FTC Summer Research Fellow

Job Title:Research Fellow (Information Technology) - Fellowship Program (Summer)

Agency:Federal Trade Commission

Job Announcement Number:OTC-2014-0001

SALARY RANGE:	$14.74 to $21.44 / Per Hour
OPEN PERIOD:	Tuesday, April 15, 2014 to Friday, May 02, 2014
SERIES & GRADE:	GS-2299-04/05
POSITION INFORMATION:	Excepted Service - Summer - Temporary Appointment
PROMOTION POTENTIAL: 05
DUTY LOCATIONS:	FEW vacancies - District of Columbia, DC View Map
WHO MAY APPLY:	Current college students enrolled or accepted for enrollment in a graduate or undergraduate program, having at least a half-time course load at an accredited institution of higher education.
SECURITY CLEARANCE:	Public Trust - Background Investigation
SUPERVISORY STATUS:	No

JOB SUMMARY:

About the Agency

The Technology and Data Governance Research Fellowship Program is a 10-week program designed to give students (graduate and undergraduate) hands on experience with work relevant to the FTC by assisting with real-work exploratory projects.  Additionally, the FTC seeks to use this program to broaden its ability to understand and respond to current topics in technology.

TRAVEL REQUIRED

• Not Required

RELOCATION AUTHORIZED

• No

KEY REQUIREMENTS

• Recent transcripts
• Enrolled at least half-time at qualifying educational institution
• U.S. citizenship
• Relocation expenses will not be paid

---

DUTIES:

Back to top

As a Summer Research Fellow, you will assist in research experiments as assigned, including the design of experiments, data collection, data analysis, writing reports and presenting results.  Experiments may cover any area of technology or data related to the FTC, including but not limited to, mobile phones, web browsing, advertising, data security, financial products and services, and fraud.

---

QUALIFICATIONS REQUIRED:

Back to top

To qualify, you must meet the qualifications requirements by the closing date of this announcement. 

To qualify for this position at the GS-04 level, you must possess the following:

• Completion of 2 full academic years of post-high school study or an associate's degree.

To qualify for this position at the GS-05 level, you must possess the following:

• Completion of 4 academic years of post-high school leading to a bachelor's degree or equivalent degree.  If graduation from an undergraduate program is expected by Spring 2014, applicants must be accepted for enrollment to a graduate program and able to provide verification of this acceptance.  

In addition, applicants who have an interest in government, technology, and/or computer science and strong written and oral communication skills are highly desired.

 

Fellowship Program Requirements:

• Must be enrolled or accepted as a degree-seeking student.
• Must be enrolled or have been accepted for enrollment in an accredited school.
• Must be taking at least half-time academic course load.

To be eligible, you must be currently enrolled at least a half-time basis in an accredited college (including 4-year colleges/universities, community colleges, and junior colleges); professional, technical, vocational, and trade school; advanced degree programs; or other qualifying educational institution pursuing a qualifying degree or certificate. Certificate programs are defined as post-secondary education, in a qualifying educational institution, equivalent to at least one academic year of full-time study that is part of an accredited college-level, technical, trade, vocational, or business school curriculum.

Must maintain student eligibility and enrollment for the duration of the fellowship.  If graduation from an undergraduate program is expected by Spring 2014, must be accepted for enrollment to a graduate program and able to provide verification of this acceptance.  

Veterans' preference applies in the hiring process. In order to receive preference in hiring, you must clearly identify your claim for veterans' preference when you apply.

Unofficial transcripts will be accepted as part of your application package, however, if selected official transcripts must be submitted prior to establishing a start date.

All applications must be received on-line via www.usajobs.gov.

HOW YOU WILL BE EVALUATED:

Your application package (resume, supporting documents, and responses to the questionnaire) will be reviewed to verify that you meet the basic eligibility and qualification requirements.  Your responses to the questionnaire will be used to evaluate your relevant personal, educational, and work experiences.

Qualified applicants eligible for veteran's preference will be referred and considered ahead of non-veterans. Veterans' Preference:   Preference eligibles with a compensable service-connected disability of 10 percent or more (CPS, CP) are placed at the top of the referral list. XP and TP preference eligibles are placed above non-preference eligibles. For more information on entitlement go to: http://www.fedshirevets.gov/job/vetpref/index.aspx

You must maintain good academic standing, as defined by your school, generally at least a 2.0 Grade Point Average (GPA) for undergraduate programs (cumulative; no rounding) and a 3.0 GPA for advanced degree programs.

You must submit with your application a current academic transcript and/or other official documentation from your academic institution demonstrating your eligibility for appointment.

You must maintain student eligibility and enrollment for the duration of the internship. If you cannot, you are ineligible for this program. Please review the "QUALIFICATION REQUIRED" section of this vacancy announcement to ensure that you qualify for this internship.

In addition, the following documents are required:

• Cover Letter: Essay should be between 300-500 words in length explaining how this fellowship will complement your academic experience/goals.
• Current Resume
• Two letters of Recommendation
  

Event: Scenarios for the Future of Internet Governance

The Washington DC Chapter of the Internet Society (ISOC-DC) and the Institute for International Economic Policy, George Washington University invite you to attend:
 

Scenarios for the Future of Internet Governance

Wednesday, April 30, 2014 from 9:30 AM to 2:00 PM at The Commons, GWU, 1957 E Street, 6th floor, Washington DC.
 

