FOR IMMEDIATE RELEASE
July 11, 2012
FCC WILL BEGIN ACCEPTING LAW STUDENT AND JUDICIAL CLERK APPLICATIONS ON JULY 23, 2012 FOR FALL 2013 ATTORNEY HONORS PROGRAM
Washington, D.C. - The Federal Communications Commission today announced that it will accept applications from graduating law students and current judicial clerks for its Fall 2013 Attorney Honors Program. The application window opens on July 23, 2012.
Attorneys at the FCC work on cutting-edge legal and policy issues in the communications and technology arenas. They promote the deployment of high-speed broadband communications; protect the rights of consumers; promote access to communications services for all Americans, including Americans with disabilities; review major mergers and acquisitions; and promote public safety and homeland security.
Through the Attorney Honors Program, the FCC recruits law graduates to the agency and the field of communications. The FCC encourages law students in their final year of study and judicial clerks with superior academic credentials and an interest in communications law to apply for the Fall 2013 class. Applications must be received by September 21, 2012; incomplete or late applications will not be considered. All Attorney Honors Program participants will be located at the FCC’s headquarters in Washington, DC.
Interested candidates should apply by submitting a cover letter, resume, writing sample, official and/or unofficial law school transcript, and list of three references via email to Honors.Program@fcc.gov. More information, eligibility criteria, and application instructions are available at http://www.fcc.gov/attorneyhonorsprogram.
An Educational Not for Profit focused on Federal Internet and Telecommunications Policy
Tuesday, July 31, 2012
FCC Attorney Honors Program Applications Due Sept 21
Monday, July 30, 2012
Take Action Against Online Bullying
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
- July 28 :: DEFCON LV
- July 29 - August 3 :: IETF Vancouver
- July 30 :: REPLY COMMENTS DUE PRIVACY AND SECURITY OF INFORMATION STORED ON MOBILE COMMUNICATIONS DEVICES. (DA No. 12-928). (Dkt No 96-115 ).
- July 31 :: 1918 :: USG Nationalizes AT&T and Telephone System
- Aug 2 :: 1991 :: Commercial Internet eXchange (CIX) Incorporated
- Aug 3 :: 2000 :: MCI WCOM / Sprint merger application withdrawn
- Aug 3 :: FCC Open Meeting
- Aug 6 :: Comments Due USF School Library Eligibility List
- Aug 8 :: 2000 :: MCI WCOM / Sprint Merger Application Withdrawn from FCC
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]
- FCC: Cable Broadband Delivers Outstanding Performance, CableTechTalk Keyword: [Broadband]
- AT&T Statement on FCC Broadband Speed Report, AT&T Keyword: [Broadband]
- FCC Report: Broadband Providers Deliver 96% of Advertised Speeds, USTelecom Keyword: [Broadband]
- Xfinity Internet Delivers Again According to FCC Report, Comcast Keyword: [Broadband]
- Crawford Criticizes America’s Infrastructure Investment Heroes for Being the Best, Tech Liberation Front Keyword: [Broadband]
- FCC: ISPs 'better' on meeting advertised broadband speeds, CNET Keyword: [Broadband]
- SWAT Team Raids Wrong Home Due to Open Wi-Fi - Once More With Feeling: An IP Address is Not Enough Proof of Guilt, DSLReports Keyword: [Wifi Security]
- Airlines Must Now Disclose Hidden Fees, Why Not ISPs? - Decades of Bogus Fees And Regulators Don't Care, DSLReports Keyword: [Disclosure]
- Google launches 1 Gbps Internet service, Muni Keyword: [Fiber]
- Google fiber – “experiencing awesome things together”, Crawford Keyword: [Google]
- Google 'breaches' UK privacy deal, BBC Keyword: [Google]
- Google oops: Did not delete Street View data as promised, CNET Keyword: [Google]
- Here's The Proposal The FCC Says Doesn't Exist To Move Network Diagnostics To Proprietary Servers, Techdirt Keyword: [Plan]
- Rural America trails rest of nation in home broadband use, but gap has narrowed in past two years, Pew Keyword: [Rural]
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]
- Open Internet Advisory Committee kick-off, Freedom to tinker Keyword: [OI Advisory Committee]
- Verizon v. FCC - Net Neutrality Amicus Brief of TechFreedom, CEI, Free State Foundation & Cato, Teckfreedom Keyword: [Open Internet Lit]
