8.02.11 (Oh Wait That Was Yesterday) :: Nuts to Be that Blue Line :: Maintaining Inconsistency :: Nefarious :: The Length of the Cable Matters ::

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CyberTelecom News
Federal Internet Law and Policy
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" After each war there is a little less democracy to save." -Brooks Atkinson

FCC: Broadband delivers close to advertised speeds, CW
An FCC study says broadband providers are delivering close to advertised speeds.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/qSwsX5RLhBI/FCC_Broadband_delivers_close_to_advertised_speeds
More Info: http://www.cybertelecom.org/broadband/

Broadband subscribers mostly get what they pay for, CNEt
A report from the FCC shows that on average broadband customers are getting about 80 percent of the advertised speed of broadband services. This is a huge improvement from two years ago.
http://news.cnet.com/8301-30686_3-20087115-266/broadband-subscribers-mostly-get-what-they-pay-for/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/broadband/

I feel the need, the need for speed!, Verizon
Today, the FCC released the results of its broadband performance test program conducted this past winter by the UK firm SamKnows. SamKnows and the FCC, with the cooperation of 13 US broadband Internet Service Providers (ISPs), have learned what FiOS customers already knew – that FiOS delivers blazing fast speeds – both download and upload –
http://policyblog.verizon.com/BlogPost/821/Ifeeltheneedtheneedforspeed.aspx
More Info: http://www.cybertelecom.org/broadband/

When It Comes To Speed, Xfinity Internet Delivers, Comcast
Today, as the culmination of over a year of planning, testing, and analyzing data, the FCC released a report that confirms what our network engineers know is true — that our customers get what they pay for when it comes to their broadband speeds, plus even more with our patented PowerBoost™ technology (more on that later).
http://blog.comcast.com/2011/08/when-it-comes-to-speed-xfinity-internet-delivers.html
More Info: http://www.cybertelecom.org/broadband/

What Does SamKnow? Comcast Delivers Faster Speeds to More People Than Any Other ISP, Comcast
Earlier today, we told you about the Federal Communications Commission's latest report: Measuring Broadband in America — A Report on Consumer Wireline Broadband Performance in the U.S. . Well, we've had a chance to review the results, and we are very pleased to report that the FCC has not only found that ISPs in America largely deliver on their advertised speeds, but that on average Comcast's Xfinity Internet
http://blog.comcast.com/2011/08/what-does-samknow-comcast-delivers-faster-speeds-to-more-people-than-any-other-isp.html
More Info: http://www.cybertelecom.org/broadband/

Who Knows Broadband Speeds? Sam Knows., ATT
So, the FCC/Sam Knows "Measuring Broadband America" speed test is finally finished and guess what? The Sam Knows results, which measured the actual speeds provided by ISPs to their subscribers, demonstrates that American consumers are getting the broadband speeds they're paying for. For example, most major broadband providers deliver actual speeds that are "generally 80% to 90% of advertised maximum
http://attpublicpolicy.com/uncategorized/who-knows-broadband-speeds-sam-knows/
More Info: http://www.cybertelecom.org/broadband/

FCC Report on Broadband Provider Speed Tests Shows High-Quality Performance, USTelecom
Most of the country's major providers of broadband service provide Internet access service that is 80 to 90 percent of advertised speeds, according to a Federal Communications Commission report released today.
http://www.ustelecom.org/Video_Blogs/Blog/index.php/2011/08/02/fcc-report-on-broadband-provider-speed-tests-shows-high-quality-performance/
More Info: http://www.cybertelecom.org/broadband/

Cablevision is biggest loser in FCC broadband speed report, Gigaom
The FCC released its first-ever "Measuring Broadband America" report (PDF) on Tuesday, offering consumers a detailed look at the performance of the 13 biggest ISPs. The good news is that most ISPs actually deliver their bits within 80 percent of the advertised speed. Even during peak hours, when America is busy streaming movies from Netflix, most customers won't notice much of a difference. But there's bad
http://feedproxy.google.com/~r/OmMalik/~3/W07FDlBIzyA/
More Info: http://www.cybertelecom.org/broadband/

FCC asked to halt GPS-jamming network, AOPA
The Federal Communications Commission, now in possession of clear evidence that a proposed mobile communications network jams GPS signals, should recall approval it granted network venture LightSquared, and begin a full rulemaking process in the case, said AOPA and the General Aviation Manufacturers Association (GAMA).
http://www.aopa.org/advocacy/articles/2011/110801fcc-asked-to-halt-gps-jamming-network.html
More Info: http://www.cybertelecom.org/broadband/gps.htm

The FCC's New Network Semi-Neutrality Order Maintains Inconsistency in the Broadband World, NC JOLT
On December 23, 2010, the Federal Communications Commission ("FCC") issued a new Internet Order designed to regulate broadband access providers to further the principle of networkneutrality. The Order imposes regulations on broadband access providers for the first time, seeking to maintain the free and
http://www.ncjolt.org/abstracts/volume-12/ncjoltonlineed/p199
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

The Nefarious AntiCybersquatter Consumer Protect Act :: A Draft TPRC Paper, Cybertelecom
So (as previously reported) a guy walks into a bar... webdesigner shop. The guy, we'll call him Paul, contracts with Dan, a webdesigner, to make a fabulous website for Paul's company FOOBAR. The two parties agree that Dan shall register the domain name FOOBAR.FOO and make a website for Paul in exchange for $100. Dan sets to work, registering the domain name, designing the website, and making
http://feedproxy.google.com/~r/CybertelecomBlog/~3/7oXzg7Fdhg8/wayward-anticybersquatter-consumer.html
More Info: http://www.cybertelecom.org/dns/acpa.htm

in response to NTIA on IANA functions, CAIDA
In response to the U.S. National Telecommunications and Information Administration's recent Further Notice of Inquiry on the Internet Assigned Names and Numbers Authority (IANA) Functions [Docket No. 110207099-1319-0], I submitted the following comment:
http://blog.caida.org/best_available_data/2011/08/02/in-response-to-ntia-on-iana-functions/
More Info: http://www.cybertelecom.org/dns/ntia.htm

Google+ speeds to 25 million users in first month, CNEt
Growing at around 1 million members per day, Google+ had captured 25 million visitors as of July 24, becoming the fastest site to reach that level, according to ComScore.
http://news.cnet.com/8301-1023_3-20087374-93/google-speeds-to-25-million-users-in-first-month/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/industry/google.htm

This Week in Internet Censorship: China, India, and Faith-Based Censorship, EFF
The world's largest democracy has been known to censor online content from time to time, typically under the guise of national security or obscenity. The Indian Computer Emergency Response Team is tasked with issuing blocking orders, while Section 144 of the Code of Criminal Procedure allows police commissioners to identify and order the blocking of material that contains a threat or nuisance to society.
http://www.eff.org/deeplinks/2011/08/week-internet-censorship-china-india-and-faith
More Info: http://www.cybertelecom.org/intl/

Court Shuts Down Zediva: Apparently The Length Of The Cable Determines If Something Is Infringing, Techdirt
A few months ago we wrote about the new online movie rental site, Zediva, noting how it demonstrated some of the ridiculous nature of copyright. That's because Zediva worked by setting up a single DVD player with the DVD of the movie the user wanted to rent being put into that player, and then streamed from that player. In other words, their argument (based on the Cablevision ruling), was that as long as they were doing
http://www.techdirt.com/articles/20110802/02374615353/court-shuts-down-zediva-apparently-length-cable-determines-if-something-is-infringing.shtml
More Info: http://www.cybertelecom.org/ip/copyright.htm

