Tuesday, April 17, 2012

4.17 :: Wrongful Acts Committed by Others :: Court Flouts First Amendment :: Dont Slow Us Down :: The 20% :: Trampling Our Privacy Rights ::

CyberTelecom News
Federal Internet Law and Policy

Casey G Watkins, Wireless Liability: Liability Concerns for Operators
of Unsecured Wireless Networks, SSRN
This paper focuses on the liability of wireless network operators for
the wrongful acts committed by others on their unsecured networks. The
premise of this paper is that the operator of an unsecured wireless
router is not liable for the wrongful acts of third parties committed
over his open Internet connection.

Court Flouts First Amendment, OKs Libraries' Internet Censorship Scheme, CDT
It's a basic First Amendment principle: Once a public library provides
a resource in its collection, it's up to the patron to decide how to
use it – the library doesn't control what parts of the encyclopedia a
patron can read after she takes it off the shelf, and it shouldn't try
to tell users what parts of

Jeff Bezos: Web gatekeepers, don't slow us down, CNET
Says Amazon's CEO in his annual letter to shareholders: "When a
platform is self-service, even the improbable ideas can get tried."

Netflix CEO calls out Comcast on net neutrality, Gigaom
When most Comcast subscribers complain, it's a blip. When the CEO of
Netflix vents to his 120,000 subscribers on Facebook, it's a salvo.
Reed Hastings doesn't agree with Comcast's approach to net neutrality
and caps — and he wants everyone to know it.

Information and Communication Technologies and Productivity Growth: A
Survey of the Literature, OECD
The wealth of nations and their economic fortunes are ultimately
driven by productivity. More productive workers earn higher wages and
experience higher living standards than past generations. Hence,
studying the driving forces behind productivity growth is an important
question for researchers and policymakers alike. This paper presents a
review of existing studies on dynamic, macroeconomic effects of ICT on

OECD Technical Workshop (II): Identifying an Appropriate Set of
Metrics and Indicators for Measuring Broadband and the Internet
Economy (hosted by Ofcom, London, UK. June 14-15 2012), ITAC
This workshop, hosted by UK Ofcom, will be held in London on 14-15
June 2012. This is a follow-up to the first OECD Metrics Workshop held
in Washington D.C (hosted by the US Federal Communications
Commission), in which ITAC participated.

20% of U.S. adults don't use the Web, CNN
Even though the Internet has become a key tool for accessing services,
getting an education, finding jobs, getting the news, keeping up with
people you know and much more, one in five U.S. adults still does not
use the Internet at all, according to a new Pew report.

Why one in five U.S. adults doesn't use the Internet, Pew
Even though the Internet has become a key tool for accessing services,
getting an education, finding jobs, getting the news, keeping up with
people you know and much more, one in five U.S. adults still does not
use the Internet at all, according to a new Pew report.

New Net Name System Mired in Controversy, WSJ
If you want to own your own top-level domain you have until Friday to
submit your application (along with the $180,000 fee). Once the
deadline passes, that is it for the foreseeable future.

Apple Under Criticism for Back-Pedaling on IPv6 Support, CircleID
Apple Computer's AirPort Utility, Version 6.0 was criticized this week
at the North American IPv6 Summit for no longer being compatible with
IPv6. The previous Version, 5.6, offered IPv6 service by default.
"Comcast, for example, is urging its subscribers that are interested
in using IPv6 not to upgrade to AirPort Utility Version 6.0 if they
use the OS X Lion operating system because of incompatibilities with

Plot thickens in Apple "bait apps" case, Gigaom
Apple came under fire last year from parents whose children had racked
up credit card charges on apps that were supposed to be "free." Apple
tried to throw out a law suit over the apps but has come up short
after a judge found the parents suffered sufficient harm to pursue the

Cogent Communications to Host First Quarter 2012 Earnings Call on May
3, 2012, Cogent
Cogent Communications (NASDAQ: CCOI) is a multinational, Tier 1
facilities-based ISP, consistently ranked as one of the top five
networks in the world. Cogent specializes in providing businesses with
high speed Internet access and point-to-point transport services.
Cogent's facilities-based, all-optical IP network backbone provides IP
services in over 175 markets globally.

F.C.C.'s Google Case Leaves Unanswered Questions, NYT
An investigation into Google's Street View project was left unresolved
because the engineer in charge declined to talk, according to an
interim report.

It's Official: Google Today Is Just Where Microsoft Was in 1999, Forbes
The Google co-founders promised us they wouldn't be evil. They're
looking more and more like Microsoft circa 1999.

FCC Fines Google $25,000 for Failure to Cooperate with Street View
Investigation, EPIC
The Federal Communications Commission announced that it will fine
Google $25,000 for obstructing an investigation concerning Google
Street View and federal wiretap law. The Commission found that Google
impeded by "delaying its search for and production of responsive
emails and

A Big Payoff, Virulent Word of Mouse
Google and Apple are two of the most profitable companies on the globe
today. They seem to share little in common except that achievement.
They took very different paths to the stratosphere.