"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]
- The RIRs in a Post-IPv4 world: Is the End of IP Address Policy Making Nigh?, CircleID Keyword: [IP Addresses]
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]
- GPS Hijacking Catches Feds, Drone Makers Off Guard, Wired Keyword: [GPS]
- Cisco to lay off 1,300 workers, Globe Keyword: [Industry]
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]
- IGF 2012 PREPERATORY MEETING: THE SUCCESS OF MULTI-STAKEHOLDER MODEL, European Net Foundation Keyword: [ITU]
- ITU Gives a Nod Towards Transparency; Still a Long Road to Full Civil Society Participation, CDT Keyword: [ITU]
- Chinese arrests in net crackdown, BBC Keyword: [China]
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]
- Court Won't Shut Down Aereo Before Trial; Round 2 Begins For Internet TV Startup, EFF Keyword: [Video]
- Twitter works with NBC to take on Olympic Games, CW Keyword: [Video]
- Senate asks: Do cable laws still make sense?, WAPO Keyword: [Video]
- Netflix shares plunge on slower subscriber growth, Globe Keyword: [Video]
- As Wikipedia Gets Pickier, Editors Become Harder To Find, NPR Keyword: [Media]
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]
- Justice Dept. Announces Privacy Enforcement Unit, Daily Dashboard Keyword: [Privacy]
- EFF to FCC: Consumers Face Uphill Battle in Fight for Mobile Device Privacy, EFF Keyword: [Privacy]
- Weitzner Leaving White House, Returning to MIT, Daily Dashboard Keyword: [Privacy]
- Charting a Course for Privacy Innovations, MS Keyword: [Pirvacy]
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]
- Franken Amendment Would Remove Worst Part of Cybersecurity Bill , EFF Keyword: [Security]
- New Cybersecurity Bill May Actually Take Privacy Concerns Seriously, Techdirt Keyword: [Security]
- New Cybersecurity Proposal Patches Serious Privacy Vulnerabilities, EFF Keyword: [Security]
- DARPA-Funded Researcher Can Take Over Android And Nokia Phones By Merely Waving Another Device Near Them, Forbes Keyword: [Security]
- Justice Department trains prosecutors to combat cyber espionage, WAPO Keyword: [Security]
- URGENT: Businesess Must Act to Stop Congress on Cyber Legislation, Forbes Keyword: [Security]
- New Cybersecurity Bill Is Far Weaker, WSJ Keyword: [Security]
- Senators in new push on cybersecurity bill, FT Keyword: [Security]
- Obama warns US on cyber-threats, BBC Keyword: [Security]
- Newest U.S. Counterterrorism Strategy: Trolling, Wired Keyword: [Security]
- Feds Wait Until Late Friday To Admit That, Yeah, They Ignored The 4th Amendment, Techdirt Keyword: [4th Amendment]
- Congress Must Act After US Government Admits To Unconstitutional Warrantless Wiretapping For the First Time, EFF Keyword: [4th Amendment]
- One day after DC police's reasonable camera policy, phone still taken, Ars Technica Keyword: [Big Brother]
- Grum botnet still alive after suffering significant blow, CW Keyword: [BOTS]
- Huge spam botnet is taken down, BBC Keyword: [BOTS]
- Can Skype 'wiretap' video calls?, CNN Keyword: [CALEA]
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]
- 85% of Americans hate targeted political ads on Facebook, CNET Keyword: [Social Networks]
- 88 percent stalk their exes on Facebook, CNET Keyword: [Social Networks]
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]
Tuesday, June 26, 2012
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 ::
============================================
CyberTelecom News Weekly
Federal Internet Law and Policy
============================================
Trying to revamp the news a little. Feedback Welcome.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 UN̢۪s 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 wasn̢۪t 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 world̢۪s 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 Nation̢۪s 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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~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Thursday, June 21, 2012
EFF Cyberlaw Pub Quiz
1. In In re Grand Jury Subpoena Duces Tecum Dated March 25, 2011, 670 F.3d 1335 (11th Cir. 2012), the court relied upon which Amendment in protecting a man from being forced to decrypt his computer?
