Tuesday, October 18, 2011

10.18 :: Sued :: What Has the FCC Done :: Filtering :: End-4-End-2-End? :: Cozied :: Seized :: 250m Inane Banters :: Interfaith Message Processor ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
"[F]reedom to differ is not limited to things that do not matter
much. That would be a mere shadow of freedom. The test of its
substance is the right to differ as to things that touch the heart of
the existing order." — Supreme Court Justice Robert Jackson, West
Virginia State Board of Education v. Barnette, 319 U.S. 624 (1943)

Customers sue Frontier over broadband surcharge, CW
Four customers of Frontier Communications have filed a class action
lawsuit against the broadband and digital voice provider over a $1 to
$1.50 mystery charge on their monthly bills.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/316kM6L1N4U/Customers_sue_Frontier_over_broadband_surcharge

What Has The FCC Done To Actually Encourage Competition?, Techdirt
For the better part of a decade, we've been arguing that the main
problem with broadband in the US, and the main reason we remain so far
behind many other countries, is the stunning lack of competition. The
broadband field is dominated by just a few players, and they always
seem
http://www.techdirt.com/articles/20111013/16595616344/what-has-fcc-done-to-actually-encourage-competition.shtml

Will LightSquared's GPS Filtering Technology Work?, Field Logix
LightSquared and the GPS industry still have a long way before they can coexist.
http://www.fieldtechnologies.com/will-lightsquareds-gps-filtering-technology-work/

Farm Groups to FCC: Study LightSquared's Impact on GPS, Nebraska Farmer
Company's impact could adversely affect precision agriculture
operations, according to Nebraska producer.
http://nebraskafarmer.com/story.aspx/farm-groups-to-fcc-study-lightsquareds-impact-on-gps-9-53965

A Practical Look at the FCC's Open Internet/Net Neutrality
Regulations, Telecom Law Monitor
On December 23, 2010, the FCC adopted new Open Internet ("network
neutrality") rules that place a variety of disclosure and other
obligations on certain providers of broadband Internet access. On June
30, 2011, while required OMB review of the new rules continued, the
FCC's
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/w9QncMJ0jZA/

Adam Candeub, A Dead End for End-to-End? A Review Essay of Barbara van
Schewick's Internet Architecture and Innovation, FCLJ
Amidst much controversy, the Federal Communications Commission (FCC)
released its landmark "network neutrality" order last December. This
regulation prohibits Internet service providers, such as Verizon or
Comcast, from discriminating in favor of traffic or content which they
own or
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1943716

When Should Federal Law Allow Domain Seizures?, Volokh Conspiracy
My co-blogger David Post has authored several passionate posts harshly
criticizing the federal government's recent practice of seizing domain
names pursuant to ex parte court orders based on probable cause. In
his post yesterday, David calls the process "nightmarish," and
describes
http://feedproxy.google.com/~r/volokh/mainfeed/~3/Q62xf33vaDw/

Copyright czar cozied up to Big Content, e-mails show, Ars Technica
Top-ranking Obama administration officials, including the US copyright
czar, played an active role in secret negotiations between Hollywood,
the recording industry and ISPs to disrupt internet access for users
suspected of violating copyright law, according to internal White
House e-mails.
http://arstechnica.com/tech-policy/news/2011/10/copyright-czar-cozied-up-to-big-content-e-mails-show.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

Twitter CEO: 250 million tweets a day--now what?, CNET
CEO Dick Costolo tells an audience at the Web 2.0 Summit that
Twitter's key challenge is to separate the "signal from the noise.
http://feedproxy.google.com/~r/cnet/tcoc/~3/-ZYLfjaiII8/

Government Cloud Computing — "Progress & Best Practices", Fed News Radio
Jim Flyzik is the President of TheFlyzikGroup www.theflyzikgroup.com .
The company specializes in Strategic Business Consulting, Performance
Based
http://www.federalnewsradio.com/?nid=239&sid=2111678

iCloud snafus point to dark side of consumer cloud, Gigaom
Apple's highly anticipated iCloud consumer cloud service went live
last week in a debut marred by snafus that show that cloud providers
still have some kinks to work out.
http://feedproxy.google.com/~r/OmMalik/~3/YrP9IPZ_UlI/

Federal Cloud Technology Roadmap to be Introduced at Forum Workshop,
Nov. 2-4, NIST
The National Institute of Standards and Technology (NIST) will unveil
the public draft of its U.S. Government Cloud Computing Technology
Roadmap at the Cloud Computing Forum ampamp Workshop IV that it will
host Nov. 2-4, in Gaithersburg,
http://www.nist.gov/itl/cloud/roadmap-101311.cfm

Patrick Ryan, Ronak Merchant, Sarah Falvey, Regulation of the Cloud in
India, Journal of Internet Law
Cloud computing is growing, and it is growing fast. But it is not new,
and its roots are as old as computing itself – with significant
history going back to the 1950s. However, because of the rapid growth
of cloud computing, many regulatory authorities believe that it should
be regulated and
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1941494

Marketa Trimble, The Future of Cybertravel: Legal Implications of the
Evasion of Geolocation, Fordham IP, Media & Entertainment Law Journal
The internet is valued as a medium that both defies and defeats
physical borders. However, cyberspace is now being exposed to attempts
by both governments and private entities to impose territorial limits
through blocking or permitting access to content by internet users
based
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1937960

ARPANET's coming out party: when the Internet first took center stage,
Ars Technica
It was mid-1971. Ten scientists met at Massachusetts Institute of
Technology's Tech Square in Cambridge. They had been given a task by
the director of the Pentagon's Information Processing Techniques
Office. The moment had arrived, Larry Roberts told the group's
leaders, to publicly demonstrate IPTO's crowning achievement: the
Advanced Research Projects Agency Network, forerunner of the Internet.
http://arstechnica.com/tech-policy/news/2011/10/arpanets-coming-out-party-when-the-internet-first-took-center-stage.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

DoD Hit with $4.9 Billion Lawsuit Over Data Breach, Daily Dashboard
The Department of Defense is facing a $4.9 billion lawsuit over the
Tricare data breach that affected 4.9 million beneficiaries, ArmyTimes
reports.
https://www.privacyassociation.org/publications/2011_10_14_dod_hit_with_4.9_billion_lawsuit_over_data_breach/#When:18:04:56Z

Advancing the National Strategy for Trusted Identities in Cyberspace:
Government as Early Adopter, White House
When I last discussed the need for better digital credentials in this
blog, the President had just signed the National Strategy for Trusted
Identities in Cyberspace (NSTIC) to address two challenges that can
affect economic growth online: (1) the insecurity and inconvenience
of
http://www.whitehouse.gov/blog/2011/10/14/advancing-national-strategy-trusted-identities-cyberspace-government-early-adopter

Rockefeller Says SEC Guidance Fundamentally Changes the Future of
Cybersecurity, Senate Commerce
Chairman John D. (Jay) Rockefeller IV released the following statement
after the U.S. Securities and Exchange Commission (SEC) issued
guidance on its views regarding company disclosure obligations
relating to cybersecurity risks and cyber incidents:
http://commerce.senate.gov/public/index.cfm?p=PressReleases&ContentRecord_id=4acbf0d1-7695-4fd8-be64-b950da8f1372

Groups warn high court of big government intrusion in GPS case, Hill
The high court will decide whether warrant-less GPS tracking by law
enforcement is a violation of Fourth Amendment protections.
http://thehill.com/blogs/hillicon-valley/technology/187785-groups-warn-supreme-court-of-big-government-intrusion

Judge: No Warrant for Cell Tower Location Data, Daily Dashboard
A Washington, DC, judge has ruled that police do not need a warrant to
obtain cell phone location data collected through cell towers;
however, prosecutors must present evidence as to why the information
is material to the investigation, reports The Blog of Legal Times. A
"reasonable
https://www.privacyassociation.org/publications/2011_10_14_judge_no_warrant_for_cell_tower_location_data/#When:18:03:40Z

U.S. Debated Cyberwarfare Against Libya, NYT
Obama administration officials decided to use airstrikes to disrupt
and disable the Qaddafi government in March, but only after a new kind
of warfare was discussed.
http://feeds.nytimes.com/click.phdo?i=5d406846d860eeea469b1dfd7bff26bc

Ninth Circuit: ECPA Protects Stored Communications of Foreign
Citizens, Privacy Law Blog
Suzlon Energy Ltd. demanded Microsoft to produce emails from the
Hotmail email account of Rajagopalan Sridhar, an Indian citizen
imprisoned abroad. The district court held that the Electronic
Communications Privacy Act ("ECPA") prohibited Microsoft from
producing the documents even though Sridhar was not a U.S. citizen.
The Ninth Circuit affirmed.
http://feeds.lexblog.com/~r/PrivacyLawBlog/~3/5vSi1WakWmY/

ECPA Anniversary Week Brings Calls for Change, EFF
This week marks the 25th anniversary of the Electronic Communications
Privacy Act (ECPA), the main federal law setting standards for
government access to electronic communications like email. As we've
been saying for years, ECPA is woefully outdated, putting Americans'
privacy at risk.
https://www.eff.org/deeplinks/2011/10/ecpa-anniversary-week-brings-calls-change

