ACPA Part 7: Safe Harbor (no mere tiffs allowed)

At the end of the AntiCybersquatting Consumer Protection Act nine factors is the Safe Harbor Provision, which acts as a failsafe and reiterates Congressional intent:

Bad faith intent described under subparagraph (A) shall not be found in any case in which the court determines that the person believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful.

15 U.S.C. § 1125(d)(1)(B)(ii). See also 15 U.S.C. § 1125(d)(1)(B)(i)(IV) (fair use).

This is designed as a bright line test. Unlike the nine factors, this consideration is not discretionary. This is not a factor placed down as guidance; Congress clearly states that bad faith shall not be found in cases where it is believed that the use is legal or fair use. For example, the safe harbor protects uses such as parody and commentary and use by persons ignorant of another’s superior right to the mark. Mattel, Inc. v. Barbie-Club. com, 310 F. 3d 293, 906-07 (2nd Cir 2002); 15 U.S.C. § 1114 (innocent infringement by publishers); 15 U.S.C. § 1115 (innocent infringement as a defense to right to use a mark). Congress is making clear that Congress is specifically targeting nefarious cybersquatters with the ACPA; the ACPA is not to be extended to other mere tiffs.

Next: 67 Cases

ACPA Part 6: The Scorecard

Photo by J McPherskesen

The courts reject the notion that they mechanically churn through the 9 Bad Faith Factors, allotting points to the different parties, adding up the score, and declaring victory for the party with the highest score. But hat is exactly what the courts have done. They have created a scorecard, they go down the factors and they score points for either the Trademark Owner (TMO) or the Domain Name Owner (DNO). The courts have misunderstood the factors handed down to them by Congress and are using the wrong scorecard.

The nine factors fall within two groups. Understanding the difference between the two groups is key to understanding how to correctly apply them. As stated by the legislative history, "The first four [factors] suggest circumstances that may tend to indicate an absence of bad-faith intent to profit from the goodwill of a mark, and the others suggest circumstances that may tend to indicate that such bad-faith intent exists." H.R.Rep. No. 106-412, 1999 WL 970519, at *10.  The Courts are in accord, stating "The first four factors have been seen as reasons why a defendant might in good faith have registered a domain name incorporating someone else's mark, and the other five are indicia of bad faith intent."  Coca Cola v. Purdy, 382 F3d 774, 783 (8th Cir. 2004).

All of the factors concern the behavior of the DNO and have nothing to do with the behavior of the TMO. 

Good Faith (Mitigating Circumstances)

The first four factors demonstrate whether the DNO had good faith; these are affirmative, mitigating factors. Either these factors substantiate good faith, or they do not. If the DNO is successful under one of these factors, the DNO has made a demonstration of good faith. The opposite is not true. If the DNO is not successful under one of these factors, this does not establish anything about bad faith, and it does not establish anything about the TMO. The fact that the domain name in question is not the DNO's legal name does not mean that the DNO is engaged in bad faith; it simply means that this mitigating defense is not available to the DNO. Either these factors favor the DNO, or they do not; they never disfavor the DNO and they never favor the TMO.

Bad Bad Faith Factors

Likewise, the bad faith factors are negative factors. Either they substantiate bad faith, or not. The failure to be successful under a bad faith factor does not establish good faith. Likewise, demonstrating bad faith under one of these factors demonstrates something about the DNO, and says nothing about the TMO. Either these factors disfavor the DNO, or they do not; they do not favor the DNO and they do not favor the TMO.

The Bad Faith Factors themselves fall into two sub-groups. In enacting the ACPA, Congress was addressing two situations: cybersquatters who redirected domain names for nefarious purposes (pornography, fraud, crime) (Factor 5), and cybersquatters who held the domain name for ransom, attempt to extort the TMO (Factor 6). Cybersquatting is, by definition, either Factor 5 or Factor 6, or both (with discretion available for situations of unique circumstances that do not squarely fall within either, but are nevertheless nefarious). If you don’t have Factor 5 or 6, you don’t have cybersquatting (you may have something else, but its not cybersquatting). These are the two lynch pin factors upon which bad faith rests.

Factors 7, 8, and 9 are aggravating circumstances. As noted by Congress, each one of them, in and of themselves, is not a problem, and do not necessitate a violation under the ACPA. The fact that one might have inaccurate information in my domain name registration may be the result of a bookkeeping error; it may be that I am a dissident trying to keep privacy. It does not mean that one is involved cybersquatting. Likewise, registering multiple domains is not itself problematic. Corporations will generally register multiple domains for every business plan and product line they have. Governments have warehouses of domain names. The aggravating circumstances factors amplify the problematic activity of Factors 5 and 6. When misinformation in the registration is tied to Factor 6 extortion, that is greater evidence of a problem and what the appropriate remedy ought be. When one competitor has registered 100 domain names, all like the other competitor's trademark, and is redirecting traffic, that is aggravating evidence of a problem. When the domain name in question is famous, it is also greater evidence of nefarious activity. Factors 7, 8, and 9 are not necessary to an ACPA cause of action. However, where they exist, they provide greater evidence concerning the degree of nefarious activity and what the appropriate remedy ought be.

The courts have been grinding through the nine factors, allotting points for one party or the other, making no differentiation between the Good Faith Factors and the Bad Faith Factors, and making no note of the lynch-pin factors #5 & #6, and the mitigating or aggravating factors. In the end, the courts tally up the points and the party with the highest score always wins (sometimes going through contortions in order to ensure that the “proper” party wins). The scorecard used by the courts generally looks like this:

Bad Faith Factor Scorecard	TMO	DNO
F1: Trademark of DNO in Domain Name	-	-
F2: Legal name of DNO as Domain Name	-	-
F3: Prior use by DNO of Domain Name	-	-
F4: Fair use by DNO of Domain Name	-	-
F5: Intent to Divert Traffic	-	-
F6: Internet to Profit Through Sale of Domain Name	-	-
F7: Misinformation in Registration	-	-
F8: Multiple Domain Name Registrations	-	-
F9: Famous Tradmark of TMO	-	-
Tally Score:	0	0

The scorecard should actually look more like this, with all points going either for or against the DNO, and no points going to the TMO:

Good Faith Factors (mitigating circumstances, optional)				Bad Faith Factors
				Cybersquatting (required)		Aggravating Circumstances (optional)
F1 DNO Trademark in Domain Name	F2 DNO Legal Name	F3 DNO Prior Use	F4 DNO Fair Use	F5 Intent to Divert	F6 Extortion	F7 Misleading Registration	F8 Multiple Domain Names	F9 Famous TMO Mark
If F5 or F6 is present, then the presence of F1 through F4 make a finding of bad faith less likely				At least one Cybersquatting Factor must be present*		If F5 or F6 is present, then the presence of F7 through F9 make a finding of bad faith more likely

What difference does it make? We will in coming posts observe a small collection of cases, at the fringe of the map, navigating turbulent waters with an unsure judge captaining the ship.  In these cases, using the right score cards means the difference between finding Davey Jones' Treasure, and battening down the hatches.