Eventbrite registration required: https://internetscenarios.eventbrite.com

Click here to support ISOC-DC

The U.S. government's recent announcement that it intends to end its historic role in overseeing the central coordinating functions of the Internet has created uncertainty about the future of Internet governance. The outcome of discussions underway today will impact not only the Internet, but the future of international institutions.

Please join us and our distinguished panels for a vital discussion on the global challenges and opportunities involved in the future of Internet governance.

Panel 1: What is the IANA Function? What led to the US decision to reduce its role in IANA? What are the risks and opportunities associated with this fundamental change?

Fiona Alexander - Office of International Affairs, NTIA, US Department of Commerce

Richard Jimmerson - Chief Information Officer, ARIN

Steve DelBianco - Executive Director, NetChoice

Milton Mueller - Professor at Syracuse University School of Information Studies

Moderator - Tim Lordan - Executive Director, Internet Education Foundation

Panel 2: Possible scenarios for the future of the IANA functions - what are the implications for Internet governance?

Jamie Hedlund - Advisor to the President, ICANN

Raquel Gatto - Chapter Development Manager, the Americas, ISOC

Beatrice Covassi - Digital Agenda and ICT Counselor at EU Delegation to the United States

Derrick Cogburn - Associate Professor of International Relations at the School of International Service at American University

Becky Burr - Deputy General Counsel and Chief Privacy Officer at NeuStar, Inc.

Moderator - Roger Cochetti - Principal at RJC Associates

Coffee, refreshments, and lunch will be served

The Fight for Internet Freedom - A Talk with David Drummond (CIS Video)

NIST Computer Security Division has 3 upcoming events - mark your calendars

NIST Computer Security Division has announced three upcoming events. Mark your calendars! The NIST Computer Security Division is still planning to host more events and once the information becomes available to the general public, an email will be sent out to this mailing list.

1. Cryptographic Key Management Workshop 2014
March 4-5, 2014
NIST Gaithersburg, Maryland

For more information regarding the Cryptographic Key Management workshop, please visit the workshop’s webpage on the NIST Computer Security Division website:
http://www.nist.gov/itl/csd/ct/ckm_workshop2014.cfm

2. FISSEA 27th Annual Conference
March 18-20, 2014
NIST Gaithersburg, Maryland

For more information regarding the FISSEA Conference, please visit the FISSEA website on the NIST CSRC website at: http://csrc.nist.gov/fissea/

3. Privacy Engineering Workshop
April 9-10, 2014
NIST Gaithersburg, Maryland

For more information regarding the Privacy Engineering Workshop, please visit the workshop’s webpage for more information on the NIST Computer Security Division website:
http://www.nist.gov/itl/csd/privacy-engineering-workshop.cfm

THE FUTURE OF BROADBAND REGULATION

THE FUTURE OF BROADBAND REGULATION
A by-invitation experts’ workshop Organized by the Institute for Information Policy at Penn State University and co-sponsored by the Federal Communications Commission. To be held at the FCC in Washington, DC, May 28-30, 2014.

The U.S. National Broadband Plan envisions the transition of the U.S. telecommunications infrastructure to a ubiquitous IP-based broadband network. While there is a vibrant discussion of how best to manage the transition, there is only a nascent discussion of what the policy framework should look like after it is completed. What is the long-term outlook (beyond the transition and into the next decade) for the broadband ecosystem, and how will the regulatory system have to adapt to a changed environment?

Advances in infrastructure technology and applications have, and will likely continue to push at the boundaries of current regulatory frameworks for telecommunications, media, and even intellectual property rights The Institute for Information Policy at Penn State (IIP), in collaboration with the Federal Communications Commission (FCC), is pleased to announce this call for paper proposals addressing the multiple factors in thinking about regulation for post-transition broadband networks.

Authors of selected papers will be invited to present and discuss them during a 2-day by-invitation-only workshop designed to bring together up to a dozen experts to be held at the Federal Communications Commissions on May 28-30. The Workshop is designed to draw together the latest academic thinking on these questions and to give FCC staff the opportunity to suggest elements of a forward-looking research agenda that would contribute to the policy discourse around them. The workshop is part of a series of events focused on “Making Policy Research Accessible,” organized by the IIP, with the support of the Ford Foundation and the Media Democracy Fund. Presenters at the workshop will be invited to submit their completed papers to the Journal of Information Policy.

All disciplines are welcome. Invited topics of papers may include, but are not limited to:

* Will the dominant model for delivery of broadband services be fixed or mobile? How much competition will there be (especially wireline)? Will there be new technologies or entrants?
* What is the future of “over-the-top” content and CDNs?
* What will be the impact of the “internet of things”? What is its regulatory status?
* How is the “public interest” defined in the broadband ecosystem? What sorts of regulatory safeguards/interventions will be needed to advance the public interest?
* How do the FCC’s broadband promotion programs interact with efforts of other agencies, on both the demand and supply side?
* How should the concept of universal service evolve? What can the designers of universal service policies learn from efforts to stimulate demand for broadband?
* What are the implications for regulatory frameworks of technological and other changes in the broadband ecosystem?
* How should the division of labor between state and federal regulatory authorities change?
* Are there any regulatory challenges on the horizon that are not yet part of the mainstream broadband regulation debate?