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Website :: www.cybertelecom.org
Blog :: cybertelecom.blogspot.com
Delicious :: http://del.icio.us/rcannon100/zxc
Twitter & Facebook :: Cybertelecom
Google Group :: cybertelecom-l

AUP :: www.cybertelecom.org/cybert.htm#aup
Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us! www.cybertelecom.org
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Friday, October 14, 2011

10.14 :: FCC Announces Digital Literacy Campaign :: $400M :: $300M :: $8.5B :: $0 :: $35.20 :: Juvenile :: Hysterical ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
"The truth is rarely pure, and never simple." -Oscar Wilde

FCC Engages in More Empty Broadband Showmanship - 'Connect to Compete'
Plan Completely Ignores Competition, DSLReports
The FCC recently announced Connect to Compete, a national private and
nonprofit sector partnership created to "increase broadband adoption
and digital literacy training in disadvantaged communities throughout
the United States." According to the FCC, the plan involves partnering
with
http://www.dslreports.com/shownews/FCC-Engages-in-More-Empty-Broadband-Showmanship-116552

FCC, Non-Profits and Private Sector Partner to Expand Broadband
Adoption through Digital Literacy, Comcast
Today, at an event at The Pew Charitable Trusts' offices in
Washington, D.C., FCC Chairman Julius Genachowski announced a major
new initiative — Connect to Compete — organized by the FCC in
cooperation with a host of private sector companies and non-profit
groups to expand broadband adoption by focusing on digital literacy.
http://blog.comcast.com/2011/10/fcc-and-private-sector-partner-to-expand-broadband-adoption-through-digital-literacy.html

FCC and Connect To Compete Tackle Broadband Adoption Challenge, FCC
Yesterday, joined by executives and nonprofit leaders, Chairman
Genachowski announced a first-of-its kind national effort to address
broadband adoption, digital literacy, and the employment skills gap.
If you have a moment, there are two articles worth reading from USA
Today and the New York Times.
http://www.fcc.gov/blog/fcc-and-connect-compete-tackle-broadband-adoption-challenge

FCC Works With the Geek Squad To Broaden Broadband, Media Law Prof
The FCC increases its broadband program by enlisting folks like the
Geek Squad. More here from the New York Times.
http://lawprofessors.typepad.com/media_law_prof_blog/2011/10/fcc-works-with-the-geek-squad-to-broaden-broadband.html

FCC Commissioner Copps On the Broadband Initiative to Extend Digital
Literacy, Media Law Prof
Commissioner Copps' Statement on the Broadband Adoption Initiative to
Extend Digital Literary Training and Provide Employment Assistance To
Communities I applaud the launch of the Connect to Compete initiative
and the many participants who have committed to bring the wonders...
http://lawprofessors.typepad.com/media_law_prof_blog/2011/10/fcc-commissioner-copps-on-the-broadband-initiative-to-extend-digital-literacy.html

Public Knowledge Praises FCC's Digital Literacy Programs, PK
"We commend Chairman Genachowski for his commitment to digital
literacy, and for his efforts to help improve the ability of Americans
to find jobs and to receive the proper training for jobs. His
recognition of libraries as a center for job training, and support for
more funding of libraries,
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/huqstR-0mmU/public-knowledge-praises-fccs-digital-literacy-pro

LightSquared: GPS interference fix could cost industry $400M, FierceWireless
LightSquared Chief Marketing Officer Frank Boulben has indicated that
gear to solve the interference problem between the company's proposed
wholesale LTE network in the S-band and high-precision GPS receivers
could cost the commercial GPS industry as much as $400 million.
http://www.fiercebroadbandwireless.com/story/lightsquared-gps-interference-fix-could-cost-industry-400m/2011-10-13?utm_medium=rss&utm_source=rss

LightSquared shows GPS interference fix, CW
LightSquared and a partner, Javad GNSS, showed off a filter and an
antenna on Thursday that they said would solve the anticipated GPS
interference problem that has plagued the carrier's plan to deploy an
LTE network in frequencies near those used by GPS.
LightSquared shows GPS interference fix

LightSquared Says FCC Network Guidance Likely by Year's End, BW
Philip Falcone's LightSquared venture said it expects guidance from
U.S. regulators by year's end on its proposed wireless network, which
has sparked concerns that it may disrupt the global-positioning
system.
http://www.businessweek.com/news/2011-10-13/lightsquared-says-fcc-network-guidance-likely-by-year-s-end.html

Bad FCC Data Still Driving Bad Broadband Policy - Our Flawed $300
Million Broadband Map at the Center, DSLReports
As we noted yesterday in detail, the FCC's new "Connect to Compete"
plan appears to be another in a long line of FCC plans designed to
look like the agency is actually engaged in productive broadband
industry policy making, when in reality the FCC continues to ignore
the fact that most consumers live in uncompetitive markets and pay a
steep premium for service as a result.
http://www.dslreports.com/shownews/Bad-FCC-Data-Still-Driving-Bad-Broadband-Policy-116572

WISP White Paper Released Today, Wireless Cowboys
I've been pretty quiet on the blog lately, mostly because I have been
busy working on a white paper for WISPA that covers the advantages of
fixed wireless providers and the tremendous value that WISPs bring to
our country. I will be presenting on the paper today as the luncheon
keynote speaker at WISPAPALOOZA, the [...]
http://www.wirelesscowboys.com/?p=252&utm_source=rss&utm_medium=rss&utm_campaign=wisp-white-paper-released-today

Netflix Is Slower On AT&T Fiber Than Everyone Else's Cable. Huh?, Forbes
Ken Florance, Director of Content Delivery for Netflix, posted this on
Wednesday on Netflix's techie blog with, as promised, separate lines
for AT&T and Verizon fiber-optic offerings from their DSL offerings.
Florance writes, "The chart now gives a fairly complete look at
performance on top networks, with additional insight into how
different technologies (DSL, Cable, FTTx) impact potential
throughput."
http://www.forbes.com/sites/bruceupbin/2011/10/14/netflix-is-slower-on-att-fiber-than-everyone-elses-cable-huh/

Most people check e-mail, surf the Web when watching TV, CNET
The majority of people in the U.S. who watch television are also using
smartphones, tablets, and e-readers when viewing their favorite
programming, Nielsen finds.
http://feedproxy.google.com/~r/cnet/tcoc/~3/hOKBUSG4K7M/

OECD Workshop on Broadband Metrics, OECD
A workshop on the development of broadband Internet metrics will be
hosted by the FCC and co-chaired by the United States Department of
Commerce in Washington, D.C., United States, on October 12-13, 2011.
http://www.oecd.org/topic/0,3699,en_2649_37441_1_1_1_1_37441,00.html?rssChId=37441#48622087

Of canaries and coal mines: What happened at VeriSign?, IGP
Too many techies still don't understand the concept of due process,
and opportunistic law enforcement agencies, who tend to view due
process constraints as an inconvenience, are very happy to take
advantage of that. That's the lesson to draw from VeriSign's sudden
withdrawal of a proposed new "domain name anti-abuse policy"
yesterday.
http://feedproxy.google.com/~r/IGPBlog/~3/wEP9Mvs_VD8/4919243.html

Cybersquatting Definition under the ACPA. The Basics., Cybersquatting
& Domain Disputes
What is cybersquatting? It is a question I hear a lot as an internet
lawyer protecting trademark interests across the World Wide Web. Today
we are speaking with Attorney Brian Hall so we can all better
understand what constitutes 'cybersquatting"...
http://feedproxy.google.com/~r/CybersquattingDomainNameDisputeAttorneysLawyers/~3/YhsqxK1ht-I/cybersquatting-definition-under-the-acpa-the-basics.html

Report: Gov't Agencies Lack Effective Frameworks, Daily Dashboard
A government watchdog agency has said that the Department of Homeland
Security (DHS) "does not adequately review the privacy and
effectiveness of data-mining systems it uses in counterterrorism
efforts," reports InformationWeek. The Government Accountability
Office
https://www.privacyassociation.org/publications/2011_10_11_report_govt_agencies_lack_effective_frameworks/#When:01:00:19Z

FCC Presses AT&T About Jobs Claim, WSJ
FCC officials asked AT&T for more information about the company's
claims that its proposed $39 billion acquisition of T-Mobile USA would
create as many as 96,000 jobs.
http://online.wsj.com/article/SB10001424052970204002304576629363489354474.html?mod=rss_Technology

FCC questions AT&T on T-Mo claims, Gigaom
The Federal Communications Commission has joined those questioning Ma
Bell about its stated benefits of its purchase of T-Mobile. The agency
on Thursday sent AT&T a letter inquiring about the number of jobs AT&T
said would be created by the merger.
http://gigaom.com/broadband/fcc-questions-att-on-t-mo-claims/

