Wednesday, May 23, 2012

5.23 :: Unmask an Online Critic :: Ignorance is Strength :: I PO'd :: The Overman Committee :: Strike Six! :: No Confusion ::

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CyberTelecom News
Federal Internet Law and Policy
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Does the constitution protect anonymity?, Internet Cases
Yes, the constitution protects one's right to speak anonymously, but
only to a certain extent. The question of one's First Amendment right
to speak anonymously comes up pretty often in situations where a
plaintiff seeks to unmask the identity of someone who is alleged to
have committed an illegal act against the plaintiff online. Most often
it is a plaintiff seeking to unmask an online critic in a defamation
lawsuit.
http://blog.internetcases.com/2012/05/22/does-the-constitution-protect-anonymity/

FBI quietly forms secretive Net-surveillance unit, CNET
CNET has learned that the FBI has formed a Domestic Communications
Assistance Center, which is tasked with developing new electronic
surveillance technologies, including intercepting Internet, wireless,
and VoIP communications.
http://feedproxy.google.com/~r/cnet/tcoc/~3/bxRI3sAoav8/

The Netherlands Passes Net Neutrality Legislation, EFF
New legislation in the Netherlands makes it the first country in
Europe to establish a legal framework supporting net neutrality. In
addition to the net neutrality provisions, the law contains language
that restricts when ISPs can wiretap their users, and limits the
circumstances under which ISPs can cut off a subscriber's Internet
access altogether.
https://www.eff.org/deeplinks/2012/05/netherlands-passes-net-neutrality-legislation

FCC chairman supports broadband data caps amid Netflix protests, WAPO
The chairman of the Federal Communications Commission said Tuesday
that he supports tiered broadband Internet plans, a growing trend that
has drawn criticism from Netflix.
http://feeds.washingtonpost.com/click.phdo?i=d63dcbdde2068d40902cdfd6a07f0535

The Need for Flexibility In Broadband Pricing, AT&T
"FCC Chairman Genachowski made an important statement today in support
of usage-based pricing. This isn't the first time the chairman has
recognized the need for flexibility in broadband pricing, but his
words today come at a time when one company has been pushing the FCC
to impose a particular pricing model on Internet
http://attpublicpolicy.com/broadband-policy/the-need-for-flexibility-in-broadband-pricing/

The questions Genachowski should be asking about data caps, Gigaom
Federal Communications Commission Chairman Julius Genachowski
reiterated his acceptance of broadband data caps and tiered pricing,
at The Cable Show held today in Boston. In an interview with the
National Cable and Telecommunications Association Chair (and a former
FCC chairman himself) Michael Powell, Genachowski said he was in favor
of business model innovation.
http://feedproxy.google.com/~r/OmMalik/~3/zJphSmhCm7c/

Spectrum Crisis Impact on Data Caps, WCAI
The uproar over major wireless carriers capping data usage is getting
louder. This week, a major carrier announced it will be ending
unlimited data plans even for customers with "grandfathered-in" status
when they introduce tiered shared plans this summer.
http://wcaupdate.blogspot.com/2012/05/spectrum-crisis-impacts-data-caps.html

EFF is Joining the Transition to IPv6, EFF
EFF is proud to participate in World IPv6 Launch Day on June 6, 2012.
https://www.eff.org/deeplinks/2012/05/eff-joining-transition-ipv6

GROUPION, LLC. v. GROUPON, INC., Dist. Court, ND California 2012, Fed Court
The Court finds that, when viewing the evidence in the light most
favorable to Groupion, upon balancing the Sleekcraft factors, no
reasonable juror could find that Groupon is using a confusingly
similar mark. See Surfvivor Media, 406 F.3d at 628 (granting summary
judgment where "no material issue of fact was raised reflecting
confusion between the marks). Accordingly, the Court grants Groupon's
motion for summary judgment on Groupion's claims for trademark
infringement and unfair competition.
http://scholar.google.com/scholar_case?case=6437722479075742893

Facebook, Zuckerberg sued over IPO, CNET
The lawsuit charges the defendants with failing to disclose in the
run-up to Friday's IPO "a severe and pronounced reduction" in
forecasts for Facebook's revenue growth
http://feedproxy.google.com/~r/cnet/tcoc/~3/eC37sHSwJwo/

Google Acquires Motorola Mobility, Google
The phones in our pockets have become supercomputers that are changing
the way we live. It's now possible to do things we used to think were
magic, or only possible on Star Trek--like get directions right from
where we are standing; watch a video on YouTube; or take a picture and
share the moment instantly with friends.
http://feedproxy.google.com/~r/GooglePublicPolicyBlog/~3/UDYZYPek29A/google-acquires-motorola-mobility.html

Why Did Pakistan Shut Off Twitter?, VOA
It only lasted for about 8 hours, but that was long enough to start a
whole new round of Internet rumor and worry.
http://blogs.voanews.com/digital-frontiers/2012/05/22/why-did-pakistan-shut-off-twitter/