Abstracts of up to 500 words and a short bio of the author(s) should be submitted to pennstateiip@psu.edu by March 15, 2014. Please write IIPFCCPOST: YOUR NAME in the subject line. Accepted presenters will be notified by March 31, 2014.

Verizon v. FCC - DC Cir - FCC's Open Internet Rules

Verizon v. FCC, DC Cir.

TATEL, Circuit Judge: For the second time in four years, we are confronted with a Federal Communications Commission effort to compel broadband providers to treat all Internet traffic the same regardless of source — or to require, as 4 it is popularly known, “net neutrality.” In Comcast Corp. v. FCC , 600 F.3d 642 (D.C. Cir. 2010), we held that the Commission had failed to cite any statutory authority that would justify its order compelling a broadband provider to adhere to open network management practices. After Comcast , the Commission issued the order challenged here — In re Preserving the Open Internet , 25 F.C.C.R. 17905 (2010) ( “the Open Internet Order” ) — which imposes disclosure, anti - blocking , and anti - discrimination requirements on broadband providers . As we explain in this opinion, the Commission has established that section 706 of the Telecommunications Act of 1996 vests it with affirmative authority to enact measures encouraging the deployment of broadband infrastructure. The Commission, we further hold , has reasonably interpreted section 706 to empower it to promulgate rules governing broadband providers’ treatment of Internet traffic , and its justification for the specific rules at issue here — that they will preserve and facilitate the “virtuous circle” of innovation that has driven the explosive growth of the Internet — is reasonable and supported by substantial evidence. That said, even though the Commission has general authority to regulate in this arena, it may not impose requirements that contravene express statutory mandates. Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such. Because the Commission has failed to establish that the anti - discrimination and anti - blocking rules do not impose per se common carrier obligations, we vacate those portions of the Open Internet Order.

CFP: Digital Divide Research Preconference at ICA 2014/Seattle Conference

Communication and "The Good Life" Around the World After Two Decades of the Digital Divide

Partnership for Progress on the Digital Divide (PPDD) Preconference
International Communication Association (ICA) 2014 Conference
Seattle, Washington, USA
Thursday, 22 May 2014
http://www.icahdq.org/conf/2014/aroundtheworldcfp.asp

Call for Participation

This interdisciplinary Preconference, sponsored by Partnership for Progress on the Digital Divide (PPDD) explores the nexus of the International Communication Association (ICA) Conference Theme of "The Good Life" and the issues of digital inclusion/exclusion for those who do not share the advantages of continuous connectivity.  The PPDD Preconference is co-sponsored by the ICA Communication and Technology Division, the ICA Communication Law and Policy Division, and the ICA Mass Communication Division.

2014 marks the 20th anniversary of the recognition of the digital divide through social scientific research.  As the Internet became commonplace in the 1990s, officials in the Clinton Administration wondered if there should be concern about equity of access to computers and the Information Superhighway.  As a result, based on the analysis of Census data about computer/modem ownership and usage collected in 1994, the newly created National Telecommunications and Information Administration (NTIA) prepared and released in 1995 the landmark report entitled "Falling Through the Net: A Survey of the 'Have Nots' in Rural and Urban America."  From there, the discussion of the inequalities of online access as a new aspect of the larger issues of wealth and poverty began and the "Digital Divide" became a major focus in countries around the world.

Recent research from scholars in, for example, the U.S., U.K., and Canada indicates that nearly 20 years later, even in the most highly developed countries around the world, as much as 20% of the population does not benefit from even minimal access to the Internet.  And, that lack of consistent, quality access to emergent communication technologies is antithetical to the nature of a "good life" amidst the transformative changes enjoyed by members of the wired population; those who are offline are alienated from the benefits of the "new opportunities to communicate and interact . . . new experiences, behaviors, and habits . . . [and the ability to] engage with others or receive information" suggested by the ICA Conference Theme.  Thus, this Preconference responds to ICA's call to consider "what a 'good life' might look like in a contemporary, digital, and networked society, and what new challenges we might face in attaining it" to
include all members of society.

In the search for equity in access to "the good life" in the digital age, scholarly research has played a key role in the public discourse on the issues of the digital divide as well as in the decision-making by policymakers and practitioners as they work to craft solutions to this pressing societal concern.  As the digital divide persists past its 20th anniversary, this Preconference provides an extended, in-depth opportunity to consider the current state and future possibilities for research that informs issues related to the digital divide around the world.  Further, the Preconference works to identify new areas of necessary, productive research focus to foster greater understanding and enlighten practice and policy going forward so that all global citizens can create their own "good life" in the digital, networked age.

After a brief welcome and summary introduction to the status of the digital divide around the world, the Preconference schedule features three 75-minute breakout time periods with multiple simultaneous sessions focusing on the status of communication, an inclusive "good life", and digital divide research in various regions of the world.  Involving scholars at all stages of their careers, these sessions will include research from any discipline and any theoretical and methodological approach that contributes to exploring the issues surrounding the digital divide.  In addition, there will be a luncheon keynote.