2. Justice Alito in U.S. v. Jones imagined how one might have conducted surveillance comparable to GPS tracking in 1791. Which was not part of his hypothetical:
(a) a tiny constable
(b) incredible fortitude and patience
(c) a hand-written writ
(d) a gigantic coach
3. A Markman hearing is pretrial hearing in which a judge examines evidence on the meanings of words used in a patent claim. Markman held a patent for an "Inventory Control and Reporting System" for what kind of store?
4. In the 2012 Oracle v. Google lawsuit, Google was found to have copied one program, known as rangeCheck - It consisted of how many lines of code?
5. On January 25, 2012, at least 15,000 people demonstrated in the streets of Kraków against what international trade agreement?
Tuesday, June 19, 2012
EVENT :: DC ISOC :: CENSORSHIP 2020: The Future of Free Speech Online :: June 25
Sunday, June 17, 2012
6.17 :: Ignite :: Indite :: Faster Cheaper :: Banning Kids from Parks :: Does Anyone Listen to Podcasts :: Keep Your Stick on the Ice :: The Oatmeal :: Really Outrageous ::
CyberTelecom News Weekly
Federal Internet Law and Policy
============================================
"That the automobile has practically reached the limit of its
development is suggested by the fact that during the past year no
improvements of a radical nature have been introduced." Scientific
American (Jan. 2, 1909)
White House Looks to Ignite Broadband Innovation, Deployment,
Broadband For America
Broadband for America members Comcast and Verizon are combining forces
with The White House and nearly 100 other government, industry and
nonprofit organizations to launch a new initiative called US Ignite.
http://www.broadbandforamerica.com/blog/white-house-looks-ignite-broadband-innovation-deployment
Internet2 Statement Regarding Launch of US Ignite, Internet2`
https://lists.internet2.edu/sympa/arc/i2-news/2012-06/msg00000.html
Making Broadband Construction Faster and Cheaper, White House
Tomorrow, the President will sign an Executive Order to make broadband
construction along Federal roadways and properties up to 90 percent
cheaper and more efficient. Currently, the procedures for approving
broadband infrastructure projects on properties controlled or managed
by the Federal Government—including large tracts of land, roadways,
and more than 10,000 buildings across the Nation—vary depending on
which agency manages the property. The new Executive Order will ensure
that agencies charged with managing Federal properties and roads take
specific steps to adopt a uniform approach for allowing broadband
carriers to build networks on those assets. It will also allow
service providers to deploy broadband while roads are under
construction, a practice that hugely cuts costs.
http://www.whitehouse.gov/blog/2012/06/13/making-broadband-construction-faster-and-cheaper
Obama order targets cost of broadband deployment, CW
U.S. President Barack Obama will sign an executive order Thursday
intended to make it less expensive for broadband providers to install
lines and equipment on federal lands and also federal roads.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/BVJoNjfgNGM/Obama_order_targets_cost_of_broadband_deployment
Notice of open meeting, NTIA
Announces a public meeting of the Commerce Spectrum Management
Advisory Committee (Committee) to be held on July 24, 2012, from 1:30
p.m. to 5:30 p.m., Mountain Daylight Savings Time.
