FCC :: RFC :: Amending Definition of Interconnected VoIP :: Comments Due TBA Fed Reg

Introduction

1.                  In this Third Report and Order, Second Further Notice of Proposed Rulemaking, and Notice of Proposed Rulemaking, we enhance the public’s ability to contact emergency services personnel during times of crisis and enable public safety personnel to obtain accurate information regarding the location of the caller.  In the Report and Order, we continue to strengthen our existing Enhanced 911 (E911) location accuracy regime for wireless carriers by retaining the existing handset-based and network-based location accuracy standards and the eight-year implementation period established in our September 2010 E911 Location Accuracy Second Report and Order but providing for phasing out the network-based standard over time.  We also require new Commercial Mobile Radio Service (CMRS) networks to comply with the handset-based location criteria, regardless of the location technology they actually use.  In addition, we will require wireless carriers to periodically test their outdoor E911 location accuracy results and to share the results with Public Safety Answering Points (PSAPs), state 911 offices, and the Commission, subject to confidentiality safeguards. 

2.                  In the Second Further Notice of Proposed Rulemaking, we propose measures to improve911 availability and location determination for users of interconnected Voiceover Internet Protocol (VoIP) services.  First, we consider whether to apply our 911 rules to “outbound-only” interconnected VoIP services, i.e., services that support outbound calls to the public switched telephone network (PSTN) but not inbound voice calling from the PSTN.  These services, which allow consumers to place IP-based outbound calls to any telephone number, have grown increasingly popular in recent years. We ask whether such services are likely to generate consumer expectations that they will support 911 calling and consider whether to extend to outbound-only interconnected VoIP service providers the same 911 requirements that have applied to other interconnected VoIP service providers since 2005.

3.                  We also seek comment on whether we should develop a framework for ensuring that all covered VoIP service providers can provide automatic location information (ALI) for VoIP 911 calls.  Currently, interconnected VoIP customers must provide their location information manually by registering the physical location of their phones with their VoIP service providers.  While there are benefits to this Registered Location approach, in light of the increasing popularity of VoIP calling, the enhanced mobility of VoIP devices, and the evolution of consumer expectations, we consider how we might continue working towards automatic location solutions for VoIP calls to 911.  We do not propose specific automatic location accuracy requirements for VoIP at this time but instead seek comment on whether we should adopt general governing principles for the development of automatic location identification solutions.  To ensure that ALI can be generated and transmitted in the most technologically efficient and cost-effective manner, we anticipate that some of these solutions will require participation by both “over the top” VoIP service providers that offer service directly to customers and broadband providers that provide underlying network connectivity for VoIP calls.  General governing principles might apply to both types of providers but could also afford flexibility to VoIP service providers and broadband providers to develop alternative solutions appropriate to specific VoIP 911 scenarios.

  4. We seek comment on an array of issues associated with extending 911 calling and location accuracy requirements to broadband-based voice services other than interconnected and outbound-only interconnected VoIP services.  We request comment on whether we should seek to support 911 location determination through leveraging of location technologies that are already being developed for commercial broadband applications.  We also seek comment on the possibility of developing operational benchmarks based on location accuracy performance to enhance consumer decision-making with respect to device capabilities.  In addition, we seek comment on technological approaches to improve location accuracy for 911 communications originating from indoor environments.  Finally, in the Notice of Proposed Rulemaking, we seek comment on whether our proposal to amend the definition of interconnected VoIP service for 911 purposes has any impact on our interpretation of certain statutes that reference the FCC’s existing definition of interconnected VoIP service.

AMENDING THE DEFINITION OF INTERCONNECTED VOIP SERVICE IN SECTION 9.3 OF THE COMMISSION'S RULES; WIRELESS E911 LOCATION ACCURACY REQUIREMENTS; E911 REQUIREMENTS FOR IP-ENABLED SERVICE PROVIDERS. FCC Strengthens Enhanced 911 Location Accuracy Requirements For Wireless Services. Seeks Comment on Improved 911 Availability and E911 Location Determination For VoIP. by 3RD R&O AND 2ND FNPRM. (Dkt No. 05-196 07-114 11-117 ). Action by: the Commission. Adopted: 07/12/2011 by NPRM. (FCC No. 11-107). PSHSB   FCC-11-107A1.doc  FCC-11-107A2.doc  FCC-11-107A3.doc  FCC-11-107A4.doc  FCC-11-107A5.doc  FCC-11-107A1.pdf  FCC-11-107A2.pdf  FCC-11-107A3.pdf  FCC-11-107A4.pdf  FCC-11-107A5.pdf  FCC-11-107A1.txt  FCC-11-107A2.txt  FCC-11-107A3.txt  FCC-11-107A4.txt  FCC-11-107A5.txt 

WiFi Nets are not "Readily Accessible to the Public;" Google's Motion to Dismiss EPCA Claim in SpyFi Case Denied

In re Google Inc. Street View Electronic Communications Litigation, No. C 10-MD-02184 JW., United States District Court, N.D. California, San Francisco Division. June 29, 2011.

PROCEDURE:  Defendant Google's Motion to Dismiss. Fed. Rule 12(b)(6)

BACKGROUND: "Plaintiffs bring this putative class action against Google, Inc. ("Defendant"), alleging three causes of action for violation of the federal Wiretap Act, 18 U.S.C. §§ 2511, et seq., violation of Cal. Bus. & Prof. Code §§ 17200, et seq., and violation of various state wiretap statutes. Plaintiffs allege that Defendant intentionally intercepted data packets, including payload data, from Plaintiffs' Wi-Fi networks utilizing specially designed packet sniffer software installed on Defendant's Google Street View vehicles."

ANALYSIS:

Wiretap Act

• Defendant: Plaintiffs have failed to plead that their Wi-Fi broadcasts were not "readily accessible" and thus, Defendant is entitled to exemption from liability under the Wiretap Act 18 U.S.C. § 2511(2)(g)(i) ("exemption G1");

• Plaintiff: 
• the Wiretap Act's statutory definition of "readily accessible" relied on by Defendant solely applies to "radio communications" under § 2511(2)(g)(ii) ("exemption G2") and is, thus, inapplicable to "electronic communications" under exemption G1 and the ordinary meaning of "readily accessible" should be used; 
• exemption G1 only applies to unlawful interception and access, and Plaintiffs allege that Defendant further used and disclosed the intercepted communications; 
• Court: 
• Congress defined "readily accessible to the public" in the context of radio communications.  18 USC § 2510(16). The District Court through statutory construction concludes that "radio communications" means traditional radio broadcast communications and not all wireless electronic communications, specifically not WiFi.
• "the Court finds that Congress did not intend Section 2510(16)'s narrow definition of "readily accessible to the general public" to apply for purposes of exemption G1."  In other words, the G1 exception would only apply to traditional radio, not something like Wifi.
• Motion to Dismiss Wiretap Act Claim denied
  

Preemption

• Defendant: Plaintiffs' claims based on state law wiretap statutes are preempted by the Wiretap Act and, alternatively, fail to state a claim; 
• Plaintiff: the state wiretap statutes are not preempted by the Wiretap Act either expressly, by field preemption, or by conflict
• Court: 
• "the Court finds that, while the ECPA contains no express preemptive statement on the part of Congress, the ECPA was intended to comprehensively regulate the interception of electronic communications such that the scheme leaves no room in which the states may further regulate."
• Motion to Dismiss as to this cause of action granted

State Cause of Action

• Defendant: Plaintiffs' "unlawful" and "unfair" Cal. Bus. & Prof. Code §§ 17200 claims are also preempted by the Wiretap Act and, alternatively, fail to state a claim or plead standing under Proposition 64. (Motion at 5-19.) 
• Plaintiff: claims under Cal. Bus. & Prof. Code §§ 17200, et seq., are not preempted by the Wiretap Act as they are qualitatively different and are properly pleaded. (Opp'n at 3-25.) The Court addresses each ground in turn.
• Court:  "the Court finds that Plaintiffs fail to plead facts sufficient to support Proposition 64 standing."  Motion to Dismiss as to this cause of action granted without prejudice.