Next: 67 Cases

2.6 :: Recalculating :: Ex Honcho Slams :: #RescueDogsSuperBowlCommercials :: Whose Watch Those Who Watch Us? OH! Its Anonymous! ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
We cross our bridges when we come to them and burn them behind us,
with nothing to show for our progress except a memory of the smell of
smoke, and a presumption that once our eyes watered. - Tom Stoppard

Understanding Maps at the Federal Communications Commission, FCC
Last October, the FCC quietly deployed a new section to fcc.gov. The
section, http://www.fcc.gov/maps, translates complex policy into
understandable stories for consumers. Our maps are a fresh approach
to internet mapping and help to advance our goal of open government.
Here's a little insight to the why and how are doing this...
http://www.fcc.gov/blog/understanding-maps-federal-communications-commission

Is Google asking the FCC to allow gigabit Wi-Fi for its gigabit network?, Gigaom
Google's Fiber organization is asking the FCC for the ability to test
a residential gateway that has Wi-Fi and Bluetooth. It's likely Google
is asking the FCC for an experimental licence to test upcoming
802.11ac gigabit Wi-Fi technology inside residential gateways.
http://feedproxy.google.com/~r/OmMalik/~3/QNe512GTI-E/

Ex-FCC honcho Hundt slams House spectrum bill, FierceBroadband
Former Federal Communications Commission Chairman Reed Hundt last week
voiced strong opposition of spectrum legislation circulating in the
U.S. House of Representatives. Network World has an insightful
interview Hundt that delves further into his position. He clearly
outlines his reasons for opposing the legislation, discusses why a
Senate bill might do a better job of addressing the situation
and-we're pretty sure on this
http://www.fiercebroadbandwireless.com/story/ex-fcc-honcho-hundt-slams-house-spectrum-bill/2012-02-05?utm_medium=rss&utm_source=rss

AT&T Response to Former FCC Chair's Remarks on Spectrum Auctions, AT&T
Jim Cicconi, AT&T Senior Executive Vice President of External &
Legislative Affairs, responds to comments made by former FCC Chairman
Reed Hundt regarding spectrum auctions:
http://attpublicpolicy.com/wireless/att-response-to-former-fcc-chairs-remarks-on-spectrum-auctions/

Cracks in the Armor?: The Future of the Communications Decency Act and
Potential Challenges to the Protections of Section 230 to Gossip Web
Sites by Michael Burke, BU J Sci & Tech
Juicy Campus was founded on August 1, 2007.2 The website claimed to
have "the simple mission of enabling online anonymous free speech on
college campuses."3 College student Jane Smith, whose name has been
changed to
http://www.bu.edu/law/central/jd/organizations/journals/scitech/volume172/documents/Burke_Web.pdf

comScore Reports $50 Billion in Q4 2011 U.S. Retail E-Commerce
Spending, Up 14 Percent vs. Year Ago, comScore
Q4 2011 U.S. retail e-commerce sales estimates, which showed that
online retail spending reached $49.7 billion for the quarter, up 14
percent versus year ago. This growth rate represented the ninth
consecutive quarter of positive year-over-year growth and fifth
consecutive quarter of double-digit growth rates. For the entire 2011
year, U.S.
http://feedproxy.google.com/~r/comscore/~3/03Zr_jaFIz8/comScore_Reports_Q4_2011_U.S._Retail_E-Commerce_Spending

VeriSign Hit Repeatedly By Hackers...In 2010, Forbes
The company responsible for delivering people safely to more than half
the world's websites turns out to have some pretty glaring security
holes itself. VeriSign has been hacked repeatedly by hackers who made
off with data that the internet infrastructure company has not
disclosed.
http://www.forbes.com/sites/erikkain/2012/02/02/verisign-hit-repeatedly-by-hackers-in-2010/

Verisign Statement on 2010 Security Breach, Verisign
As disclosed in an SEC filing in October 2011, parts of Verisign's
non-production corporate network were penetrated. After a thorough
analysis of the attacks, Verisign stated in 2011, and reaffirms, that
we do not believe that the operational integrity of the Domain Name
System (DNS) was compromised.
https://press.verisign.com/easyir/customrel.do?easyirid=AFC0FF0DB5C560D3&version=live&prid=847869&releasejsp=custom_97

FCC Chairman: Digital Textbooks to All Students in Five Years, FCC
Wednesday, at the first-ever Digital Learning Day Town Hall in
Washington, DC, FCC Chairman Genachowski and Secretary of Education
Duncan challenged states and the education and technology industries
to get digital textbooks into the hands of all students in five years.
Barriers to
http://www.fcc.gov/blog/fcc-chairman-digital-textbooks-all-students-five-years

A New Question of Internet Freedom, NYT
European activists are hoping to stop the international
Anti-Counterfeiting Trade Agreement, which they say will erode
Internet freedom and stifle innovation.
http://feeds.nytimes.com/click.phdo?i=34ee140bb3d0fd8c4b253da881c1441e

Feds seize illegal sports-streaming sites, CNET
Just in time for Super Bowl Sunday, the federal agents announce they
have seized and shuttered 307 Web sites that either live-streamed
sports or sold fake NFL paraphernalia.
http://feedproxy.google.com/~r/cnet/tcoc/~3/MX18e9ugZUo/

ACTA Protests Escalate Throughout Europe, Geist
AccessNow is maintaining an excellent map of the protests planned
across the continent on February 11th, which has been designated an
international day of action against ACTA. The issue has attracted
mainstream media attention (eg. New York Times) and questions emerge
about the likelihood the treaty will receive the necessary approvals
for ratification.
http://feedproxy.google.com/~r/MichaelGeistsBlog/~3/bx3qnL7ZpIY/

From Manning To Madonna: NBC's Super Bowl XLVI Blasts Social TV Record
[Infographics], Forbes
Bluefin Labs, which tracks social buzz for television, has just sent
over the data collected from last night's Super Bowl on NBC. One word
will suffice: Giant.
http://www.forbes.com/sites/michaelhumphrey/2012/02/06/from-manning-to-madonna-nbcs-super-bowl-xlvi-blasts-social-tv-record-infographics/

Verizon, Redbox Plan Online Video Service, WSJ
Telecom company Verizon Communications and Redbox video-kiosk owner
Coinstar said Monday they will launch an online service in the second
half of the year featuring streaming videos and downloads.
http://online.wsj.com/article/SB10001424052970204369404577206851008245274.html?mod=rss_Technology

Tom Brady: I watched last year's Super Bowl on illegal site, CNET
In a news conference, the New England quarterback mentions that while
rehabbing last year in Costa Rica, he watched the big game on an
illegal site. Is this the final validation for piracy?
http://feedproxy.google.com/~r/cnet/tcoc/~3/w5BH3qYJpdM/

Towards a Brighter Fourth Amendment: Privacy and Technological Change
by Joshua S. Levy, VA JL&Tech
This Article seeks to solve the problem of technological change
eroding privacy by developing a framework of bright-line Fourth
Amendment rules. As technologies such as the Internet become
increasingly important in our daily lives, we come to expect less
privacy. The Fourth Amendment, which protects
http://www.vjolt.net/vol16/issue4/v16i4_499-Levy.pdf

Why most Facebook users get more than they give, Pew
The effect of Facebook 'power users' on everybody else
http://pewinternet.org/Press-Releases/2012/Facebook-users.aspx