Using Fair Use to Stop a Copyright Troll from Threatening Hyperlinkers, NC JOLT
Righthaven, a recently created company, has filed hundreds of copyright infringement claims against blogs and other small Web sites for posting content from copyrighted news articles online. These claims—filed without any cease and desist letters to warn potential infringers—demand not only high monetary damages, but
http://www.ncjolt.org/abstracts/volume-12/ncjoltonlineed/p155
More Info: http://www.cybertelecom.org/ip/link.htm

Study: Online video reinforces TV viewing, Lost Remote
A new study by CTAM (the Cable & Telecommunications Association for Marketing) asked people how they use YouTube, Hulu, Netflix and iTunes in conjunction with TV viewing.
http://www.lostremote.com/2011/08/02/study-online-video-reinforces-tv-viewing/
More Info: http://www.cybertelecom.org/media/video.htm

South Korea regulator fines Apple over collection of iPhone user information, Globe and Mail
Korea Communications Commission's token fine might influence regulators elsewhere
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/Y4wgIrxeQGU/
More Info: http://www.cybertelecom.org/privacy/

Apple fined $2,800 for location tracking, CNET
Company's South Korea unit was fined 3 million South Korean won following the company's location-tracking troubles earlier this year.
http://news.cnet.com/8301-13506_3-20087398-17/apple-fined-$2800-for-location-tracking/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/privacy/

'Biggest' cyber attack revealed, BBC
The UN and the International Olympic Committee were among those targeted by one of the largest series of cyber attacks ever, security firm McAfee says.
http://www.bbc.co.uk/go/rss/int/news/-/news/technology-14387559
More Info: http://www.cybertelecom.org/security/

U.S. government agencies descend on Defcon to recruit hackers, Globe and Mail
NSA, NASA, Department of Defense seeking 'cyber warriors' to augment ranks
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/eZbeO1UeFmo/
More Info: http://www.cybertelecom.org/security/cyberwar.htm

Data Retention Bill Draws Fire, Daily Dashboard
A bill aimed at curbing child pornography has drawn criticism from privacy advocates for requiring Internet service providers (ISPs) to retain personal data on temporarily assigned network addresses for 12 months, reports InfoWorld. The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) are speaking out against the bill, saying it would open up the data to abuse and misuse. "Essentially what
https://www.privacyassociation.org/publications/2011_08_2_data_retention_bill_draws_fire/#When:16:16:50Z
More Info: http://www.cybertelecom.org/security/records.htm

Newt Gingrich's Twitter follower count under scrutiny, WAPO
An anonymously sourced report in Gawker on Monday raised questions about presidential hopeful and former speaker of the House Newt Gingrich's Twitter account.
http://feeds.washingtonpost.com/click.phdo?i=570cc2a2cd65b861d6500c861b7b8454
More Info: http://www.cybertelecom.org/vote/

Newt Gingrich accused of Twitter follower fraud, CNET
Gawker and an anonymous ex-staffer of Newt Gingrich are accusing the presidential candidate of buying more than a million (fake) followers on Twitter.
http://news.cnet.com/8301-1023_3-20087188-93/newt-gingrich-accused-of-twitter-follower-fraud/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/vote/

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Blog :: cybertelecom.blogspot.com
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Twitter & Facebook :: Cybertelecom
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Cybertelecom is Off-the-Record. Otherwise play nicely.

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The Wayward AntiCybersquatter Consumer Protect Act :: A Draft TPRC Paper

So (as previously reported) a guy walks into a bar... webdesigner shop.  The guy, we'll call him Paul, contracts with Dan, a webdesigner, to make a fabulous website for Paul's company FOOBAR.  The two parties agree that Dan shall register the domain name FOOBAR.FOO and make a website for Paul in exchange for $100.  Dan sets to work, registering the domain name, designing the website, and making it generally fabulous.  

Now, as things happen, the relationship between Dan and Paul "soured."  Paul demanded that Dan turn over the domain name and website to Paul.  Dan agreed, on the condition that Paul pay any outstanding amounts due.

Question: Has Dan violated the Anticybersquatting Consumer Protection Act?

According to the 9th Circuit, he has.  In DSPT International, Inc. v. Lucky Nahum (9th Cir. Oct. 27, 2010), the 9th Circuit stated

[The ACPA] may fairly be read to mean that it is bad faith to hold a domain name for ransom, where the holder uses it to get money from the owner of the trademark rather than to sell goods. The jury had evidence that Dan was using the “foobar.foo” domain name as leverage to get Paul to pay him the disputed commissions, not for the bona fide sale of clothes. Though there was no direct evidence of an explicit offer to sell the domain to Paul for a specified amount, the jury could infer the intent to give back the site to Paul only if Paul paid Dan the disputed commissions.

The “intent to profit” [of the ACPA] means simply the intent to get money or other valuable consideration. “Profit” does not require that Dan receive more than he is owed on his disputed claim. Rather, “[p]rofit includes an attempt to procure an advantageous gain or return.” Thus, it does not matter that, as the jury concluded, Dan’s claim for unpaid commissions was meritless, because he could not hold the domain name for ransom even if he had been owed commissions.

Really?  Wow. Sucks to be a webdesigner!  Read that last sentence again. According to the 9th Circuit, any time a webdesigner insists on getting paid, the webdesigner just violated the ACPA.

That just doesn't seem right.  It's really hard to conceive that the ACPA, which was enacted to deal with guys in the 1990s who were registering 1000s of domain names and ransoming them to trademark owners for $25,000 a pop, should cover two guys in a contractual dispute.  Being irked by the 9th Circuit's decision, I decided to read every ACPA court decision since enactment in 1999 and do a statistical analysis of how court's have been going astray with the ACPA.

In order to identify the nefarious cybersquatters, Congress gave the court's nine bad faith factors (guidelines really).  With eleven years of court decisions under our belt, we could probably get a pretty good idea of how courts have been applying the ACPA, and see if they have in fact gone astray.

I proposed this idea as a paper for the Telecommunications Policy Research Conference this coming fall.  TPRC accepted the paper and I have been busy sitting on my couch measuring "nefariousness."  I plan on presenting a sneak preview of the research through a series of forthcoming blog posts (I'm fishing for feedback). 

Today's chart:  On average, trademark owners have won litigations 66% of the time and domain name owners have won 34% of the time.  In the first year, domain name owners didnt win any cases.  In time, however, the success rates of domain name owners has improved.  During the first five years domain name owners winning-percentage was almost always under 34%; in the last five years the winning percentage has usually been over 34%.  In 2008 and 2009 the domain name owners (the defendants) won a majority of the cases.

 

Of course methodology influences results in an analysis like this.  In my next post I will explain the methodology for this survey.... and provide another chart!