Time Spent Investigating Intrusion Counts Towards $5000 CFAA Damages Threshold

ANIMATORS AT LAW, INC. v. CAPITAL LEGAL SOLUTIONS, LLC Dist Court EDVA May 10, 2011

PROCEDURE: Defendant Motion for Summary Judgment on Grounds Plaintiff Has Failed to Meet $5000 Damage Threshold Required by Computer Fraud and Abuse Act (CFAA)


RULE: "The CFAA prohibits, inter alia, any person from "intentionally accessing] a computer without authorization or exceeding] authorized access, and thereby obtaining]... information from any protected computer." 18 U.S.C. § 1030(a)(2). In addition to setting forth criminal penalties for violations, the statute provides that "[a]ny person who suffers damage or loss by reason of a violation of this section may maintain a civil action against the violator." § 1030(g). To maintain a civil action under the CFAA, however, a plaintiff must show that the alleged violation "caused ... loss ... aggregating at least $5,000 in value." 18 U.S.C. § 1030(c)(4)(A)(i).^[11] The CFAA specifies that a qualifying "loss" under the statute

means any reasonable cost to any victim, including [i] the cost of responding to an offense, [ii] conducting a damage assessment, and [iii] restoring the data, program, system, or information to its condition prior to the offense, and [iv] any revenue lost, cost incurred, or other consequential damages incurred because of the interruption of service[.]"

ISSUE: What Losses Count Towards $5000 Threshold 

"The Fourth Circuit in A.V. ex rel. Vanderhye v. iParadigms, LLC, 562 F.3d 630, 646 (4th Cir. 2009), considered the types of damages that may qualify as CFAA losses. There, the defendant operated a plagiarism detection service known as "Turnitin," where students submitted papers for their classes online to Turnitin, and papers were automatically compared with other papers to determine the likelihood of plagiarism. In a suit by students against the defendant for copyright infringement, the defendant counterclaimed that one of the plaintiff students violated the CFAA by submitting papers using another student's user name and password. Upon learning that this student had registered and submitted papers on behalf of another, the defendant became concerned that a technical glitch allowed the intrusion to occur and investigated the matter thoroughly, only to discovery that the plaintiff student had simply used another student's Turnitin user name and password found on the internet. Although the plaintiff student in issue conceded that his use was unauthorized for CFAA purposes, inasmuch as the conduct violated the Turnitin terms of service, he argued that the defendant's time spent investigating the incident did not qualify as a CFAA loss. The district court agreed, dismissing the counterclaim, but the Fourth Circuit reversed, holding that that the definition of"loss" under the CFAA was "broadly worded" and "plainly contemplates ... costs incurred as part of the response to a CFAA violation, including the investigation of an offense." Id. at 645-46. In remanding, the court "expressed] no opinion as to whether... the alleged consequential damages were reasonable, sufficiently proven, or directly causally linked to [the] alleged CFFA violation." Id. at 646.


After iParadigms, the district court in Yessin, 686 F. Supp. 2d 642, further elaborated on the requirements for qualified CFAA losses. The plaintiff in Yessin sought three types of damages for defendant's unauthorized access of plaintiffs email accounts and website: (i) expenses for establishing new email addresses and a new website, (ii) lost "billable time" spent investigating and responding to the offense rather than conducting business, and (iii) lost revenue from failing to win a business opportunity. Id. at 648. Yessin held that "lost revenue damages may qualify as losses under the CFAA when they result from time spent responding to an offense," but further lost revenue or consequential damages—such as the losses associated with a missed business opportunity—are only recoverable if they were "incurred because of interruption of service." Id. at 654 (citing § 1030(e)(11);iParadigms,562 F.3d at 646; Nexans Wires S.A. v. Sark-USA, Inc., 166F. App'x 559, 562(2d Cir. 2006) ("[T]he plain language of the statute treats lost revenue as a different concept from incurred costs, and permits recovery of the former only where connected to an `interruption in service.'")). Thus, Yessin held that only the first two types of losses identified by the plaintiff in that case—namely (i) expenses for the new email addresses and website, and (ii) the time spent responding to the offense—were eligible to be considered as losses for CFAA purposes."

ANALYSIS:  "Here, unlike in Yessin, the costs reported by Animators create a triable issue of fact as to well over $5,000 in qualified CFAA losses. Just as in iParadigms, where the CFAA claimant believed that its system had been compromised and went to great lengths to investigate the intrusion, so, too, did Animators come to suspect that its confidential information had been accessed without authorization by former employees and accordingly, took action to investigate and respond to the incident.^[14] To determine whether unauthorized access infact occurred and the extent of such access, Animators had the laptop analyzed by IDS. Although defendants contend that such an extensive analysis was neither reasonably foreseeable nor necessary, a reasonable jury might well disagree and conclude otherwise. "

HOLDING:  Motion for Summary Judgment Dismissed

7.11 :: Blasts :: Just How Bad :: Failure :: Same Coin :: Inconsistent with Any Rule or Law ::

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CyberTelecom News
Federal Internet Law and Policy
============================================
"I have enjoyed greatly the second blooming... suddenly you find - at the age of 50, say - that a whole new life has opened before you." - Agatha Christie

NTIA blasts LightSquared's previous network design, pledges to review new one, Fierce Broadband
The National Telecommunications and Information Administration said it will continue to work with the GPS industry, the FCC and LightSquared to test LightSquared's planned LTE network for interference.
http://www.fiercebroadbandwireless.com/story/ntia-blasts-lightsquared-s-previous-network-design-pledges-review-new-one/2011-07-08?utm_medium=rss&utm_source=rss
More Info: http://www.cybertelecom.org/broadband/gps.htm

NTIA Highlights Just How Bad LightSquared Interference Is - As LightSquared Attempts Damage Control, dslreports
Late last month LightSquared finally filed their revised testing report with the FCC, which unsurprisingly confirmed that their planned LTE network would significantly interfere with GPS signals. LightSquared recently proposed an alternate solution that would utilize a 10 MHz swath of L-band spectrum in the lower portion of the company's spectrum assets, instead of the chunk of 10 MHz spectrum they had planned to use -- but
http://www.dslreports.com/shownews/NTIA-Highlights-Just-How-Bad-LightSquared-Interference-Is-115082
More Info: http://www.cybertelecom.org/broadband/gps.htm