Microsoft Officially Welcomes Skype, Skype
Microsoft Corp. (Nasdaq "MSFT") has closed its acquisition of Skype
Global S.à r.l. Negotiations of the definitive agreement under which
Microsoft would acquire Skype, an Internet communications company, for
$8.5 billion were led by investor group Silver Lake and the
transaction was originally announced on May 10, 2011. Boards of
directors of both Microsoft and Skype previously approved the
acquisition.
http://feedproxy.google.com/~r/AboutSkype/~3/Ol7-9VCqebY/microsoft_officially_welcomes.html

Tony Bates Weighs in on Microsoft's Acquisition of Skype, MS
I am delighted to announce the deal with Microsoft has formally
closed, and Skype is now a division of Microsoft. This represents a
huge leap forward in Skype's mission to be the communications choice
for a billion people every day.
http://blogs.technet.com/b/microsoft_blog/archive/2011/10/13/tony-bates-weighs-in-on-microsoft-s-acquisition-of-skype.aspx

Hulu No Longer for Sale, WSJ
Owners of online-video site Hulu ended efforts to sell the joint
venture, after an auction process exposed rifts between them and
potential buyers on the value of future rights to stream TV shows over
the Internet.
http://online.wsj.com/article/SB10001424052970204002304576629793932478856.html?mod=rss_Technology

US Postal Service Sends Postage Due Bill To Guy Who Put Block Party
Invites Into Neighbors' Mailboxes, Techdirt
US Postal Service's (USPS) desperation is beginning to show. We
already noted its new ad campaign that seems to focus much more on how
bad email is, rather than on any additional value provided by the
USPS. But now, it appears that the USPS is cracking down on illicit
use of its mailboxes. As you may or may not know, under US law, home
mailboxes (even though they're purchased by the homeowner) are
technically
http://www.techdirt.com/articles/20111013/13145616339/us-postal-service-sends-postage-due-bill-to-guy-who-put-block-party-invites-into-neighbors-mailboxes.shtml

Lawmakers disagree on need for online privacy legislation, CW
While representatives of the online advertising industry questioned
whether new laws are needed to protect consumer privacy online,
several U.S. lawmakers on Thursday called for new regulations
targeting online tracking.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/QWaJPYU6V54/Lawmakers_disagree_on_need_for_online_privacy_legislation

Researcher Finds Majority of Sites Leaking User Data, Daily Dashboard
Reuters reports on a Stanford University researcher's finding that
dozens of companies are gathering and selling bits and pieces of
presumably "anonymous" data on users. Researcher Jonathan Mayer says
that 61 percent of 185 sites surveyed shared user information with
other sites. And opting out of behavioral targeting doesn't stop the
data collection, Mayer says of do-not-track efforts, adding, "It's a
fact of life that
https://www.privacyassociation.org/publications/2011_10_12_researcher_finds_majority_of_sites_leaking_user_data/#When:17:09:51Z

EFF on Facebook's Cross-Site Tracking, CircleID
On September 25th, 2011, Nik Cubrilovic, a hacker and writer,
published a blog post that showed that a particular Facebook session
cookie wasn't being deleted after a user logged out. He noted that the
session cookie included your Facebook user id number, which would
http://www.circleid.com/posts/eff_on_facebooks_cross_site_tracking/

Police Who Illegally Broke Into Gizmodo Journalist's House Deride
Seized E-mails as "Juvenile", EFF
The saga of the lost iPhone prototype -- the 2010 incident at least,
not the most recent one -- has finally concluded. On Tuesday, Brian
Hogan (who allegedly found the iPhone 4 prototype in a Redwood City
bar) and Sage Wallower (who allegedly helped Hogan contact various web
sites about the find) pleaded no contest to misdemeanor theft and were
sentenced to probation, 40 hours of community service, and $250 each
in restitution payments to Apple.
https://www.eff.org/2011/october/prosecutor-ridicules-gizmodo-journalists

The DHS Says 'No' To Requests For Public Affairs Contact Numbers;
Hysterically Cites 'Privacy' Concerns, Techdirt
Not to continue to beat on this dead horse of administration promises,
but statements were made about adopting a "presumption in favor of
disclosure" when it came to Freedom of Information Act requests and a
general mindset of "transparency" was supposed to be on its way,
washing away 8 years worth of privacy erosion and
compartmentalization.
http://www.techdirt.com/articles/20111012/11465316328/dhs-says-no-to-requests-public-affairs-contact-numbers-hysterically-cites-privacy-concerns.shtml

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Website :: www.cybertelecom.org
Blog :: cybertelecom.blogspot.com
Delicious :: http://del.icio.us/rcannon100/zxc
Twitter & Facebook :: Cybertelecom
Google Group :: cybertelecom-l

AUP :: www.cybertelecom.org/cybert.htm#aup
Cybertelecom is Off-the-Record. Otherwise play nicely.

Link to us! www.cybertelecom.org
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Tuesday, October 11, 2011

101111 :: Verizon Wins the Lottery :: Celebrating Cybersecurity :: Olmstead :: Sharing Responsibility :: To Serve Consumers ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
Remember that foul words or blows in themselves are no outrage, but your judgement that they are so. So when any one makes you angry, know that it is your own thought that has angered you. Wherefore make it your endeavour not to let your impressions carry you away. For if once you gain time and delay, you will find it easier to control yourself. Epictetus, (c.55 – c.135 C.E.)

Transparency Needed to Evaluate GPS Interference, House Committee Sci and Tech
Today, Science, Space, and Technology Committee Chairman Ralph Hall (R-TX) and Investigations and Oversight Subcommittee Chairman Paul Broun (R-GA) reiterated their request that agencies provide the Committee with their assessments of the potential impacts of the LightSquared network on their operations. These assessments were transmitted to the National Telecommunications and Information Agency (NTIA) in July, yet neither the NTIA, nor the individual agencies have allowed the technical evaluations to see the light of day.
http://science.house.gov/press-release/transparency-needed-evaluate-gps-interference

John Palfrey's Keynote at Open World Forum on Net Neutrality, Berkman Center
no description
http://cyber.law.harvard.edu/node/7121

Verizon and Free Press Ready to Rumble with the FCC Over Net Neutrality, JOLT Blog
Net neutrality is the principle and movement that advocates the open and free use of the internet, without restriction from internet service providers. It has been the focus of much debate and political discourse, which has pitted consumer protection groups against those who see
http://www.ncjolt.org/blog/2011/10/05/verizon-and-free-press-ready-rumble-fcc-over-net-neutrality

Net Neutrality: Verizon Lucks Out in Circuit Lottery, CommLawBlog
Leaving the gate at five-to-one odds, D.C. Circuit lands in Victory Lane
http://feeds.lexblog.com/~r/CommLawBlog/~3/wqB6oeaxl28/

DC Circuit to Decide Net Neutrality Appeals, Telecom Law Monitor
The same circuit that decided the Comcast case will decide the net neutrality appeals after all. Yesterday, the Judicial Panel on Multidistrict
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/cK9Jmf1iZzU/

Publication of the FCC's Net Neutrality Rules Spawns a Flurry of Legal Challenges, EFF
Now that the FCC's "Open Internet" net neutrality rules have been published in the Federal Register, opening the door to legal challenges, the lawsuits are piling on.
https://www.eff.org/deeplinks/2011/10/publication-fcc-s-net-neutrality-rules-spawns

The FCC v. ISPs: Net Neutrality and the Battle for Internet Freedom, MTTLR
In December 2010, the FCC announced its new 'net neutrality' rules, in efforts to promote "freedom and openness" of the Internet and to prevent service providers from limiting which Internet sites and services their customers can access and controlling access speed. Proponents
http://www.mttlrblog.org/2011/10/07/the-fcc-v-isps-net-neutrality-and-the-battle-for-internet-freedom/

Visibility of Prefix Lengths in IPv4 and IPv6, CircleID
Internet routes are specified for an address prefix. The shorter the prefix, the more general the route. A shorter prefix covers more address space and thus a bigger part of the Internet. Very long prefixes cover few addresses and are used for local routing close to the destination
http://www.circleid.com/posts/visibility_of_prefix_lengths_in_ipv4_and_ipv6/

Did ICE 'Pirate' Its Anti-Piracy PSA?, Techdirt
As you may recall, earlier this year Homeland Security's Immigration and Customs Enforcement (ICE) group proudly announced that it had started placing a video "public service announcement" (PSA) on all of the domains that it had forfeited (without any trial) from those it accused
http://www.techdirt.com/articles/20111007/11541716249/did-ice-pirate-its-anti-piracy-psa.shtml

Peer-to-Peer File-Sharing Software Developer Settles FTC Charges, FTC
Default Settings in Mobile File-Sharing App Jeopardized Consumers' Personal Files
http://www.ftc.gov/opa/2011/10/frostwire.shtm

Victory! 3rd Circuit Court overrules FCC on media consolidation, Reclaim the Media
The efforts of public interest advocates across the country were vindicated on July 7 when the Third Circuit Court of Appeals reversed the FCC's controversial 2007 decision to allow media companies to control both newspapers and broadcast stations in the same communities.
http://www.reclaimthemedia.org/legislation_and_regulation/victory_3rd_circuit_court_over0727