8.1 :: Wants to Remain the Envy of the World :: Seething Anger :: Sockpuppets Work :: Warrantless Seizures ::

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CyberTelecom News
Federal Internet Law and Policy
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And Now for Something Completely Different:
Desktop Destroyer "Google has been DEFEATED!" (Youtube Video)
http://youtu.be/gQiiENkDx5Q

FAA weighs in on LightSquared alternate plan, Flightglobal
The US FAA says an alternate operational proposal by wholesale broadband provider LightSquared would likely cause timing issues with its terminal, enroute and oceanic air traffic control systems, among other impacts to safety of flight systems.
http://www.flightglobal.com/articles/2011/07/29/360154/faa-weighs-in-on-lightsquared-alternate-plan.html
More Info: http://www.cybertelecom.org/broadband/gps.htm

CTIA calls on Obama to provide leadership in clearing spectrum, Fierce Broadband
CTIA wrote an open letter to President Obama asking for his leadership in directing the Commerce Department's National Telecommunications and Information Administration (NTIA) to clear unused and underutilized spectrum bands below 3 GHz--a move the trade association contends will further the FCC's National Broadband Plan. "The U.S. wireless industry wants to remain the envy of the world by continuing to offer our
http://www.fiercebroadbandwireless.com/story/ctia-calls-obama-provide-leadership-clearing-spectrum/2011-07-29?utm_medium=rss&utm_source=rss
More Info: http://www.cybertelecom.org/broadband/wireless.htm

Mobile Internet cost around the world [Infographics], Gigaom
How much does 2 GB of mobile data cost around the world? Folks from Android Fanatic took a look and presented their results in this infographic. Not surprisingly, Japan, Sweden and South Korea — three of the most advanced wireless societies — have the lowest bandwidth prices, and they all are offering what is being dubbed 4G wireless broadband.
http://feedproxy.google.com/~r/OmMalik/~3/crEgAkPr3UU/
More Info: http://www.cybertelecom.org/broadband/wireless.htm

Is Net neutrality blocking FCC spectrum auctions?, CNET
The FCC is making the case for new authority to auction spectrum critical for mobile broadband growth. But the agency doesn't seem to realize the extent of Congress' seething anger over 2010's "Net neutrality" rules.
http://news.cnet.com/8301-13578_3-20085054-38/is-net-neutrality-blocking-fcc-spectrum-auctions/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/broadband/wireless.htm

No Private Right of Action for Communications Decency Act :: Ashland Hospital v. Intl Bro of Electrical Workers 575 (Case Summary), Cybertelecom
Background: Plaintiff Ashland Hospital Corporation d/b/a King's Daughters Medical Center (KDMC) filed suit against International Brotherhood of Electrical Workers Local 575 (IBEW), asserting a "harassment" count citing the Communications Decency Act of 1996 (CDA), 47 U.S.C. § 223 et seq Plaintiff also filed suit against other parties and brought other causes of action (we are just interested in
http://feedproxy.google.com/~r/CybertelecomBlog/~3/l_MwcDIEiCc/no-private-right-of-action-for.html
More Info: http://www.cybertelecom.org/cda/cda-up.htm

A New Way Around Internet Censorship?, NPR
New software being developed at the University of Michigan aims to defeat Internet censorship by turning the entire Internet into an anti-censorship device.
http://www.npr.org/2011/07/31/138872976/a-new-way-around-internet-censorship?ft=1&f=1019
More Info: http://www.cybertelecom.org/cda/filters.htm

Net neutrality: the disaster that keeps on giving, TLF
On CNET this morning, I argue that delay in approving FCC authority for voluntary incentive auctions is largely the fault of last year's embarrassing net neutrality rulemaking.
http://feedproxy.google.com/~r/techliberation/~3/I91RHV2X1aA/
More Info: http://www.cybertelecom.org/ci/neutral.htm

Public Knowledge Backs Full Disclosure On Net Neutrality Rulemaking, PK
Earlier today, House Commerce Committee Chairman Fred Upton (MI), Communications Subcommittee Chairman Greg Walden (OR) and Oversight Subcommittee Chairman Stearns (FL) sent a lengthy letter to the FCC asking for documents and communications related to the Commission's Net Neutrality rule.
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/8ZdyUtLTNKk/public-knowledge-backs-full-disclosure-net-neutral
More Info: http://www.cybertelecom.org/ci/neutralnprm.htm

Facebook Files Cybersquatting Lawsuit Regarding 104 Typographical Variations of Facebook.com, Cybersquatting
Typosquatting is one of the most nefarious forms of cybersquatting. Companies continue to struggle with the sheer volume of domain names registered by cybersquatters which incorporate all or part of their registered trademarks. Facebook, which has not been particularly aggressive..
http://feedproxy.google.com/~r/typepad/traverselegal/domainnamedispute/~3/VWypRcI6iN8/facebook-files-cybersquatting-lawsuit-regarding-104-typographical-variations-of-facebookcom.html
More Info: http://www.cybertelecom.org/dns/acpa.htm

Comparing IPv4 and IPv6 Performance, Circleid
The active measurements the RIPE NCC carried out on World IPv6 Day on 8 June 2011 included ICMP (Internet Control Message Protocol) and ICMP6 (ICMP for IPv6) measurements from our vantage points to selected hostnames of World IPv6 Day participants and other dual-stacked parties. We used these measurements to determine the performance of IPv4 versus IPv6 connections.
http://www.circleid.com/posts/20110101_comparing_ipv4_and_ipv6_performance/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

The Internet Society responds to the Further Notice of Inquiry on the IANA Functions, ISOC
No description
http://isoc.org/wp/newsletter/?p=4253
More Info: http://www.cybertelecom.org/dns/ntia.htm

Data Centers' Power Use Less Than Was Expected, NYT
Data centers' unquenchable thirst for power has been slaked by the recession and new technology, a report says.
http://feeds.nytimes.com/click.phdo?i=39204e223e9169380374389790f5f581
More Info: http://www.cybertelecom.org/environment.htm

Astroturfing Works - Study Shows Users Impacted by Faux Facts, dslreports
User uid://475168 writes in: "Ars Technica reports on a Canadian study that indicates that in some cases astroturfing can be successful in changing a reader's opinion in favor of the astroturfing organization's viewpoint. In the war for public opinion it may soon become expedient to more stridently point out that a particular web site or organization is actually an astroturfer rather than a legitimate grassroots organization."
http://www.dslreports.com/shownews/Astroturfing-Works-115417
More Info: http://www.cybertelecom.org/industry/

AT&T to throttle big users of unlimited data, CW
AT&T announced service throttling for the heaviest users of its unlimited mobile data plans on Friday, saying the only way to truly solve its bandwidth crunch is for regulators to approve its merger with T-Mobile USA.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/DSuze3438R0/AT_T_to_throttle_big_users_of_unlimited_data
More Info: http://www.cybertelecom.org/industry/att.htm

U.S. Senate panel schedules Google antitrust hearing, Globe and Mail
FTC looking at Google for antitrust violations; Google says it will co-operate with probes
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/GT2yI3cw5fs/
More Info: http://www.cybertelecom.org/industry/google.htm

With LightSquared deal, Sprint gives in to LTE, CW
Sprint's decision to strike a deal with LightSquared today was a tacit admission that its early adoption of WiMax has not worked out as well as intended.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/baDYTyJ9Ujg/With_LightSquared_deal_Sprint_gives_in_to_LTE
More Info: http://www.cybertelecom.org/industry/sprint.htm