NTIA transmits to FCC Assessment of LightSquared Terrestrial Broadband System Effects, NTIA
NTIA transmitted to the FCC a letter from Assistant Secretary Strickling and a report titled, Assessment of LightSquared Terrestrial Broadband System Effects on GPS Receivers and GPS-dependent Applications, prepared by the National Space-Based Positioning, Navigation, Timing Systems Engineering Forum (NPEF) on behalf of the National Executive Committee for Space-Based Positioning, Navigation, and Timing (EXCOM).
http://www.ntia.doc.gov/filings/2011/NTIA_FCCletter_LightSquared_GPS_07062011.pdf
More Info: http://www.cybertelecom.org/broadband/gps.htm

Canada's Net Neutrality Enforcement Failure, Geist
Two years ago, the Canadian Radio-television and Telecommunications Commission conducted a much-publicized hearing on net neutrality, which examined whether new rules were needed to govern how Internet providers managed their networks. While many Internet users remain unaware of the issue, behind the scenes Internet providers employ a variety of mechanisms to control the flow of traffic on their networks, with some restricting or throttling the speeds for some applications.
http://feedproxy.google.com/~r/MichaelGeistsBlog/~3/gm50cihB6PY/
More Info: http://www.cybertelecom.org/ci/neutral.htm

Why Net Neutrality and Usage Based Billing Are Two Sides of the Same Coin, Geist
The CRTC hearing on usage based billing opens this morning with two of the big players - Bell and Open Media - both slated to appear. Since the CRTC refused to extend the hearing to retail usage based billing issues, I suspect the outcome will be anti-climatic. There may be some new rules for wholesale UBB (which will only serve to demonstrate how badly the CRTC has bungled this issue), but the broader data cap issues will remain unchanged for now.
http://feedproxy.google.com/~r/MichaelGeistsBlog/~3/UhWdjbOhYuc/
More Info: http://www.cybertelecom.org/ci/neutral.htm

FCC closer to finalizing Net neutrality rules, CNET
The Federal Communications Commission has finally filed its Net neutrality rules with the Office of Management and Budget.
http://news.cnet.com/8301-30686_3-20077844-266/fcc-closer-to-finalizing-net-neutrality-rules/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

FCC Confirms Google Street View Investigation, EPIC
FCC Chairman Julius Genachowski, responding to letters from Congressmen Graves Rogers and Barrow Scalise regarding Google Street View, wrote[1][2][3] that "the Bureau's inquiry seeks to determine whether Google's actions were inconsistent with any rule or law within the Commission's jurisdiction." The FCC Chairman declined to provide specifics, though there is growing frustration in Congress about the
http://epic.org/2011/07/fcc-confirms-google-street-vie.html
More Info: http://www.cybertelecom.org/industry/google.htm

Prosecutors Demand Laptop Password in Violation of Fifth Amendment, EFF
The Electronic Frontier Foundation (EFF) urged a federal court in Colorado today to block the government's attempt to force a woman to enter a password into an encrypted laptop, arguing in an amicus brief that it would violate her Fifth Amendment privilege against self-incrimination.
http://www.eff.org/press/archives/2011/07/08
More Info: http://www.cybertelecom.org/security/bigbrother.htm

ANIMATORS AT LAW, INC. v. CAPITAL LEGAL SOLUTIONS, LLC, Dist Court EDVA May 10, 2011
Time spent investigating a Cybersecurity incident does qualify as a CFAA loss and count for the $5000 jurisdictional threshhold
http://scholar.google.com/scholar_case?case=17633407705580661791
More Info: http://www.cybertelecom.org/security/crime.htm

2010 Report on Distributed Denial of Service (DDos) Attacks, Berkman Center
Our research begins with the idea that Distributed Denial of Service (DDoS) is an increasingly common Internet phenomenon and is capable of silencing Internet speech, usually for a brief interval but occasionally for longer. We explore the specific phenomenon of DDoS attacks on independent media and human rights organizations, seeking to understand the nature and frequency of these attacks, their efficacy, and the responses available to sites under attack. Our report offers advice to independent
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1872065
More Info: http://www.cybertelecom.org/security/dos.htm

ZINNA v. Cook, 10th Circuit 2011
In ECPA cause of Action, Def Motion for Summary Judgment granted where Pltf failed to provide evidence that Def had any association with third party who may have illegally intercepted the email; Def had any knowledge that email may have been illegally intercepted when Def disclosed the email
http://scholar.google.com/scholar_case?case=11678379074416699959
More Info: http://www.cybertelecom.org/security/ecpa.htm

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7.8 :: Group Slams Plan :: Continuing the Slow March :: Wonderful Things :: Strike a Deal :: Many Murky Areas :: Win the Future :: I'm Not a Hacker; I'm a Security Professional ::

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CyberTelecom News
Federal Internet Law and Policy
============================================
"It is foolish to see any other person as the cause of our own misery or happiness". Buddha

Sen. Grassley: FCC Owes Answer to LightSquared GPS Query, Wireless Week
The ranking member of the Senate Judiciary Committee, Iowa Republican Chuck Grassley, is taking the FCC to task for ignoring his questions on the agency's decision to grant LightSquared a conditional waiver to deploy land-based LTE service in spectrum formerly reserved for satellite communications.
http://www.wirelessweek.com/News/2011/07/Policy-and-Industry-Sen-Grassley-FCC-LightSquared-GPS-Query-Government/
More Info: http://www.cybertelecom.org/broadband/gps.htm

LightSquared tries to appease GPS opponents, CNET
LightSquared says it has formed a rural initiative to ensure that its wireless network doesn't interfere with GPS systems.
http://news.cnet.com/8301-1035_3-20077556-94/lightsquared-tries-to-appease-gps-opponents/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/broadband/gps.htm

Former Sen. Dorgan joins wireless startup, Hill
Telecommunications startup LightSquared announced Thursday that former Sen. Byron Dorgan (D-N.D.) and other retired lawmakers will serve on the advisory board of a new initiative to resolve problems with Global Positioning System (GPS) technology in rural areas.
http://thehill.com/blogs/hillicon-valley/technology/170225-former-sen-dorgan-joins-wireless-startup
More Info: http://www.cybertelecom.org/broadband/gps.htm

GPS group slams LightSquared's new plan, CW
A group of GPS vendors and users has challenged mobile startup LightSquared's credibility in a response to the company's new plan for a hybrid satellite and LTE mobile network.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/0ADYNLCd5Ec/GPS_group_slams_LightSquared_s_new_plan
More Info: http://www.cybertelecom.org/broadband/gps.htm