http://www.ntia.doc.gov/federal-register-notice/2012/notice-open-meeting
STATEMENT FROM FCC CHAIRMAN JULIUS GENACHOWSKI ON NETWORKS' COMMITMENT
TO MOVE PARENTAL TV GUIDELINES ONLINE FOR SHOWS, FCC
"I applaud the networks' commitment to empower parents. With our
rapidly changing media marketplace, it is vital parents have tools to
help them make informed choices."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-314547A1.pdf
Geoffrey Stone, WikiLeaks and the First Amendment, FCLJ
In November 2010, Julian Assange's WikiLeaks collaborated with major
media organizations to release thousands of classified U.S. State
Department documents. American soldier Bradley Manning stands accused
of leaking those documents to the website. In
http://www.law.indiana.edu/fclj/pubs/v64/no3/Vol.64-3_2012-May_Art.-01_Stone.pdf
(Don't) Blame the Messenger: What to Do about National Security Leaks,
Citizens Media Law Project
Lately I have been following the discussion about the most recent
series of national security leaks, including those that detailed the
White House's terrorist "kill lists," the foiling of a terrorist plot
by a double agent in Yemen, and cyberattacks against Iran. Outrage
about leaks is hardly new. Neither are leaks. (See my prior article
detailing the long history of leaks in this country.) What is new is
that the outrage this time around seems
http://feedproxy.google.com/~r/CitizenMediaLawProject/~3/g_4eNTxikok/dont-blame-messenger-what-do-about-national-security-leaks
Adam Candeub and Daniel McCartney, Law and the Open Internet, FCLJ
The FCC has issued a new set of Internet access regulations and
policies (namely Preserving the Open Internet Broadband Industry
Practices, Report and Order, FCC 10-201, rel. Dec. 23, 2010), which
would prohibit broadband service providers like AT&T or Comcast from
discriminating against unaffiliated content providers. The
http://www.law.indiana.edu/fclj/pubs/v64/no3/Vol.64-3_2012-May_Art.-02_Candeub.pdf
The Battle For Net Neutrality Flares Up Again: But Which Countries
Still Have It?, Techdirt
Net Neutrality has suddenly become a hot topic again. Partly, that's
thanks to some awful ideas about regulating the Internet coming from
the International Telecommunication Union, notably those proposed by
the ETNO -- the European Telecommunications Network Operators
Association -- discussed recently on Techdirt. New information from
WCITLeaks Wikileaks (found via the Net neutrality in Europe site)
provides us
http://www.techdirt.com/articles/20120614/05230419318/battle-net-neutrality-flares-up-again-which-countries-still-have-it.shtml
Tales from a Cybersquatting Law Lawsuit, Cybersquatting & Domain Disputes
Now the first thing you need to know is that the ACPA, the
Anti-cybersquatting Consumer Protection Act, has a very limited number
of cases that have been decided under it. The language of the statute
is fairly clear, but, as...
http://feedproxy.google.com/~r/CybersquattingDomainNameDisputeAttorneysLawyers/~3/jworv1_gK74/tales-from-a-cybersquatting-law-lawsuit.html
UN Internet Takeover Rumours Mask Bigger Governance Shortcomings, Michael Geist
In recent months the Internet has been buzzing about the prospect of a
United Nations "takeover" of the Internet, including responsibility
for governance of the domain name system. The concern hit a fever
pitch late last month when the U.S. Congress held hearings on the
issue. A steady stream of technology companies and consumer groups
expressed fears with potential U.N. and foreign government involvement
and
http://feedproxy.google.com/~r/MichaelGeistsBlog/~3/cVBMXAxg5R8/
Why the new domain-name lottery is a train wreck, Gigaom
In case you missed all of the hullabaloo, the internet is about to get
a whole lot bigger — or noisier and more confusing, depending on how
you look at it. That's because ICANN, the non-profit agency that
controls the internet address system, has decided to expand the
existing catalogue of names that can be used in web addresses so that
it can add hundreds of new "top-level domains." Do we really need
addresses that end in .beer
http://feedproxy.google.com/~r/OmMalik/~3/x60KuA2_0ug/
Does the ITU Want to Regulate the Internet?, Telefrieden
Remarkably the International Telecommunication Union ("ITU") has flown
under the radar scope of critics. This specialized United Nations
agency does have a substantial impact on telecommunications, spectrum
management and the Internet. Wireless carriers in the United States
can blame the FCC all they want for spectrum scarcity, but the true
originator of spectrum allocation decisions typically is the ITU.
