Saturday, July 28, 2012

CT Weekly :: 7.28 :: The Cable Monopoly :: Natl Broadband Map :: BB Measured :: Google Fiber :: OI Advisory Committee :: Titanic Moment :: Cybersecurity Legislation :: Our Apologies ::



CyberTelecom News 
Federal Internet Law and Policy :: An Educational Project


The Cable Monopoly: Very Short Summary of 185 Pages, Crawford
Imagine you’re a consumer sitting in your living room. You like sports. You like high-speed Internet access; in fact, you’ve gotten completely fed up with your DSL connection because it’s so awful and you’ve seen how much better a truly high-speed wire would be. So you’re interested in some kind of bundle that includes TV as well as broadband. Keyword: [Cable]
The National Broadband Map Is Updated, NTIA
Today we again updated the National Broadband Map, the unprecedented interactive map that shows what high-speed Internet service is available in the United States. The map is powered by a new set of data from 1,865 broadband providers nationwide – more than 20 million records – and displays where broadband is available, the name of the provider, the technology used to provide the service, and the maximum advertised speeds of the service. Keyword: [MAP]
Adam Holofcener, Net Neutrality Besieged by Comcast Corp. v. FCC: The Past, Present and Future Plight of an Open Internet, Maryland Law Review
Who controls the internet? The question itself is startling and there is no concrete answer.1 However, there are multiple avenues through which access to the internet and its content can be affected. Traditionally, there has been a balance of control over the internet by both market and regulatory forces that engendered high levels of innovation and profit. A recent case heard in the United States Court of Appeals for the District of Columbia Circuit, Comcast Corp. v. FCC,2 shook that balance and called into question the federal government’s regulatory authority over the internet. Keyword: [Network Neutrality]
Hadley v. GateHOUSE MEDIA FREEPORT HOLDINGS, INC., Dist. Court, ND Illinois 2012, Fed Court
"Because defendant is an interactive computer service by providing a website that allows users to post comments and the user "Fuboy" is another information content provider, defendant cannot be considered the "publisher or speaker" of the comments posted by "Fuboy." Claiming that defendant was the publisher of the alleged defamatory comments would therefore be inconsistent with § 230(c)(1). Section 230(e)(3) prevents bringing such a claim, stating that "[n]o cause of action may be brought and no liability may be imposed under any State or local law that is inconsistent with this section." 47 U.S.C. § 230(e)(3). Thus, plaintiff's defamation claim against defendant is barred by § 230 of the CDA" Keyword: [47 U.S.C. § 230]
MRS. UNITED STATES NATIONAL PAGEANT, INC. v. MISS UNITED STATES OF AMERICA ORGANIZATION, LLC, Dist. Court, WD New York 201, Fed Court
Motion for preliminary injunction granted on trademark and ACPA claims granted "The maxim that "imitation is the sincerest form of flattery" may well be true, but in matters of intellectual property, efforts at imitation are not always taken as a compliment, as they often lead to a violation of property rights. The case now before the Court provides an example of just such a situation" Keyword: [ACPA]
Coming Soon? Graduated Response Measures by Internet Service Providers, Citizens Media Law Project
The nation's largest Internet service providers, in an unprecedented partnership with titans of the entertainment industry, have agreed to implement a uniform policy aimed at deterring online copyright infringement known as the Copyright Alert System. An agreement that sets Keyword: [Copyright]
Marvin Ammori, The Year in "First Amendment Architecture", Stan Tech L Rev
2011’s “Person of the Year,” according to Time Magazine, was “The Protestor.”1 That year, protestors across the world led and persisted through the historic Arab Spring. From Tunisia to Egypt and beyond, these protestors may have spawned a democratic awakening in the Middle East.2 They took to physical spaces like Tahrir Square in Cairo and to virtual spaces on Facebook and Twitter to express their dissent and assemble against undemocratic regimes Keyword: [First Amendment]
Patrick S. Ryan, The ITU and the Internet’s Titanic Moment, Stan Tech L Rev
Try this: Mention the International Telecommunication Union (ITU) to a few casual Internet users, Netizens, or even the most senior-level computer programmers and technology experts and gauge their reaction. Few are likely to know what you’re talking about. Most will likely think you’re referring to either a telecommunications labor union or some kind of international working Keyword: [ITU]
The Future Of TV Is Two Screens, One Held Firmly In Your Hands, Pew
But here are the killer stats that show just how much the future of TV is slipping off the big screen and into the smaller screen in TV viewer's hands: 20% had visited a website they'd seen mentioned on screen, and fully 38% used their phones to amuse themselves when there was a commercial or other break in the content they were watching. Keyword: [Video]
FTC Becomes First Enforcement Authority in APEC Cross-Border Privacy Rules System, FTC
The Federal Trade Commission welcomed the approval of the United States' participation in the Asia-Pacific Economic Cooperation (APEC) Cross-Border Privacy Rules system, which was announced by the U.S. Department of Commerce today. Keyword: [Privacy]
Rockefeller on Urgent Need to Pass Cybersecurity Legislation, Senate Commerce Committee