The final session of the Preconference is a highly interactive, lively brainstorming and collaborative thinking dialogue among all presenters and other attendees to create partnerships and inspire new ideas for the third decade of digital divide research.  All participants in the Preconference will have the opportunity to provide in advance position papers that will be made available prior to the Preconference and permanently archived via an e-book on the PPDD website.

Please join us to share your insights and expertise.

How to Participate

*** Submit an Abstract to Present Your Work During the Preconference
Deadline: 20 January 2014
Notification of Acceptance: 1 February 2014

Submissions are welcome from scholars at all stages of their careers, from any theoretical and methodological approach, and across multiple disciplines engaged in research that informs issues related to the digital divide, including, but not limited to:
- gaps in access and connectivity
- digital inclusion
- digital exclusion
- digital (dis)engagement
- challenges and opportunities
- social and cultural aspects of the divide
- the skills and digital/information literacy needed to interpret, understand, and navigate information presented online
- the impact of socioeconomic factors on user behavior
- the role of motivation
- differences in patterns of usage
- characteristics and conceptualizations of non-users
- how people use the Internet to create content
- different forms of capital and power relationships
- the impact of new and evolving technologies
- the mobile divide
- the interplay of influence with mobile technologies
- socioeconomic and cultural effects
- community informatics
- social informatics
- international development
- education
- health
- politics and civic engagement
- telecommunication policy
- the application of research to communities, practice, and public and private sector initiatives

If desired, each author may submit one sole authored work and one or more co-authored works, but each individual can only make one presentation at the Preconference so additional submissions would have to be presented by another member of the co-authorship team.

Please include the following information in your submission:
- Title of presentation
- Name(s), affiliation(s), and email address(es) of author(s)
- On co-authored submissions, the name, affiliation, and email address of the author who will be presenting the work at the Preconference
- A 1 page (250 words excluding notes and references) abstract in 12 pt. Times New Roman in Word doc/docx format
- For each author, a 100-word-maximum description of the author's area(s) of research interest related to the digital divide in 12 pt. Times New Roman in a separate Word doc/docx format file

Please email your submission to the appropriate Sessions Organizer below based on where your research was conducted:

Eastern and Western Europe
Sessions Organizer: Ellen Helsper, London School of Economics and Political Science
e.j.helsper (at) lse (dot) ac (dot) uk

Asia, Oceania, the Middle East, and Africa
Sessions Organizer: Gerard Goggin, University of Sydney
gerard.goggin (at) Sydney (dot) edu (dot) au

Canada
Sessions Organizer: Catherine Middleton, Ryerson University
catherine.middleton (at) Ryerson (dot) ca

United States
Sessions Organizer: Susan B. Kretchmer, Johns Hopkins University and Partnership for Progress on the Digital Divide
susankretchmer (at) yahoo (dot) com

Central and South America
Sessions Organizer: Laura Robinson, Santa Clara University
laura (at) laurarobinson (dot) org

*** If Not Submitting Work for Presentation, Chair a Session During the Preconference
Deadline: 20 January 2014
Notification of Acceptance: 1 February 2014

If you are not submitting your work for presentation but would like to Chair a session, please email your request to the Sessions Organizer for the region of major interest to you from the list above.  Please include your name, affiliation, and email address as well as a 100-word-maximum description of your area(s) of research interest related to the digital divide in 12 pt. Times New Roman in a Word doc/docx format file.

*** Submit a Position Paper for Inclusion in the Preconference E-Book
Deadline: 15 March 2014

Presenters, session Chairs, and all others who will be attending the Preconference are invited to submit to ebook@ppdd.org a 3-5 page (750-1250 words excluding notes and references) position paper, in 12 pt. Times New Roman in Word doc/docx format, discussing:
- Your vision for the future of digital divide research;
- Your thoughts on what questions need to be asked and what research methods and critical perspectives should be used to answer them; and
- How that research can impact policymaking, practice, and the attainment of a "good life" going forward in your unique region of the world as well as globally. 

If you will not be presenting your work or Chairing a session but will be attending the Preconference and submitting a position paper by the March 15 deadline, please email the Preconference Organizer, Susan Kretchmer (susankretchmer (at) yahoo (dot) com), by 20 January to indicate your intention so that we can anticipate your position paper and include you in all emailings of Preconference announcements.  In that email, please include your name, affiliation, and email address as well as a 100-word-maximum description of your area(s) of research interest related to the digital divide in 12 pt. Times New Roman in a Word doc/docx format file.

*** Join in the Dialogue at the Preconference Without Presenting, Chairing, or Submitting a Position Paper

If you would like to just attend the Preconference to join in the dialogue without any other involvement, please email the Preconference Organizer, Susan Kretchmer (susankretchmer (at) yahoo (dot) com), to indicate your intention so that we can include you in all emailings of Preconference announcements.

Please contact Susan (susankretchmer (at) yahoo (dot) com) for any other questions or further information.