Upton, Walden Statement on Estimated Burden of FCC's Internet Rules, House Commerce
No description
http://republicans.energycommerce.house.gov/News/PRArticle.aspx?NewsID=8783
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Net Neutrality Lands at OMB, CommLawBlog
Next round of Paperwork Reduction Act review of the "open Internet" information collection requirements starts at OMB.
http://feeds.lexblog.com/~r/CommLawBlog/~3/fWobZ0qdzR0/
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Net Neutrality Order Moves a Step Closer to Publication, Telecom Law Monitor
Continuing the slow march to Federal Register publication -- and certain court challenge -- of the Net Neutrality rules, the FCC today published notices of the two information collection provisions subject to review by the Office of Management and Budget (OMB). The notices address the formal complaint rules for violations of the new requirements and the public
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/_wDCqLpcW40/
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Verizon confirms tiered data plans and hot-spot charge for July 7, CNET
The carrier bids farewell to unlimited data plans this week and says hello to usage-based options. Verizon also is adding a charge to use its mobile hot-spot feature.
http://reviews.cnet.com/8301-19736_7-20076938-251/verizon-confirms-tiered-data-plans-and-hot-spot-charge-for-july-7/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/ci/tiers.htm

The AT&T/T-Mobile Fine Print, TFTSF
Anyone who has a service contract with AT&T knows that there are two parts: the advertisement and the fine print. The advertisement promises all kinds of wonderful things. The fine print explains how AT&T really has no legal obligation to…
http://tales-of-the-sausage-factory.wetmachine.com/content/the-attt-mobile-fine-print
More Info: http://www.cybertelecom.org/industry/att.htm

The Future of the Internet Economy: Chapter 2, Potaroo
The OECD held a "high-level" meeting in June 2011 that was intended to build upon the OECD Ministerial on The Future of the Internet Economy held in Seoul, Korea in June 2008. I was invited to attend this meeting, focussing on the Internet's potential for generating innovation and economic growth as part of the delegation from the Internet Technical Advisory
http://www.potaroo.net/ispcol/2011-07/oecdhlm.html
More Info: http://www.cybertelecom.org/intl/

To Slow Piracy, Internet Providers Ready Penalties, NYT
Internet providers agreed to a system to identify those suspected of digital copyright infringement and impose progressively harsher consequences.
http://feeds.nytimes.com/click.phdo?i=d0c50258d6d8f029708428782f72e3f6
More Info: http://www.cybertelecom.org/ip/copyright.htm

Teaming Up to Address Online Theft of Content, CableTechTalk
Today, the film, television, music and ISP industries announced a landmark agreement on a common framework for "Copyright Alerts" – a state-of-the-art system similar to credit card fraud alerts – that will educate and notify Internet subscribers when their
http://www.cabletechtalk.com/ncta-actions/2011/07/07/teaming-up-to-address-online-theft-of-content/
More Info: http://www.cybertelecom.org/ip/copyright.htm

Letter on PROTECT IP Act, info/law
David Post, Mark Lemley, and David Levine have drafted a terrific letter opposing the PROTECT IP Act, which passed the Senate Judiciary Committee unanimously and seemed headed for President Obama's desk until Senator Ron Wyden placed a hold on it. I've signed the letter, along with pretty much every other Internet law and IP professor out there. There are three
http://blogs.law.harvard.edu/infolaw/2011/07/06/letter-on-protect-ip-act/
More Info: http://www.cybertelecom.org/ip/copyright.htm

In historic agreement, American ISPs agree to police their users for copyright interests, IGP
America's largest ISPs - AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon - have agreed to actively police their users on behalf of copyright owners. Their cartel-like agreement makes it impossible for most American Internet users to punish them by switching to less intrusive ISPs. The big five have agreed to pass along alerts when copyright holders accuse
http://feedproxy.google.com/~r/IGPBlog/~3/W8-CroogPo4/4853901.html
More Info: http://www.cybertelecom.org/ip/copyright.htm

ISPs and Copyright Owners Strike a Deal, CDT
Today, after over two years of periodic rumors and reports that something like this was in the works, major ISPs joined RIAAand MPAA in announcing an agreement to cooperate on a system of escalating "copyright alerts" to suspected infringers.
http://cdt.org/blogs/david-sohn/isps-and-copyright-owners-strike-deal
More Info: http://www.cybertelecom.org/ip/copyright.htm

The Many Murky Areas Of Senator Klobuchar's "Anti-Streaming" Bill, PK
Introduced in May and sponsored by Senator Amy Klobuchar, bill S. 978 has been the talk of the tech blogs lately. The bill seeks to change the rules regarding criminal copyright enforcement, adjusting which types of infringement constitute a felony with significant jail time. Reactions to the bill have displayed a good deal of alarm. We're here to sort fact from fiction as best
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/teVObh3-i9A/many-murky-areas-senator-klobuchar%E2%80%99s-anti-str
More Info: http://www.cybertelecom.org/ip/copyright.htm

White House: we "win the future" by making ISPs into copyright cops, Ars Technica
The White House likes the newly announced "six strikes" voluntary agreement announced today between major copyright holders and Internet access providers. That's no surprise—the US administration helped to broker the deal.
http://arstechnica.com/tech-policy/news/2011/07/white-house-we-win-the-future-by-making-isps-into-copyright-enforcers.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/ip/copyright.htm

The Content Industry and ISPs Announce a "Common Framework for Copyright Alerts": What Does it Mean for Users?, EFF
A coalition of content industry players and ISPs today announced an anticipated collaborative effort to "curb online content theft," described in more detail on a dedicated website for the initiative. The PR materials put out by the group are more telling for what they don't say than what they do.
http://www.eff.org/deeplinks/2011/07/content-industry-and-isps-announce-common
More Info: http://www.cybertelecom.org/ip/copyright.htm

FCC commissioner blasts his agency for over-regulation, Hill
Republican Federal Communications Commission member Robert McDowell took his agency to task for issuing too many burdensome regulations in testimony before a House subcommittee on Thursday.
http://thehill.com/blogs/hillicon-valley/technology/170159-fcc-commissioner-blasts-his-agency-for-over-regulation
More Info: http://www.cybertelecom.org/notes/fcc.htm

Privacy and Data Security: Protecting Consumers in the Modern World, Senate Commerce
Chairman John D. (Jay) Rockefeller IV today announced a full committee hearing on privacy and data security. The hearing will examine how entities collect, maintain, secure, and use personal information in today's economy and whether consumers are adequately protected under current law. The Commerce Committee will hear from
http://www.commerce.senate.gov/public/index.cfm?p=Hearings&ContentRecord_id=e2c2a2ca-91d6-48a2-b5ea-b5c4104bdb97
More Info: http://www.cybertelecom.org/privacy/

EFF Urges Senators to Recognize Need for Updated Privacy Laws, EFF
EFF and other privacy and consumer groups like Privacy Rights Clearinghouse and Consumer Action have publicly responded to industry allegations that effective privacy regulations would harm the economy and innovation. A letter by sixteen trade groups—including the American Advertising Federation and the U.S. Chamber of Commerce—addressed to
http://www.eff.org/deeplinks/2011/07/eff-urges-senators-recognize-need-updated-privacy
More Info: http://www.cybertelecom.org/privacy/

Has Dropbox set the stage for a privacy revolution?, Gigaom
Life has been something of a rollercoaster ride for Dropbox lately. In May, the consumer cloud-storage service was hit with an FTC complaint based on allegedly misleading contractual language about data security. Last month, a group of consumers filed a class-action lawsuit against Dropbox for how it handled a temporary security hole in the service.
http://feedproxy.google.com/~r/OmMalik/~3/WU-Sqva4j5g/
More Info: http://www.cybertelecom.org/privacy/

