September 2008

NSA and Bush Are Sued Over Domestic Surveillance

A privacy group filed a class-action lawsuit on Thursday against the National Security Agency, President Bush and other officials, seeking to halt what it describes as illegal surveillance of Americans' telephone and Internet traffic. The lawsuit parallels a legal action brought against the AT&T Corporation in 2006 by the same nonprofit group, the Electronic Frontier Foundation, charging that the company gave the N.S.A. access to its communications lines and customer records without proper warrants. Congress derailed that lawsuit this year by passing legislation granting immunity to telecommunications companies that had provided assistance to the agency, though the foundation has said it intends to challenge the constitutionality of the new law. A lawyer with the foundation, Kevin S. Bankston, said the new suit opened a "second front" against a "massively illegal fishing expedition through AT&T's domestic networks and databases of customer records."

Cyber Attack Data-Sharing Is Lacking, Congress Told

US intelligence agencies are unable to share information about foreign cyber attacks against companies for fear of jeopardizing intelligence-gathering sources and methods, cyber security expert Paul B. Kurtz told lawmakers. Kurtz, who served on the National Security Council in the Clinton and Bush administrations, spoke at the first open hearing on cyber security held by the House Permanent Select Committee on Intelligence. He and other experts discussed President Bush's Comprehensive National Cybersecurity Initiative, disclosed in January, which focuses on cyber espionage against government systems and, they said, does not adequately address the private sector. There is no coordinated strategy or mechanism for sharing intelligence about intrusions with companies, nor is there a systematic way for companies to share information with the government, said the panelists, who are members of the Center for Strategic and International Studies commission on cyber security, set up last year to advise the next administration. While certain information must remain classified, "the government needs to do better" at sharing unclassified information about cyber attacks, said Rep. Silvestre Reyes (D-TX), who chairs the intelligence committee. "Everyone stands to benefit from an improved two-way information flow."

Is McCain a high-tech leader?

[Commentary] A look at Sen John McCain's opposition to the Telecommunications Act of 1996 which he called a "mishmash of compromises", an "elaborate influence-peddling scheme" and "the biggest rip-off since the Teapot Dome Scandal." Later, when he became the chairman of the powerful Commerce Committee, he did not choose to expend political capital by revising the law's parts he found objectionable. But it would be wrong to dismiss Mr McCain's opposition as mere posturing. Mr McCain viewed the law as spawning too many restrictions, as regulating in order to deregulate and he wanted no part in this. He also believed that the Internet subsidy programme for schools, libraries, and hospitals would become a boondoggle. His proposal, for telecommunications, was instead to give all contestants a period of adjustment, with a date certain for deregulation. After that, it was swim or sink. The next years proved his foresight. After protracted upheaval, even under the new law with its numerous regulatory protections, the Bell companies prevailed anyway against their telecom rivals, as they gained advantages in the marketplace, the FCC and the courts. Such a result could have been reached under Mr McCain's approach faster and cheaper.

NTIA: DTV Coupon Funds Could Run Out Before Analog Shutoff

In a letter to Congress, acting National Telecommunications and Information Administration chief Meredith Attwell Baker says the administration's digital-TV-to-analog converter-box-coupon program could well run out of funds to process those coupons by the end of January unless Congress frees up more money. That would be 17 days short of the DTV-transition date and almost seven weeks short of the March 31 end date for applying for the coupons. That shortfall could be a problem if there is an anticipated spike of coupon requests from procrastinators as the Feb. 17, 2009, date nears. "NTIA has placed orders with IBM to distribute up to 44.5 million coupons," Baker said in the letter. "Assuming steady demand and an increase for the months of November, December and January, as well as a redemption rate consistent with that realized to date [49%], NTIA estimates that the coupon program will be able to honor requests for 44.5 million coupons through the end of January 2009 within existing administrative funds." She added the caveat that there may be cost savings of up to $6 million that could add several weeks to that end-of-January date.