Anonymous Speech, Subpoenas and Internet User Identities, and Government Investigations, Volokh Conspiracy
Over the last several years, various courts have held — in cases such as Dendrite Int'l, Inc. v. Doe No. 3 and Doe v. Cahill — that the First Amendment provides substantial, though limited, protection against subpoenas aimed at unmasking anonymous commenters; for more details
http://feedproxy.google.com/~r/volokh/mainfeed/~3/alyGbRMRrHM/

FTC Testifies on Protecting Children Online in a Fast-Changing Marketplace, and Proposed Changes to COPPA Rule, FTC
The Federal Trade Commission today told a House Subcommittee that it is committed to protecting children online, and that the agency recently proposed changes to the Children's Online Privacy Protection Rule (COPPA Rule) to make sure the Rule keeps pace with fast-changing technology.
http://www.ftc.gov/opa/2011/10/coppa.shtm

Subcommittee Discusses Updates to Children's Privacy Law, House Commerce Committee
no description
http://republicans.energycommerce.house.gov/News/PRArticle.aspx?NewsID=8985

Employee Privacy in the Digital Computer Age By Kevin Harrington and John Rosenthal, NYSBA
Within the last decade, the advent of ever smaller, more powerful computers, the internet, and digital technology has dramatically changed the workplace.
ftp://nysba.org/Users/NYSBA/ECEProduct/TICLJSum11.pdf#page=26

Celebrating Cybersecurity Awareness Month, USTelecom
This month shines a spotlight on an important broadband issue, cybersecurity. Cybersecurity plays a crucial role in the high-speed Internet, and includes a highly complex universe that involves a global set of stakeholders. In honor of Cybersecurity Awareness Month, here's highlighted
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/10/05/celebrating-cybersecurity-awareness-month/

Statement on House Republican Cybersecurity Task Force Recommendations, USTelecom
The House Republican Cybersecurity Task Force's recommendations released today is a significant contribution to the ongoing discussions about how we secure our nation's networks from cyber-attacks. The task force's call for a strengthened public-private partnership, increased
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/10/05/statement-on-house-republican-cybersecurity-task-force-recommendations/

Sharing Responsibility for Cybersecurity, AT&T
In October, when most people are thinking of pumpkins and changing leaves, we're thinking of cybersecurity and we're not alone. Joining with other members of the industry, government and non-profit organizations, we're celebrating National Cybersecurity Awareness Month.
http://attpublicpolicy.com/government-policy/sharing-responsibility-for-cybersecurity/

Bipartisan Committee Leadership Continues to Examine Cybersecurity of Communications Networks, House Commerce Committee
no description
http://republicans.energycommerce.house.gov/News/PRArticle.aspx?NewsID=8972

Ken Burns Prohibition: Olmstead, Cybertelecom
The name Olmstead should be familiar to those students of Wiretap Law. The law struggles to keep up with technology. This is nothing new; the law struggled to keep up with technology a century ago. Today we are struggling with the question of whether an individual has an expectation of privacy in a communications network. That same question confronted the judiciary during prohibition. Then
http://feedproxy.google.com/~r/CybertelecomBlog/~3/osAInC8oRRg/ken-burns-prohibition-olmstead.html

Virus Infects Drone Network, NPR
A few weeks ago, at Creech Air Force base in Nevada, computer security experts came upon a virus in their network. The virus was recording every keystroke made by Air Force pilots who remotely operate Predator and Reaper drones that fly over war zones. And so far, they can't
http://www.npr.org/2011/10/10/141215955/virus-infects-drone-network?ft=1&f=1019

DHS Defends Draft Sharing Agreement, Daily Dashboard
The U.S. Department of Homeland Security (DHS) is defending a draft airline passenger data sharing agreement with the EU, saying that such data has prevented terrorist threats, AFP reports. Members of the European Parliament could veto the agreement and have expressed concern that a 15-year data retention period is too long and doubt that the system would prevent terror plots. Testifying in front of a congressional
https://www.privacyassociation.org/publications/2011_10_06_dhs_defends_draft_sharing_agreement/#When:20:25:46Z

9th Cir.: ECPA Protects Non-Citizen Communications Stored in the US -- Suzlon Energy v. Microsoft, Tech & Marketing Law Blog
Suzlon Energy Ltd. v. Microsoft Corp., 10-35793 (9th Cir. Oct. 3, 2011) [pdf] Suzlon Energy sought...
http://blog.ericgoldman.org/archives/2011/10/9th_cir_ecpa_pr.htm

Federal USF Reform Plan Must 'Serve Consumers,' NARUC Says, NARUC
The National Association of Regulatory Utility Commissioners issued the following statement after Federal Communications Commission Chair Julius Genachowski outlined his proposal for reforming Universal Service and Intercarrier Compensation programs:
http://www.naruc.org/News/default.cfm?pr=273

Universal Service Reform-Bringing Broadband to All Americans, Senate Commerce
Chairman John D. (Jay) Rockefeller IV today announced a hearing on reforming the Universal Service Fund. This hearing will provide a forum for discussing efforts to reform the Federal Communications Commission's (FCC) universal service policy, in particular the high-cost universal service system.
http://commerce.senate.gov/public/index.cfm?p=Hearings&ContentRecord_id=106c5f06-326f-4808-a316-14ed516b6e43

FCC Overhauling Telecom Fund to Expand Broadband, CircleID
Edward Wyatt reporting in the New York Times: "The chairman of the Federal Communications Commission on Thursday outlined a plan to transform the Universal Service Fund, an $8 billion fund that is paid for by the nation's telephone customers and used to subsidize basic telephone service in rural areas, into one that will help expand broadband Internet service to 18 million Americans who lack high-speed access."
http://www.circleid.com/posts/fcc_overhauling_telecom_fund_to_expand_broadband/

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Wednesday, October 05, 2011

FTC RFC :: Mail or Telephone Order Merchandise Rule :: AKA "Where's My Stuff?!?!?"

1999 was the year that ecommerce broke. It is also the year where ecommerce became the Grinch that stole Christmas. In 1998, ecommerce proved itself as a viable and compelling concept. As won-over companies scrambled to set up their online ventures in 1999, "mistakes were made." Online purchases by consumers who sought to avoid the Eight Ring of Hell - shopping malls - exploded. Some dot-coms were pleasantly surprised. Some were unpleasantly surprised. As automated orders poured in, it became apparent that cyber-Santa might not just be able to slide down the chimney on time - if at all. And while many of their webpages promised delivery by the time chestnuts were roasting on an open fire, it didn't happen. Some companies failed to tell their customers that there was not a snowball chance that they could deliver. Some companies continued to take orders even though they knew they had no inventory or knew they could not timely deliver. 

Failing to deliver on time for the holidays is one of those industry blunders that makes obsolete the theology of self-regulation. The FTC created a list, checked it twice, and made clear in a blizzard of terms that this was not to happen again. In one action, the FTC hit seven online retails with $1.5 million in fines for their failures to deliver products during the 1999 holiday season. 

There is a simple rule that the FTC wants online retails to understand: taking orders and not delivering is bad. Online sales, mail orders, or catalogue sales - it's all the same. The FTC described its Mail or Telephone Order Merchandise Rule [16 C.F.R. § 435.1] as follows:
The Rule requires that when you advertise merchandise, you must have a reasonable basis for stating or implying that you can ship within a certain time. If you make no shipment statement, you must have a reasonable basis for believing that you can ship within 30 days. That is why direct marketers sometimes call this the "30-day Rule."
If, after taking the customer’s order, you learn that you cannot ship within the time you stated or within 30 days, you must seek the customer’s consent to the delayed shipment. If you cannot obtain the customer’s consent to the delay -- either because it is not a situation in which you are permitted to treat the customer’s silence as consent and the customer has not expressly consented to the delay, or because the customer has expressly refused to consent -- you must, without being asked, promptly refund all the money the customer paid you for the unshipped merchandise.
That was over a decade ago.  A lot has changed, and the FTC believes it would be prudent to revisit and revise the rules. In the notice requesting comments on the proposed new rules, the FTC stated,
In 2007, the FTC sought public comment on how the Rule could be amended to address changes in technology and commercial practices. Based on a review of comments received, the FTC has concluded that the Rule continues to benefit consumers and will be retained. In addition, the Commission proposes the following amendments to the Rule:
  • Clarify that the Rule covers all orders placed over the Internet;
  • Revise the Rule to allow sellers to provide refunds and refund notices to buyers by any means at least as fast and reliable as first-class mail;
  • Clarify sellers’ obligations when buyers use payment methods not spelled out in the Rule, such as debit cards or prepaid gift cards;
  • Require that refunds be made within seven working days for purchases that were made using third-party credit, such as Visa or MasterCard cards. For credit sales where the seller is the creditor (such as merchants using their own store charge cards) the refund deadline would remain one billing cycle.
Comments must be received by December 14, 2011.  See the Federal Register Notice. for further information and instructions on how to file comments.