About Partnership for Progress on the Digital Divide (PPDD) --

Continuing the work and collaborations that began under the auspices of the National Communication Association Task Force on the Digital Divide, and with former U.S. Assistant Secretary of Commerce Larry Irving as Honorary Director, PPDD is a not-for-profit organization that engages a broad diversity of individuals and organizations to spearhead a multi-associational, multi-disciplinary partnership between scholars, practitioners, and policymakers to make significant contributions in closing the digital divide and addressing the many other challenges and opportunities presented by the digital age.  PPDD reaches out beyond the communication discipline and academia to various other disciplines and groups in the U.S. and abroad who share interests, methods, and goals and want to work with PPDD to build on that common ground to find solutions to these pressing societal concerns.  For example, PPDD has been actively involved with government, policymakers, and
practitioners across a broad range, including submitting a "friend-of-the-court" brief to the U.S. Supreme Court to counsel on a recent case of major import for Americans' access to the Internet in public libraries and advising the U.S. Federal Communications Commission (FCC) as it developed and now implements the National Broadband Plan mandated by Congress.

About the International Communication Association (ICA) --

ICA is an academic association for scholars interested in the study, teaching, and application of all aspects of human and mediated communication and is a truly international association with more than 4,800 members in 77 countries.  Since 2003, ICA has been officially associated with the United Nations as a non-governmental association (NGO).

Further information about ICA is available at http://www.icahdq.org/ and complete details about ICA's 64th Annual Conference in Seattle, 22-26 May 2014, are available at http://www.icahdq.org/conf/index.asp.

The ICA Communication and Technology Division (http://cat.icahdq.org/ohana/website/index.cfm?p=8354660), the ICA Communication Law and Policy Division (http://clap.icahdq.org/ohana/website/index.cfm?p=72631611), and the ICA Mass Communication Division (http://mass.icahdq.org/ohana/website/index.cfm?p=89243202) have joined with PPDD to be co-sponsors of the Preconference.

Can Spam Act preempts state SPAM law where misrepresentation is not material

DAVISON DESIGN & DEVELOPMENT INC. v. Riley, Dist. Court, ND California 2013

ISSUE: Is state cause of action for SPAM preempted by the Can Spam Act?

RULE: State SPAM laws are preempted by Can Spam Act, except when they address fraud or misrepresentation. 

HELD:  State cause of action preempted by Can Spam Act where misrepresentation was not material.

DISCUSSION:

"First, the parties dispute the scope of the exception to CAN-SPAM preemption. Plaintiffs argue that Riley must allege a claim for fraud in order to avoid preemption, while Riley argues that the "falsity or deception" language used in the statute creates a broader exception, encompassing more than just claims for fraud. As an example, Riley points to Cal. Civ. Code § 1710, which defines the tort of "deceit," and which does not require the elements of common-law fraud, including reliance. While the relevant Ninth Circuit authority on this issue (Gordon v. Virtumundo, 575 F.3d 1040 (9th Cir. 2009)) does use the word "fraud" when discussing the preemption exception, the court agrees with Riley that Gordon does not necessarily limit the exception to fraud claims. And while Gordon did not answer the question of whether a party must plead reliance and damages in order to avoid CAN-SPAM preemption, the court agrees with and adopts the reasoning set forth in two post-Gordon district court cases, both of which held that "reliance and damages need not be demonstrated to save a lawsuit from preemption." Asis Internet Services v. Member Source Media, LLC, 2010 WL 1610066, at *3 (N.D. Cal. Apr. 20, 2010); see also Asis Internet Services v. Subscriberbase Inc., 2010 WL 1267763 (N.D. Cal. Apr. 2, 2010). Riley need not establish reliance and damages in order to avoid preemption; instead, as long as she can establish that plaintiffs "were responsible for making knowing and material misrepresentations," her counter-claim "will sound in `falsity or deception' and will not be preempted by the CAN-SPAM Act." See Subscriberbase, 2010 WL 1267763 at *13. Specifically, if Riley can establish that the presence of her own name in the "from" line of the seven emails at issue was materially false or deceptive, her counter-claims will avoid preemption.

"Applying that standard, the court finds that while the use of Riley's name in the "from" line was indeed false, the fact that Riley would have immediately recognized the use of her own name puts her counter-claims in the same category as the "non-deceptive statements" that were rejected by the Gordon court. Upon receiving the emails, Riley would have instantly known that she did not send those emails to herself, and thus, the emails could not have been deceptive in any meaningful way. Thus, any falsity or deception was not sufficiently "material" to avoid preemption. The court recognizes that the factual circumstances of this case are unique, and that a misrepresentation as to the identity of the sender of emails will indeed be material in many cases. For instance, if Riley had received emails from plaintiffs with the name of one of Riley's personal contacts in the "from" line, those emails might well give rise to a non-preempted claim. However, as to the seven emails at issue, the court fails to see how Riley could have been deceived into believing that she sent herself these emails, and fails to see how any reasonable person could be deceived by an email bearing his or her own name in the "from" line. Accordingly, the court finds that Riley's counter-claims are preempted by CAN-SPAM, and hereby GRANTS summary judgment in favor of plaintiffs on the preemption issue. As discussed above, and for the reasons stated in the court's September 13, 2013 order (Dkt. 212), in which the court declined to exercise jurisdiction over claims relating to 108 of the emails, the court similarly declines to exercise declaratory judgment jurisdiction over plaintiffs' claims relating to these seven emails."