Google+ to delete private profiles starting yesterday, CNET
Google had said it planned to start deleting Google+ profiles that had not been made public beginning sometime after yesterday, July 31. It's unclear whether this has started happening yet.
http://news.cnet.com/8301-1023_3-20086320-93/google-to-delete-private-profiles-starting-yesterday/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/privacy/socialnetworks.htm

GAO Audits Gov't Agencies' Social Media Policies, Daily Dashboard
The Government Accountability Office (GAO) has audited the social media policies and procedures of 23 government agencies and issued a 90-page report disclosing the results. The GAO's information security director writes, "Without establishing guidance and assessing risks specific to social media, agencies cannot be assured that they are adequately meeting their responsibilities to manage and preserve federal
https://www.privacyassociation.org/publications/2011_07_29_gao_audits_govt_agencies_social_media_policies/#When:16:21:50Z
More Info: http://www.cybertelecom.org/privacy/socialnetworks.htm

Two Cybersecurity Bills Introduced in Senate, Daily Dashboard
TechJournal South reports that two bills focusing on data breach response have been introduced into the U.S. Senate. One bill, introduced by Sens. Thomas Carper (D-DE) and Roy Blunt (R-MO), would require financial institutions, retailers and federal agencies to protect personal information, investigate breaches and notify customers of a breach. "We need to replace the current patchwork of state and federal regula
https://www.privacyassociation.org/publications/2011_07_29_two_cybersecurity_bills_introduced_in_senate/#When:16:28:42Z
More Info: http://www.cybertelecom.org/security/

Feds Defend Seizure of WikiLeaks Supporter's Laptop, Wired
The Justice Department on Thursday fired back against a lawsuit filed by a WikiLeaks supporter and friend of accused leaker Bradley Manning over the warrantless seizure of his laptop, arguing that they held onto the machine for a lengthy 49 days only because he refused to provide the password, and because his dual-boot Linux/Windows configuration ...
http://feeds.wired.com/~r/wired/politics/~3/Z80CLiYF5PQ/
More Info: http://www.cybertelecom.org/security/bigbrother.htm

Judiciary Committee Passes Data Retention Bill, Daily Dashboard
The House Judiciary Committee has passed HR 1981 after defeating an amendment that would have placed limits on Internet service providers' (ISPs) requirement in the proposed law to retain IP addresses for one year and make them available to law enforcement by an administrative subpoena. If approved, the Protecting Children from Internet Pornographers Act would eliminate law enforcement's need for court orders to
https://www.privacyassociation.org/publications/2011_07_29_judiciary_committee_passes_data_retention_bill/#When:16:31:17Z
More Info: http://www.cybertelecom.org/security/records.htm

House panel approves broadened ISP snooping bill, CNET
By a 19 to 10 vote, a House committee votes to require Internet service providers to keep track of what their users are doing for one year in case it would be useful for future police investigations.
http://news.cnet.com/8301-31921_3-20084939-281/house-panel-approves-broadened-isp-snooping-bill/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/security/records.htm

EFF Warns Congress: Data Retention Would Endanger Privacy, Gain Little, EFF
EFF has joined civil liberties and consumer organizations in publicly opposing H.R. 1981, a bill that would threaten online privacy and anonymous speech by requiring Internet service providers (ISPs) to retain logs of customer-identifying information that can be tied to the web sites that you read and the content that you post online.
http://www.eff.org/deeplinks/2011/07/data-retention
More Info: http://www.cybertelecom.org/security/records.htm

NARUC: FCC Must Consider All Proposals, Including State Plan, to Reform Universal Service, NARUC
The National Association of Regulatory Utility Commissioners issued the following statement in response to an industry supported proposal made today on Universal Service and Intercarrier Compensation reform:
http://www.naruc.org/News/default.cfm?pr=266
More Info: http://www.cybertelecom.org/usf/rural.htm

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Website :: www.cybertelecom.org
Blog :: cybertelecom.blogspot.com
Delicious :: http://del.icio.us/rcannon100/zxc
Twitter & Facebook :: Cybertelecom
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AUP :: www.cybertelecom.org/cybert.htm#aup
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Link to us! www.cybertelecom.org
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

No Private Right of Action for Communications Decency Act :: Ashland Hospital v. Intl Bro of Electrical Workers 575 (Case Summary)

Background: Plaintiff Ashland Hospital Corporation d/b/a King's Daughters Medical Center (KDMC) filed suit against International Brotherhood of Electrical Workers Local 575 (IBEW),  asserting a "harassment" count citing the Communications Decency Act of 1996 (CDA), 47 U.S.C. § 223 et seq Plaintiff also filed suit against other parties and brought other causes of action (we are just interested in the CDA).

The IBEW decided to "forge a broad grass-roots community based coalition to amplify its message" that KDMC should hire locally. The IBEW launched a robocall campaign against KDMC beginning in June 2010 continuing through the first week of July. The robocall script read

Hello, my name is Kelly and I am confused by King's Daughters Medical Center and the choices they are making here in Scioto County. King's Daughters' CEO Fred Jackson has received bids from several contractors, including one that will put local people to work. Sadly, for the price of a few medical procedures, it appears that KDMC CEO Fred Jackson is going to bring in out-of-town companies and workers to build their new facility. Southern Ohio Medical Center has always committed to using local businesses and local workers, so how can we support a hospital that won't make the same commitment? Please press 1 now to leave a message for Fred Jackson, who received more than $1,150,000 in yearly compensation, and ask him why he would expect you to spend our hard-earned dollars at King's Daughters while he spends his out of town. Thank you.

Calls were allegedly made to residents of Southern Ohio and Northern Kentucky who could then choose whether to connect to Fred Jackson or Howard Harrison at KDMC. Thousands of the Ohio and Kentucky residents contacted opted to connect directly to KDMC in the months of June and July 2010. KDMC alleges that this activity "tied up multiple incoming telephone lines at KDMC's hospital facility."

Procedure:  Defendant's Motion to Dismiss, Rule 12(b)(6), Plaintiff's Communication Decency Act cause of action, 47 USC 233.

Argument: Defendant seeks dismissal on the basis that the CDA is a criminal statute that does not provide individual plaintiffs a private right of action.

Analysis: The Communications Decency Act is a criminal statute that prohibits the making of "obscene or harassing" telecommunications. 47 U.S.C. § 223(a) ("Whoever. . . makes a telephone call. . . without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number . . . shall be fined under Title 18 or imprisoned not more than two years, or both.") (internal numbering omitted). Although a criminal statute may provide an implied right of action if Congress so intended in enacting the criminal statute, Thompson v. Thompson, 484 U.S. 174, 179 (1988), such will not be the case unless legislative intent can be inferred from the statutory language or elsewhere. It is well settled, however, that the CDA does not authorize a private right of action. Sloan v. Truong, 573 F. Supp. 2d 823, 829 (S.D.N.Y. 2008) (there is no express or implied provision for a private remedy under § 223); see also Osborn v. Salter, No. 5:07CV00016, 2007 WL 1202848, at *1 (W.D. Va. April 23, 2007) ("[T]he authority to enforce the CDA lies with government authorities not with private citizens."); Universal Commc'n Sys., Inc. v. Lycos, Inc., No. 05-11172-REK, 2005 WL 5250032, at *4 (D. Mass. Dec. 21, 2005) ("Section 223 does not . . . provide a private right of action . . . so plaintiffs do not have a claim under this statute."). Where plaintiffs have initiated civil suits under this statute, courts have consistently refused to imply a private right of action. See Croteau v. California, No. 07-CV-588-IEG, 2007 WL 4180831, at *7 (S.D. Cal. Nov. 21, 2007) (no private right of action to recover for damages under 47 U.S.C. § 223); Viola v. A & E Television Networks, 433 F. Supp. 2d 613, 618 (W.D. Pa. 2006) ("[T]he authority to enforce the CDA lies with the proper government authorities and not with a private citizen such as plaintiff.").

