wayward ACPA Part 10: "More Reasoned Decisions Mean Domain Name
Owner Wins", Cybertelecom
Looking over 11 years of AntiCybersquatting Consumer Protection Act
(ACPA) caselaw, I can now test how the courts have wandered astray.
Last post, I tested my conspiracy theory that the court's analysis was
all about trademark, and they ignored the unique characteristics of
the Internet. That proved not to be so true. This time, my conspiracy
theory is that in order to favor trademark

Threats Against DNS Root Servers, Icann
We have been receiving questions from various parties concerning the
recent threat against the Internet's root servers that is purported to
have originated with the group Anonymous.

Schmidt: Handing over Control of Internet, DNS to the UN a Disaster,
Will Divide the Internet, Circleid
During the Mobile World Congress 2012, Google's executive chairman
Eric Schmidt, today warned against United Nations' treaty aimed at
bringing more Internet regulation. "That would be a disaster… To some,
the openness and interoperability is one of the greatest achievements
of mankind in our lifetime. Do not give that up easily. You will
regret it.

FTC Will Host Public Workshop to Explore Advertising Disclosures in
Online and Mobile Media on May 30, 2012, FTC
The Federal Trade Commission will host a day-long public workshop to
consider the need for new guidance for online advertisers about making
disclosures required under FTC law.

U.S. Seizes Canadian-Owned and Registered Domain Name, Geist
The EasyDNS blog has an excellent - albeit scary - post on the U.S.
government seizure of, the Canadian-owned online gambling
site. The domain was seized by the U.S. Department of Homeland
Security despite the fact that it was Canadian registered. The only
U.S. connection is that the dot-com registry is located in the U.S.
The move sends a message that all dot-com, dot-net, and dot-org
domains are ultimately subject to U.S. jurisdiction.

Feds Continue Crackdown On Poker... By Seizing The Wrong Bodog Domain, Techdirt
The feds domain name seizure powers seem simple enough (if of
extremely questionable legality, seeing as domains involve speech
which requires a higher standard to seize), so it really amazes me how
badly they seem to regularly screw up in using them. The latest is the
seizure of as well as the indictment of Bodog boss Calvin
Ayre. While there's been lots of attention paid to the seizures of
sites having to do with copyright and trademark infringement,

Don't bet on "Linsanity": US seizes online gambling domain over sports
wagers, Ars Technica
As the result of a long-running investigation that dates back to at
least 2006, the US Attorney's Office for the District of Maryland
unsealed on February 27 a two-count indictment against Bodog
Entertainment Group and four Canadian individuals for allegedly (1)
conducting an online sports betting business in

AT&T's New Data Policy for Heavy Users, Forbes
Under a new policy announced Thursday, AT&T has established clear
thresholds for unlimited data subscribers – those who exceed 3GB a
month and 4G LTE smartphone owners who surpass 5GB.

AT&T DSL: Getting What I Pay For?, CW
Gibbs discovered that his DSL service can start at a lower line speed
than he signed up for and he's not happy

Comcast Files First Annual Compliance Report on NBCUniversal Deal, Comcast
Today, Comcast and NBCUniversal filed our first annual report
detailing implementation of the conditions adopted by the FCC in the
NBCUniversal Transaction Order. We'll be filing these reports for the
next six years to show the extensive measures we've taken to comply
with and in many cases go above and beyond our commitments and the
FCC's conditions in connection with the NBCUniversal transaction.

AOL Cuts AIM Staff, WSJ
AOL plans to lay off as many as 50 employees at its AIM unit, best
known for its Instant Messenger communication service.

Eric Goldman, Revisiting Search Engine Bias, WMLR
Questions about search engine bias have percolated in the academic
literature for over a decade. In the past few years, the issue has
evolved from a quiet academic debate to a full blown

Damaged Ocean Cable Cripples Internet In East Africa, NPR
In East Africa, the Internet has slowed to a crawl thanks to a
disruption of the telecommunications pipeline serving the region. Over
the weekend, a ship dragging an anchor severed one of the three
undersea data cables linking countries that include Kenya, Rwanda and
Ethiopia to the Middle East and Europe. It may take about three weeks
to fix. Audie Cornish talks to Solomon Moore, East Africa
correspondent for the Wall Street Journal.

CRTC Finds More Rogers Throttling Violations - Pursues ISP Despite
Pledge to Stop Throttling Completely, DSLReports
From crippling encryption and VPNs to throttling legitimate apps and
games like World of Warcraft, Canadian cable operator Rogers has been
the poster boy for ham fisted network management, accounting for
nearly half of all network neutrality infractions in Canada.
Responding to repeated consumer and regulatory

Cloud Computing Update: Best Practices for Acquiring IT as a Service,
The Administration's Federal Cloud Computing Strategy requires
agencies to default to cloud-based solutions whenever a secure,
reliable and cost-effective cloud option exists – however, the move to
the cloud requires a dramatic shift in the way Federal agencies buy IT
– from capital expenditures to operating expenditures. With this shift

Roland L. Trope and Sarah Jane Hughes, Red Skies in the
Morning—Professional Ethics at the Dawn of Cloud Computing, WMLR
For three decades, the practice of law has adjusted to the incoming
tide of the Digital Era. The tide has not raised all boats. What has
required so much adjustment is the arrival of a succession of new
communications technologies.