Ken Burns Prohibition: Olmstead

The name Olmstead should be familiar to those students of Wiretap Law.  The law struggles to keep up with technology.  This is nothing new; the law struggled to keep up with technology a century ago.  Today we are struggling with the question of whether an individual has an expectation of privacy in a communications network.  That same question confronted the judiciary during prohibition.  Then the answer was no.  The expectation of privacy granted by the Fourth Amendment applied to your home; since a wiretap took place on telephone lines outside Olmstead's home, concerning communications that were being transmitted outside of Olmstead's home, there was no expectation of privacy and no 4th Amendment protection.

Watch the full episode. See more Ken Burns.

The seeds of destruction of Olmstead were written within the Olmstead opinion. Justice Brandeis, in his famous dissented, opined that the court had failed to recognize the Constitution as a living document. The Founding Fathers could not have anticipated all that would come after their time, nor did they intend for the Bill of Rights to be applicable only to the threats that occurred during their time. Brandeis wrote,
When the Fourth and Fifth Amendments were adopted, "the form that evil had theretofore taken," had been necessarily simple. Force and violence were then the only means known to man by which a Government could directly effect self-incrimination. It could compel the individual to testify — a compulsion effected, if need be, by torture. It could secure possession of his papers and other articles incident to his private life — a seizure effected, if need be, by breaking and entry. Protection against such invasion of "the sanctities of a man's home and the privacies of life" was provided in the Fourth and Fifth Amendments by specific language. But "time works changes, brings into existence new conditions and purposes." Subtler and more far-reaching means of invading privacy have become available to the Government. Discovery and invention have made it possible for the Government, by means far more effective than stretching upon the rack, to obtain disclosure in court of what is whispered in the closet.
It would take four decades for the courts to wake up and reverse Olstead, and another two more decades for Congress to extend this expectation of privacy beyond telephone networks to computer networks.

Today, once again, it is said that there is no expectation of privacy in modern electronic communications; we should get over it.  History repeats itself.

Friday, September 30, 2011

9.30 :: First Outta the Gate :: 26c Emails Delivered by USPS in Only 2 Days!!! :: You Dont Know Me, Son, So Let Me Explain This To You Once :: So Vulnerable ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
The only man I know who behaves sensibly is my tailor; he takes my
measurements anew each time he sees me. The rest go on with their old
measurements and expect me to fit them. ~George Bernard Shaw

LightSquared, FCC face criticism from Republican lawmakers, WAPO
The Federal Communications Commission's initial approval of a troubled
satellite venture came under fresh criticism Thursday as a key
Republican lawmaker questioned whether the agency's actions could lead
to billions of dollars in costs for taxpayers.
http://feeds.washingtonpost.com/click.phdo?i=967a5dbe4cf48e3bc6752966de73e3d9

LightSquared to defend project in open letter in newspapers, CW
LightSquared said late Sunday that it planned to run the next day in
major newspapers in the U.S. an open letter explaining its position
over the controversy surrounding its LTE (long-term evolution)
network, particularly concerns about its interference with GPS (global
positioning system).
http://rss.computerworld.com/~r/computerworld/news/feed/~3/GmX-GWSEaus/LightSquared_to_defend_project_in_open_letter_in_newspapers

An Innovation-Centric Approach of Telecommunications Infrastructure
Regulation by Konstantinos K. Stylianou, 16 Va. J.L. & Tech. 221
(2011)
This paper considers the mechanics and role of innovation in
telecommunications networks and explains how regulation can be
designed to maximize innovation. Several reasons are presented for why
the fast-changing, networked, and technical nature of
telecommunications offers a favorable environment for innovation to
thrive, ...
http://www.vjolt.net/vol16/issue2/v16i2_221-Stylianou.pdf

The Unintended Consequences of Cyberbullying Rhetoric, apophenia
We all know that teen bullying - both online and offline - has
devastating consequences. Jamey Rodemeyer's suicide is a tragedy. He
was tormented for being gay. He knew he was being bullied and he
regularly talked about the
http://feedproxy.google.com/~r/zephoria/thoughts/~3/67dQoZ-0FV0/the-unintended-consequences-of-cyberbullying-rhetoric.html

University Police & Administration Freak Out Over Nathan Fillion
Firefly Poster; Censor, Threaten Professor, Techdirt
we come across yet another case of idiotic censorship by law
enforcement who appear to have little understanding of the law. It
involves a professor, James Miller, from the University of
Wisconsin-Stout, who had the temerity to put up a picture of actor
Nathan Fillion on his door, with the text of one of his lines from the
show Firefly:
http://www.techdirt.com/articles/20110929/01225516129/university-police-administration-freak-out-over-nathan-fillion-firefly-poster-censor-threaten-professor.shtml

Federal court ruling provides a victory for grassroots journalism, OJR
Last month, a federal court ruled that recording public officials,
including police officers, is protected by the First Amendment. This
decision, which may outrage law enforcement officials and members of
Congress, is one of the first federal court decisions that brings the
First Amendment into the Internet age.
http://feedproxy.google.com/~r/ojr-full/~3/xVpTPAvw5QE/

Stock Trading Message Board Protected by 47 USC 230--Deer Consumer
Products v. Little, Tech & Marketing Law Blog
Deer Consumer Products v. Little, Index No. 650823/11 (NY Sup. Ct.
Aug. 31, 2011) SeekingAlpha is a...
http://blog.ericgoldman.org/archives/2011/09/stock_trading_m.htm

Why FCC Net Neutrality Regs Are So Vulnerable, Forbes
Now that the FCC's net neutrality regulations have been published, and
are now able to be appealed in court and formally opposed in a vote in
the U.S. Senate, they are highly vulnerable to being overturned
because net neutrality in almost every dimension is a fiction unable
to withstand scrutiny.
http://www.forbes.com/sites/scottcleland/2011/09/28/55/

Free Press Files Suit to Protect Openness on the Wireless Web, Save the Internet
On Wednesday afternoon Free Press filed a legal challenge to the Open
Internet rules recently published by the Federal Communications
Commission.
http://www.savetheinternet.com/blog/11/09/28/free-press-files-suit-protect-openness-wireless-web

Free Press files lawsuit challenging FCC's Open Internet Rules, Muni
Free Press filed today in the First Circuit Court of Appeals in Boston
a petition for review of the Federal Communications Commission's
December 2010 Open Internet order. The Federal Register published the
new rules last week, opening the window for such lawsuits. Free Press,
headquartered in Western Massachusetts, will challenge the arbitrary
nature of rule provisions that provide less protection for mobile
http://feedproxy.google.com/~r/muniwireless/~3/mtRwBySasBQ/

Federal Register Publication Marks Beginning of Net Neutrality
Litigation, Telecom Law Monitor
One long march is finally over, another one begins. After OMB
approval of the rules was announced earlier this week, today, the FCC
published the Net Neutrality Order in the Federal Register. The 44
page summary is available here. With this notice today, the next
stage in the net neutrality saga finally begins.
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/CquFZIKD0Oc/

Opening Session Remarks of Assistant Secretary Strickling at the
Internet Governance Forum, NTIA
Thank you, Alice, and I want to especially thank the Kenyan government
for hosting this important conference.
http://www.ntia.doc.gov/headlines/2011/opening-session-remarks-assistant-secretary-strickling-internet-governance-forum

Working Together to Improve the Internet - BITAG Starts to Make Good
on Its Promise, Verizon
Every time a device connects to the Internet, it gets its own unique
"Internet Protocol" address. The current system, IPv4, has been around
since the early 1980s, and provides for about 4.3 billion addresses.
By the early 1990s, however, it became clear that the available
addresses would someday be depleted, and so a new
http://policyblog.verizon.com/BlogPost/832/WorkingTogethertoImprovetheInternet-BITAGStartstoMakeGoodonItsPromise.aspx

Full Tilt Poker Loses License, WSJ
Full Tilt Poker, the online poker site accused of being a giant Ponzi
scheme by a U.S. federal prosecutor, has had its gambling license
revoked by a regulator in the U.K.'s Channel Islands.
http://online.wsj.com/article/SB10001424052970204138204576600722728639858.html?mod=rss_Technology

OnStar Drops Plan To Monitor Non-Subscribers, Techdirt
Given the widespread public backlash over OnStar's plan to keep
tracking people after they'd canceled their service -- and to
potentially sell aggregate info to advertisers -- it appears that
OnStar did what many people expected and backed away from the plan. It
may have helped that
http://www.techdirt.com/articles/20110928/02540116124/onstar-drops-plan-to-monitor-non-subscribers.shtml

Earthlink Joins ISPs Snooping User Search Traffic - Use of 'Middle
Man' Search Sniffing Technology Spreading, DSLReports
For years ISPs have been using DNS redirection, or redirecting users
who visit misspelled or nonexistent domains to ISP run ad-laden search
portals. The technology is a significant money maker for ISPs,
estimated to bring them at least an additional $5 per user, per month.
Recently however, DNS redirection companies like Paxfire have been
taking things one step further, injecting themselves in between the
traditional user
http://www.dslreports.com/shownews/Earthlink-Joins-ISPs-Snooping-User-Search-Traffic-116294