Panel Approves Cybersecurity Act, Daily Dashboard
A House panel approved legislation this week that would require "the
most privately operated national critical infrastructure to adopt
information security standards to safeguard their IT systems and
networks," BankInfoSecurity reports. The Promoting and Enhancing
Cybersecurity and Information Sharing Effectiveness, or "Precise" Act,
would authorize the Department of Homeland Security to coordinate
security efforts across
https://www.privacyassociation.org/publications/2012_02_03_panel_approves_cybersecurity_act/#When:16:50:05Z

Anonymous pokes fate bear, leaks FBI conference call about Anonymous,
Ars Technica
Anonymous has begun taunting its police pursuers in ever-more
aggressive ways, upping the ante today by releasing an internal FBI
conference call in which agents from across the country and police in
the UK share status updates on their investigations of the group—and
reveal that major new action is coming soon.
http://arstechnica.com/tech-policy/news/2012/02/pokes.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

Update on Kelihos Botnet and New Related Malware, Microsoft
There have been some recent confusing reports regarding whether the
Kelihos botnet, which Microsoft partnered with Kyrus Tech Inc. and
Kaspersky Lab to take down in September 2011, has been resurrected.
http://blogs.technet.com/b/microsoft_blog/archive/2012/02/03/update-on-kelihos-botnet-and-new-related-malware.aspx

F.B.I. Admits Hacker Group's Eavesdropping, NYT
The group known as Anonymous listened in on a call between the bureau,
Scotland Yard and other foreign police agencies about their joint
investigation of the group and its allies.
http://feeds.nytimes.com/click.phdo?i=e9f76d508a487aeb221b10ed1ecd6058

Communications & Technology Subcommittee Outlines Key Legislative
Priorities, House Commerce Committee
The Energy and Commerce Agenda: Supporting Job Creation, Standing Up
for Taxpayers, Protecting Families and Communities
http://republicans.energycommerce.house.gov/News/PRArticle.aspx?NewsID=9269

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

2112 :: Sorry :: Brink of Collapse :: Barbarians at the Gate :: Film v POTS :: Piracy is the New Radio :: Privacy is Twitter ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
sed quis custodiet ipsos custodes? - Juvenal AD c.60 - c.130

FCC apologizes to Sen. Grassley for 'McCarthyism' remark, The Hill
Zachary Katz, the new chief of staff for the Federal Communications
Commission (FCC), apologized to Sen. Chuck Grassley (R-Iowa) on
Tuesday after an agency official compared the senator to the
anti-communist former Sen. Joseph McCarthy.
http://thehill.com/blogs/hillicon-valley/technology/207771-fcc-apologizes-to-sen-grassley-for-mccarthy-comment

LightSquared: a stalled FCC approval process puts LTE network, Sprint
partnership on brink of collapse, The Verge
t turns out 30 extra days wasn't enough: despite the extension Sprint
granted LightSquared earlier this month, LightSquared remains
embroiled in a lengthy FCC approval process for its proposed wholesale
LTE network. Yet as it turns
http://www.theverge.com/2012/1/31/2762119/lightsquared-wholesale-lte-gps-interference-fcc-sprint

FCC Asks If You and GPS Should Be Protected from Interference, GPS World
"We invite comment on LightSquared's petition, and establish a
pleading cycle." Thus spake the Federal Communications Commission
(FCC), groping for a way forward in the ongoing LightSquared/GPS
conflict. The FCC has opened an Internet docket for public comment on
the LightSquared position that GPS users and receivers "do not merit
legal protection from interference"
http://www.gpsworld.com/GNSS%20System/news/fcc-asks-if-you-and-gps-should-be-protected-interference-12553

Presentation to FGCS on LightSquared Interference Testing
, GPS.gov
NOAA presentation on LightSquared testing
http://www.gps.gov/multimedia/presentations/2012/01/FGCS/

AT&T's Randall & Stankey: Wireless Data Growth Half The FCC
Prediction, CircleID
40%, not 92%-120%. "Data consumption right now is growing 40% a year,"
John Stankey of AT&T told investors and his CEO Randall Stephenson
confirmed on the investor call. That's far less than the 92% predicted
by Cisco's VNI model or the FCC's 120% to 2012 and 90% to 2013 figure
in the "spectrum crunch" analysis. AT&T is easily a third of the U.S.
mobile Internet and growing market share; there's
http://www.circleid.com/posts/20120131_att_randall_stankey_wireless_data_growth_half_the_fcc_prediction/

15 Years of Stopping the Barbarians at the Gate (Communications
Decency Act) #CDA15, Cybertelecom
Sen. James Exon Sixteen years ago today, Senator James Exon introduced
the Communications Decency Act. Also, during that same year, the
National Science Foundation completed the privitization of the NSFNET,
giving birth to the public Internet as we know it. Senator Exon stood
on the floor of the Senate, with a folder filled with assorted
undesirable content, and declared that we must
http://feedproxy.google.com/~r/CybertelecomBlog/~3/YE0zZkoouuM/15-years-of-stopping-barbarians-at-gate.html

Internet Traffic Continues to Skyrocket, USTelecom
Whether for work, learning, or play, the Internet has quickly become a
central part of our daily lives.
http://www.ustelecom.org/blog/internet-traffic-continues-skyrocket

OPEN DATA: THE INFRASTRUCTURE THAT CAN MAKE INNOVATION HAPPEN!,
European Network Foundation
Public sector information (PSI) is the single largest source of
information in Europe. It is produced and collected by public bodies
and includes digital maps, meteorological, legal, traffic, financial,
economic and cultural data. In a very short timeframe, the re-use of
Public Sector Information (PSI) - also known as ?open data? - has
become a high priority policy and economic issue in EU. It has become
essential to the information economy. The number of applications based
on the use of PSI is growing rapidly and the
http://www.eifonline.org/en/fiches/news/2012/12-01-24-open-data.cfm

AOL's fourth quarter lofts over profit forecast, CNET
The Internet company had better net income and revenue than analysts
expected. Ad revenue is up, but revenue overall declined.
http://feedproxy.google.com/~r/cnet/tcoc/~3/mdAhdPknCwc/

Internet Essentials Progress Report, Comcast
Almost six months ago, Comcast launched an ambitious broadband
adoption program, Internet Essentials, with a focus on closing the
digital divide and getting more low-income Americans connected to the
Internet. Today we are releasing a launch progress report that
highlights our successes and achievements and shares some of the
lessons we have learned and the new enhancements we will be making to
the program in the year ahead. You can find a copy of that report
here.
http://blog.comcast.com/2012/01/internet-essentials-progress-report.html

Google Responds to Privacy Questions from Congress, Forbes
Today I received an email from Jason Freidenfelds from Google's
Global Communications & Public Affairs department, directing my
attention to a letter sent to eight members of Congress who inquired
about Google's privacy policy changes. You can read it here.
http://www.forbes.com/sites/daviddisalvo/2012/01/31/google-responds-to-privacy-questions-from-congress/

Film vs POTS: A Kodak Moment, Level3
Kodak's bankruptcy got me thinking: In these final years of
circuit-switched telephone service, are there some lessons we can
learn from the world of film? What lessons can the world of
photography hold for telephony?
http://feedproxy.google.com/~r/BeyondBandwidth/~3/F-fsg63ra4c/