Mr. President. For those of us living long enough, we have seen a historic transition happen before our very eyes. Over the course of the past two decades, we entered a new age. The information superhighway that we dreamed of twenty years ago is here. And it has changed the world. Today, as we debate, Keyword: [Security]
Rockefeller, Cosponsors To Hold Press Conference on Revised Cybersecurity Legislation, Senate Commerce Committee
The five chief sponsors of the revised Cybersecurity Act of 2012 will discuss the legislation at a press conference on Tuesday, July 24, 2012, at 12:00 p.m. in the Senate Radio and TV Gallery. Keyword: [Security]
The Revised Cybersecurity Act of 2012, Senate Commerce Committee
The revised bipartisan Cybersecurity Act of 2012 or “CSA2012” was developed in response to what defense and intelligence leaders have called an “existential threat” to our country. Our critical infrastructure is increasingly vulnerable to cyber threats, and can be manipulated or attacked by faceless individuals using computers halfway around the globe. The destruction or exploitation of critical infrastructure through a cyber attack, whether a nuclear power plant, a region’s water supply, or a major financial market, could cripple our economy, our national security, and the American way of life. We must act now. Keyword: [Security]
Rockefeller, Cosponsors Offer Compromise Cybersecurity Legislation, Senate Commerce Committee
The five co-sponsors of bipartisan cybersecurity legislation introduced new, compromise legislation Thursday to protect our national security, economic security, and life-sustaining services from increasingly commonplace cyber attacks. Keyword: [Security]
Christian Soghoian, THE SPIES WE TRUST: THIRD PARTY SERVICE PROVIDERS AND LAW ENFORCEMENT SURVEILLANCE, Disertation
Telecommunications carriers and service providers now play an essential role in facilitating modern surveillance by law enforcement agencies. The police merely select the individuals to be monitored, while the actual surveillance is performed by third parties: often the same email providers, search engines and telephone companies to whom consumers have entrusted their private data. Assisting Big Brother has become a routine part of business. Keyword: [Big Brother]
Klumb v. GOAN, Dist. Court, ED Tennessee 2012, Fed Court
Plaintiff Roy Klumb brought this action alleging defendant Crystal Goan, formerly his wife, violated the federal Wiretap Act, 18 U.S.C. § 2510 et seq., and the Tennessee Wiretap Act, Tenn. Code Ann. § 39-13-601 et seq., by installing spyware on his computers without his consent to intercept his incoming email. A bench trial was held and, having heard all the evidence, the Court concludes that defendant Crystal Goan did violate the two wiretap statutes, that the plaintiff is entitled to the statutory damages of $10,000, and that defendant's violation of the wiretap acts was part of a larger scheme to gain advantage of the plaintiff during their divorce thereby warranting punitive damages in the amount of $10,000. The plaintiff is also entitled to reasonable attorney's fees and costs. Keyword: [ECPA]
NIST Updates Guidance on Network Attacks and Malware, NIST
Detecting and stopping malicious attacks on computer networks is a central focus of computer security these days. The National Institute of Standards and Technology (NIST) is asking for comments on two updated guides on malicious ... Keyword: [NIST]
Our apologies for today’s outage., Twitter
We are sorry. Many of you came to Twitter earlier today expecting, well, Twitter. Instead, between around 8:20am and 9:00am PT, users around the world got zilch from us. By about 10:25am PT, people who came to Twitter finally got what they expected: Twitter. Keyword: [Twitter]
Lothar Determann, Social Media Privacy A Dozen Myths and Facts, Stan Tech L Rev
Social networks and media are one of the latest frontiers for lawyers, lawmakers, politicians, entrepreneurs and academics. No one seems to claim that social media is the final frontier or even a particularly revolutionary frontier. After all, media and social networks have been around for thousands of years in one form or another. But, most are genuinely fascinated with the new opportunities, risks, and questions presented by the recent rapid rise of novel technology platforms that allow people all over the world to connect and communicate in new ways. Keyword: [Social Networks]
Smith v. Microsoft Corporation, Dist. Court, SD California 2012, Fed Court
Motion to Dismiss for lack of standing denied. "Smith, a resident of Illinois, brought this putative class action against Microsoft, a Washington corporation, for sending unauthorized text messages promoting Microsoft's new Xbox video game console to cellular telephones in violation of the Telephone Consumer Protection Act of 1991 (TCPA or Act), 47 U.S.C. § 227. " Keyword: [SPAM]
Testimony by Assistant Secretary Strickling, “Digital Divide: Expanding Broadband Access to Small Businesses”, NTIA
Chairman Graves, Ranking Member Velazquez, and Members of the Committee, thank you for your invitation to testify regarding the National Telecommunications and Information Administration (NTIA)’s efforts to expand and strengthen broadband access to small businesses. I am very pleased to highlight NTIA’s progress in helping to achieve our vision of a nationwide, 21st century communications infrastructure and our efforts to expand broadband access and adoption in the United States. Keyword: [Digital Divide]

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