Holding: Defendant's Motion to Dismiss Plaintiff's CDA Claim granted.

ASHLAND HOSPITAL CORPORATION v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 575, Dist. Court, ED Kentucky 2011

7.28 :: Still Mislead :: What Are You Hiding :: We Know it When We See It :: Taking a Peak :: The Response Was, in a word, Confusion ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
"When the rich make war it's the poor that die." -Jean-Paul Sartre

ISPs 'still mislead' on broadband, BBC
Ofcom's latest broadband report shows the gap between advertised and actual speeds is getting wider.
http://www.bbc.co.uk/go/rss/int/news/-/news/technology-14295046
More Info: http://www.cybertelecom.org/broadband/

Grassley to FCC on LightSquared: What are you hiding?, WAPO
Sen. Chuck Grassley (R-Iowa), ranking member of the Judiciary Committee, said Wednesday he still hasn't received the answers he wants from the Federal Communications Commission on why the agency fast-tracked a regulatory step for troubled satellite firm LightSquared.
http://feeds.washingtonpost.com/click.phdo?i=c8a82cd94419289f1f5d933316a4b528
More Info: http://www.cybertelecom.org/broadband/gps.htm

Sprint, LightSquared strike 15-year deal for LTE wholesale network, CW
Sprint and LTE technology provider LightSquared announced a 15-year deal Thursday that gives Sprint $9 billion in cash, primarily for spectrum hosting and LTE network services it would provide LightSquared.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/LB7wHz8VG8M/Sprint_LightSquared_strike_15_year_deal_for_LTE_wholesale_network
More Info: http://www.cybertelecom.org/broadband/gps.htm

LightSquared to buy 4G from Sprint for billions, Gigaom
The much rumored and much talked about deal between Overland Park, Kan.-based Sprint Nextel and upstart 4G network company,LightSquared has finally come to fruition, the two companies announced Thursday. LightSquared is a wireless network based in Reston, Va., using re-purposed satellite-related spectrum to build a 4G wireless broadband network.
http://feedproxy.google.com/~r/OmMalik/~3/Ynadkiy_IQ4/
More Info: http://www.cybertelecom.org/broadband/gps.htm

GPS Interference Testing - Inside GNSS, Inside GNSS
In a tightly compressed timeline, the Technical Working Group established under a Federal Communications Commission order designed and conducted tests assessing the likely effect of LightSquared's transmissions on GPS.
http://www.insidegnss.com/node/2674
More Info: http://www.cybertelecom.org/broadband/gps.htm

ASHLAND HOSPITAL CORPORATION v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 575, EDKy Fed Court
No private right of action for Communications Decency Act, 47 U.S.C. § 233, Cause of Action
http://scholar.google.com/scholar_case?case=14519894891101358315
More Info: http://www.cybertelecom.org/cda/cda-up.htm

Will the new IANA contract politicize the IANA?, IGP
IGP filed comments on the Commerce Department's Further Notice of Inquiry on the IANA functions contract today. Our comments noted that there are elements in the proposed new IANA Statement of Work (SOW) which could radically alter the nature of the IANA functions contract.
http://feedproxy.google.com/~r/IGPBlog/~3/dRcETViQliE/4867692.html
More Info: http://www.cybertelecom.org/dns/ntia.htm

"We Know It When We See It": Intermediary Trademark Liability and the Internet, : 2011 STAN. TECH. L. REV. 7
The recent history of intermediary liability decisions in copyright and trademark law reflects a notable resistance to rules that might constrain judicial discretion to ferret out bad guys. The Supreme Court in Grokster suggested such resistance, by limiting the Sony safe harbor to defendants
http://stlr.stanford.edu/pdf/dogan-intermediary-trademark-liability.pdf
More Info: http://www.cybertelecom.org/dns/trademark.htm

Sen. Al Franken joins call to reject AT&T/T-Mobile merger, WAPO
Sen. Al Franken (D-Minn.) on Tuesday urged regulators to stop AT&T's merger with T-Mobile, saying the $39 billion deal would drive up prices for consumers and threaten jobs.
http://feeds.washingtonpost.com/click.phdo?i=dfa0c4c94a5d9c7cac25e63734b5d3bb
More Info: http://www.cybertelecom.org/industry/att.htm

In re Google Inc. Street View Electronic Communications Litigation, NDCA Fed Court
The Court GRANTS Defendant's Motion for Certification and certifies this case for immediate appeal pursuant to 28 U.S.C. § 1292(b).
http://scholar.google.com/scholar_case?case=15658837274416715084
More Info: http://www.cybertelecom.org/industry/google.htm

Fox to delay to limit Web access to its shows, CNET
Hulu users used to seeing their favorite shows on Hulu the day after they air on the network will soon have to wait eight days.
http://news.cnet.com/8301-1023_3-20083912-93/fox-to-delay-to-limit-web-access-to-its-shows/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/media/video.htm

Fox to stream newest shows only to paid subscribers, Lost Remote
In a huge move that could signal the beginning of a reversal of free, timely programming on the web, Fox is planning to institute a eight-day delay on streaming its shows on Fox.com and Hulu, reports the WSJ. Paid subscribers to Hulu Plus ($7.99/month) and DirecTV Dish subscribers will be able to watch episodes the day after they air. Fox is trying to get more cable and satellite providers to sign up, as well.
http://www.lostremote.com/2011/07/26/fox-to-stream-new-shows-only-to-paid-subcribers/
More Info: http://www.cybertelecom.org/media/video.htm

Taking a Peek Under the Hood of the New FCC.Gov, FCC
Public dot-gov sites are playing a big role in delivering on the promises of open government. As many people know, government sites --WhiteHouse.gov for example -- are becoming active participants in this conversation between citizens, developers and dot gov teams. We're proud that the new FCC.gov has been able to contribute, and we wanted to give an overview of the community-driven features that power our site.
http://www.fcc.gov/blog/taking-peek-under-hood-new-fccgov
More Info: http://www.cybertelecom.org/notes/fcc.htm

Computer Fraud and Abuse Act case against hard drive destroying director goes forward, Internet Cases
Defendant had risen to the level of Director of a large consulting and professional services firm. (There is some irony here – this case involves the destruction of electronic data, and defendant had been in charge of the firm's security and privacy practice.)
http://blog.internetcases.com/2011/07/27/computer-fraud-and-abuse-act-case-against-hard-drive-destroying-director-goes-forward/
More Info: http://www.cybertelecom.org/security/crime.htm

Stuxnet as Cyberwarfare: Applying the Law of War to the Virtual Battlefield, SSRN
In the field of international humanitarian law, there are a number of questions about the conduct of warfare in the cyber domain. In some cases, answers can be gleaned from treaties and customary international law but in other instances, solutions are seemingly intractable, begging for solutions that
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1892888
More Info: http://www.cybertelecom.org/security/cyberwar.htm