Washington CAN Get it When it Comes to the Internet - Here's How, Verizon
In "Why Doesn't Washington Understand the Internet?" (Washington Post,
Sunday, January 22, 2012), Rebecca MacKinnon documents how often
legislation fails to effectively address problems involving or
supposedly caused by the Internet and how often Congress considers or
enacts policy solutions that are rapidly outmoded by the continuing
innovation that is at the heart of the Internet's success.
http://policyblog.verizon.com/BlogPost/845/WashingtonCANGetitWhenitComestotheInternet-HeresHow.aspx

Verizon to cybersquatters: Get off our Verizon-like domains, CNET
Verizon is taking legal action against what it calls "serial
cybersquatters" exploiting Verizon-like domain names.
http://feedproxy.google.com/~r/cnet/tcoc/~3/DKVvGydPVYs/

OECD Insights: The Internet of Things, OECD
OECD Insights blog: The Internet of Things
http://www.oecd.org/topic/0,3699,en_2649_37441_1_1_1_1_37441,00.html?rssChId=37441#49515271

Censoring Twitter?, VOA
Twitter's New Policy And Debate About Online Speech
http://blogs.voanews.com/digital-frontiers/2012/01/31/censoring-twitter/

Neil Young is right — piracy is the new radio, Gigaom
As an artist who probably makes a substantial income from licensing
his music, you might think Neil Young would frown on piracy and
file-sharing, but that appears not to be the case, according to an
interview he gave at the Dive Into Media conference in Los Angeles.
Instead of railing against file-sharers, Young called piracy "the new
radio" because it's "how music gets around." The musician's comment
puts a lot of the hysteria about copyright infringement into
perspective — as we've pointed out before, file-sharing and
http://feedproxy.google.com/~r/OmMalik/~3/e2ZRy4CxpZ4/

Megaupload's hosting company teams up with EFF to identify legal
files, Ars Technica
Carpathia Hosting, the Virginia company that owns more than 600
servers previously leased by Megaupload, today joined forces with the
EFF to collect the stories of legitimate users who want access to
their now-inaccessible files stored with the defunct file-locker.
http://arstechnica.com/tech-policy/news/2012/01/megauploads-hosting-company-teams-up-with-eff-to-identify-legal-files.ars?utm_source=rss&utm_medium=rss&utm_campaign=rss

Amazon Sold, Uh, A Whole Bunch Of Kindles In Q4, Forbes
Aside from the weaker-than-expected Q4 revenues Amazon.com posted in
the fourth quarter, the company once again frustrated the Street with
its refusal to disclose certain key metrics
http://www.forbes.com/sites/ericsavitz/2012/01/31/amazon-sold-uh-a-whole-bunch-of-kindles-in-q4/

NIST Issues Finalized Guidelines for Managing Security & Privacy in
Public Cloud Computing, Info Law Group
Say what you will about the federal government, the Nat'l Institute of
Standards & Technology ("NIST"), part of the Department of Commerce,
has certainly been busy over the past year releasing numerous special
drafts and reports addressing cloud computing recommendations,
security and issues. [Full disclosure: I'm a member of several NIST
working groups, including one currently working on the NIST draft of
Challenging Security Requirements for US Government Cloud Computing
Adoption.]
http://feeds.lexblog.com/~r/InfoLawGroup/~3/UMxBAo8Gaeg/

Prof. Dave Farber on Where the Internet is Headed, CircleID
"Internet protocols simply aren't adequate for the changes in hardware
and network use that will come up in a decade or so," says Professor
Dave Farber who was recently interviewed by Andy Oram.
http://www.circleid.com/posts/20120131_prof_dave_farber_on_where_the_internet_is_headed/

Bert-Jaap Koops, Forgetting Footprints, Shunning Shadows: A Critical
Analysis of the 'Right to Be Forgotten' in Big Data Practice, SSRN
The so-called 'right to be forgotten' has been put firmly on the
agenda, both of academia and of policy. Although the idea is intuitive
and appealing, the legal form and practical implications of a right to
be forgotten have hardly been analyzed so far. This contribution aims
to critically assess what a right to be forgotten could or should
entail in practice. It outlines the current socio-
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1986719

Peter Swire, Social Networks, Privacy, and Freedom of Association:
Data Empowerment vs. Data Protection, SSRN
This article examines the tension between social networks as enablers
of political mobilization (sharing information is good) and as threats
to privacy (sharing information is bad). A central theme is that
social networks are platforms to create associations. Linguistically,
"networks" and "associations" are close synonyms; they both depend on
"links" and "relationships." This article introduces the idea that
limits on such networks can deeply implicate the freedom of
association.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1989516

On the radio: Mobile devices and the Fourth Amendment, Internet Cases
We talked about the Fourth Amendment and, more specifically, the
exceptions to the warrant requirement for searches made incident to
lawful arrests. Some courts have given special treatment to mobile
devices when considering whether the information contained on them may
be searched without a warrant, because of the vast amounts of personal
information that is present.
http://blog.internetcases.com/2012/01/31/fourth-amendment-privacy-cell-phone-mobile-device-digital-camera/

What The FBI Wants In A Social Media Monitoring App, NPR
The FBI raised eyebrows last week with a document that details plans
for a map-based app that would help the agency gather intelligence
from sources like Facebook and Twitter. Translating tweets and
developing "a dictionary of 'tweet' lingo" are among the app's desired
functionalities.
http://www.npr.org/blogs/alltechconsidered/2012/01/30/146090425/what-the-fbi-wants-in-a-social-media-monitoring-app?ft=1&f=1019

Tech Companies Combat Email Scams, USTelecom
A group of companies are developing a new system that may put a huge
dent into email scams, otherwise known as 'Phishing."
http://www.ustelecom.org/blog/tech-companies-combat-email-scams

NATOA Sends Letter Opposing GA Senate Bill 313 - Broadband Investment
Equity Act, NATOA
On January 31st, NATOA sent a letter to all members of the Georgia
Senate Regulated Industries and Utilities Committee opposing Senate
Bill 313, the Broadband Investment Equity Act. The legislation, if
enacted, would severely hamper the efforts of local governments...
http://feedproxy.google.com/~r/natoa-news/~3/HOyHqZ-DKFI/natoa-sends-letter-opposing-ga.html

FCC Approves Changes to Phone-Subsidy Program, WSJ
The FCC approved changes to a federal phone subsidy program for
low-income Americans to help them afford broadband service.
http://online.wsj.com/article/SB10001424052970204740904577195224260128092.html?mod=rss_Technology

FCC overhauls telephone subsidy for the poor, adding broadband, CW
The U.S. Federal Communications Commission has approved an overhaul to
its Lifeline program, which subsidizes telephone service for poor
people, with the goals of saving money and allowing the subsidy to go
toward broadband service.
http://rss.computerworld.com/~r/computerworld/news/feed/~3/ToYZX_MsxbU/FCC_overhauls_telephone_subsidy_for_the_poor_adding_broadband

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

15 Years of Stopping the Barbarians at the Gate (Communications Decency Act) #CDA15

Sen. James Exon

Sixteen years ago today, Senator James Exon introduced the Communications Decency Act. Also, during that same year, the National Science Foundation completed the privitization of the NSFNET, giving birth to the public Internet as we know it.

Senator Exon stood on the floor of the Senate, with a folder filled with assorted undesirable content, and declared that we must stop the barbarians at the gate. At that time, most members of Congress had never been online, didnt know what the World Wide Web was, and could not spell "Internet" (of course, there were a few who did understand the potential of the Internet and championed it). For Congress, the equation was simple: whatever this Internet thing was, no Member of Congress was going to be seen as soft on pornography.