 

PRO-CONCEPTS, LLC v. Resh, Dist. Court, ED Virginia 2013 #ACPA #DNS

PRO-CONCEPTS, LLC v. Resh, Dist. Court, ED Virginia 2013 :: Motion for preliminary injunction for violation of AntiCybersquatting Consumer Protection Act denied.  Offer to sell domain name and website to trademark owner not bad faith where domain name owner "did so, not for financial gain, but for reimbursement. The evidence, as presented to the Court, indicates that [domain name owner] attempted to transfer the site to the markholder for an amount equal to the cost of acquiring and maintaining the domain."

[NIST] Initiating Review of Cryptographic Standards Development Process

NIST Initiating Review of Cryptographic Standards Development Process

(This news article is also available on the Computer Security Resource Center (CSRC) website at:
http://csrc.nist.gov/groups/ST/crypto-review/

Recent news reports about leaked classified documents have caused concern from the cryptographic community about the security of NIST cryptographic standards and guidelines. NIST is also deeply concerned by these reports, some of which have questioned the integrity of the NIST standards development process.

NIST has a proud history in open cryptographic standards, beginning in the 1970s with the Data Encryption Standard. We strive for a consistently open and transparent process that enlists the worldwide cryptography community to help us develop and vet algorithms included in our cryptographic guidance. NIST endeavors to promote confidence in our cryptographic guidance through these inclusive and transparent development processes, which we believe are the best in use.

Trust is crucial to the adoption of strong cryptographic algorithms. To ensure that our guidance has been developed according the highest standard of inclusiveness, transparency and security, NIST has initiated a formal review of our standards development efforts. We are compiling our goals and objectives, principles of operation, processes for identifying cryptographic algorithms for standardization, methods for reviewing and resolving public comments, and other important procedures necessary for a rigorous process.

Once complete, we will invite public comment on this process. We also will bring in an independent organization to conduct a formal review of our standards development approach and to suggest improvements. Based on the public comments and independent review, we will update our process as necessary to make sure it meets our goals for openness and transparency, and leads to the most secure, trustworthy guidance practicable.

Furthermore, we will be reviewing our existing body of cryptographic work, looking at both our documented process and the specific procedures used to develop each of these standards and guidelines. If any current guidance does not meet the high standards set out in this process, we will address these issues as quickly as possible.

Our mission is to protect the nation’s IT infrastructure and information through strong cryptography. We cannot carry out that mission without the trust and assistance of the world’s cryptographic experts. We’re committed to continually earning that trust.

MENZIES AVIATION (USA), INC. v. ROBERT WILCOX, SERVISAIR, LLC, Dist. Court, Minnesota Oct. 17 2013 #CFAA

MENZIES AVIATION (USA), INC. v. ROBERT WILCOX, SERVISAIR, LLC, Dist. Court, Minnesota Oct 17, 2013

This matter is before the Court on Plaintiff's Motion for a Temporary Restraining Order. [Docket No. 6] The Court heard oral argument on October 17, 2013. The Court denied the motion in an October 17 Order [Docket No. 40] with a memorandum of law to follow. Accordingly, the Court hereby enters the following Memorandum of Law.

. . . . . .

The Computer Fraud and Abuse Act "provides that one who suffers `damage or loss' because of a violation of the Act may bring a civil action for compensatory damages and injunctive relief." Mclean v. Mortgage One & Finance Corp., No. Civ.04-1158(PAM/JSM), 2004 WL 898440, at *2 (D. Minn. Apr. 9, 2004). A civil action may be brought by a person who suffers damage or loss of at least $5,000 by reason of a person's violation of the act by knowingly and with intent to defraud, accessing protected computers without authorization or in excess of his authorization and obtaining something of value of more than $5,000 in any 1-year period. 18 U.S.C. § 1030(a)(4); (c)(4)(A)(i), (g).

Menzies claims that Wilcox intentionally accessed Menzies' protected computer database and sent himself large amounts of confidential data in order to allow Servisair to unfairly compete with Menzies. The Court holds that, based on the record before it, assuming without deciding that Wilcox did engage in unauthorized access, Menzies is unlikely to be able to show that Wilcox caused any damages, let alone $5,000 in damages. The evidence in the record is that Sun Country switched from Menzies to Servisair based on reasons wholly unrelated to Wilcox and any information he may or may not have forwarded to himself.