GAO faults Pentagon cyber efforts, WAPO
In 2008, the U.S. military suffered the most significant breach of its classified computer networks when an infected flash drive was inserted into a laptop at a base in the Middle East, and the response was, in a word, confusion.
http://feeds.washingtonpost.com/click.phdo?i=044e470516ede9a25662522912e49143
More Info: http://www.cybertelecom.org/security/cyberwar.htm

Government Experts Confirm Nation's Critical Infrastructure Vulnerable to Cyber Threats, House Commerce
Oversight and Investigations Subcommittee Launches Series of Hearings to Protect Nation From Growing Cyber Attac
http://republicans.energycommerce.house.gov/News/PRArticle.aspx?NewsID=8844
More Info: http://www.cybertelecom.org/security/cyberwar.htm

Court Rejects First Amendment Challenge to CAN-SPAM Indictment -- US v. Smallwood, Tech & Marketing Law
US v. Smallwood, 09-CR-00249 (N.D. Tex.; July 15, 2011) First Amendment...
http://blog.ericgoldman.org/archives/2011/07/court_rejects_f.htm
More Info: http://www.cybertelecom.org/spam/canspam.htm

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

7.26 :: Quits Abruptly :: "Summer is Nearly Over" :: Shut Down the PSTN :: Three Strikes Strikes Out :: Better or Worse? ::

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

7.8 Million Kids Heading Back to School With One Strike Already
Against Them, Connected Nation
Summer is nearly over, and that means kids will soon be returning to
the classroom. This week, Connected Nation is looking at how families
with children are using technology, as well as steps that schools are
taking to make sure that all of their students can access
http://connectednationblog.blogspot.com/2011/07/78-million-kids-heading-back-to-school.html
More Info: http://www.cybertelecom.org/broadband/

LightSquared vs. GPS raises big spectrum issues, CW
The argument raging over LightSquared's proposed LTE network and
possible interference with GPS services is actually two arguments over
two sets of frequencies, both of which the startup hopes eventually to
use.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/ZH6dDrYvo8Y/LightSquared_vs._GPS_raises_big_spectrum_issues
More Info: http://www.cybertelecom.org/broadband/gps.htm

Wireless-by-satellite start-up hits FCC roadblock over GPS
interference findings, WAPO
LightSquared, a wireless-by-satellite network start-up created by
hedge fund billionaire Philip Falcone, hit its first roadblock with
new findings that its service interferes with Global Positioning
System receivers.
http://www.washingtonpost.com/business/economy/wireless-by-satellite-startup-hits-fcc-roadblock-over-gps-interference-findings/2011/06/30/AGfe7WsH_story.html
More Info: http://www.cybertelecom.org/broadband/gps.htm

FCC gives itself more time to review AT&T's proposed purchase of
T-Mobile USA, Fierce Broadband
The FCC is giving itself more time to review AT&T's (NYSE:T) proposed
$39 billion acquisition of T-Mobile USA, saying AT&T plans to submit
new economic assessments when it comes to the deal's public benefits.
AT&T plans to submit that information on July 25. The FCC said it
would restart its review process once it receives the information
http://www.fiercebroadbandwireless.com/story/fcc-gives-itself-more-time-review-atts-proposed-purchase-t-mobile-usa/2011-07-24?utm_medium=rss&utm_source=rss
More Info: http://www.cybertelecom.org/broadband/merger.htm

my third FCC TAC meeting — the most exciting yet, CAIDA
My third FCC Technical Advisory Council meeting (3-hr. video archive
here) was the most exciting yet. The TAC's Critical Legacy Transition
working group, studying the legacy public switched telephone network,
recommended that the Council advise the FCC to set a concrete date to
sunset (shut down) the Public Switched Telephone Network
http://blog.caida.org/best_available_data/2011/07/25/my-third-fcc-tac-meeting-the-most-exciting-yet/
More Info: http://www.cybertelecom.org/broadband/tac.html

802.11n support to grow 465 percent through 2015, CNET
Research firm In-Stats says 53 million wireless-N-supported devices
were available in 2010. That figure will jump to nearly 300 million in
2015.
http://news.cnet.com/8301-13506_3-20081963-17/802.11n-support-to-grow-465-percent-through-2015/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/broadband/wifi.htm

Top 25 U.S. Online Properties, June 2011, Clickz
A look at the top 25 online properties in the U.S. during June.
http://feeds.clickz.com/~r/clickzstats/~3/MW5Ij7XgTis/online-properties-june-2011
More Info: http://www.cybertelecom.org/data/

Texas IPv6 Task Force Summit, IPv4 Depletion Site
Join us for the 3rd Texas IPv6 Task Force Summit in Austin, TX on
September 14-15 2011.
http://www.ipv4depletion.com/?p=623
More Info: http://www.cybertelecom.org/dns/ipv6.htm

IPv6 Fragmentation, Arbor Network
Fragmentation has been a frequent source of security vulnerabilities
in IPv4, and for good reason. With fragmented IPv4 packets, the layer
4 header information is not available in the second through the last
fragment. The process of fragmentation and fragment reassembly can
create unexpected and harmful behaviors in intermediate nodes (such
http://asert.arbornetworks.com/2011/07/ipv6-fragmentation/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Remarks of Assistant Secretary Strickling at the Internet Governance
Forum--USA, NTIA
Thank you for the opportunity to speak once again at the IGF-USA. I
want especially to thank Marilyn Cade for her work in pulling together
the third edition of this meeting and I am glad to have had the
opportunity to speak at each of these sessions.
http://www.ntia.doc.gov/speechtestimony/2011/remarks-assistant-secretary-strickling-internet-governance-forum-usa
More Info: http://www.cybertelecom.org/dns/ntia.htm

South Korean Twitterers Mobilized As East Sea(Sea of Japan) Conflict
Intensifies, Global Voices
The ongoing territorial dispute over the Dokdo(Takeshima) island has
flared up as the Japanese Foreign Ministry instructed a boycott
against Korean Air for hovering over the island located in the
disputed water. Korean Twitterers have set up a special website,
IssueTok [ko], to plan a mass tweet-protest in several languages.
http://globalvoicesonline.org/2011/07/22/south-korean-twitterers-mobilized-as-east-seasea-of-japan-conflict-intensifies/
More Info: http://www.cybertelecom.org/intl/asia.htm

54-Year Old School Teacher Who Doesn't Know How To Download Movies
First To Be Kicked Off The Internet In France, Techdirt
We recently noted that, over in France, under the HADOPI three strikes
regime, they had their first 10 people get their third strike, and
each was being reviewed to see if they should lose their connection.
Well, it looks like the first guy has lost his connection... and it's
a 54-year old school teacher who insists he has no idea how to
download
http://www.techdirt.com/articles/20110724/01212715219/54-year-old-school-teacher-who-doesnt-know-how-to-download-movies-first-to-be-kicked-off-internet-france.shtml
More Info: http://www.cybertelecom.org/ip/copyright.htm

DMCA Takedown Used To Try To Silence Science Blogger Providing Comet
Facts, Techdirt
Another day, another case of the DMCA being used to try to censor
people. The details here are not entirely clear, but James Litwin
points us to a report about how someone -- and, tragically, the party
is never actually named -- filed a DMCA takedown notice to Blogger to
try to take down Ian Musgrave's Astroblogger site. Apparently some
folks who
http://www.techdirt.com/articles/20110721/05004915194/dmca-takedown-used-to-try-to-silence-science-blogger-providing-comet-facts.shtml
More Info: http://www.cybertelecom.org/ip/dmca.htm