Kevin Mitnick shows how easy it is to hack a phone, CNET
Famed hacker shows how easy it is for anyone, not just British tabloid journalists, to access a stranger's mobile phone voice mail.
http://news.cnet.com/8301-27080_3-20077732-245/kevin-mitnick-shows-how-easy-it-is-to-hack-a-phone/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/security/hacker.htm

Congress Tries To Hide Massive Data Retention Law By Pretending It's An Anti-Child Porn Law, Techdirt
We all know the cynical and obnoxious trick by politicians to get questionable laws passed by claiming that it's "for the children." The latest, however, is particularly nefarious. Some politicians (and lots of folks in law enforcement) have been pushing for the US government to adopt data retention laws for years. These laws would require online service providers to
http://www.techdirt.com/articles/20110707/04402514995/congress-tries-to-hide-massive-data-retention-law-pretending-its-anti-child-porn-law.shtml
More Info: http://www.cybertelecom.org/security/records.htm

FCC Targets Spoofing, CommLawBlog
It's not nice to try to fool caller ID services – in fact, it's now illegal, with violators looking at possible $10K penalties.
http://feeds.lexblog.com/~r/CommLawBlog/~3/8juG6zIKyro/
More Info: http://www.cybertelecom.org/spam/

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FCC RFC Open Internet Paperwork Reduction Act (PRA)

This past Thursday the Federal Register published two notices by the FCC for compliance with the Paperwork Reduction Act for the new Open Internet Rules.  The notices are

• Formal Complaint Procedures, Preserving the Open Internet and Broadband Industry Practices, Report and Order, GN Docket No. 09–191 and WC Docket No. 07–52.
• Disclosure of Network Management Practices, Preserving the Open Internet and Broadband Industry Practices, Report and Order, GN Docket No. 09–191 and WC Docket No. 07–52

Comments are due by August 8, 2011.  NB that comments are filed with OMB, not with the FCC.


For background information, See Cybertelecom's Open Internet Rules, CommLawBlog's Network Neutrality Lands at OMB and Telecom Law Monitor's Net Neutrality Order Moves a Step Closer to Publication.

ECPA Claim Dismissed: No Showing Def Was Connected to 3rd Party Who May Have Illegally Intercepted Email, Or That Def Knew Email May Have Been Illegally Intercepted

ZINNA v. Cook, Court of Appeals, 10th Circuit 2011:  In ECPA cause of Action, Def Motion for Summary Judgment granted where Pltf failed to provide evidence that 

• Def had any association with third party who may have illegally intercepted the email
• Def had any knowledge that email may have been illegally intercepted when Def disclosed the email

Facts: "Plaintiff Michael L. Zinna brought this action under the civil damages provision of the Federal Wiretap Act, 18 U.S.C. § 2520(a), claiming defendants conspired to intercept, disclose, or use certain electronic communications he had made. He alleged emails he sent to friends and associates on June 14, 2006, were intercepted by a third party and acquired by defendants, who posted information taken from them to an internet web site (ColoradoWackoExposed.com [no longer resolves]) later that evening in an effort to discredit him. The district court granted summary judgment for defendants, holding that Mr. Zinna failed to present evidence sufficient to create a triable issue that defendants either played a role in the alleged illegal interception or had knowledge of it when contents of the emails were posted on the internet. Mr. Zinna timely filed this appeal. As explained below, we affirm for substantially the reasons stated by the district court."

Analysis:

• RULE "Defendants could potentially be liable either for conspiring with [email interceptor] beforehand to intercept the emails or by conspiring to acquire the emails for the purpose of illegally disclosing and/or using them. See Thompson v. Delaney, 970 F.2d 744, 748-50 (10th Cir. 1992) (assessing claims of conspiracy to intercept and conspiracy to use or disclose in violation of Federal Wiretap Act)
• HOLDING: No competent evidence in the record ties defendants to the alleged interceptor, much less to show they conspired with him to engage in the illegal interception.
• RULE: Def could be liable for disclosure of emails that they knew were illegally intercepted.  "liability for use or disclosure of the contents of an intercepted communication requires both intentional conduct and knowledge that the information was obtained through the interception of a[n] . . . electronic communication in violation of [the statute]." Thompson, 970 F.2d at 748 (emphasis added and quotation omitted).
• HOLDING: Plaintiff has "not cited to any evidence in the record sufficient to support a reasonable inference that defendants knew the material posted on the web site derived from an illegal interception of email."

FCC Requests Nominations for Membership on Open Internet Advisory Committee

Public Notice: Released:  06/30/2011.  FCC REQUESTS NOMINATIONS FOR MEMBERSHIP ON OPEN INTERNET ADVISORY COMMITTEE. (DA No.  11-1149). (Dkt No 09-191 07-52 ). CGB . Contact:  Ellen Satterwhite at (202) 418-3626, email: Ellen.Satterwhite@fcc.gov

In this Public Notice, the Federal Communications Commission (Commission) seeks nominations for membership on its Open Internet Advisory Committee (OIAC), which is discussed in the Commission’s Order on Preserving the Open Internet (Order).1 Interested parties should submit nominations in accordance with the procedures outlined below.

The OIAC will be a Federal Advisory Committee that will assist the Commission “in tracking developments with respect to the freedom and openness of the Internet, in particular with respect to technical standards and issues relating to mobile broadband and specialized services.” The OIAC is to be comprised of “consumer advocates; Internet engineering experts; content, application, and service providers; network equipment and end-user device  manufacturers and suppliers; investors; broadband service providers;”3 and others, as described below.

OIAC MISSION

The OIAC will aid in tracking and evaluating the effects of the Commission’s Open Internet rules.4 Specifically, it is anticipated that “[t]he Committee will observe market developments regarding the freedom and openness of the Internet and will focus in particular on issues addressed in the FCC’s Open Internet rules, such as transparency, reasonable network management practices, differences in treatment of fixed and mobile broadband services, specialized services, technical standards, and the state of competition.”

MEMBERSHIP

The Commission seeks nominations for membership on the OIAC from the following types of groups and individuals:
· Consumers, consumer advocates, and/or organizations representing consumer interests;
· Internet engineering experts;
· Providers and developers of online content, applications, or services;
· Network equipment providers, developers, manufacturers, and suppliers;
· End-user device developers, manufacturers, and suppliers;
· Investors in Internet-related technologies, services, and products, including investors in broadband providers and/or online content, application, and services providers;
· Broadband Internet access service providers; and
· Other individuals with appropriate expertise.

In addition, all applicants are advised that the Commission adheres to the President’s policy, as announced in his memorandum of June 18, 2010, “Lobbyists on Agency Boards and Commissions,” prohibiting federally registered lobbyists from serving on federal agencies’ advisory boards and committees. Registered lobbyists are thus ineligible to serve as members or representatives of members of the OIAC. Subject to this limitation, the Chairman of the Commission will appoint the members of the OIAC to serve on the Committee for a minimum period of two years. The Chairman also will appoint a member of the Commission’s staff to serve as the Designated Federal Officer for the OIAC, who will moderate and direct its work, including approving the creation of subcommittees, as appropriate.