Nations usually
http://telefrieden.blogspot.com/2012/06/does-itu-want-to-regulate-internet.html
Who should govern the internet?, BBC
A debate is raging over who should govern the net
http://www.bbc.co.uk/news/technology-18440558#sa-ns_mchannel=rss&ns_source=PublicRSS20-sa
IPv6 All the Way Down, ICANN
In the past we've talked about how the Internet's key infrastructure
has been getting ready for IPv6. In 2004, the first IPv6 glue was
added to the root DNS zone for .JP and .KR but when you look at a part
of the root zone today – the part related to ccTLDs derived from the
ISO-3166-1 list – you can see that a huge proportion of TLD operators
are ready for IPv6.
http://blog.icann.org/2012/06/ipv6-all-the-way-down/
Internet Addresses Get More Space With New Protocol, NPR
Even on the Internet, 4.3 billion just wasn't enough; 340 undecillion
is more like it. That's 340 trillion trillion trillion, the new
capacity of available Internet addresses, thanks to IPv6, the next
generation protocol that launched this past week. Weekend
EditionSunday host Rachel Martin talks with CNET senior writer Stephen
Shankland to put it all in perspective.
http://www.npr.org/2012/06/10/154688151/internet-addresses-get-more-space-with-new-protocol?ft=1&f=1019
FBI, DEA warn IPv6 could shield criminals from police, CNET
FBI, DEA, and Royal Canadian Mounted Police say IPv6 may erode their
ability to trace Internet addresses -- and warn new laws may be
necessary if industry doesn't do more.
http://feedproxy.google.com/~r/cnet/tcoc/~3/ccSLqYDZSOQ/
Leading Internet prognosticator still pessimistic about IPv6, CW
Geoff Huston, an Australian researcher whose predictions about IPv4
depletion dates have proven uncannily accurate over the years, is
still not certain that IPv6 will get deployed in time to avert an
addressing crisis across the Internet.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/KeLaBScM-oQ/Leading_Internet_prognosticator_still_pessimistic_about_IPv6
The Power of Open Education Data, White House
On Tuesday, Vice President Biden, U.S. Education Department Secretary
Arne Duncan, and Consumer Financial Protection Bureau Director Richard
Cordray hosted a roundtable with college presidents who pledged to
provide clear, useful information to all incoming college students and
their families, as part of their financial aid package, so that they
can "know before they owe."
http://www.whitehouse.gov/blog/2012/06/08/power-open-education-data-0
If We Build It, They Can't Come, Level3
For years, Level 3 has objected to the major incumbent telcos use of
"demand lock up" arrangements in the market for special access
services. The incumbent phone companies use and maintain their
dominance in the special access market to demand that their customers
commit to buy as much as 90 percent or more of their wired connections
from these incumbents. Customers that refuse are denied access to
enormous
http://feedproxy.google.com/~r/BeyondBandwidth/~3/8P3_JRVu01k/
Lawmakers want FCC to bail out LightSquared with military spectrum,
Ars Technica
A bipartisan group of lawmakers wants the Federal Communications
Commission to salvage LightSquared's seemingly doomed plan to build a
4G LTE network by letting the company trade its spectrum for more
suitable airwaves controlled by the Department of Defense.
http://arstechnica.com/tech-policy/2012/06/lawmakers-want-fcc-to-bail-out-lightsquared-with-military-spectrum/
The LightSquared Show Will Continue a Little Longer - Deal With
Lenders Keeps Company Afloat a Little Longer, DSLReports
With no product and no necessary FCC waiver to offer service,
LightSquared is for all intents and purposes dead -- they just don't
really know it yet. This week the company lobbied a few lawmakers in a
last ditch and likely futile effort to get Uncle Sam to swap out their
miserable, GPS-interference-causing spectrum holdings with some of the
spectrum currently held by the Department of Defense. Now LightSquared
says
http://www.dslreports.com/shownews/The-LightSquared-Show-Will-Continue-a-Little-Longer-119928
Bankrupt LightSquared's Drama Drags On -- And Markets Move On, Forbes
Last time we checked in with LightSquared, its sad saga suggested why
crony capitalism might be here to stay. Philip Falcone, I remarked,
sounded "like some of the less sympathetic Occupy protestors who have
complained that even though they went through the motions prescribed
by the system, the system failed them."
http://www.forbes.com/sites/jamespoulos/2012/06/08/bankrupt-lightsquareds-drama-drags-on-and-markets-move-on/
Is the U.N. Trying to Tax the Internet?, Forbes
So are they or aren't they?