The Communications Decency Act was passed in 1996 as an amendment to the Telecommunications Act (the only reference to the Internet in that historic legislation).  It was quickly challenged by the ACLU, struck down by a trial court, and (thanks to expedited review), quickly struck down by a unanimous Supreme Court. 

It's been 15 years since the CDA was passed. What has transpired?  Today, Cybertelecom will recount that 15 year history in a series of tweets - it will take most of the day.  Below is an unabridged version of those tweets:

• 1995: Sen. Exon introduces the Communications Decency Act (CDA): "The information superhighway should not become a red light district."
• 1996: CDA passed as amendment to the Telecom Act, along with the Family Empowerment Act (Sec. 230) ("the greatest Internet law ever")
• 1997: CDA @ SCOTUS: unconstitutional "As the most participatory form of mass speech yet developed, the Internet deserves the highest protection from governmental intrusion."
• 1997: COPA: Not to be outdone by a unanimous SCOTUS, Sen. Dan Coats introduces the Son-of-CDA, the Children's Online Protection Act
• 1998: COPA is enacted into law, challenged by the ACLU, and declared unconstitutional by Fed. District Court: term "indecency" is vague bc you cant determine *local* community standards on global Internet
• 1998: Child Protection & Sexual Predator Punishment Act: requires ISPs to report child pornography to NCMEC
• 1998: Child Online Privacy Protection Act (COPPA not COPA): born out of abusive sites that give kids 5 points if they play game, 500 points if they give mommy & daddy's name, address, and salaries
• 2000: Children's Internet Protection Act (CIPA) conditions receipt of erate funding for tech in schools & libraries on having an Internet Safety policy in place 
• 2000: COPA Commission Report:  Concludes best responses to concern over children's exposure to offensive content is family education and involvement (not law nor technology).
• 2002: Dot Kids Implementation and Efficiency Act: creates sparsely used .kids.us  domain name space
• 2002: National Academies Report: Youth, Pornography & Internet: Concludes we can put locks and chains around swimming pools; or we can teach children how to swim.
• 2002: COPA @ SCOTUS, rejects lower court finding that you cant determine local community standards online - "sure you can" says SCOTUS, but neglects to provide guidance on how. 
• 2003: Truth in Domain Name Act prohibits use of deceitful domain names for purpose of attracting surfers to pornographic websites
• 2003: COPA @ Appellate Court, declares COPA unconsti for 2nd time: parental use of filtering technology is the least restrictive means of achieving government interests
• 2003: CIPA @ SCOTUS affirmed: "When Government appropriates public funds to establish a program, it is entitled to broadly define that program's limits." 
• 2003: CIPA Report: "currently available parental control technology measures have the capacity to meet most, if not all, of online safety needs and concerns."
• 2004: COPA @ SCOTUS affirms Appellate Court conclusion that filtering technology is likely the least restrictive means of protecting children; remands to trial court for fact finding.
• 2005: Pub.Law. 108-447 requires Inventory of Federally Funded Internet Safety Programs for youth and to describe each program's purpose and scope
• 2006: Adam Walsh Act - made it illegal to knowingly embed words or digital images into the source code of a website with the intent to deceive a person into viewing material constituting obscenity or, for minors, material harmful to minors - and created state public online databases of sex offenders
• 2007: COPA @ trail Court: finally holds trail on facts, concludes COPA is not least restrictive means (parental control technology is better) and COPA is vague.
• 2007: Child Safe Viewing Act: proposes using closed captioning to mute offensive words on TV and Internet - requires report from FCC
• 2008 KIDS Act Required convicted sex offenders to register online identifiers
• 2008: COPA @ Appellate Court: Declares COPA Unconti for 3rd time: "It is apparent that COPA, like the CDA before it, 'effectively suppresses a large amount of speech that adults have a constitutional right to receive and to address to one another,'... and thus is overbroad. For this reason, COPA violates the First Amendment."
• 2008: Sen. McCain SAFE ACT old requirement for ISPs to report child pornography replaced with new requirement that ISPs report child pornography
• 2008: Broadband Improvement Act - promotes OnGuard Online - creates the Online Safety and Technology Working Group - requires CIPA online safety education
• 2008: UK Safer Children in a Digital World Report by Tanya Byron, who keeps saying that we are raising our children in captivity
  
• 2009: COPA @ SCOTUS, cert. denied - after 10+ years painful & expensive litigation, draining resources that could have helped kids be safe online, COPA is dead.
• 2010: Online Safety and Technology Working Group Report (OSTWG) - recommends digital media literacy education 
• 2010: FCC Broadband Plan recommends "The federal government should create an interagency working group to coordinate child online safety and literacy work, facilitate information sharing, ensure consistent messaging and outreach and evaluate the effectiveness of governmental efforts."

15 years, most of it tangled in COPA litigation, what have we learned? In some ways, we keep revisited the lessons offered in the very first court case - but which seem to keep eluding us:

It is no exaggeration to conclude that the Internet has achieved, and continues to achieve, the most participatory marketplace of mass speech that this country -- and indeed the world -- has yet seen. The plaintiffs in these actions correctly describe the "democratizing” effects of Internet communication: individual citizens of limited means can speak to a worldwide audience on issues of concern to them. Federalists and Anti-Federalists may debate the structure of their government nightly, but these debates occur in newsgroups or chat rooms rather than in pamphlets. Modern-day Luthers still post their theses, but to electronic bulletin boards rather than the door of the Wittenberg Schlosskirche. More mundane (but from a constitutional perspective, equally important) dialogue occurs between aspiring artists, or French cooks, or dog lovers, or fly fishermen. . . . [T]he Internet may fairly be regarded as a never-ending worldwide conversation. The Government may not, through the CDA, interrupt that conversation. As the most participatory form of mass speech yet developed, the Internet deserves the highest protection from governmental intrusion. -- ACLU v. Reno , 929 F.Supp. 825 (ED.Pa. 1996), aff'd, 521 U.S. 844 (1997).

 As the National Academies of Science stated

There is no single or simple answer to controlling the access of minors to inappropriate material on the Web. To date, most of the efforts to protect children from inappropriate sexually explicit material on the Internet have focused on technology-based tools such as filters and legal prohibitions or regulation. But the committee believes that neither technology nor policy can provide a complete - or even a nearly complete - solution. While both technology and public policy have important roles to play, social and education strategies to develop in minors an ethic of responsible choice and the skills to effectuate these choices and to cope with exposure are foundational to protecting children from negative effect that may result from exposure to inappropriate material or experiences in the Internet.

Every day presents a teaching moment. If we get it right, we can empower our children with strong online skills and digital literacy.

FCC RFC Lightsquared Petition for Declaratory Ruling - Comments Due Feb. 27

FCC Public Notice:  "On December 20, 2011, LightSquared Inc. (LightSquared) filed a Petition for Declaratory Ruling (Petition), requesting that the Commission “resolve the regulatory status” of commercial Global Positioning System (GPS) receivers, to the extent their operations may be impaired by the ancillary terrestrial component (ATC) of LightSquared’s licensed operations in the 1524-1559 MHz Mobile-Satellite Service (MSS) band.1 To this end, LightSquared requests specific declarations designed to establish that commercial GPS devices are not entitled to interference protection from LightSquared’s operations, so long as LightSquared operates within the technical parameters prescribed by rule and Commission Order. Pursuant to Rule 1.2(b), we invite comment on LightSquared’s petition, and establish a pleading cycle. 