Google+ Hits Huge Growth Spurt, Forbes
Google+ experienced a huge growth spurt after the social network
opened to the public, indicating it may soon bypass more established
social networks, including LinkedIn and Twitter.
http://www.forbes.com/sites/mobiledia/2011/09/28/google-hits-huge-growth-spurt/

The Role of Internet Intermediaries in Advancing Public Policy Objectives, OECD
This book presents a comprehensive view of Internet intermediaries,
their economic and social function, development and prospects,
benefits and costs, and roles and responsibilities.
http://www.oecd.org/department/0,3355,en_2649_34223_1_1_1_1_1,00.html?rssChId=34223#48794855

Anti-Counterfeiting Trade Agreement (ACTA) to be signed this weekend -
unconstitutional?, Yale ISP
Strong arguments have been emerging that the Anti-Counterfeiting Trade
Agreement (ACTA), to be signed this weekend by the US, may be
unconstitutional as a Sole Executive Agreement. ISP Student Fellow
Adam Hockensmith has been working on a paper to this effect. The
issue has also been covered in the below:
http://yaleisp.org/2011/09/anti-counterfeiting-trade-agreement-acta-to-be-signed-this-weekend-unconstitutional/?utm_source=rss&utm_medium=rss&utm_campaign=anti-counterfeiting-trade-agreement-acta-to-be-signed-this-weekend-unconstitutional

Government Violates Free Speech Rights with Domain Name Seizure, EFF
The Electronic Frontier Foundation (EFF) urged a federal appeals court
in an amicus brief today to order the return of two domain names
seized by the U.S. government in violation of the First Amendment.
http://www.eff.org/press/archives/2011/09/23

CDT, EFF, Public Knowledge File Brief in Domain Name Seizure Case, CDT
Spanish website Rojadirecta has appealed the early August court
decision refusing to order the prompt return of domain names seized
from Rojadirecta in February. On Friday, CDT joined EFF and Public
Knowledge in an amicus brief telling the appeals court that the
seizure of domain names constitutes a prior restraint and demands
careful First Amendment scrutiny--something entirely absent from the
lower
http://cdt.org/blogs/david-sohn/269cdt-eff-public-knowledge-file-brief-domain-name-seizure-case

4.9 Million Records Lost, Daily Dashboard
Three healthcare providers have suffered recent data breaches. A
Pentagon contractor's website alerts of a data breach affecting as
many as 4.9 million patients, San Antonio Express reports. Science
Applications International says the lost information--stored on backup
computer tapes from electronic health records--included Social
Security numbers, addresses, phone numbers and other private health
information of
https://www.privacyassociation.org/publications/2011_09_29_4.9_million_records_lost/#When:16:40:03Z

DOJ Document Shows How Long Telcos Hold Onto Your Data, Techdirt
With the Justice Department believing that it can get all sorts of
data from telcos without any oversight or without a warrant, it seems
rather important to know what kind of info your mobile operator is
keeping -- and for how long. The ACLU, via a Freedom of Information
Act request,
http://www.techdirt.com/blog/wireless/articles/20110929/13165516137/doj-document-shows-how-long-telcos-hold-onto-your-data.shtml

Privacy advocates ask FTC to investigate Facebook, WAPO
The Electronic Privacy Information Center (EPIC) and 10 other privacy
and civil rights advocacy groups have asked the Federal Trade
Commission to "investigate the extent of the harm to consumer privacy
and safety" in the company's use of cookies and its proposed changes
to its site.
http://feeds.washingtonpost.com/click.phdo?i=4c06fe5f50a9f42b3937c274d6e57717

A Dynamic Approach to Federal Cybersecurity, White House
At the 2010 RSA Conference, I issued a rallying call for the
cybersecurity community to collectively evolve from previous static,
compliance-based metrics programs to a more dynamic approach that
utilizes continuous monitoring. Since then, we've seen the public and
private sector respond with innovative approaches to this challenge.
http://www.whitehouse.gov/blog/2011/09/29/dynamic-approach-federal-cybersecurity

Guy Arrested, Threatened With 15 Years For Recording Traffic Stop In
Illinois, Techdirt
With Illinois planning to appeal the Michael Allison case, in which
the state wants to put Allison in jail for 75 years because he
recorded an interaction with the police, it's worth pointing out that
this is not the only such case in Illinois. A few people have sent
over this ABC report about
http://www.techdirt.com/articles/20110929/10325216136/guy-arrested-threatened-with-15-years-recording-traffic-stop-illinois.shtml

What the Cops Can't Do, Internet Service Providers Can by Steven R.
Morrison, 16 Va. J.L. & Tech. 253 (2011)
Legal rules have emerged that limit the State"s right to search the
contents of emails as they exist on Internet Service Providers"
networks. Much attention has been paid to these rules, and they will
continue to develop. What the State can"t do, however, Internet ...
http://www.vjolt.net/vol16/issue2/v16i2_253-Morrison.pdf

US Postal Service Versus Email: The Historic Grudge Match of the Ages,
Cybertelecom
Mr. Peabody, let's turn to the Wayback Machine and travel to the far
and weird past: The time is 1977. The country is in a tailspin.
Saturday Night Live is singing carols about killing Gary Gilmore for
Christmas . President Carter takes
http://feedproxy.google.com/~r/CybertelecomBlog/~3/L1Z_YIyB5Mg/us-postal-service-versus-email-historic.html

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Website :: www.cybertelecom.org
Blog :: cybertelecom.blogspot.com
Delicious :: http://del.icio.us/rcannon100/zxc
Twitter & Facebook :: Cybertelecom
Google Group :: cybertelecom-l

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US Postal Service Versus Email: The Historic Grudge Match of the Ages

So apparently rumor has it that the USPS' new marketing strategy is to waste money on a bunch of ads trying to convince America that email is unsafe.  Hum.  Mr. Peabody, let's turn to the Wayback Machine and travel to the far and weird past:

The time is 1977. The country is in a tailspin. Saturday Night Live is singing carols about killing Gary Gilmore for Christmas . President Carter takes the Oval Office, and pardons Vietnam War draft evaders . The Clash releases their debut album. And the USPS is scared.

The USPS has learned about this thing called electronic mail and electronic transactions. It occurs to the USPS that if everyone were to use these electronic thingies, First Class mail would get wiped out and so would all that revenue. After some careful strategic planning, the USPS launched an attack on email with a classic pincer movement: on the left flank, the USPS initiated its own email service known as E-COM ; on the rank flank, the USPS considered banning all private email service.

E-COM was a simple concept. The USPS would set up a network where a message would originate electronically. It would then be sent to one of a handful of participating postal offices that had terminals, where it would be printed out. The hard copy of the message would then be delivered to its destination - essentially in the same manner and with the same speed as first class mail. USPS launched this service in 1981.

Before E-COM could get off the ground, however, it was mired in controversy. The US Postal Commission, the Department of Justice, private companies, and even the FCC, objected. The first objection was that it was against government policy for a government agency to compete with the private sector. Private commercial email services were nascent and promising, and did not think much of a government monopoly using its government bankrole to pay for a competing email service. The FCC made a particularly interesting objection. The FCC said, "we have jurisdiction over all wireline and wireless services. That jurisdiction has been interpreted broadly. And there is no dispute that the transmission of a message over a communications network is communications, under the Communications Act, and under our jurisdiction." "Not only that," the FCC was heard to say, "but its common carriage." The FCC stated:
With respect to the relevant judicial decisions defining the nature of common carriage, we note that none of the parties to this proceeding appears to dispute that ECOM service would constitute a common carrier offering if it were to be provided by an entity other than the Postal Service. We also conclude independently that ECOM is a quasi-public offering of a for-profit service which affords the public an opportunity to transmit messages of its own design and choosing. Based on those judicially defined criteria, we find that, in offering ECOM, the Postal Service is engaging in a common carrier activity.
In re Request for declaratory ruling and investigation by Graphnet Systems, Inc., concerning the proposed E-COM service, FCC Docket No. 79-6 (Sept 4, 1979).

In other words, before E-COM could get launched, the FCC said, "if you are going to do this, then you are under our jurisdiction, and you are going to have to file a tariff for the offering of your common carriage service" (The FCC doesnt say that email is common carriage any more).

Well, the USPS would not accept "no" for an answer, tinkered with its network in order to weasel out of FCC jurisdiction, and launched E-COM in 1981. A message was priced at 26¢ - and for each email message, the USPS was said to lose around $5. They had apparently estimated that the service would be a raging success; it was not and, with the low message volume, the cost per message was rather high. And by the way, if you used the service you had to send at minimum 200 messages. The service was one directional; if you got an error message, you would receive it in the mail two days later. When the E-COM messages were printed out, it would take two days more to be delivered. And it cost the same as First Class mail.

For some reason, E-COM was a failure (one Senator called it a turkey). Three years after service was initiated, USPS terminated the service and tried to sell it off.

