Monday, June 25, 2012

6.25 :: 200 kbps in one direction :: Wifi Tapping is Tech in General Public Use :: Ugly Opinion :: Internet Power Grabs :: Boon for Criminals ::

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         CyberTelecom News Weekly

      Federal Internet Law and Policy

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Trying to revamp the news a little.  Feedback Welcome.

Wednesday, June 27
 FCC TAC
Friday, July 13
 2012 Symposium on Usable Privacy and Security (SOUPS)
 Wikimania 2012 conference

FCC RELEASES NEW DATA ON INTERNET ACCESS SERVICES, FCC
This report summarizes information about Internet access connections over 200 kilobits per second (kbps) in at least one direction in service in the United States on June 30, 2011, as collected by FCC Form 477. Form 477 gathers standardized information about subscribership to Internet access services in the fifty states, District of Columbia, and inhabited insular areas (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and U.S. Virgin Islands). The information is reported by telephone companies, cable system operators, terrestrial wireless service providers, satellite service providers, and other facilities-based providers of advanced telecommunications capability Keyword: [Sec. 706]

OECD/BEREC Workshop Report, Potaroo
I presented at a OECD/BEREC workshop that was held on the 20th June in Brussels, and I'd like to share some personal impressions and opinions from this workshop about the state of the regulatory conversation about interconnection in the Internet. Keyword: [Backbones]

Verizon and AT&T statement regarding ARCEP's attempt to regulate Internet peering and transit agreements, Verizon
the new reporting obligations violate the deregulatory principles of the European regulatory framework, and are unjustified in light of the competitive nature of the Internet wholesale market. Up until now, no European regulatory authority has identified any market failure, or applied regulation to Internet wholesale arrangements. Keyword: [Backbones]

US v. Sayer, Dist. Court, D. Maine 2012, Fed Court
The defendant argues that regardless of the legality of the driveway turnaround, it was still an illegal warrantless search to do a "wireless survey of WiFi/Internet signals" on October 29, 2009. The defendant relies upon the reasoning of Kyllo v. United States, 533 U.S. 27 (2001). There, the Court held that law enforcement "use of a thermal-imaging device aimed at a private home from a public street to detect relative amounts of heat within the home," 533 U.S. at 29, was a search for Fourth Amendment purposesâ€""at least where (as [in Kyllo]) the technology in question is not in general public use." Id. at 35. Unlike Kyllo, what law enforcement detected here was not a signal that was in or coming from the defendant's residence; instead, the assertion is that the detected signals came from a wireless router in a neighbor's house across the street. (Apparently part of the government's case is that the defendant used others' wireless access so that his actions could not be traced to him.) Moreover, the technology that they used is in general public use; anyone with a laptop with wireless capability can find evidence of WiFi signals. This is not Kyllo's advanced technology "not in general public use." Keyword: [WIFI]

Lansing v. SOUTHWEST AIRLINES COMPANY, Ill: Appellate Court, 1st Dist., 6th Div. 2012, State Court
We find that section 230(c) of the CDA does not apply to plaintiff's negligent supervision cause of action because any issue concerning whether defendant acted like a publisher or speaker of the offensive material is irrelevant to plaintiff's pled claim. Plaintiff's negligent supervision cause of action does not require publishing or speaking as a critical element, and holding defendant liable for its failure to supervise its employee after defendant had received notice of the employee's wrongful conduct does not treat defendant as if it were the publisher or speaker of the alleged e-mails and texts. Keyword: [47 USC 230]

Section 230 Doesn't Protect Employer From Negligent Supervision Claim--Lansing v. Southwest Airlines. Warning: Ugly Opinion, Tech & Marketing Law Blog
Keyword: [Samaritan]

Once You Pass the Bar, Try Winning EFF's Cyberlaw Quiz, EFF
Keyword: [Cyberlaw]

13 million Americans made donations online after Hurricanes Katrina and Rita, Pew
This press release is on the Pew Internet Project data memo on online donations and news consumption pertaining to Hurricanes Katrina and Rita Keyword: [Data]