NOMINATIONS AND DEADLINE

Nominations for OIAC membership should not exceed two pages, and should include the nominee’s name, title, and organization, if appropriate, as well as the nominee’s postal address, e-mail address, and telephone number. The person or entity submitting the nomination should also include a statement of the nominee’s specific expertise relevant to the OIAC, the specific issues among those listed above that are of interest to the entity submitting the nomination or to the nominee individually, and a description of the nominee’s qualifications to serve on the OIAC. Individuals may self-nominate; be nominated by an advocacy organization, employer, trade association, or other entity to serve on such entity’s behalf; or be nominated by a third party. Nominations should indicate whether the nominee would be appointed for his or her own expertise and individual views, or whether the nominee would be serving in a representative capacity on behalf of an entity. If self-nominating, the nominee should include a statement indicating a willingness to serve on the Committee for a two-year term of service, and a commitment to attend approximately two (2) one-day meetings per year in Washington, D.C. A sample nomination form is attached and may be used, but is not required. Nominations submitted by a third party should include as much of the above information as possible.

The Commission must receive nominations by 11:59 PM, EST, September 1, 2011. The nominations may be sent via e-mail to OIAC@fcc.gov or via U.S. mail to the Federal Communications Commission, Consumer and Governmental Affairs Bureau, Attn: Ellen Satterwhite, 445 12th Street, S.W., Washington, D.C. 20554. We strongly encourage submission by e-mail, in part because, due to the extensive security screening of incoming mail since September 11, 2001, delivery of mail sent to the Commission may be delayed. FCC staff will send an email acknowledging receipt of any nomination received by e-mail.

Please note that this Notice is not intended to be the exclusive method by which the Commission will solicit nominations and expressions of interest to identify qualified candidates. However, all  candidates for membership on the OIAC will be subject to the same evaluation criteria.

APPOINTMENTS

The Commission will publish a notice in the Federal Register announcing the appointment of OIAC members and the first meeting of the Committee. FOR FURTHER INFORMATION CONTACT: Ellen Satterwhite, Consumer and Governmental Affairs Bureau, FCC, ellen.satterwhite@fcc.gov, 202-418-3626.

FCC Establishes Comment Deadlines Re GPS Lightsquared Report

Released:  06/30/2011.  COMMENT DEADLINES ESTABLISHED REGARDING THE GPS-LIGHTSQUARED TECHNICAL WORKING GROUP REPORT. (DA No.  11-1133). (Dkt No 11-109 ). IB . Contact:   karl.kensinger@fcc.gov TXT

• Comments Due:  07/30/2011. Reply Comments Due:  08/15/2011. Comments may be filed electronically using the Internet by accessing the ECFS.
• "On June 30, 2011, LightSquared Subsidiary LLC (LightSquared) submitted a final report of the technical working group co-chaired by LightSquared and the United States Global Positioning System (GPS) Industry Council (USGIC)1 and organized in response to a condition in FCC Order and Authorization, DA 11-133 (released January 26, 2011).2 The condition required that LightSquared help organize and participate in a technical working group “that brings LightSquared and the GPS community together” to address potential interference issues recently raised by members of the GPS community.3 The Order “envision[ed] a working group in which cooperative and candid discussions can ensue, and where information, including proprietary information, can be shared among the participants with appropriate measures in place to protect the confidentiality of that information.”4 The condition required submission of a final report that includes the working group’s analyses of the potential for overload interference to GPS devices from LightSquared’s terrestrial network of base stations, technical and operational steps to avoid any such interference, and specific recommendations going forward to mitigate potential interference to GPS devices. Among other things,5 the Order also made clear that, “as a condition of granting this waiver, the [working group] process . . . addressing the interference concerns regarding GPS must be completed to the Commission’s satisfaction before LightSquared commences offering commercial service pursuant to this waiver on its L-band MSS frequencies.”"
  
  The technical working group effort identified significant technical issues related to potential LightSquared operations in the upper portion of the L-Band, which is most proximate to the band used by GPS. Over more than three months, the technical working group tested more than 130 representative devices in seven different receiver categories, in a number of different test environments. The tests demonstrated potentially significant interference between LightSquared operations in the upper portion of the band and various GPS receivers. The tests also identified some interference issues in the lower 10 MHz portion of the band. The overall conclusion of the testing is that transmissions in the upper 10 MHz channel —the channel nearest to the 1559-1610 MHz GPS band — will adversely affect the performance of a significant number of legacy GPS receivers.
  
  In addition to the technical working group report, LightSquared has submitted its recommendations to address the problems identified by the working group.7 In particular, LightSquared indicates its willingness to: (1) operate at lower power than permitted by its existing FCC authorization; (2) agree to a “standstill” in the terrestrial use of its Upper 10 MHz frequencies immediately adjacent to the GPS band; and (3) commence terrestrial commercial operations only on the lower 10 MHz portion of its spectrum and to coordinate and share the cost of underwriting a workable solution for the small number of legacy precision measurement devices that may be at risk. We specifically invite comment on these recommendations, including any alternative proposals to enable these two important services – GPS devices and L-band mobile broadband – to co-exist. We also welcome comments on the technical working group report generally. Comments should be filed no later than July 30, 2011, and reply comments by August 15, 2011.

ACPA Claim Dismissed Where Def is True Common Law Trademark Owner: CRYSTAL ENTERTAINMENT & FILMWORKS, INC. v. Jurado

CRYSTAL ENTERTAINMENT & FILMWORKS, INC. v. Jurado, Court of Appeals, 11th Circuit 2011

This appeal is from a judgment against an entertainment company that sued the current members of "Exposé," an American girl dance band, about the trademark name of the band. Crystal Entertainment & Filmworks, Inc., is the purported assignee of the trademark rights of Pantera Group Enterprises and Pantera Productions, Inc., which created the original Exposé band in 1984. The current members of Exposé, Jeanette Jurado, Ann Curless, and Gioia Bruno, replaced the original members of the band in 1986, and the current members, along with Kelly Moneymaker, have produced several albums and intermittently performed as Exposé since then. In 2006, in a written agreement with Crystal, the current members obtained a license to use the Exposé mark when the band resumed performing. Before the agreement expired, the members of the band ceased paying licensing fees to Crystal and informed Crystal that they planned to seek federal registration of the Exposé mark through their own company, Walking Distance Entertainment, LLC. Crystal filed a complaint for breach of contract and violations of federal [ACPA] and state statutes and sought damages and injunctive relief. The district court conducted a bench trial and determined that Jurado, Curless, Bruno, and Walking Distance were the common-law owners of the Exposé mark. Because the record supports the findings by the district court, we affirm.