"On January 26, 2011, the International Bureau granted LightSquared Subsidiary LLC (a subsidiary of LightSquared Inc., hereinafter also referred to as LightSquared) a conditional waiver of the ATC “integrated service” rule, thereby establishing certain conditions that LightSquared must meet before it can provide the terrestrial portion of service contemplated by its proposed integrated satellite and terrestrial 4G wireless network.3 The Conditional Waiver Order prescribed an Interference-Resolution Process by which LightSquared would work with the GPS community to resolve concerns raised about potential interference to GPS receivers and devices that might result from LightSquared’s planned terrestrial operations. As a condition of commencing such commercial operations, the Conditional Waiver Order required that this process first be “completed,” a term defined as the point at which “the Commission, after consultation with NTIA, concludes that the harmful interference concerns have been resolved and sends a letter to LightSquared stating that the process is complete.”

"To date, the Interference-Resolution Process has not been completed. Although LightSquared submitted, as a required step in the Process, the final report of the technical working group that it co-chaired with the U.S. GPS Industry Council (USGIC), the Commission issued a Public Notice calling for public comment on the report5 and has since asked for additional technical submissions and testing. In reply comments filed in connection with the Public Notice, LightSquared raised a full range of issues regarding the scope of interference protection to which GPS receivers are entitled.


"Separately, in the Report and Order in ET Docket No. 10-142, which focused on the addition of terrestrial service allocations to the 2 GHz MSS band, the Commission briefly discussed the Conditional Waiver Order and the Interference-Resolution Process.7 The U.S. GPS Industry Council (USGIC) filed a petition for reconsideration in that docket, requesting a statement from the Commission that the GPS community is not required to share responsibility for resolving interference issues with MSS ATC providers like LightSquared.8 The USGIC Recon Petition, which is pending, contends that MSS licensees providing ATC service are required to protect GPS receivers from interference caused by such terrestrial operations, and that the Commission has placed the obligation to resolve harmful interference on those MSS licensees.9 LightSquared opposed the USGIC Recon Petition, raising many of the same arguments contained in its Petition for Declaratory Ruling.10 

"On December 23, 2011, the Financial Services and General Government Appropriations Act, 2012 (2012 General Government Appropriations Act) was enacted into law as part of the Consolidated Appropriations Act, 2012.11 Section 628 of the 2012 General Government Appropriations Act prohibits the Commission from using any funds made available by that Act “to remove the conditions imposed on commercial terrestrial operations in the Order and Authorization adopted by the Commission on January 26, 2011 (DA 11-133) [i.e., the Conditional Waiver Order], or otherwise permit such operations, until the Commission has resolved concerns of potential widespread harmful interference by such commercial terrestrial operations to commercially available Global Positioning System devices.”

"In the instant Petition, LightSquared in essence seeks a declaratory ruling that, provided ATC operations are conducted in accordance within the Commission’s technical parameters, commercially available GPS devices are not protected against harmful interference caused by those ATC operations. Section 628 of the 2012 General Government Appropriations Act bears on this issue as it relates to LightSquared, inasmuch as it precludes the Commission from permitting LightSquared to engage in such ATC operations under the Conditional Waiver Order until we have resolved concerns about interference to GPS. Further, because we believe the ongoing Interference-Resolution Process provides the most appropriate forum for considering LightSquared’s satisfaction of the interference-resolution conditions of the Conditional Waiver Order, we associate LightSquared’s Petition with the docket established by the Commission for petitions for reconsideration of the Conditional Waiver Order, IB Docket No. 11-109. To the extent the Petition raises general issues about the regulatory status of GPS devices, these issues will be considered in ET Docket No. 10-142. 

"Accordingly, interested parties are invited to file comments in response to LightSquared’s petition for declaratory ruling in IB Docket No. 11-109 or ET Docket No. 10-142, as appropriate, no later than 30 days after the release date of this public notice. Parties may file replies in response to those comments in IB Docket No. 11-109 or ET Docket No. 10-142, as appropriate, no later than 15 days after the date that comments are due. 

"This proceeding shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission’s ex parte rules.13 Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter’s written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules. 

Action by the Chief, International Bureau.

- FCC-

DA 12-103 January 27, 2012

INTERNATIONAL BUREAU ESTABLISHES PLEADING CYCLE FOR LIGHTSQUARED PETITION FOR DECLARATORY RULING

IB Docket No. 11-109 ET Docket No. 10-142

Comment Date: February 27, 2012 Reply Comment Date: March 13, 2012

Released:  01/27/2012.  INTERNATIONAL BUREAU ESTABLISHES PLEADING CYCLE FOR LIGHTSQUARED PETITION FOR DECLARATORY RULING. (DA No.  12-103). (Dkt No 10-142 11-109 ).  IB  http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-103A1.doc
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-103A1.pdf
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-103A1.txt

SEE FCC Lightsquared FOIA Page

1.27 :: Waiting :: Rigged :: Demands :: Day of Reckoning :: iDead :: Blasts the BureauCrats in Capital City :: Blame it on the Internet ::

============================================
CyberTelecom News
Federal Internet Law and Policy
============================================
I know not with what weapons World War III will be fought, but World
War IV will be fought with sticks and stones. --Albert Einstein

If You're Waiting on FiOS, You Could Be Waiting a While - 30% of
Verizon Customers May Wait Years for Upgrades, DSLReports
We've noted often how with the exception of a few major existing
franchise obligations, Verizon's FiOS upgrades are essentially over.
That means around 40% of Verizon's broadband customers on slower DSL
and in a lot of major cities (Boston, Baltimore, Buffalo) are still
waiting for next-generation upgrades. The company is now focused on
far more profitable wireless ventures (read: no unions, no pensions),
and if you're
http://www.dslreports.com/shownews/If-Youre-Waiting-on-FiOS-You-Could-Be-Waiting-a-While-118039

LightSquared: Interference tests were rigged, Politico
The GPS industry rigged the testing of LightSquared's wireless network
in an attempt to stymie the broadband startup, an executive claimed
Wednesday.
http://www.politico.com/news/stories/0112/72008.html

Sen. Grassley demands meeting with FCC aide, thehill
Sen. Chuck Grassley (R-Iowa) has demanded to meet with a senior aide
at the Federal Communications Commission (FCC) to discuss troubled
wireless company LightSquared. In a letter to FCC Chairman Julius
Genachowski on Thursday, Grassley demanded to meet with Paul de Sa,
chief of the Office of Strategic Planning and Policy Analysis, before
he resigns his post next month.
http://thehill.com/blogs/hillicon-valley/technology/206843-sen-grassley-demands-meeting-with-fcc-aide

LightSquared's Fate Could Be Decided Within Weeks, Here's What's At
Stake, Business Insider
It may soon be the day of reckoning for Phil Falcone's embattled
telecom venture LightSquared.
http://www.businessinsider.com/lightsquareds-fate-could-be-decided-within-weeks-heres-whats-at-stake-2012-1