Fwd: CT News Clips :: from Delicious/rcannon100 for 10/23/2013

Cybertelecom :: Federal Internet Law & Policy :: An Educational Project Is this email not displaying correctly? View it in your browser. Updates from Cybertelecom Delicious Contents: US government releases draft cybersecurity framework | Security & Privacy - CNET News Facebook removes Mexican beheading video | Technology | theguardian.com Warrant required for GPS tracking of vehicles, court rules - Computerworld Facebook Removes Beheading Video, Says It Will Tighten Rules : The Two-Way : NPR US Government Releases Cybersecurity Framework Proposal Michael Geist - Bell Claims Users Want to Be Monitored, Profiled and Tracked Switchboard: Netflix subscriber base trumps HBO's - The Washington Post Level 3 Switch Failure Caused Weekend ISP Outages | DSLReports, ISP Information House privacy group to meet Wednesday with privacy groups, online ad rep - The Hill's Hillicon Valley The Boss Is Watching: Tracking Technology Shakes Up Workplace - WSJ.com US government releases draft cybersecurity framework | Security & Privacy - CNET News via CNET News http://news.cnet.com/ Read in browser » Facebook removes Mexican beheading video | Technology | theguardian.com via Technology: Internet | theguardian.com http://www.theguardian.com/technology/internet Read in browser » Warrant required for GPS tracking of vehicles, court rules - Computerworld via Latest from Computerworld http://www.computerworld.com/ Read in browser » Facebook Removes Beheading Video, Says It Will Tighten Rules : The Two-Way : NPR via Technology http://www.npr.org/templates/story/story.php?storyId=1019&ft=1&f=1019 Read in browser » US Government Releases Cybersecurity Framework Proposal via CircleID http://www.circleid.com/ Read in browser » Michael Geist - Bell Claims Users Want to Be Monitored, Profiled and Tracked via Michael Geist Blog http://www.michaelgeist.ca Read in browser » Switchboard: Netflix subscriber base trumps HBO's - The Washington Post via Technology News - The Washington Post http://www.washingtonpost.com/business/technology?wprss=rss_technology Read in browser » Level 3 Switch Failure Caused Weekend ISP Outages | DSLReports, ISP Information via DSLreports - front page http://www.dslreports.com Read in browser » House privacy group to meet Wednesday with privacy groups, online ad rep - The Hill's Hillicon Valley via Hillicon Valley http://thehill.com/blogs/hillicon-valley Read in browser » The Boss Is Watching: Tracking Technology Shakes Up Workplace - WSJ.com via WSJ.com: Technology http://online.wsj.com Read in browser » More to read:  follow on Twitter | friend on Facebook | forward to a friend  | CT Blog | CT Google Group | Delicious | CT News Clips is posted to the Cybertelecom-l Google Group. You can manage your subscription through Google Groups. You can unsubscribe or managed your Cybertelecom-l membership at Cybertelecom-l Google Group. This is not a commercial email. You can subscribe directly to the news clips through MailChimp. Disclaimer

In Which We Ponder Whether Sec. 230(c) is an Immunity or an Affirmative Defense; Evans v. HP

-->

Procedure matters. It matters whether a defendant can dispose of a litigation right out of the gate, or whether the defendant must suffer the slings and arrows of discovery, motions, and trial before presenting a successful defense.

Procedurally, once a litigation has been initiated, defendant has a chance to say, "hey, wait a minute, there isn’t actually a cause of action here."  It's like someone suing me for being tall.  Well, yeah, but there is no recognized cause of action against being tall.  And a motion to dismiss for failure to state a claim would end the litigation right out of the gate.

Alternatively, defendant might have a defense, but must establish evidence supporting that defense. For example, I may have said that Zim is an Irken weenie, and Zim may sue me, but availing myself to truth-is-a-defense, I can prove in court that Zim is in fact an Irken weenie.  I may have been successful, but I will now receive a successful legal defense bill from my attorney.

47 U.S.C. § 230(c) protects interactive services from liability for third party content. But is this an immunity or an affirmative defense?  Can I use Sec. 230(c) to exterminate a litigation right out of the gate, or must I wait for the facts of the case to be developed? 

Today's case, Evans v. HEWLETT-PACKARD COMPANY, Dist. Court, ND California Oct. 10, 2013, explores this question.  It involves software called "The Chubby Checker" which was produced by a third-party and offered for sale through the HP App Catalogue. Suffice it to say that the title of the software was, as the court stated, "a vulgar pun."  Chubby Checker, the entertainer, sued.

Plaintiff alleged federal trademark infringement and dilution, and state causes of action including unfair competition, unauthorized use of his name, and unauthorized use of his likeness. Sec. 230(e) says that Sec. 230(c) has no effect on intellectual property law; thus the court did not dismiss those claims.  However, the rest of plaintiff's claims "were held barred by the preemption provision in Section 230."  Defendant's app store is an online interactive service; the app in question is content produced by a third party.

Plaintiff attempted to solve this problem by amending its complaint and adding some more causes of action.  Plaintiff argued, in the first place, that Sec. 230 is an affirmative defense and not proper for a motion to dismiss.  Before defendant can get out of this litigation, we need to get into the facts of the case, argues plaintiff.

