September 2008

Judge Limits Searches Using Cellphone Data

The government must obtain a warrant based on probable cause of criminal activity before directing a wireless provider to turn over records that show where customers used their cellphones, a federal judge ruled Wednesday, in the first opinion by a federal district court on the issue. Judge Terrence F. McVerry of the Western District of Pennsylvania rejected the government's argument that historical cellphone tower location data did not require probable cause. The ruling could begin to establish the standard for such requests, which industry lawyers say are routine as more people carry cellphones that reveal their locations. Around the country, magistrate judges, who handle matters such as search warrants, have expressed concern about the lack of guidance.

Broadband access comes under fire

The quality of broadband Internet access in some European countries, including the UK, Italy and Spain, is inadequate for running current web applications, a study has shown. In a worldwide survey by Oxford University and Cisco, the high-speed Internet access of some developed economies of western Europe, as well as Canada and Australia, was outperformed by Russia and several emerging economies of eastern Europe. The survey looked at the speed of access as well as network delays and loss of data for broadband users in May across 42 countries, ignoring the penetration of broadband. Of the so-called Brics [Brazil, Russia, India and China] countries only Russia performed well, with China and India ranked at the bottom of the survey.

India Set to Lose Voice of America

At the height of the Cold War, as India leaned resolutely toward the Soviet Union, one direct line of communication remained open from Washington to India's teeming millions: Voice of America, the US government's radio network. But in a move that reflects shifts in US foreign policy after the Cold War and the terrorist attacks of Sept 11, 2001, the U.S. Broadcasting Board of Governors has decided that VOA's seven-hour Hindi-language radio service will end this month, after 53 years. VOA will also eliminate radio broadcasts in three Eastern European languages. Radio broadcasts in Russian went off the air in July.

YouTube Bans Videos That Incite Violence

The video-sharing service YouTube is banning submissions that involve "inciting others to violence," following criticism from Sen Joseph Lieberman (I-CT) that the site was too open to terrorist groups disseminating militant propaganda. The company earlier this year removed some of the videos that Lieberman targeted, many of which were marked with the logos of al-Qaeda and affiliated groups. But the company refused to take down most of the videos on the senator's list, saying they did not violate the Web site's guidelines against graphic violence or hate speech. Now that videos inciting others to violence are banned, more videos by the terrorist groups in question may be removed.

FCC road show to help keep TVs from going dark

With just about five months left before analog televisions must make the transition to digital, the Federal Communications Commission is dispatching members throughout the country to personally get the word out before TV viewers are left in the dark. FCC Commissioner Jonathan Adelstein swung through the Bay Area Wednesday and Thursday to speak at a handful of community meetings aimed at reaching at-risk communities. Commissioner Adelstein said the road show, in which the five commissioners will visit more than 80 cities, is a recognition that the commission is behind in alerting TV viewers about the transition.

UN agency eyes curbs on Internet anonymity

A United Nations agency is quietly drafting technical standards, proposed by the Chinese government, to define methods of tracing the original source of Internet communications and potentially curbing the ability of users to remain anonymous. The U.S. National Security Agency is also participating in the "IP Traceback" drafting group, named Q6/17, which is meeting next week in Geneva to work on the traceback proposal. Members of Q6/17 have declined to release key documents, and meetings are closed to the public. The potential for eroding Internet users' right to remain anonymous, which is protected by law in the United States and recognized in international law by groups such as the Council of Europe, has alarmed some technologists and privacy advocates. Also affected may be services such as the Tor anonymizing network.

Would-Be Protesters Find the Olympics Failed to Expand Free Speech in Beijing

When it comes to freedom of protest, the Olympics changed little in the Chinese capital. The Chinese government still requires citizens to register to protest, and it has yet to grant any permits for people to hold lawful protests in three designated parks in Beijing.

Senate Judiciary Committee Passes IP Act

The Senate Judiciary Committee passed its version of a bill to boost protections for intellectual property. The Enforcement of Intellectual Property Rights Act, introduced in July, has the backing of Patrick Leahy (D-VT.) and Arlen Specter (R-Pa.), the committee's chairman and ranking member, respectively. It would create a post in the White House to coordinate enforcement of IP laws by various government agencies; would require coordinating with Congress to develop a strategic play to combat IP theft; and would boost resources for IP enforcement, all similar to provisions in the House PRO-IP bill, which passed by a wide margin in May. It would also give the Justice Department the power to bring civil cases against suspected copyright infringers. Currently, it can only pursue criminal prosecutions and must rely on aggrieved copyright owners to file civil suits.

SEC Opens Early Inquiry Into UAL Glitch

The Securities and Exchange Commission opened a preliminary inquiry into the circumstances around UAL Corp.'s stock drop, according to people familiar with the matter. The inquiry is in early stages and may not result in a full investigation, one person familiar with the matter said. The SEC is looking at whether there was any improper behavior behind the release Monday of a 2002 Tribune Co. news story about UAL's bankruptcy filing, which was picked up by Google Inc.'s automated news service. After the old story resurfaced, UAL's stock fell from $12.50 to $3 in 15 minutes before trading was halted. The preliminary inquiry comes as the agency has stepped up its efforts to combat the spreading of false rumors across the market.

Beating the press

[Commentary] The Republican National Convention featured Sen John McCain's formal, foolhardy declaration of war on the press — the same press, by the way, that made him a political superstar. Now the press seems inclined to fire back. And if this dynamic continues over the next two months — and the election is as close as everyone expects it to be — it could be the factor that makes Sen Barack Obama president. Why did McCain decide to pick a fight with the press? The obvious answer is Sarah Palin, McCain's out-of-nowhere pick for V-P. When the press dug into Palin, they would play the victim card, and play it hard. In the process, they'd boost attempts to woo disgruntled Hillary Clinton supporters who think their candidate got a raw deal — from Obama, from Democrats, and especially from the press. They'd also have an excuse to keep Palin away from tough questioning, possibly for the duration of the campaign.

Benton

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