http://www.forbes.com/sites/kellyphillipserb/2012/06/08/is-the-u-n-trying-to-tax-the-internet/
Debunking Rumors of an Internet Takeover, NYT
In the blogosphere, many conspiracy theorists fear that China, Russia
or some other country is plotting to win control of the Internet. The
problem is, there is no evidence of such a takeover.
http://feeds.nytimes.com/click.phdo?i=002fe13283cfba87c5ee56f75abc5190
US Continues To Try To Block Megaupload From Using Its Lawyers,
Pretends It Has Jurisdiction Over The World, Techdirt
Following some filings by Megaupload's lawyers in the US, the US
Attorneys office has shot back, asking the court to deny all of the
company's requests. And, it goes even further than that: seeking to
deny Megaupload the ability to use the topnotch lawyers it hired. This
part is not new. Back in April, it sought to block Megaupload from
hiring Andrew Schapiro from Quinn Emanuel, arguing that there's a
"conflict of interest" because the
http://www.techdirt.com/articles/20120614/10282219327/us-continues-to-try-to-block-megaupload-using-its-lawyers-pretends-it-has-jurisdiction-over-world.shtml
Former Federal Judge Calls US Prosecution Of Megaupload 'Really
Outrageous', Techdirt
To hear folks in Hollywood talk about it, the US's indictment and
prosecution of Megaupload are a done deal. Without any actual trial,
people have decided that the company is clearly 100% evil and guilty.
Yet, as we keep noting, the details of the indictment and prosecution
keep turning up significant errors on the part of the US, as well as
questions about the legality of what the US did. And plenty of people
who really understand this
http://www.techdirt.com/articles/20120614/10345619328/former-federal-judge-calls-us-prosecution-megaupload-really-outrageous.shtml
Funnyjunk Lawyer Being Mocked Mercilessly, Makes Things Worse By
Trying To Shut Down The Oatmeal's Fundraiser, Techdirt
As the famous saying goes, when you are in a hole, stop digging.
Someone might want to send that message to lawyer Charles Carreon, who
has (legitimately) worked on some good cases in the past. However, for
reasons that are confusing even his friends, he seems to be trying to
respond to a big mistake by hinting at an even bigger one. As you have
probably heard -- since it's all over the freaking internet -- there's
a little fight going
http://www.techdirt.com/articles/20120613/01004319296/funnyjunk-lawyer-being-mocked-mercilessly-makes-things-worse-trying-to-shut-down-oatmeals-fundraiser.shtml
Holder In The Hot Seat, Still Can't Explain Why DOJ Censored Hip Hop
Blog, Techdirt
Back in December, right after it came out that the Justice Department
had seized and censored a hip hop blog for over a year and then gave
it back, effectively admitting that there was no legal basis for the
censorship, Rep. Zoe Lofgren asked Attorney General Eric Holder about
what
http://www.techdirt.com/articles/20120608/07190719247/holder-hot-seat-still-cant-explain-why-doj-censored-hip-hop-blog.shtml
DOJ Realizes That Comcast & Time Warner Are Trying To Prop Up Cable By
Holding Back Hulu & Netflix, Techdirt
For quite some time now, we've been reporting on how the big
television players were so upset that Hulu and Netflix were dragging
them kicking and screaming into the 21st century (even though they
owned Hulu) that they were working on plans to kill off both services
-- or at least cripple them. Mostly, what this goes back to is the
inevitable fact that the internet is going to subsume television. But,
these days, there's so much money
http://www.techdirt.com/articles/20120614/01292519313.shtml
Why Comcast will Vehemently Fight a DOJ Investigation, CircleID
If your company becomes a huge dominate market player in both
broadband and content delivery, scrutiny will come your way, like it
or not. Comcast (NASDAQ: CMCSA) has been so successful in building
both a content and delivery system to such a mass audience; it's
beginning to look like former monopolies which grew unwanted
investigations and break-ups in the 1980's. Remember AT&T and the DOJ
anti-trust decision to
http://www.circleid.com/posts/20120615_why_comcast_will_vehemently_fight_a_doj_investigation/
Red Green Show Thrives Thanks To The Internet And A Whole Lot Of Duct
Tape, Techdirt
This one is a tad old, but it is certainly worth sharing. A while
back, Chuck Norris' Enemy (deceased) sent in this great interview with
Steve Smith, the creative mind and star of the Red Green Show. This
show, for those who are not familiar with it, is the amalgamation of
comedy, handyman,
http://www.techdirt.com/articles/20120502/06373818741/red-green-show-thrives-thanks-to-internet-whole-lot-duct-tape.shtml
Guide to Tech News Podcasts, Cybertelecom
Does anyone still listen to podcasts (you know, as in iPod). Podcasts
are on demand audio files; you subscribe to the audio feed through an
RSS feed or through itunes so that each time there is a new show, it
magically appears through the wonders of technology on your thingy.