Some courts have been uncomfortable with letting defendants cash-in their "Get Out of Litigation Free" cards so easily. For these courts, Sec. 230(c) does not create an immunity. See City of Chicago v. StubHub!, Inc., 624 F.3d 363, 366 (7th Cir. 2010); Barnesv. Yahoo!, Inc., 570 F.3d 1096, 1100 (9th Cir. 2009).  On the other hand, "[o]rdinarily, courts 'aim to resolve the question of § 230 immunity at the earliest possible stage of the case because that immunity protects websites not only from `ultimate liability,' but also from `having to fight costly and protracted legal battles.'' Nemet Chevrolet v. Consumeraffairs.com, 591 F.3d 250, 255 (4th Cir. 2009). And while some courts have been hesitant to cash in those "Get Out of Litigation Free cards" (perhaps originally due to a lack of familiarity with the plumbing and business models of the Internet), the Evans court recognizes that a consensus has been developing across the courts of appeals "that § 230(c) provides broad immunity for publishing content provided primarily by third parties." Carafano v. Metrosplash.com Inc., 339 F.3d 1119, 1123 (9th Cir. 2003).  Consideration of Sec. 230 preemption is appropriate at the pleading state in a motion to dismiss; defendant can terminate the litigation right out of the gate.

But then, maybe this "is it an immunity or an affirmative defense" thing doesn't really matter.  The Evans court leaves us with this thought:

[O]ur court of appeals has held that "the assertion of an affirmative defense may be considered properly on a motion to dismiss where the `allegations in the complaint suffice to establish' the defense." 

In other words, whatever you call it, if plaintiff's complaint doesn't have a leg to stand on, there is no reason for the litigation to proceed.  If Sec. 230(c) protects interactive services from liability, it would be nice if it also protected interactive services from futile litigation expenses.

The Boundary Between Sec. 230 Immunity and Liability: Jones v. Dirty World Entertainment Recordings

Out in the wilderness of cyberspace is a boundary, marking the limits of Sec. 230 immunity. On the one side roams interactive services hosting third party content immune from liability for that third party content. On the other sides is the frontier, where interactive content hosts and creators meet, merge, and become one. Here host and author blend, collaborating to give rise to new creations. Hosts herd authors towards a potentially desolate land desecrated with insinuation, defamation, and slanderous allegations. Here, Sec. 230 has no power to protect. 

Photo by Ed Schipul, Flickr (cc)

We have been to the frontier before. The lead case unfolded in 2008: Fair Housing Council of San Fernando Valley v. Roommates.com, LLC, 521 F.3d 1157, 1164-65 (9th Cir. 2008) (en banc). Here, according to the court, third-party authors that wished to post to Roommates.com were required to fill out a questionnaire and were required to answer questions that were alleged to violate federal and state housing discrimination laws. Where the host requires third-parties to answer certain questions, and answer in ways that are problematic, "such acts constituted the 'creation or development of information' and thus made the site an 'information content provider' within the scope of 47 U.S.C. § 230(c) and (f)(3)." Both host and third-party are now potentially liable for the created content. 

Jones v. Dirty World Entertainment Recordings, LLC (Eastern District Kentucky Aug. 2013) is the latest case to explore the frontier, and this litigation has been explored through two trials.  From the first trial, we are informed that:

Defendant Dirty World, LLC operates, from its principal place of business in Arizona, an Internet web site known as "the dirty.com." This web site invites and publishes comments by individuals who visit the site, and defendant Hooman Karamian, a/k/a Nik Richie ("Richie"), responds to those posts and publishes his own comments on the subjects under discussion.

Plaintiff Sarah Jones is a citizen of Kentucky; a resident of Northern Kentucky; a teacher at Dixie Heights High School in Edgewood Kentucky; and a member of the Cincinnati BenGals, the cheerleading squad for the Cincinnati Bengals professional football team.

The conflicted ensued over comments posted to Defendant's website about plaintiff. 

[T]he evidence conclusively demonstrates that these postings and others like them were invited and encouraged by the defendants by using the name "Dirty.com" for the website and inciting the viewers of the site to form a loose organization dubbed "the Dirty Army," which was urged to have "a war mentality" against anyone who dared to object to having their character assassinated.

Specifically, defendant Richie added his own comments to the defamatory posts concerning plaintiff. For example, on December 7, 2009, a third-party posted, under a large photo of plaintiff:

Nik, here we have Sarah J, captain cheerleader of the playoff bound cinci bengals . . Most ppl see Sarah as a gorgeous cheerleader AND highschool teacher . . yes she's also a teacher . . but what most of you don't know is . . Her ex Nate . . cheated on her with over 50 girls in 4 yrs . . in that time he tested positive for Chlamydia Infection and Gonorrhea . . so im sure Sarah also has both . . whats worse is he brags about doing sarah in the gym . . football field . . her class room at the school she teaches at DIXIE Heights.

To this, Richie added his own tagline, in bold: "Why are all high school teachers freaks in the sack? — nik."  The tagline and original message appear on one page as a single story.

For the court, defendant's website has crossed into the frontier and is a participant in the content creation. Not only is defendant driving third-parties to make scandalous comments, defendant, by adding comments "effectively ratified and adopted the defamatory third-party post." According to the court, defendant continued to drive third parties by commenting: "I love how the DIRTY ARMY has war mentality;" "Never try to battle the DIRTY ARMY;" and "You dug your own grave here Sarah." The court concludes, defendant "played a significant role in 'developing' the offensive content such that he has no immunity under the CDA." 

There is a boundary between neutral host and content creator. When an interactive service traverses that boundary, the host potentially moves out from underneath the protection of Sec. 230 immunity.