Jammie Thomas judgment lowered from $1.5 million to $54,000, CNET
The judge in the long-running copyright case has reduced a third
verdict against Jammie Thomas from $1.5 million to $54,000, calling
the jury-awarded amount "outrageously high."
http://news.cnet.com/8301-31001_3-20081934-261/jammie-thomas-judgment-lowered-from-$1.5-million-to-$54000/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/ip/p2p.htm

Is the internet making journalism better or worse? Yes, Gigaom
For the past several days, The Economist has been hosting a debate
between journalism professor Jay Rosen and digital skeptic and author
Nicholas Carr, as part of an ongoing series about the future of media.
The proposition tabled by the magazine was that the internet is making
journalism better rather than worse, with Rosen arguing in
http://feedproxy.google.com/~r/OmMalik/~3/sp86_E0lfBI/
More Info: http://www.cybertelecom.org/media/news.htm

71% of online adults now use video-sharing sites, Pew
Fully 71% of online Americans use video-sharing sites such as YouTube
and Vimeo. Rural internet users have caught up to others in their use
of these sites, and minorities are more likely than whites to visit
them.
http://www.pewinternet.org/Reports/2011/Video-sharing-sites.aspx
More Info: http://www.cybertelecom.org/media/video.htm

'Big Three' Weigh in on Online Privacy: FTC, FCC and NTIA Testify at
Privacy Hearing, Telecom Law Monitor
On July 14, 2011, a joint House Energy and Commerce Subcommittee
hearing focused on online privacy policy and perspectives of the 'big
three' federal agencies with potential jurisdiction over online
privacy – the Federal Trade Commission (FTC), the Federal
Communications Commission (FCC), and the National Telecommunications
and
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/3g-kJLVDdBo/
More Info: http://www.cybertelecom.org/privacy/

The What and Why of NIST's Privacy Appendix, Daily Dashboard
Ron Ross, author of the National Institute of Standards and
Technology's (NIST) "Security Controls for Federal Information Systems
and Organizations" document told GovInfoSecurity that adding privacy
controls will offer a "disciplined and structured approach on how to
enforce some of the best practices that have been around for quite
https://www.privacyassociation.org/publications/2011_07_22_the_what_and_why_of_nists_privacy_appendix/#When:18:00:50Z
More Info: http://www.cybertelecom.org/privacy/

FTC Extends Public Comment Period to August 15, 2011 for Aristotle's
Proposed Safe Harbor Program Under the Children's Online Privacy
Protection Rule, FTC
The Federal Trade Commission today announced that it is extending
until August 15, 2011, the deadline for public comments relating to a
proposed safe harbor program that Aristotle International, Inc. has
submitted for Commission approval under the Children's Online Privacy
Protection Rule.
http://www.ftc.gov/opa/2011/07/aristotle.shtm
More Info: http://www.cybertelecom.org/privacy/coppa.htm

Don't Let Congress Order Internet Companies to Spy on You — Block the
Data Retention Mandate, EFF
Mandatory data retention would force your ISP--and your workplace,
your school, your library, your corner coffee-shop with free WiFi, and
anyone else that offers you internet access--to create vast and
expensive new databases of sensitive information about you. That
information would then be available to the government, in secret and
without any
http://www.eff.org/action/dont-let-congress-order-internet-companies-spy-you
More Info: http://www.cybertelecom.org/security/

Director of US-CERT quits abruptly, CW
Randy Vickers, the director of the U.S. Computer Emergency Response
Team (US-CERT), has resigned from his position without any official
explanation for the abrupt move.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/zrdBvZinZeo/Director_of_US_CERT_quits_abruptly
More Info: http://www.cybertelecom.org/security/dhs.htm

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

7.20 :: Very Bold or Very Dumb :: Obsolete :: WIFI isnt Radio Communications :: Who Ya Gonna Believe ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
"Fame is a vapor; popularity an accident; the only earthly certainty is oblivion." -Mark Twain

"Very bold or very dumb": data caps don't apply to ISP's own movie service (updated), Ars Technica
Shaw provided no information when I contacted them before running this story, but starting this afternoon, the company suddenly started tweeting up a storm. According to the company, watching Movie Club on a television incurs no data cap because it is delivered through Shaw's existing video-on-demand QAM cable infrastructure. When users access Movie Club through a computer, they will access an IP-based
http://arstechnica.com/tech-policy/news/2011/07/very-bold-or-very-dumb-data-caps-dont-apply-to-isps-own-movie-service.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss
More Info: http://www.cybertelecom.org/broadband/

Compliance Reminders: FCC Filings Due August 2011; FCC Form 477 Compliance Webinar; FCC Annual Regulatory Fees, Telecom Law Monitor
Carriers required to contribute to federal universal service support mechanisms must report their actual and projected end user and wholesale revenues for each calendar quarter by filing Form 499Q on a quarterly basis. The Form 499Q filing, providing historical revenue data for April 1 through June 30 and projected data for October 1 through December 31, is due to USAC by August 1, 2011.
http://feeds.lexblog.com/~r/TelecomLawMonitor/~3/pjh8jeleQzo/
More Info: http://www.cybertelecom.org/broadband/

Oh no he didn't: AT&T's CEO calls DSL obsolete, Gigaom
AT&T CEO Randall Stephenson (pictured) spoke Tuesday at the National Association of Regulatory Utility Commissioners summer meeting in Los Angeles, where he called his company's copper-based DSL broadband technology "obsolete." This is a stunning admission from one of the nation's largest DSL providers. Sena Fitzgerald Fitzmaurice, a spokeswoman for rival ISP Comcast tweeted from the meeting:
http://feedproxy.google.com/~r/OmMalik/~3/bt254DmBveM/
More Info: http://www.cybertelecom.org/broadband/dsl.htm

LightSquared: 1, High-Precision GPS: 0, GPS World
At stake is the high-precision GPS industry as we know it. If LightSquared's current proposal is approved by the FCC, it will render tens of thousands, and possibly hundreds of thousands of GPS receivers obsolete starting as early as next year. The
http://www.gpsworld.com/survey/lightsquared-1-high-precision-gps-0-11885
More Info: http://www.cybertelecom.org/broadband/gps.htm

Hot Times for Spectrum Policy, FCC
Things are heating up in Washington. Of course, we're not referring to the ongoing negotiations over the debt ceiling, or even the 100-degree temperatures expected later this week. We're talking about spectrum policy.
http://www.fcc.gov/blog/hot-times-spectrum-policy
More Info: http://www.cybertelecom.org/broadband/wireless.htm

Guest blog: ICANN needs to follow its own bylaws on UDRP review, IGP
That ICANN too often winks at its fundamental rules is illustrated by the Preliminary GNSO Issue Report on the Current State of the Uniform Dispute Resolution Policy ("UDRP Report"). At a basic level, the UDRP Report is untimely and unresponsive. It satisfies neither the timeline prescribed by the bylaws nor the substantive criteria of an issue report required by the bylaws. Rather than assisting the GNSO Council, the
http://feedproxy.google.com/~r/IGPBlog/~3/lNLJL5D82og/4861231.html
More Info: http://www.cybertelecom.org/dns/icann.htm