3rd Level Domain Names Not Protected by ACPA. GOFORIT ENTERTAINMENT, LLC v. DigiMedia. com LP

GOFORIT ENTERTAINMENT, LLC v. DigiMedia. com LP, 750 F. Supp. 2d 712 - Dist. Court, ND Texas 2010:

The court holds that defendants are entitled to summary judgment dismissing GEL's cyberpiracy claim under § 43(d) of the Lanham Act, 15 U.S.C. § 1125(d), because, as a matter of law, third level domain names are not covered by the ACPA. Under 15 U.S.C. § 1125(d)(1)(A),[7] a party can be held liable if it registers, traffics in, or uses a "domain name" that is "identical or confusingly similar" to a distinctive mark, 15 U.S.C. § 1125(d)(1)(A)(ii)(I), with bad faith intent to profit from the mark, id. § 1125(d)(1)(A)(i).[8] Under the statute, "[t]he term `domain name' means any alphanumeric designation which is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet." 15 U.S.C. § 1127. Defendants maintain that a third level domain—the level in question in this case—is outside the scope of the statute, because it is not "registered with or assigned by" a domain name registrar. The court agrees. The only part of a web address that must be registered is the second level domain. Establishing a third level domain does not require registration with or assignment by a domain name registration authority.

7.5 :: More Turbulence :: We Can Fix It :: So Now What? :: Industry Rages :: Ready, Set, Sue! ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================

LightSquared faces more turbulence over GPS, CW
There's little disagreement about what a test report expected this week will say about LightSquared's proposed LTE network: It knocks out GPS on many devices. There's far less consensus about what causes the problem and what to do about it.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/aKZ-XFPShIY/LightSquared_faces_more_turbulence_over_GPS
More Info: http://www.cybertelecom.org/broadband/gps.htm

LightSquared to FCC: We can fix GPS issues, CNET
The start-up files its alternative plan with the FCC as it looks to clear the way to build a 4G wireless network. The GPS community says the latest proposal is not enough.
http://news.cnet.com/8301-30686_3-20075841-266/lightsquared-to-fcc-we-can-fix-gps-issues/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/broadband/gps.htm

LightSquared interferes with GPS, so now what?, Gigaom
LightSquared filed a report on Thursday that showsits planned wholesale LTE wireless network would interfere with existing GPS equipment, and suggested a three-part plan to resolve the issue. The report, filed with the FCC, could throw the operation of LightSquared's network into some doubt. But Feld argues in this post that the bigger issue here isn't so much
http://feedproxy.google.com/~r/OmMalik/~3/rGpv_N6_f_A/
More Info: http://www.cybertelecom.org/broadband/gps.htm

GPS industry rages: LightSquared 4G network would "defy" laws of physics, Ars Technica
The GPS wars are heating up again. LightSquared, a newish company that wants to build a $14 billion open access satellite/4G LTE broadband network over the next eight years, has a problem: its terrestrial base stations appear to wreak havoc with some GPS devices—but the company blames GPS makers for the
http://arstechnica.com/tech-policy/news/2011/06/how-gps-interference-could-derail-a-new-national-4g-networkgps-industry-rages-lightsquared-4g-network-would-defy-laws-of-physics.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/broadband/gps.htm

COMMENT DEADLINES ESTABLISHED REGARDING THE GPS-LIGHTSQUARED TECHNICAL WORKING GROUP REPORT, FCC
(Dkt No 11-109 ). Comments Due: 07/30/2011. Reply Comments Due: 08/15/2011.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1133A1.pdf
More Info: http://www.cybertelecom.org/broadband/gps.htm

Commerce Spectrum Management Advisory Committee Meeting, NTIA
The Commerce Spectrum Management Advisory Committee will meet July 27, 2011, from 1 p.m. to 4 p.m., Mountain Daylight Savings Time at the Institute for Telecommunication Sciences, 325 Broadway, Boulder, Colorado. The Committee will receive recommendations from sub-committees on matters related to the accomplishment of the President's ten-year goal of identifing 500 megahertz for wireless broadband.
http://www.ntia.doc.gov/frnotices/2011/FR_CSMAC_July2011_Meeting_Notice.pdf
More Info: http://www.cybertelecom.org/broadband/wireless.htm

Kerry, Rockefeller, Franken, Colleagues Fight for Net Neutrality Protections, US Commerce Committee
Senators John Kerry (D-Mass.), Chairman of the Subcommittee on Communications, Technology, and the Internet, and John D. (Jay) Rockefeller IV (D-W.Va.), Chairman of the Commerce Committee, along with eight senior Committee members, today opposed efforts to cut funding to secure an open Internet.
http://commerce.senate.gov/public/index.cfm?p=PressReleases&ContentRecord_id=9c789cc7-607d-4a8b-bb72-df318960830a
More Info: http://www.cybertelecom.org/ci/neutral.htm

McDowell: FCC Neutrality Rules Won't Hold - He's Probably Right, and Verizon Will Likely Be the One Who Kills Them, dslreports
FCC Commissioner Robert McDowell voted against the agency's network neutrality rules (which don't really do much anyway), and now has told Fox News he thinks there's a "better than average chance" that a court, likely the D.C. circuit, will stay the FCC's network neutrality rules. The irony in all of this of course is that the rules, which were crafted with massive
http://www.dslreports.com/shownews/McDowell-FCC-Neutrality-Rules-Wont-Hold-114980
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Ready, set, sue! Net neutrality rules almost official, Gigaom
The Federal Communications Commission sent its net neutrality rules on their final steps to becoming a real law on Thursday. The agency sent the rules to the Office of Management and Budget to ensure it complies with arcane paper reduction rules and then the rules are on their way to printing in the Federal Register. Once that happens, anyone can file a lawsuit and get the ball rolling on testing these things in court.
http://feedproxy.google.com/~r/OmMalik/~3/r6Qox3aK7SE/
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Net Neutrality Update, Telecom Law Monitor
After months of waiting for the FCC to publish its Net Neutrality Order in the Federal Register, the FCC has finally . . . released a clarification of the disclosure rules that will eventually apply. The action does not indicate when Federal Registerpublication will occur, but, buried in the clarification is an announcement that the FCC will release results of its own broadband
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/Yp_rsnVnQJE/
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

The FCC and Net Neutrality: "Reducing" Paperwork, CommLawBlog
Bureau releases tentative – and temporary – guide for compliance with transparency rules
http://feeds.lexblog.com/~r/CommLawBlog/~3/2zQGhtr1OFc/
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

FCC REQUESTS NOMINATIONS FOR MEMBERSHIP ON OPEN INTERNET ADVISORY COMMITTEE, FCC
(DA No. 11-1149). (Dkt No 09-191 07-52 ). CGB
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1149A1.pdf
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

FCC ENFORCEMENT BUREAU AND OFFICE OF GENERAL COUNSEL ISSUE ADVISORY GUIDANCE FOR COMPLIANCE WITH OPEN INTERNET TRANSPARENCY RULE., FCC
(DA No. 11-1148). (Dkt No 09-191 07-52 ).
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1148A1.pdf
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

200 million Tweets per day, Twitter
Halfway through 2011, users on Twitter are now sending 200 million Tweets per day. For context on the speed of Twitter's growth, in January of 2009, users sent two million Tweets a day, and one year ago they posted 65 million a day.
http://blog.twitter.com/2011/06/200-million-tweets-per-day.html
More Info: http://www.cybertelecom.org/data/statapps.htm