EPIC Urges DHS to Abide by Privacy Laws When Conducting Technology
Research, Epic
Earlier this week, EPIC submitted comments to the DHS on "The Menlo
Report: Ethical Principles Guiding Information and Communication
Technology Research." DHS sought public views on the privacy
implications of ethical human subject research in information and
communication technology research. EPIC said that many federal privacy
laws, such as the Privacy Act of 1974, set out legal standard for how
government agencies should protect personal data.

Reading the Privacy Policies You Encounter in a Year Would Take 76
Work Days, Center for Internet and Society
no description

Protecting Your Privacy Amid Google Policy Changes, NPR
Starting on March 1, when you sign into Google and use its dozens of
popular services, it will combine that personal data to make a fuller
portrait of you and send more targeted ads. Host Michel Martin and The
Washington Post National Technology Reporter Cecilia Kang discuss what
concerned users can do.

Google privacy rules break law, EU Justice Commissioner says, Globe
Data agencies of EU member states say Google' consolidation of 60
privacy guidelines into one violates the privacy

Multistakeholder Process to Develop Consumer Data Privacy Codes of Conduct, NTIA
NTIA is requesting comment on substantive consumer data privacy issues
that warrant the development of legally enforceable codes of conduct,
as well as procedures to foster the development of these codes. NTIA
invites public comment on these issues from all stakeholders with an
interest in consumer data privacy, including the commercial, academic
and civil society sectors, and from federal and state enforcement
agencies. Written comments may be submitted

Moving Forward with the Consumer Privacy Bill of Rights, NTIA
Last week the Obama Administration unveiled a Consumer Privacy Bill of
Rights, part of a comprehensive blueprint to improve consumers'
privacy protections in the information age and promote the continued
growth of the digital economy. These rights enumerate the specific
protections that consumers should expect from companies that handle
personal data, and set expectations for the companies that use
personal data. While the Administration will work with Congress to
enact legislation based on these rights, we are moving forward now to
put these principles into practice.

Adam Pabarcus, Are "Private" Spaces on Social Networking Websites
Truly Private? The Extension of Intrusion upon Seclusion, WMLR
In 2006, Brian Pietrylo was a server at a Houston's restaurant
operated by Hillstone Restaurant Group in Hackensack, New Jersey.2
While working at Houston's, Pietrylo created a MySpace group called
the "Spec-Tator."

AT&T on Cybersecurity Legislation, AT&T
"We commend the Senators for introducing the Strengthening and
Enhancing Cybersecurity by Using Research, Education, Information, and
Technology Act, and for their leadership in addressing a critically
important issue for the U.S. economy.

Keeping the NSA out of civilian cybersecurity: there's a reason, Tech
Liberation Front
Tomorrow Sen. John McCain, along with five other Republican senators,
plans to unveil a cybersecurity bill to rival the Lieberman-Collins
bill that Majority Leader Harry Reid has said he plans to bring to the
Senate floor without an official markup by committee.

Will NSA Power Grab Imperil Cybersec Consensus?, CDT
In recent weeks, policymakers have been working to reach consensus on
steps to strengthen the nation's cybersecurity capabilities, but the
National Security Agency's campaign to expand the military's role in
protecting private sector systems threatens to derail forward

Revision of SP 800-53 Addresses Current Cybersecurity Threats, Adds
Privacy Controls, NIST
A major revision of a Federal Information Security Management Act
(FISMA) publication released today by the National Institute of
Standards and Technology (NIST) adds guidance for combating new
information security threats and ..

U.S. Wants You to Hunt Fugitives With Twitter, Wired
A worldwide manhunt kicks off at the end of March -- a search across
America and Europe for five fugitives, identifiable only by their mug
shots. The successful team of trackers not only gets a $5,000 bounty
from the U.S. State Department. They demonstrate to the planet's law
enforcement and intelligence agencies that they can hunt down fleeting
suspects using nothing but their wits and social media connections.

Only The DOJ Knows: The Secret Law of Electronic Surveillance,
University of San Francisco Law Review
This article examines a troubling pattern in the application of
federal law enforcement surveillance statutes -- namely, those
portions of the Electronic Communications Privacy Act of 1986 (the
"ECPA") sometimes known as the Pen Register Statute ("PRS") and the
Stored Communications Act ("SCA") -- whereby federal prosecutors
secretly and routinely obtain court authorization for surveillance
that Congress did not intend and which may violate the Fourth

Darpa Warns: Your iPhone Is a Military Threat, Wired
There's a growing threat to the U.S. military, according to the
Pentagon's premier research wing. No, it's not Iran's nukes or China's
missiles. It's the iPads, Android phones and other gadgets we all
carry around with us every day.

FCC Extends Outage Reporting Requirements To All Interconnected VoIP
Providers, Telecom Law Monitor
On February 21, 2012, the Federal Communications Commission issued a
Report and Order ("Order") adopting outage reporting requirements for
both facilities-based and non-facilities-based interconnected Voice
over Internet Protocol ("VoIP") service providers on a mandatory basis
in order to further ensure reliable 9-1-1 service. Outage notification
and reporting requirements currently apply to a variety of voice
providers, including wireline carriers, CMRS providers,

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