LightSquared, Feds In New Round Over GPS, Aviation Week
LightSquared and the GPS industry continue their war of words over
potential interference between the planned broadband wireless network
and the position and timing signals from the U.S. government-owned
navigation-satellite constellation.
http://www.aviationweek.com/aw/generic/story_channel.jsp?channel=space&id=news/awst/2012/01/23/AW_01_23_2012_p34-415827.xml&headline=LightSquared,%20Feds%20In%20New%20Round%20Over%20GPS

FCC Handling of Falcone's LightSquared Faces House Hearing, Bloomberg
A U.S. House panel plans to examine the Federal Communications
Commission's handling of LightSquared Inc.'s proposed wireless
service, which has been stymied amid arguments about interference with
navigation gear.
http://news.businessweek.com/article.asp?documentKey=1376-LYD6506K50XY01-14JN7RO419TMHV9Q933GK7VR44

Ron Paul not allowed to find out who posted mean video about Jon
Huntsman on YouTube, Internet Cases
Ron Paul 2012 Presidential Campaign Committee, Inc. v. Does, 12-00240
(N.D. Cal. January 25, 2012)
http://blog.internetcases.com/2012/01/26/ron-paul-not-allowed-to-find-out-who-posted-mean-video-about-jon-huntsman-on-youtube/

Top 20 U.S. Web Properties: Google Surges Past Yahoo, Clickz
Amazon, Federated Media also see big gains in audience by year's end,
comScore Media Metrix reports.
http://feeds.clickz.com/~r/clickzstats/~3/7-I3-9_xNX8/web-properties-google-surges-past-yahoo

23 Died Building Your iWorld: Time to Boycott Apple?, Forbes
Image via Wikipedia If you add up all the workers who have died to
build your iPhone or iPad, the number is shockingly high. Apple
(AAPL), at $416 billion it's the world's most valuable tech company,
gets you to feel good about paying $600 for an iPad. And despite being
priced more than
http://www.forbes.com/sites/petercohan/2012/01/26/23-died-building-your-iworld-time-to-boycott-apple/

AT&T CEO blasts FCC bureaucrats for tanking its T-Mobile deal, CNET
CEO Randall Stephenson claims the federal agency is "picking winners
and losers" when it comes to which spectrum deals it will greenlight.
http://feedproxy.google.com/~r/cnet/tcoc/~3/tqySubVmYtQ/

AT&T punishes its customers for T-Mo merger's failure, Gigaom
Wondering why AT&T smartphone data rates just went up? Because the
operator was denied its acquisition of T-Mobile – at least that's what
AT&T CEO Randall Stephenson implied at AT&T's financial results call
on Thursday. AT&T seems awfully bitter about AT&T-Mo's failure, and
now it appears to be taking it out on its customers.
http://feedproxy.google.com/~r/OmMalik/~3/IHSdpfjlUUw/

AT&T loses whopping $6.7B on pensions, T-Mobile breakup, CNET
Carrier adds 717,000 new subscribers and activates 9.4 million
smartphones, but pays the price with increased subsidies.
http://feedproxy.google.com/~r/cnet/tcoc/~3/-DdC7bk1fmc/

AT&T Helps Educate Consumers on Dangers of Texting While Driving, AT&T
AT&T recently was a sponsor of the NBC4 Health & Fitness Expo in
Washington, DC., to help grow awareness of "It Can Wait," an AT&T
campaign dedicated to teaching consumers about the dangers of texting
and driving, a very relevant issue to our health and safety. Our
booth featured a texting while driving simulator, which demonstrated
even to the most seasoned driver how dangerous texting and driving can
be. Click
http://attpublicpolicy.com/wireless/att-helps-educate-consumers-on-dangers-of-texting-while-driving/

U.S. lawmakers press Google on privacy policy changes, Globe
Letter expresses concern that planned consolidation of user
information may make it more difficult for consumers to protect their
privacy
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/nvidY-p6GZ4/

Google's New Privacy Policy Will Allow Tracking Across Services, NPR
Critics say the new policy will open opportunities for hackers to
access vast personal data.
http://www.npr.org/blogs/thetwo-way/2012/01/25/145830858/googles-new-privacy-policy-will-allow-tracking-across-services?ft=1&f=1019

Tweets still must flow, Twitter
One year ago, we posted "The Tweets Must Flow," in which we said,
http://blog.twitter.com/2012/01/tweets-still-must-flow.html

Twitter 'can censor by country', BBC
Twitter says it now has the technology to censor tweets on a country
by country basis, as it continues to expand internationally.
http://www.bbc.co.uk/go/rss/int/news/-/news/world-us-canada-16753729

Twitter to censor tweets in individual countries, Globe
Decision likely to raise fears that Twitter's commitment to free
speech may be weakening
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/KmhuUv-21P4/

The ACTA Fight Returns: What Is at Stake and What You Can Do, Geist
The reverberations from the SOPA fight continue to be felt in the U.S.
(excellent analysis from Benkler and Downes) and elsewhere (mounting
Canadian concern that Bill C-11 could be amended to adopt SOPA-like
rules), but it is the Anti-Counterfeiting Trade Agreement that has
captured increasing attention this week. Several months after the
majority of ACTA participants signed the agreement, most European
Union countries
http://feedproxy.google.com/~r/MichaelGeistsBlog/~3/bVsdJjQqNA4/

How To Protest ACTA, Forbes
After the internet's successful protest of the Stop Online Piracy Act,
many of the same groups are now turning their attention to ACTA, the
Anti-Counterfeiting Trade Agreement, a European bill that could affect
essentially every country in the developed world. It looks like SOPA
in a lot of ways, except on a much grander scale , bypassing sovereign
governments and even affecting food patents.
http://www.forbes.com/sites/davidthier/2012/01/26/how-to-protest-acta/

'Jailbreaking' Exemption to DMCA Expires Soon - EFF Pushes to Ensure
Jailbreaking Remains Legal, DSLReports
As it stands, the often empowering act of jailbreaking your device
remains perfectly legal thanks to an exemption embedded in the DMCA.
In July of 2010 the government created an exemption, ruling that such
tinkering perfectly legal as long as the intent wasn't to bypass copy
protection. With the exemption set to expire, user uid://656685 writes
in to note the Electronic Freedom Foundation is waging a campaign to
convince the
http://www.dslreports.com/shownews/Jailbreaking-Exemption-to-DMCA-Expires-Soon-118062

Once More, With Feeling: It Wasn't Silicon Valley Or Google That
Stopped SOPA/PIPA, It Was The Internet, Techdirt
Over the last week, after SOPA and PIPA were put on life support,
we've noticed an incredibly tone deaf response from the supporters of
these bills, lashing out at the wrong parties and trying to figure out
where to place the blame. The usual target has been "the tech
industry," by which they usually mean "Google." That's why the MPAA's
Chris Dodd wants to sit down with "tech companies" at the White House
to discuss this. It's why
http://www.techdirt.com/articles/20120125/10521617539/once-more-with-feeling-it-wasnt-silicon-valley-google-that-stopped-sopapipa-it-was-internet.shtml

