Communications-related Headlines for 11/30/01
INTERNET
Considering 'Community Standards' and Internet Pornography (NYT)
Research Panel Recommends Tax Credits For Broadband Networks (WSJ)
European Confrontation Over Privacy Rights on the Internet (NYT)
OWNERSHIP
Broadcasters Group to Oppose EchoStar-Hughes Deal (WP)
INTERNET
CONSIDERING 'COMMUNITY STANDARDS' AND INTERNET PORNOGRAPHY
Issue: Internet
Under the local community standards rule, issued in the 1973 case of Miller
vs. California, the Supreme Court said that different communities have
different ideas of what is obscene. Now, some lawyers are betting that the
community standards rule may be in for a shake up when the Supreme Court
issues a decision in a case it heard this week concerning the government's
attempt to regulate obscene material for minors in cyberspace. The question
of how community standards should be applied to the Internet mesmerized the
U.S. Court of Appeals for the Third Circuit, in Philadelphia, last year when
it considered the constitutionality of the Children's Online Protection Act
of 1998. Now, as the Supreme Court reviews the case, several justices were
openly skeptical of the need to apply "local" community norms to obscene
speech for children on the Internet.
[SOURCE: New York Times, AUTHOR: Carl S. Kaplan]
(http://www.nytimes.com/2001/11/30/technology/30CYBERLAW.html)
(requires registration)
RESEARCH PANEL RECOMMENDS TAX CREDITS FOR DEVELOPMENT OF BROADBAND NETWORKS
Issue: BROADBAND
A federal research panel Thursday recommended tax credits and grants to spur
deployment of high-speed Internet services, particularly in rural areas. The
report, by the National Research Council, says the value of broadband
Internet access for educational and economic uses is worth federal help,
even when telecommunications companies have difficulty justifying the
expense. A bill sponsored by Sen. Jay Rockefeller (D., W.Va.) calls for a
tax credit of 10% to 20% to companies that provide broadband access to rural
areas. Adam Thierer, of the libertarian Cato Institute, said the tax credits
are corporate welfare for large communications companies and may also bring
unwanted regulation of the Internet. The recommendations -- which include
ways to stimulate competition among Internet providers -- were fueled by the
dismal rate of broadband use by Americans. Nikil Jayant, chairman of the
council, said only 8% of American households have high-speed Internet
connections.
[SOURCE: Wall Street Journal, AUTHOR: Associated Press]
(http://interactive.wsj.com/articles/SB1007072790992942920.htm)
(requires subscription)
EUROPEAN CONFRONTATION OVER PRIVACY RIGHTS ON THE INTERNET
Issue: Privacy
The two institutions that vote on Europe- wide laws are facing a
confrontation over how much access law enforcement authorities should have
to the digital trails left by phone and Internet users. The Council of
Ministers and the European Parliament are divided over a proposed law that
would ensure the right of the authorities to request that a person's
so-called traffic data be stored for longer than the normal time required
for billing purposes. The move toward granting the authorities greater
access to personal data is being resisted by the European Parliament, which
appeared to ignore a request from President Bush for Europe to change its
new data-protection law to meet the needs of the war on terrorism. Another
sticking point in the data-protection law is the question of whether to
permit organizations to send out mass e-mailings to people without obtaining
prior permission from the recipients. The council has chosen a more
pro-consumer approach by favoring a ban on such unsolicited e- mail, or
spam, while the European Parliament supports the argument championed by the
direct marketing industry that there should be no such Europewide ban.
[SOURCE: New York Times, AUTHOR: Paul Meller]
(http://www.nytimes.com/2001/11/30/technology/30DATA.html)
(requires registration)
MERGERS
BROADCASTERS GROUP TO OPPOSE ECHOSTAR-HUGHES DEAL
Issue: Satelites
The primary trade group for the television broadcasters, the National
Association of Broadcasters (NAB), said on Thursday it would oppose
satellite TV provider EchoStar Communications Corp.'s proposed purchase of
Hughes Electronic Corp.'s DirecTV. The $26.1 billion combination would
create the biggest satellite television provider in the United States with
16.7 million subscribers, but has already raised concerns among federal
communications regulators. "EchoStar has a history of challenging
Congressional mandates, ignoring FCC rules, and bad faith business
dealings-all to the detriment of consumers," said Edward Fritts, head of the
NAB.
[SOURCE: Washington Post, AUTHOR: Reuters]
(http://www.washtech.com/news/telecom/13917-1.html)
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