Pakistan restores Twitter access, BBC
Pakistani authorities restore access to the social media website
Twitter after a brief ban for what officials called "offensive"
content".
http://www.bbc.co.uk/news/world-asia-18138278#sa-ns_mchannel=rss&ns_source=PublicRSS20-sa

Supreme Court lets stand $675K fine for music downloads, CW
The Supreme Court on Monday declined to consider the petition of Joel
Tenenbaum, a former doctoral student at Boston University who faces a
fine of US$675,000 for illegally downloading 30 songs.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/sSPlgigKjt8/Supreme_Court_lets_stand_675K_fine_for_music_downloads

ISP 'Six Strikes' Plan Delayed? - Still Likely to Be Implemented
'Later This Year', DSLReports
Last summer major ISPs including Comcast, AT&T, Verizon and
Cablevision signed off on a new plan by the RIAA and MPAA taking aim
at copyright infringers on their networks. According to the plan,
after four warnings ISPs are to begin taking "mitigation measures,"
which range from throttling a user connection to filtering access to
http://www.dslreports.com/shownews/ISP-Six-Strikes-Plan-Delayed-119634

F.C.C. Weighs Treating Video Sites Like Cable Companies, NYT
The Federal Communications Commission is considering giving online
distributors like Hulu and YouTube the same rights and
responsibilities enjoyed by cable companies.
http://feeds.nytimes.com/click.phdo?i=be5a35ab5740ec151d3cece17dd52598

Americans watched 37 billion online videos last month, CNET
People in the U.S. gobbled up a whole lot of videos from YouTube,
Facebook, Yahoo, Hulu, and other sites in April, according to
ComScore.
http://feedproxy.google.com/~r/cnet/tcoc/~3/luP57nicpaM/

Nancy King, Protecting the privacy and security of sensitive customer
data in the cloud, Computer Law & Security Review
The global ubiquity of cloud computing may expose consumers' sensitive
personal data to significant privacy and security threats. A critical
challenge for the cloud computing industry is to earn consumers' trust
by ensuring adequate privacy and security for sensitive consumer data.
Regulating consumer privacy and security also challenges government
enforcement of data protection laws that were designed with national
borders in mind. From an information privacy perspective, this article
analyses how well the
http://www.sciencedirect.com/science/article/pii/S0267364912000556

Putting Twitter's "Do Not Track" Feature in Context, White House
This week, we got some terrific news about new ways individuals can
protect their privacy on the internet.
http://www.whitehouse.gov/blog/2012/05/19/putting-twitter-s-do-not-track-feature-context

Deirdre K. Mulligan and Jennifer King, Bridging The Gap Between
Privacy And Design , Journal of Constitutional Law
This article explores the gap between privacy and design in the
context of "lateral privacy"— privacy issues arising among users of a
service rather than from the service provider—on social networking
sites (SNSs) and other platforms by analyzing the privacy concerns
lodged against the introduction of Facebook's News Feed in 2006. Our
analysis reveals that the dominant theory of
http://www.law.upenn.edu/journals/conlaw/articles/volume14/issue4/MulliganKing14U.Pa.J.Const.L.989(2012).pdf

FTC taps privacy advocate Paul Ohm as adviser, CW
The U.S. Federal Trade Commission has hired Paul Ohm, a privacy
advocate and critic of current online privacy practices, as a senior
privacy adviser for consumer protection and competition issues
affecting the Internet and mobile services.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/jATTSzprRUg/FTC_taps_privacy_advocate_Paul_Ohm_as_adviser

U.S. spy agency looking to train students in cyber ops, CNET
New college program accredited by National Security Agency to prepare
students for future careers in cyber operations
http://feedproxy.google.com/~r/cnet/tcoc/~3/2hVG91WeRzs/

Lisa Ugelow, Lance Hoffman, Fighting on a New Battlefield Armed with
Old Laws: How to Monitor Terrorism in a Virtual World, Journal of
Constitutional Law
The United States has always relied in part on surveillance prac-
tices to obtain information about foreign governments, international
and domestic organizations, and citizens of the United States. The
twentieth century exemplifies this behavior. In 1918, the Overman
Committee was established to investigate pro-German sentiments,
http://www.law.upenn.edu/journals/conlaw/articles/volume14/issue4/UgelowHoffman14U.Pa.J.Const.L.1035(2012).pdf

Proactive Policy Measures by Internet Service Providers against
Botnets (OECD Digital Economy Paper 199), OECD
This report analyses initiatives in a number of countries through
which end-users are notified by ISPs when their computer is identified
as being compromised by malicious software and encouraged to take
action to mitigate the problem.
http://www.oecd.org/topic/0,3699,en_2649_37441_1_1_1_1_37441,00.html?rssChId=37441#50423552

Google warns users infected with DNSChanger as Web outage nears, CW
Google on Tuesday hauled out a tool it last used nearly a year ago to
warn users infected with the "DNSChanger" malware.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/gEZYS-YSKKg/Google_warns_users_infected_with_DNSChanger_as_Web_outage_nears

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