Malaysian Government to Fully Adopt IPV6 by End of 2012, Circleid
The Malaysian government is poised to fully adopt the Internet Protocol version 6 or IPv6 by the end of next year and may emerge as the first government in the world to achieve full IPv6 compliance, Deputy Information Communication and Culture Minister Datuk Joseph Salang said. According to the report several government agencies have already adopted IPv6 and several others are in the process of shifting from IPv4.
http://www.circleid.com/posts/malaysian_government_to_fully_adopt_ipv6_by_end_of_2012/
More Info: http://www.cybertelecom.org/dns/ipv6.htm

Judge Ware OKs Immediate Appeal of Street View ECPA Ruling -- In re Google Inc. Street View Electronic Communications Litigation, Tech & Marketing Law
n re Google Inc. Street View Electronic Communications Litigation, 2011 WL 2571632 (N.D. Cal. July 18,...
http://blog.ericgoldman.org/archives/2011/07/judge_ware_oks.htm
More Info: http://www.cybertelecom.org/industry/google.htm

Judge Agrees That Perhaps It Would Be Best For Someone Else To Review His Claim That WiFi Isn't A Radio Communication, Techdirt
We were pretty surprised a few weeks back when a judge claimed that Google could be subject to wiretapping charges for collecting snippets of data during the Street View data collection might be illegal wiretapping, because he didn't consider open WiFi to be radio communications. Under the law, open and unencrypted radio communications are not subject to wiretapping rules, because, well, they're open. Claiming that open
http://www.techdirt.com/blog/wireless/articles/20110718/16204015156/judge-agrees-that-perhaps-it-would-be-best-someone-else-to-review-his-claim-that-wifi-isnt-radio-communication.shtml
More Info: http://www.cybertelecom.org/industry/google.htm

Leading by Example — Closing the FCC's Title II Reclassification Proceeding, CableTechTalk
In an op-ed in today's Washington Post, Karen Kornbluh, U.S. ambassador to theOrganization for Economic Cooperation and Development, and Daniel Weitzner, White House Deputy Chief Technology Officer for Internet Policy, made a powerful case for building an international consensus around the benefits of an open, interconnected Internet.
http://www.cabletechtalk.com/fcc/2011/07/15/leading-by-example-closing-the-fcc%e2%80%99s-title-ii-reclassification-proceeding/
More Info: http://www.cybertelecom.org/intl/

From Russia With Malice, VOA
The Dangers of Russian Hacking
http://blogs.voanews.com/digital-frontiers/2011/07/18/from-russia-with-malice/
More Info: http://www.cybertelecom.org/intl/me.htm

Politicians Who Support Protect IP Clueless About What it Does - One Thinks It's About Immigration, Another...Net Neutrality, dslreports
During the last year the Immigration and Customs Enforcement (ICE) office of the Department of Homeland Security has launched a new campaign that involves seizing the domains used by websites involved in copyright infringement, the sale of counterfeit goods or child pornography. The problem is that the program has been borderline incompetent, taking legitimate foreign businesses offline, as well a
http://www.dslreports.com/shownews/Politicians-Who-Support-Protect-IP-Clueless-About-What-it-Does-115268
More Info: http://www.cybertelecom.org/ip/copyright.htm

Who Do You Trust On Whether Or Not PROTECT IP Will Break The Internet? The Guys Who Built It... Or The MPAA?, Techdirt
We've already covered the white paper written by a bunch of the biggest names in internet infrastructure, explaining why PROTECT IP breakskey underlying elements of the internet. At the same time, we've seen the entertainment industry try to brush off these concerns. However, the guys who wrote the white paper have been speaking up lately trying to get our elected officials to recognize the consequences of passing
http://www.techdirt.com/articles/20110718/03264515127/who-do-you-trust-whether-not-protect-ip-will-break-internet-guys-who-built-it-mpaa.shtml
More Info: http://www.cybertelecom.org/ip/copyright.htm

The "Graduated Response" Deal: What if Users Had Been At the Table?, EFF
As was widely reported last week, several major internet access providers (including, very likely, yours) struck a deal last week with big content providers to help them police online infringement, educate allegedly infringing subscribers and, if subscribers resist such education, take various steps including restricting their internet access. We've now had a chance to peruse the lengthy "Memorandum of Understanding" (MOU) behind
http://www.eff.org/deeplinks/2011/07/graduated-response-deal-what-if-users-had-been
More Info: http://www.cybertelecom.org/ip/copyright.htm

Bono Mack Introduces Legislation to Protect Consumers From Data Theft, House Commerce
Commerce, Manufacturing, and Trade Subcommittee to Vote on SAFE Data Act TOMORROW
http://republicans.energycommerce.house.gov/News/PRArticle.aspx?NewsID=8823
More Info: http://www.cybertelecom.org/privacy/

Lawmakers Say Children First in Online Privacy, Daily Dashboard
Amidst proposals for do-not-track legislation and a recent study showing that some online companies are not complying with self-regulatory standards, Rep. Anna Eshoo (D-CA) suggests that focusing on children's privacy may be the way forward. The Washington Post reports that while most lawmakers think children need clear online protections, the current proposals will be hard to turn into law. Meanwhile, Rep. Henry
https://www.privacyassociation.org/publications/2011_07_15_lawmakers_say_children_first_in_online_privacy/#When:16:31:07Z
More Info: http://www.cybertelecom.org/privacy/

Google+ reportedly hitting 18 million users, CNET
New data calculated by Ancestry.com founder and Google+ unofficial statistician Paul Allen say that the new social network could soon reach 18 million users.
http://news.cnet.com/8301-1023_3-20080985-93/google-reportedly-hitting-18-million-users/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/privacy/socialnetworks.htm

Feds Arrest 14 'Anonymous' Suspects Over PayPal Attack, Raid Dozens More, Wired
Authorities have arrested 14 individuals suspected of participating in denial-of-service attacks against the online-payment service PayPal.
http://feeds.wired.com/~r/wired/politics/~3/f__2lhZ-fvc/
More Info: http://www.cybertelecom.org/security/hacker.htm

FBI arrests 16 in Anonymous hacking investigation, CNET
Arrests follow raids on homes as part of more than 35 search warrants related to an attack on PayPal computers, U.S. Department of Justice says.
http://news.cnet.com/8301-27080_3-20080746-245/fbi-arrests-16-in-anonymous-hacking-investigation/?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/security/hacker.htm

'Anonymous' arrests tied to PayPal DDoS attacks, FBI says, CW
The FBI said this afternoon that it had arrested a total of fourteen individuals thought to belong to the Anonymous hacking group for their alleged participation in a series of distributed denial-of-service attacks (DDoS) against PayPal last year.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/KPGWV7yq-WA/_Anonymous_arrests_tied_to_PayPal_DDoS_attacks_FBI_says
More Info: http://www.cybertelecom.org/security/hacker.htm

16 Arrested as F.B.I. Hits the Hacking Group Anonymous, NYT
Fourteen of the 16 people were charged in connection with an attack on the Web site of the payment service PayPal last December.
http://feeds.nytimes.com/click.phdo?i=a1a657e8560f63bdcbaf7c9a957053ef
More Info: http://www.cybertelecom.org/security/hacker.htm

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