ICANN replaces CEO, head of massive domain-name change, CNET
Keyword: [ICANN]

UN 'Internet Takeover' About Subsidizing Phone Companies - Glorified Version of Ed Whitacre and AT&T's 'Troll Toll' Proposals, DSLReports
Keyword: [ICANN]

We Must Take UN’s Internet Grab Seriously, Reason
Keyword: [ICANN]

Is IPv6 a Boon to Criminals and Foe to the FBI?, CircleID
The issue being discussed here is really all about RIR (Regional Internet Registry) Whois database accuracy. The RIR Whois databases contain the records of who holds what IP addresses, down to a level of granularity dependent on that RIRs specific policies. When law enforcement Keyword: [IPv6]

World IPv6 Launch : A Longer View, Arbor Networks
As we have noted before, World IPv6 Launch wasn’t like flipping a switch and seeing a sudden spike of IPv6 traffic. Instead, it was a more gradual ramp-up of traffic starting about two weeks before the day itself. This resulted in IPv6 traffic growing from 0.06% to almost 0.15% of all Internet traffic in the weeks leading up to June 6. Keyword: [IPv6]

IPv6: Still on the Radar, ICANN
Building on the success of the World IPv6 Day held in 2011, the World IPv6 Launch event was held on 6 June 2012 and resulted in some of the world’s biggest Internet Service Providers (ISPs) and content distribution networks permanently enabling IPv6 access for their sites and services, bridging one of the most significant gaps on the road to universal IPv6 access. Keyword: [IPv6]

Helping our Nation’s Cities Through Open Government and Innovation, White House
Cities around the country are facing challenges, from increasing service demands, to tight budgets, to aging infrastructure. But city leaders are increasingly finding new and innovative ways to tackle these challenges, in part by harnessing the inherent power of the citizens that live there. Keyword: [eGov]

Google Responds to ICO Investigation, Daily Dashboard
Keyword: [Google]

Twitter explains outage, apologizes for downtime, CW
Keyword: [Twitter]

Twitter explains Thursday outage, CW
Keyword: [Twitter]

The ITU and Your Internet, Digital Beat
On June 20, the House Commerce Committee approved, on a voice vote, House Congressional Resolution 127 regarding actions to preserve and advance the multistakeholder governance model under which the Internet has thrived. Keyword: [ITU]

The UN’s ‘Internet takeover’ and the politics of Kumbaya, TLF
When it comes to the UN exerting greater control over Internet governance, all of us who follow Internet policy in the U.S. seem to be on the same page: keep the Internet free of UN control. Many folks have remarked how rare this moment of agreement among all sidesâ€"right, left, and Keyword: [ITU]

The ITU, WCIT and Internet Freedom, Wetmachine
Very few people ever heard of the International Telecommunications Union (ITU) until recently â€" and with good reason. For more than 100 years, the ITU managed quite nicely serving as the forum for countries and telecom carriers to coordinate insanely-technical-mind-numbingly-boring-but-really-really-important Keyword: [ITU]

Ethiopia's Ban on Skype: An Excessive Stretch, CircleID
Most international Medias picked the story wrong. And I see it being repeated. It is true that there is some legislative initiative regarding the regulation of VoIP calls and mainly the telecommunication sector in Ethiopia. But the initiative is just a draft, noting more. Besides there is no such a thing as 15 years punishment in the draft law for using Skype. Keyword: [Ethiopia]

Use VoIP in Ethiopia, Go to Prison - Government Declares War on the Internet, DSLReports
Keyword: [Ethiopia]

Iran targeted by 'massive cyberattack,' official claims, CW
Keyword: [Iran]

Paper ties US and Israel to Flame, BBC
Keyword: [Iran]

Carreon Admits His Original Threat Letter Was A Mistake, But Keeps On Digging Anyway, Techdirt
Keyword: [Copyright]

Electronic Frontier Foundation Throws Its Weight Behind The Oatmeal, Forbes
Keyword: [Copyright]