Thursday, September 22, 2011

9.22 :: Agrees to Pay :: Plenty of Grief :: Problem Solved :: Decrying the Govt's Assertions :: Puzzling :: Better Not Look at Your Cell Phone ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
There is no honorable way to kill, no gentle way to destroy. There is
nothing good in war. Except its ending. ~Abraham Lincoln

LightSquared announces GPS interference fix, agrees to pay for
government retrofits, FierceWireless
LightSquared declared it has come up with a simple, affordable
solution to the high-precision GPS interference problems posed by its
planned wholesale LTE network--and it's willing to foot the bill to
retrofit certain government GPS devices.
http://www.fiercebroadbandwireless.com/story/lightsquared-announces-gps-interference-fix-agrees-pay-government-retrofits/2011-09-22?utm_medium=rss&utm_source=rss

White House: We Gave Lightsquared Plenty Of Grief Over GPS, TPM
The White House is pushing back against charges of favoritism towards
a telecom firm Lightsquared, citing numerous instances in which
administration officials have raised concerns about its plan to create
a new wireless broadband network.
http://tpmdc.talkingpointsmemo.com/2011/09/white-house-we-gave-lightsquared-plenty-of-grief-over-gps.php

LightSquared solves GPS interference with new device, CNET
LightSquared says a new product developed in partnership with GPS
manufacturer Javad GNSS and due out in November will eliminate
interference problems with high-precision GPS devices.
http://feedproxy.google.com/~r/cnet/tcoc/~3/av-L85FHePw/

LightSquared says GPS fix will cost $50-$300, CW
Satellite-4G carrier LightSquared said Wednesday that gear to prevent
interference between its network and precision GPS gear will cost $50
to $300 per device and it is in talks with the U.S. government about
covering the cost of upgrading or replacing all federally-owned
devices.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/Z3OicdXdXH8/LightSquared_says_GPS_fix_will_cost_50_300

Oversight Committee reviewing information on LightSquared, WAPO
The House Oversight and Government Reform Committee confirmed it is
looking into information related to LightSquared, the satellite-based
mobile broadband network. The panel is reviewing material brought to
its attention, said Frederick Hill, a spokesman for committee chairman
Rep. Darrell Issa (R-Calif.).
http://feeds.washingtonpost.com/click.phdo?i=dc58a7961ff1fd59d6f6f90a5c2dd849

The National Broadband Map Gets an Update, NTIA
Earlier this year, we launched a ground-breaking interactive online
map that shows what high-speed Internet services are available across
the country. Like the spread of railroads and electrification spurred
new economic opportunities during America's past, broadband is
supporting new economic
http://www.ntia.doc.gov/blog/2011/national-broadband-map-gets-update

FCC Chairman Joins D.C. School Superintendent for Internet Essentials
Launch in Washington, Comcast
This morning at Ballou Senior High School in the Anacostia
neighborhood of Washington, D.C., I had the privilege of joining FCC
Chairman Julius Genachowski and D.C. Public Schools Chancellor Kaya
Henderson and local and national community leaders to officially
launch Internet Essentials in the city.
http://blog.comcast.com/2011/09/fcc-chairman-joins-dc-school-superintendent-for-internet-essentials-launch-in-washington.html

Kowalski v. Koster, WD Missouri 2011
Where Pltf claims Defendant, a public official, threatened to shut
down Pltf's website which contains content added by third parties
about public officials sexual orientations. Pltf brought claim for
delaratory releif that Deft had violated the Communications Decency
Act. This claim is dismissed; the CDA immunizes Internet service
providers and does not create any cause of action under 42 U.S.C. §
1983.
http://scholar.google.com/scholar_case?case=2505309880876484242

OMB: Thumbs Up for Net Neutrality Provisions, CommLawBlog
The net neutrality rules have cruised past another hurdle: the Office
of Management and Budget (OMB) has approved the two "information
collection" aspects of the "open
http://www.commlawblog.com/2011/09/articles/internet/omb-thumbs-up-for-net-neutrality-provisions/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+CommLawBlog+%28CommLawBlog%29

Typosquatting Continues to Pose Dangers to Enterprises, Consumers, CircleID
While typosquatting is not a new phenomenon, recent research
highlights that it is being used to collect sensitive corporate
information from employees and lure consumers to interact with dubious
websites.
http://www.circleid.com/posts/20110921_typosquatting_continues_to_pose_dangers_to_enterprises_consumers/

Poker Site Fires Back at U.S., WSJ
Attorneys for Full Tilt Poker fired back at the U.S. Justice
Department's civil case against the poker website, decrying the
government's assertion that their company ran a massive "Ponzi
scheme."
http://online.wsj.com/article/SB10001424053111903791504576585390448785426.html?mod=rss_Technology

Ponzi Schemes and Federal Indictments: The Need for Comprehensive
Online Poker Reform, JOLT Blog
While millions of online gamblers in the United States continue to
defy the law, the federal government is holding all the cards. This
fact was clearly illustrated in April when the Department of Justice
filed an indictment against the founders of two of the world's largest
online poker companies, Full Tilt Poker and
http://www.ncjolt.org/blog/2011/09/21/ponzi-schemes-and-federal-indictments-need-comprehensive-online-poker-reform

U.S. calls online poker site a 'global Ponzi scheme', Globe
Prosecutors allege that Full Tilt Poker co-owners siphoned off player
cash for themselves and to cover company expenses
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/_Ot4T4XD4hE/

AT&T, DOJ headed for February trial over T-Mobile USA buy, FierceWireless
There was no settlement following yesterday's court date that came
about because of the Justice Department's challenge of AT&T's (NYSE:T)
proposed $39 billion acquisition of T-Mobile USA
http://www.fiercebroadbandwireless.com/story/att-doj-headed-february-trial-over-t-mobile-usa-buy/2011-09-22?utm_medium=rss&utm_source=rss

Puzzling over big wireless carrier mergers: An Editorial, Virulent Word of Mouse
Let's talk about AT&T proposal to merge with T-Mobile. Why do the
parties involved still consider this merger viable?
http://virulentwordofmouse.wordpress.com/2011/09/20/puzzling-over-big-wireless-carrier-mergers-an-editorial/

Comcast Highlights $10 Broadband in DC - Hopes Nobody Notices Few
People Can Get It, DSLReports
One of the few conditions faced by Comcast when they acquired NBC
Universal was that the company had to offer $10 broadband to any
household making less than $24,000 a year -- for three years. It was
actually a condition Comcast volunteered, and it's giving them a lot
of PR mileage as the company
http://www.dslreports.com/shownews/Comcast-Highlights-10-Broadband-in-DC-116216

Testifying before the U.S. Senate on competition, Google
This afternoon at 2 PM E.T., Eric Schmidt will testify before the U.S.
Senate to talk about Google's approach to competition. He will deliver
a simple message: we welcome competition. It makes us better. It makes
our competitors better. Most importantly, it means better products for
our users.
http://feedproxy.google.com/~r/GooglePublicPolicyBlog/~3/CdCmDaY1kBA/testifying-before-us-senate-on.html

Mimes aren't silent in Capitol Hill attack on Google, CNET
Consumer Watchdog dispatches a group of mimes to playfully spy on
government workers to illustrate what they say is Google's antiprivacy
behavior.
http://feedproxy.google.com/~r/cnet/tcoc/~3/ndUs8_TFUEg/

Google Chairman Testifies Before Antitrust Panel, NPR
Google is in the spotlight Wednesday. It's defending itself against
allegations that it's acting like a monopoly. Google's chairman, Eric
Schmidt, testified in front of a Senate subcommittee. For more,
Melissa Block talks to NPR's Yuki Noguchi.
http://www.npr.org/2011/09/21/140675815/google-chairman-testifies-before-antitrust-panel?ft=1&f=1019

"Google rigs its results," say critics at Senate antitrust hearing, Ars Technica
"Google abandoned these core principles [of fair play] when they
started interfering with profits and profit growth," said Nextag CEO
Jeff Katz today before a Senate antitrust hearing on the search giant.
"Today, Google doesn't play fair. Google rigs its results, biasing in
favor of Google Shopping and
http://arstechnica.com/tech-policy/news/2011/09/google-rigs-its-results-say-critics-at-senate-antitrust-hearing.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

Righthaven's Copyright Trolling is a Bankrupt Idea, Citizens Media Law Project
It's been several months since we last checked up on Righthaven. How
is everybody's favorite copyright troll doing?
http://feedproxy.google.com/~r/CitizenMediaLawProject/~3/bQg5rXOQEeI/righthavens-copyright-trolling-bankrupt-idea

1st Circuit Reinstates $675,000 File-Sharing Award Against Tenenbaum
-- Sony BMG v. Tenenbaum, Tech & Marketing Law Blog
Sony BMG Music Entertainment v. Tenenbaum, 2011 WL 4133920 (1st Cir.
Sept. 16, 2011) [pdf] Sony's...
http://blog.ericgoldman.org/archives/2011/09/1st_circuit_rei.htm

U.S. Cloud Providers Banned Pending Law Revision, Daily Dashboard
The Dutch government has announced it will ban U.S. cloud service
providers from government contracts due to compliance concerns
surrounding the U.S. Patriot Act, reports ZDNet. The Dutch government
says this is a temporary measure until the European Commission changes
data protection
https://www.privacyassociation.org/publications/2011_09_20_u.s._cloud_providers_banned_pending_law_revision/#When:17:12:21Z