The Danger of Caricaturing Opposition to PIPA and SOPA, CDT
Last Friday, two days after the massive January 18th online strike
protesting PIPA and SOPA, CDT Senior Policy Counsel David Sohn
appeared on TechCrunch TV to debate Viacom General Counsel Michael
Fricklas in a segment entitled "Can SOPA Be Fixed Or Should It Stay
Dead?"
https://www.cdt.org/blogs/mark-stanley/261danger-caricaturing-opposition-pipa-and-sopa

There's No Fixing SOPA And PIPA; Time To Start Over, Forbes
Guest post written by Gigi B. Sohn
http://www.forbes.com/sites/ciocentral/2012/01/25/theres-no-fixing-sopa-and-pipa-time-to-start-over/

Bloggers and Shield Laws II: Now, You Can Worry, Citizens Media Law Project
A few weeks ago, I wrote that bloggers should not be too concerned
about a decision by a federal judge in Oregon that blogger Crystal Cox
is not protected by Oregon's reporters' shield law in a defamation
suit.
http://feedproxy.google.com/~r/CitizenMediaLawProject/~3/Wf0m7WYOv64/bloggers-and-shield-laws-ii-now-you-can-worry

Video: Netflix earnings beat estimates, Globe
BNN gets instant reaction to Netflix earnings with Barton Crockett,
Director&Senior Analyst, Media, Lazard Capital Markets.
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/TgLfi-bRpWM/

Department of Justice Misdirection on Cloud Computing and Privacy, EFF
Does using cloud computing services based in the United States create
a risk of US law enforcement access to people's data? The US
Department of Justice (DOJ) seems to be trying to placate
international concern by saying one thing in international fora; but
it says something quite different quite in the US courts.
https://www.eff.org/deeplinks/2012/01/cloud-computing-and-privacy-justice-dept-misdirection

Video: Google at your own risk, Globe
Google's revised privacy policy is raising new concerns about
consumers rights to their information on the Internet and other
connected products
http://feedproxy.google.com/~r/TheGlobeAndMail-Technology/~3/-CCrEFkzMBA/

Setting the record straight about our privacy policy changes, Google
A lot has been said about our new privacy policy. Some have praised us
for making our privacy policy easier to understand. Others have asked
questions, including members of Congress, and that's understandable
too. We look forward to answering those questions, and clearing up
some of the misconceptions about our privacy policies that first
appeared in the Washington Post.
http://feedproxy.google.com/~r/GooglePublicPolicyBlog/~3/14wzKOGf-04/setting-record-straight-about-our.html

NIST Issues Cloud Computing Guidelines for Managing Security and Privacy, NIST
The National Institute of Standards and Technology (NIST) has
finalized its first set of guidelines for managing security and
privacy issues in cloud computing.*Guidelines on Security and Privacy
in Public Cloud Computing (NIST Special ...
http://www.nist.gov/itl/csd/cloud-012412.cfm

#McDStories: When A Hashtag Becomes A Bashtag, Forbes
Here's a cautionary tale for the corporate social media consultants of
the world. Last week, McDonald's launched a Twitter campaign using the
hashtag #McDStories; it was hoping that the hashtag would inspire
heart-warming stories about Happy Meals. Instead, it attracted snarky
tweeps
http://www.forbes.com/sites/kashmirhill/2012/01/24/mcdstories-when-a-hashtag-becomes-a-bashtag/

DOJ Wants to Know Who's Rejecting Your Friend Requests, EFF
In the latest turn in our Freedom of Information Act (FOIA) lawsuit
for records related to the government's use of social networking
websites, the Department of Justice finally agreed to release almost
100 pages of new records. These include draft search warrants and
affidavits for Facebook and MySpace and several PowerPoint
presentations and articles on how to use social networking sites for
investigations. (For more on
https://www.eff.org/deeplinks/2012/01/doj-wants-know-who%E2%80%99s-rejecting-your-friend-requests

Disappointing Ruling in Compelled Laptop Decryption Case, EFF
A federal district court in Colorado has handed down an unfortunate
early ruling (pdf) in a case in which the government is attempting to
force a criminal defendant to decrypt the contents of a laptop.
https://www.eff.org/deeplinks/2012/01/disappointing-ruling-compelled-laptop-decryption-case

Encryption and the Fifth Amendment Right Against Self-Incrimination,
Volokh Conspiracy
I blogged a lot about this topic a few years ago when the Boucher case
was pending; although an appeal was filed in that case in the First
Circuit, the appeal was dropped so the appellate court never decided
it. In any event, several readers point me to a new decision on the
topic, United States v. Fricosu, out of the District of Colorado.
http://feedproxy.google.com/~r/volokh/mainfeed/~3/KP37sMYVkOA/

Call for cyberwar 'peacekeepers', BBC
Cyber-attack on our digital lives is a growing problem according to
the US Army's Cyber Command, which is recruiting "world class cyber
warriors".
http://news.bbc.co.uk/go/rss/int/news/-/2/hi/programmes/newsnight/9687338.stm

Attacks resume against US Department of Justice, Netcraft
The United States Department of Justice appears to be under attack for
the second time since the popular Megaupload file sharing site was
taken down. The group Anonymous appears to be carrying out this latest
attack in protest against the Anti-Counterfeiting Trade Agreement
(ACTA)
http://news.netcraft.com/archives/2012/01/25/attacks-resume-against-us-department-of-justice.html

Disable software, warns Symantec, BBC
Symantec advises customers to stop using its pcAnywhere program after
stolen source code exposes serious vulnerabilities.
http://www.bbc.co.uk/go/rss/int/news/-/news/technology-16740153

Georgia Wants to Be a Broadband Backwater - Yet Another Attack on
Community Broadband, DSLReports
You'll recall that last year, after four years of lobbying by Time
Warner Cable and CenturyLink, North Carolina passed a law seriously
restricting the right of local communities to wire themselves for
broadband -- even if local incumbents wouldn't. Neither Time Warner
Cable and CenturyLink are what you'd call aggressive when it comes to
upgrading last mile speeds, so the law made sure they wouldn't have to
worry about locals getting fed
http://www.dslreports.com/shownews/Georgia-Wants-to-Be-a-Broadband-Backwater-118051

Hawaii Legislature Weighs IP Tracking Bill, Daily Dashboard
CNET News reports on a Hawaiian bill introduced last week that would
require any company that "provides access to the Internet" to create
"virtual dossiers" of state residents. Introduced by Rep. John Mizuno
(D-Oahu), H.B. 2288 would mandate that providers track "Internet
destination history information" and "subscriber's
information"--including name and address--and retain the data for two
years. According to the report, the bill does
https://www.privacyassociation.org/publications/2012_01_26_hawaii_legislature_weighs_ip_tracking_bill/#When:17:54:06Z

Hawaiian Data Retention Bill Would Force Internet Companies to Spy on
Users' Browsing Habits, EFF
The bill has been tabled after being greeted by "vehement opposition."
https://www.eff.org/deeplinks/2012/01/hawaiian-data-retention-bill-would-force-internet-companies-spy-users%E2%80%99-browsing

Why Doesn't Washington Understand the Internet?, NAF
In late 2010, on the eve of the Arab Spring uprisings, a Tunisian
blogger asked Egyptian activist Alaa Abdel Fattah what democratic
nations should do to help cyber­activists in the Middle East. Abdel
Fattah, who had spent time in jail under Hosni Mubarak's regime,
argued that if Western
http://newamerica.net/publications/articles/2012/why_doesn_t_washington_understand_the_internet_62741

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