"Guidelines for Improving Security and Privacy in Public Cloud Computing", NIST
Guidelines For Improving Security And Privacy In Public Cloud Computing

Ninth Circuit Narrows Reach of CFAA In En Banc US v Nosal Decision,
Info Law Group
The legal and online arenas have been abuzz the last several days in
response to the Ninth Circuit's issued en banc opinion in U.S v.
Nosal, 2012 WL 1176119 (9th Cir. April 10, 2012), addressing the reach
and scope of the oft-litigated and controversial, Computer Fraud and
Abuse Act (CFAA), codified at 18 U.S.C. § 1030. The crux of the
broader interest in the case has been recent applications of the CFAA

What Facebook Wants in Cybersecurity Doesn't Require Trampling On Our
Privacy Rights, EFF
Numerous commentators have noted the sore thumb in the group of
supporters for The Cyber Intelligence Sharing and Protection Act
(CISPA): Facebook. Why would a social network be endorsing a bill that
would allow companies to pass personal information about Internet
users to the

Nathan Alexander Sales, Regulating Cybersecurity, SSRN
The conventional wisdom is that this country's privately owned
critical infrastructure – banks, telecommunications networks, the
power grid, and so on – is vulnerable to catastrophic cyberattacks.
The existing academic literature does not adequately grapple with this
problem, however, because it conceives of cybersecurity in unduly
narrow terms: Most scholars understand cyberattacks as a problem of
either the criminal law or the law of armed conflict.

Gov't Says Consent Required for Third-Party Access, Daily Dashboard
The Department of Energy and Climate Change says third-party companies
will not be able to access consumer smart meter data without their
consent, Out-Law.com reports.

United States v. Jones is a Near-Optimal Result, Freedom to tinker
This morning, the Supreme Court handed down its decision in United
States v. Jones, the GPS tracking case, deciding unanimously that the
government violated the defendant's Fourth Amendment rights when it
installed a wireless GPS tracking device on the undercarriage of his
car and used it to monitor his movement's around town for four weeks
without a search warrant.

Orin Kerr, The Mosaic Theory of the Fourth Amendment, SSRN
In the Supreme Court's recent decision on GPS monitoring, United
States v. Jones (2012), five Justices authored or joined concurring
opinions that applied a new approach to interpreting Fourth Amendment
protection. Before Jones, Fourth Amendment decisions have always
evaluated each step of an investigation individually. Jones introduced
what we might call a "mosaic theory" of the Fourth Amendment, by which
courts evaluate a collective sequence of government activity as an
aggregated whole to consider whether the sequence amounts to a search.

US v. Nosal, Court of Appeals, 9th Circuit 2012, Fed Court
Many employers have adopted policies prohibiting the use of work
computers for nonbusiness purposes. Does an employee who violates such
a policy commit a federal crime? How about someone who violates the
terms of service of a social networking website? This depends on how
broadly we read the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. §

Ninth Circuit Ruling Trimming CFAA Claims for Misappropriation Reminds
Employers that Technical Network Security is the First Defense, New
Media and Tech Law Blog
The Ninth Circuit, sitting en banc, has upheld a district court's
dismissal of criminal charges under the Computer Fraud and Abuse Act
that were predicated on misappropriation of proprietary documents in
violation of the employer's computer use policy. United States v.
Nosal, No. 10-10038, 2012 U.S. App. LEXIS 7151 (9th Cir. Apr. 10,
2012). The ruling reinstates a split in the circuit courts on the
question of when an

Peter P Swire, From Real-Time Intercepts to Stored Records: Why
Encryption Drives the Government to Seek Access to the Cloud, Ohio
State University
This paper explains how changing technology, especially the rising
adoption of encryption, is shifting law enforcement and national
security lawful access to far greater emphasis on stored records,
notably records stored in the cloud. The major and growing reliance on
surveillance access to stored records results from the following

Bruce E Boyden, Can a Computer Intercept Your Email?, SSRN
In recent years it has become feasible for computers to rapidly scan
the contents of large amounts of communications traffic to identify
certain characteristics of those messages: that they are spam, contain
malware, discuss various products or services, are written in a
particular dialect, contain copyright-infringing files, or discuss
symptoms of particular diseases.

Google fined by FCC for impeding Street View probe, WAPO
The Federal Communications Commission has cleared Google of charges
that it illegally collected WiFi data using its Street View cars, but
fined the company $25,000 for obstructing the bureau's investigation.

Young Joon Lim and Sarah E. Sexton, Internet as a Human Right: A
Practical Legal Framework to Address the Unique Nature of the Medium
and to Promote Development , 7 Wash. J.L. Tech. & Arts 295
A Taiwanese court sentenced a blogger to 30 days of detention for her
comments that a restaurant's food was too salty and that the locale
was unsanitary. In Indonesia, a woman was sentenced to six months in
jail for libel after an e-mail she sent to friends about poor
treatment she received in a hospital was posted on Facebook. These are
not isolated cases of persecution, but part of a broad pattern of
challenges facing individuals around the world.

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