ION Has Eye on Soft Analog Cutoff Tests

Station-group owner ION Media Networks approached TV stations and satellite and cable providers in top markets about participating in a mid- to late-October "soft" analog-cutoff test. The markets are New York; Los Angeles; Washington, D.C.; San Francisco; Philadelphia; and Hartford (CT). So far, public TV stations, and Telemundo- and NBC-owned affiliates in those markets have agreed to participate (NBC and Telemundo are owned by NBC Universal, which has an ownership stake in ION). ION is the largest TV group in the United States, owning and/or operating 60 full-power TV stations, including one in each of the top 20 markets.

Rate increase OKd for land-line phone service in California

The cost of basic local telephone service may increase as much as 30% next year and an additional 23% in 2010 for land-line service, under new rates approved Thursday by California regulators. The Public Utilities Commission voted Thursday to approve increases of as much as $3.25 a month beginning in January 2009 for the four major phone companies, including AT&T Inc. and Verizon Communications Inc., that offer land-line service. Another $3.25-a-month increase can go into effect a year later. The PUC has deregulated most aspects of California phone services and was expected to deregulate it all next year. Instead, the commission opted to maintain a cap on local land-line rates for two more years. The decision was met with disappointment from the phone companies that had sought total deregulation and from consumer groups that opposed the rate increase. Consumer advocates said the decision would hurt the poor and elderly. "Phone service is as necessary to modern life as are other essentials like gas, electricity and food," said Mark Toney, executive director of the Utility Reform Network, known as TURN. "But without regulation, low-income and rural Californians could lose access." TURN failed to persuade commissioners to conduct an affordability study before allowing the rate increases.

California Bans Texting by Operators of Trains

A day after federal investigators said an engineer in last week's deadly train collision outside Los Angeles had been text-messaging on the job, California's railroad regulators temporarily banned the use of all cellular devices by anyone at the controls of a moving train. The emergency order was passed unanimously by the five-person California Public Utilities Commission, which noted the lack of federal or state rules regarding the use of such devices by on-duty train personnel.

European Telecoms told to end broadband monopoly

Leading European telecoms companies should give rivals access to their superfast broadband networks, the European Commission said on Thursday. In a draft recommendation for national telecoms regulators, the Commission also highlighted the importance of ensuring that Europe's former fixed-line phone monopolies are able to secure appropriate returns on their high-speed broadband investments. Viviane Reding, European telecoms commissioner, and Neelie Kroes, competition commissioner, on Thursday expressed concern that the EU was lagging behind leading industrialized countries, such as Japan and the US, in the rollout of high speed broadband networks.

The Week Ahead: Sept 22-28

A busy week ahead.

1) A discussion on the future for musicians in Chicago and 2) OneWeb Day 2008 on Monday.

On Tuesday 3) a Senate DTV transition oversight hearing and 4) the CPB board meets to pick a chairman (among other agenda items).

Wednesday sees 5) the 26th Annual Everett C. Parker Ethics in Telecommunications Lecture and Awards Luncheon (congratulations to Prometheus Radio Project, William Bresnan and Caroline Mayer).

On Thursday, 6) the FCC holds its monthly open meeting, 7) the Senate hears about privacy issues for broadband subscribers and 8) ITIF hosts a discussion on "Innovation Economics."

Friday kicks off a weekend of conferences including 9) Broadband census for America, 10) Race, Gender and the Media in the 2008 Elections, and 11) the 36th annual Research Conference on Communication, Information & Internet Policy (TPRC).

So glad the Cubs will have wrapped up the NL Central by monday so we can devote our attention to these events.

FCC Sept 25 Meeting Agenda (Corrected)

CORRECTION: FCC AGENDA INCLUDES FOIA REQUEST/SPECTRUM AUCTION

On Friday we reported that the FCC's Sept open meeting agenda does not include 1) a new auction of "D-Block/700 MHz" spectrum or 2) a Freedom of Information Act (FOIA) Request by Mary O'Grady. Those items are on the agenda.

The Federal Communications Commission will hold an Open Meeting on Thursday, September 25, 2008, scheduled to commence at 10:00 a.m. in Room TW-C305, at 445 12th Street, S.W., Washington, D.C. The Commission will consider a number of broadcast license issues.

NOT on the agenda are some items discussed previously by FCC Chairman Martin: 1) a new auction of "D-Block/700 MHz" spectrum, 2) Video Relay Service, or 3) a Freedom of Information Act (FOIA) Request by Mary O'Grady.