2011 Global IPv6 Survey Now Open, ARIN
No description
https://www.arin.net/announcements/2011/20110701.html
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Tracking IPv6 Evolution: Data We Have and Data We Need, CAIDA
Published in ACM SIGCOMM Computer Communication Review (CCR) Volume 41, No. 3. pp 43-48 in July 2011. Note that the version of the paper hosted at CAIDA includes color figures, while the CCR version has the figures in black and white.
http://www.caida.org/publications/papers/2011/tracking_ipv6_evolution/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Judge declines to dismiss Wi-Fi sniffing lawsuit against Google, Fierce Broadband
A district judge declined to dismiss a class-action lawsuit against Google (NASDAQ:GOOG) that accuses the search giant of violating wiretap laws when it inadvertently collected Wi-Fi data traveling over unsecure access points.
http://www.fiercebroadbandwireless.com/story/judge-declines-dismiss-wi-fi-sniffing-lawsuit-against-google/2011-07-05?utm_medium=rss&utm_source=rss
More Info: http://www.cybertelecom.org/industry/google.htm

Judge to Google: sniffing even open WiFi networks may be wiretapping, Ars Technica
When a homeowner runs an open, unencrypted wireless network and Google sniffs the packets from that network, has wiretapping taken place? Or did the openness of the network remove the user's reasonable expectation of privacy?
http://arstechnica.com/tech-policy/news/2011/06/judge-tells-google-sniffing-even-open-wifi-networks-may-be-wiretapping.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/industry/google.htm

Internet economy: New framework for an open Internet agreed at OECD, OECD
OECD governments and other stakeholders have created a new framework to promote a more transparent, open Internet at a two-day meeting in Paris.
http://www.oecd.org/topic/0,3699,en_2649_37441_1_1_1_1_37441,00.html?rssChId=37441#48289776
More Info: http://www.cybertelecom.org/intl/

Homeland Security Working Hard To Make Sure No One Wants To Use .com Or .net Domains, Techdirt
Remember Erik Barnett? He's the deputy director of Homeland Security's Immigration and Customs Enforcement (ICE) unit, who seems to have a way with words. He's the guy who admitted that Homeland Security was censoring websites because entertainment companies asked them to. He's also the guy who lied about whether or not anyone was challenging domain seizures when he knew those challenges were underway.
http://www.techdirt.com/articles/20110705/02241714968/homeland-security-working-hard-to-make-sure-no-one-wants-to-use-com-net-domains.shtml
More Info: http://www.cybertelecom.org/ip/copyright.htm

Senator Leahy Praises US Gov't Censorship Of Websites As ICE Takes Another Victory Lap, Techdirt
It really would be kind of funny to watch the US government congratulate itself for censorship of websites if it wasn't just kind of sad. At a Senate Judiciary committee hearing on intellectual property issues, Senator Patrick Leahy (top 3 campaign contribution sources: lawyers, entertainment industry, lobbyists -- you can't make this stuff up) praised administration officials
http://www.techdirt.com/articles/20110622/23544914820/senator-leahy-praises-us-govt-censorship-websites-as-ice-takes-another-victory-lap.shtml
More Info: http://www.cybertelecom.org/ip/copyright.htm

Law Professors Come Out Against PROTECT IP, Techdirt
Another day, another constituency speaking out against PROTECT IP and the damage that it will do. This time, it's a large group of law professors (over 90 have signed on so far), including some big names. The professors' full letter is embedded below, but the key points are found right at the beginning:
http://www.techdirt.com/articles/20110705/01205814962/law-professors-come-out-against-protect-ip.shtml
More Info: http://www.cybertelecom.org/ip/copyright.htm

Consumer Confidence in Internet Marketplace Depends on Privacy Protections FTC Tells Senate Commerce Committee, FTC
The Federal Trade Commission today told Congress that consumers must be confident that their privacy will be protected if they are to be willing to take advantage of all the benefits offered by the Internet marketplace.
http://www.ftc.gov/opa/2011/06/privacytestimony.shtm
More Info: http://www.cybertelecom.org/privacy/

FPF Issues Statement on FCC & FTC Location Based Services Forum:, FPF
Leaders of the Future of Privacy Forum (FPF), a privacy think tank whose Advisory Board includes privacy scholars, privacy advocates and corporate privacy officers, made the following statements in relation to today's FCC & FTC Forum on Location Based Services:
http://www.futureofprivacy.org/2011/06/28/fpf-issues-statement-on-fcc-ftc-location-based-services-forum/
More Info: http://www.cybertelecom.org/privacy/

FTC reportedly investigating Twitter, CW
The Federal Trade Commission has launched an investigation into Twitter, according to a report from the Business Insider website.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/xFNx8-VJ4Iw/FTC_reportedly_investigating_Twitter
More Info: http://www.cybertelecom.org/privacy/socialnetworks.htm

Protect Your Computer and Phone from Illegal Police Searches, EFF
Your computer, your phone, and your other digital devices hold vast amounts of personal information about you and your family. Can police officers enter your home to search your laptop? Do you have to give law enforcement officials your encryption keys or passwords? If you are pulled over when driving, can the officer search your cell phone?
http://www.eff.org/press/archives/2011/06/27
More Info: http://www.cybertelecom.org/security/bigbrother.htm

Breaking the Nazis' Enigma codes at Bletchley Park (photos), CNET
Road Trip 2011: Many say World War II would have lasted two more years if master British code breakers, led by Alan Turing, and using information and devices from Polish mathematicians, hadn't solved the Germans' secret cyphers.
http://news.cnet.com/2300-13772_3-10008455.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/security/crypto.htm

Robert Morris, Pioneer in Computer Security, Dies at 78, NYT
Mr. Morris, once chief scientist of the National Security Agency's computer security center, helped plan electronic attacks on Saddam Hussein's government.
http://feeds.nytimes.com/click.phdo?i=de4de09481a8fd6ab3ce2032dabc6532
More Info: http://www.cybertelecom.org/security/hacker.htm

FCC: Broadband Access for Rural Americans Improves, USTelecom
The United States has made considerable progress during the past two years toward making sure that rural areas of the country have access to widely available and affordable broadband Internet service.
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/06/23/fcc-broadband-access-for-rural-americans-improves/
More Info: http://www.cybertelecom.org/usf/rural.htm

The ACLU is Looking for a Technologist/Senior Policy Analyst, TLF
The American Civil Liberties Union Foundation (ACLU), founded in 1920, is a nationwide, nonprofit, nonpartisan organization with more than 500,000 members, and is dedicated to the principles of liberty and equality embodied in the U.S. Constitution. The Speech, Privacy and Technology Project of the ACLU's National office in New York City is seeking applicants for the full-time position of Technologist / Senior Policy Analyst.
http://feedproxy.google.com/~r/techliberation/~3/t42C8aMqgrs/
More Info: http://www.cybertelecom.org/

FCC Adopts Anti-Spoofing Rules Implementing Truth In Caller ID Act, Telecom Law Monitor
Implementing the Truth in Caller ID Act passed last December, the FCC adopted rules prohibiting the fraudulent manipulation of caller ID information. These so-called anti-"spoofing" rules track the statutory language to prohibit any person from "knowingly transmit[ing] misleading or inaccurate caller identification information with the intent to defraud, cause harm, or
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/ygytBZ57t74/
More Info: http://www.cybertelecom.org/

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