Lots of tech
http://feedproxy.google.com/~r/CybertelecomBlog/~3/hAScxFGSPnY/guide-to-tech-news-podcasts.html
NIST Computer Security Division 800-146, Cloud Computing Synopsis and
Recommendations, NIST
The final version of NIST Special Publication 800-146, Cloud Computing
Synopsis and Recommendations is NIST's general guide to cloud
computing. It explains cloud systems in plain language and provides
recommendations for information technology decision makers ranging
from chief information officers, information systems developers,
system and network administrators, information
http://csrc.nist.gov/publications/nistpubs/800-146/sp800-146.pdf
Spokeo to Pay $800,000 to Settle FTC Charges Company Allegedly
Marketed Information to Employers and Recruiters in Violation of FCRA,
FTC
Spokeo, Inc., a data broker that compiles and sells detailed
information profiles on millions of consumers, will pay $800,000 to
settle Federal Trade Commission charges that it marketed the profiles
to companies in the human resources, background screening, and
recruiting industries without taking steps to protect consumers
required under the Fair Credit Reporting Act.
http://www.ftc.gov/opa/2012/06/spokeo.shtm
Banning Kids from Facebook is Like Banning Kids from Parks & Shopping
Malls, TLF
In my most recent weekly Forbes column, "Common Sense About Kids,
Facebook & The Net," I consider the wisdom of an online petition that
the child safety advocacy group Common Sense Media is pushing, which
demands that Facebook give up any thought of letting kids under the
age of 13 on the site. "There is absolutely no proof of any meaningful
social or educational value of Facebook for children under 13," their
petition insists.
http://feedproxy.google.com/~r/techliberation/~3/h2jnoJ6bX9A/
Department of Homeland Security Exempts Massive Database from Privacy Act, EPIC
The Department of Homeland Security issued a final rule exempting its
Operations System from various Privacy Act safeguards, including
provisions that permit individuals to access information about them
held by the agency. The system "fuses" information from many sources
which the agency uses for investigatory purposes. There are over
twenty categories of data, including social security numbers,
citizenship, medical
http://epic.org/2012/06/department-of-homeland-securit-3.html
Regulators Must Remain Vigilant, Ask Tough Questions in Cyber Debate:
NARUC Primer, NARUC
With the electric-utility sector focusing on cybersecurity
protections, State public service commissioners must remain vigilant
and ask effective questions as regulated utilities make critical
investments, a new paper from the National Association of Regulatory
Utility Commissioners concludes.
http://www.naruc.org/News/default.cfm?pr=319
With FBI snooping on social media, how to protect privacy, CNET
The FBI is finding new ways to eavesdrop by intercepting Internet,
wireless, and VoIP communications. CNET's Sumi Das breaks down what
you need to know.
http://feedproxy.google.com/~r/cnet/tcoc/~3/6xNx__Wxx34/
Alleged Lulzsec member, Ryan Cleary, indicted in U.S., CW
A U.S. federal grand jury has indicted Ryan Cleary, a British citizen,
accusing him of orchestrating a hacking rampage last year that
victimized Sony Pictures Entertainment, Fox Entertainment Group and
others.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/uq4Sf1y7IE0/Alleged_Lulzsec_member_Ryan_Cleary_indicted_in_U.S.
$422,000 to stream a movie? The continued "success" of phone cramming,
Ars Technica
If you were watching Mulholland Drive on your phone, it probably
wasn't through Streaming Flix.
http://arstechnica.com/tech-policy/2012/06/422000-to-stream-a-movie-the-continued-success-of-phone-cramming/
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