EFF Will Represent The Oatmeal Creator in Fight Against Bizarre Lawsuit Targeting Critical Online Speech, EFF
Inman started his campaign last week as part of a protest over legal threats he received from the website FunnyJunk. In 2011, Inman published a blogpost noting that FunnyJunk had posted many of his comics without crediting or linking back to The Oatmeal. A year later, FunnyJunk claimed the post was defamatory and demanded $20,000 in damages. Inman crafted a unique response, which included some comic art. Instead of paying the baseless demand, Inman asked for donations for the American Cancer Society and the National Wildlife Federation. The campaign raised more than $200,000 so far. Keyword: [Copyright]

Feds want publishers in e-book case to rat on Apple, CNET
Keyword: [Media]

SHARON GILLETT, CHIEF, WIRELINE COMPETITION BUREAU TO STEP DOWN; JULIE VEACH NAMED BUREAU CHIEF., FCC
FCC Chairman Julius Genachowski announced today that Sharon Gillett will be departing the Commission and leaving her role as Chief of the Wireline Competition Bureau to return to the Boston area. Julie Veach, currently Deputy General Counsel in the Office of General Counsel, will serve as Chief of the Wireline Competition Bureau, effective June 30. Keyword: []

PRIVACY AND SECURITY OF INFORMATION STORED ON MOBILE COMMUNICATIONS DEVICES. (DA No. 12-928). (Dkt No 96-115 )., FCC
On May 25, 2012, the Wireline Competition Bureau, Wireless Telecommunications Bureau, and Office of General Counsel jointly released a public notice soliciting comments regarding the privacy and data-security practices of mobile wireless service providers with respect to customer information stored on their users mobile communications devices, and the application of existing privacy and security requirements to that information.1 The Federal Register published a summary of that public notice on June 13, 2012.2 Accordingly, and as provided in that summary, comments are due on Friday, July 13, 2012, and reply comments are due on Monday, July 30, 2012. The public notice and the Federal Register summary provide instructions for filing comments and reply comments. Keyword: []

IN RE iPHONE APPLICATION LITIG., Dist. Court, ND California 2012, Fed Court
To state a claim under the SCA, Plaintiffs must allege that Defendants accessed without authorization "a facility through which an electronic communication service is provided." 18 U.S.C § 2701(a)(1). An "electronic communication service" ("ECS") is "any service which provides to users thereof the ability to send and receive wire or electronic communications." 18 U.S.C. § 2510(15). While the computer systems of an email provider, a bulletin board system, or an ISP are uncontroversial examples of facilities that provide electronic communications services to multiple users, less consensus surrounds the question presented here: whether an individual's computer, laptop, or mobile device fits the statutory definition of a "facility through which an electronic communication service is provided." The Court agrees with Defendants that it does not.... Here, the Geolocation Plaintiffs allege that Apple retrieved information from their iPhones revealing their real-time location information and that this information was necessarily only "temporarily stored" on their iPhones, because "anything other than temporary and regularly overwritten . . . data (constantly updated cell tower and WiFi network information) would quickly consume the iPhone's available memory." Opp'n at 11-12. However, Plaintiffs' own allegations in the amended complaint state that "in the/Library/Application Support/MobileSync/Backups/ folder on a user's iDevice, Apple maintains an unencrypted log of the user's movements, as often as 100 times a day, for up to a one-year period." AC ¶ 107(a). Thus, it appears that this location data resides on Plaintiffs' iPhone hard drive for up to a one-year period, which is not merely a "temporary, intermediate storage . . . incidental to the electronic transmission" of an electronic communication. Nor do Plaintiffs allege that Defendants accessed the data at a time when the data was only in temporary, intermediate storage. Thus, the Court again agrees with Defendants that Plaintiffs fail to state a claim under the SCA because they fail to allege that Defendants accessed data in "electronic storage." Keyword: []

Small Library Seeks to Force Decision on VoIP Classification, Telecom Law Monitor
Keyword: [VoIP]

Semaphore and smoke signals - faster than broadband?, BBC
Keyword: [Broadband]

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