Commonwealth v. Koch, PA Super 2011
Text message found on cell phone inadmissible as evidence where the
the text message and its author were not authenticated
http://scholar.google.com/scholar_case?case=10864868558768759915

'Person of Interest': Cell phones spying on you, CNET
If you think video cameras are the big threat to you privacy, better
not look at your cell phone
http://feedproxy.google.com/~r/cnet/tcoc/~3/eSzT8kfBsrM/1606-2_3-50111846.html

COPPA: What happens when a generation ignores a law?, OJR
The United States Federal Trade Commission is seeking public comment
on amendments to its rule implementing the Children's Online Privacy
Protection Act [COPPA]. While, as a website publisher and
http://feedproxy.google.com/~r/ojr-full/~3/8LVse33sf7Y/

EFF To Appeals Court: Border Is Not An "Anything Goes" Zone, EFF
EFF has long been committed to helping international travelers protect
their electronic devices and digital data at the U.S. border. We're
continuing to push for some legal limits on the government's sweeping
authority to search electronic devices at the border with an amicus
brief we recently filed
http://www.eff.org/deeplinks/2011/09/eff-appeals-court-border-not-anything-goes

Citizen Recording Of Police Proves Officer Lied About Arrest, Techdirt
Reason.com alerts us to an LA Times article covering a recent trial in
which a private citizen's cellphone video proved officers lied about
an arrest, resulting in the acquittal of a young man accused of
carrying a concealed firearm.
http://www.techdirt.com/articles/20110920/07470216024/citizen-recording-police-proves-officer-lied-about-arrest.shtml

FTC Announces New and Improved OnGuardOnline Website, FTC
Want to know more about Internet safety and security? Visit the new
and improved OnGuardOnline.gov for practical tips and resources on how
to be safe, secure and responsible online.
http://www.ftc.gov/opa/2011/09/onguardonline.shtm

FACEBOOK, INC. v. MAXBOUNTY, INC.,, NDCA 2011
Denied Motion to Dismiss for failure to state a claim for which relief
can be granted (1) Can Spam Act claim, (2) Computer Fraud and Abuse
Act Claim and (3) Fraud. MaxBounty is an advertising and marketing
company that uses a network of publishers to drive traffic to its
customers' websites. Facebook alleges that MaxBounty engaged and
continues to engage in impermissible advertising and commercial
activity on Facebook.com.
http://scholar.google.com/scholar_case?case=11807382983375432807

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Tuesday, September 20, 2011

9.20 :: Everyone Loses :: Unsurprising but Nonetheless Heartening :: Vast Wasteland :: We're Sorry ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
"What disturbs people's minds is not events but their judgments on
events" Epictetus, (c.55 – c.135 C.E.)

When politics and tech collide, everyone loses, Gigaom
The political drama around the Obama administration's efforts to bring
a competitive wireless broadband alternative to the nation are roiled
in both technical and now a political debate. The drama centers around
LightSquared, which is trying to build a wholesale satellite and
terrestrial 4G network, but has run into problems because the spectrum
it uses can interfere with GPS signals.
http://feedproxy.google.com/~r/OmMalik/~3/VusQLH9iLaw/

Testimony of Karl Nebbia at Hearing on Sustaining GPS for National
Security, NTIA
Chairman Turner, Ranking Member Sanchez, and members of the
subcommittee, thank you for the opportunity to testify today on behalf
of the National Telecommunications and Information Administration
(NTIA). NTIA, an agency within the Department of Commerce, is the
President's
http://www.ntia.doc.gov/speechtestimony/2011/testimony-karl-nebbia-hearing-sustaining-gps-national-security-0

Kids, Parents & Online Safety, Forbes
That's the unsurprising but nonetheless heartening finding from a new
survey of parental attitudes about online child safety and parental
control technologies. The July survey, which was conducted by Hart
Research
http://www.forbes.com/sites/adamthierer/2011/09/15/kids-parents-online-safety/

CRTC Tells Rogers To Stop Slowing Down Speeds of Online Games, Geist
The CRTC has written to Rogers giving just over a week to address
ongoing concerns that its throttling practices are slowing down online
gaming in violation of the Commission's Internet traffic management
practices. The Commission plans to release new guidance on these
complaints this week.
http://feedproxy.google.com/~r/MichaelGeistsBlog/~3/xrZLqR3jtxE/

Hold the Line: One-Third of US Prefers Texts to Calls, Pew
One-third of Americans who use text messaging to communicate said they
prefer a text to a phone call when someone is trying to reach them, a
new study suggests.
http://www.pewinternet.org/Media-Mentions/2011/Hold-the-Line-OneThird-of-US-Prefers-Texts-to-Calls.aspx

Pakistan Court Temporarily Blocks Facebook on the Grounds That It
"Spread[s] Religious Hatred", Volokh Conspiracy
So reports Pakistan Today:
http://feedproxy.google.com/~r/volokh/mainfeed/~3/o4IX-SYVVRg/

Recapping "A Vast Wasteland", Berkman Center
Last week, the Berkman Center for Internet & Society, the Dean's
Office at Harvard Law School, and the Nieman Foundation for Journalism
co-hosted a special event with former chairman of the FCC Newton N.
Minow. At the event, he reflected on his landmark speech to the
National Association of Broadcasters on "Television and the Public
Interest," in which he described television programming as a "vast
wasteland" and
http://cyber.law.harvard.edu/node/7072

Netflix: We're Sorry About The Huge Price Increase, So, Uh...
Qwikster!, Techdirt
Reed Hastings is very sad. I know, because today I got a very somber
email from the Netflix Co-Founder and CEO (also posted here). He's sad
about the very negative reaction of Netflix subscribers to the recent
fee increase. He's also sad about something called "Qwikster" and red
envelopes.
http://www.techdirt.com/articles/20110920/00351516020/netflix-were-sorry-about-huge-price-increase-so-uh-qwikster.shtml

Netflix continues to receive market beat down, CNET
Don't look now, Netflix investors, but the stock is getting a
drubbing--again--following the Reed Hastings' apology and the services
split.
http://feedproxy.google.com/~r/cnet/tcoc/~3/7tN-eki_Bno/

Technology and Innovation Subcommittee Hearing - Cloud Computing,
House Committee Sci and Tech
The Next IT Revolution?: Cloud Computing Opportunities and Challenges
http://science.house.gov/hearing/technology-and-innovation-subcommittee-hearing-cloud-computing

The problem of 'personal data' in cloud computing: what information is
regulated?—the cloud of unknowing, Intl Data Privacy Law
Cloud computing service providers, even those based outside Europe,
may become subject to the EU Data Protection Directive's extensive and
complex regime purely through their customers' choices, of which they
may have no knowledge or control.
http://idpl.oxfordjournals.org/content/early/2011/09/14/idpl.ipr018.abstract

Privacy Risk Found on Cellphone Games, WSJ
Major cellphone game networks have been handling the unique ID numbers
on smartphones in insecure ways – in some cases even allowing access
by a potential cybercriminal to a user's Facebook and Twitter accounts
– new research suggests.
http://blogs.wsj.com/digits/2011/09/19/privacy-risk-found-on-cellphone-games/

Why the Apple UDID had to die, cortesi
A UDID is a "Unique Device Identifier" - you can think of it as a
serial number burned permanently into every iPhone, iPad and iPod
Touch. Any installed app can access the UDID without requiring the
user's knowledge or consent. We know that UDIDs are very widely used
http://corte.si/posts/security/udid-must-die/index.html

Internet privacy: Cookies as a weapon, CW
In November 2009 the European Parliament approved a directive on
Internet privacy that, among other things, required user opt-in before
websites could install cookies on the user's computer.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/WhfMzURQFqE/Internet_privacy_Cookies_as_a_weapon

FTC Rightly Keeps COPPA Focused On Children, CDT
Last Thursday, the Federal Trade Commission released its long-awaited
report on the rule implementing the Children's Online Privacy
Protection Act. COPPA is the federal law that requires operators of
websites or online services directed to children to obtain verified
parental consent before collecting personal information from children
under 13 years of age.The Act is administered by the FTC via the COPPA
Rule,
http://cdt.org/blogs/emma-llanso/199ftc-rightly-keeps-coppa-focused-children

Joshua Levy, Towards a Brighter Fourth Amendment: Privacy
and Technological Change, NYU School Law
On November 13, 2010, John Tyner tried to fly from San Diego
International Airport to South Dakota. Before he could board his
flight, Transportation Security Administration (TSA)
screeners instructed him to undergo a full body scan that renders
naked, albeit grainy, images of passengers.
http://lsr.nellco.org/nyu_lewp/279

Spam text message complaints rise, BBC
The number of complaints about spam text messages has almost doubled
over the past five months.
http://www.bbc.co.uk/go/rss/int/news/-/newsbeat/14971377


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Website :: www.cybertelecom.org
Blog :: cybertelecom.blogspot.com
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