Oct 21, 2008 (Telecom Immunity Law Challenged)
BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY OCTOBER 21, 2008
GOVERNMENT & COMMUNICATIONS
Telecom Immunity Law Challenged In Court
Taliban orders mobile shutdown in Afghan province
ELECTION '08
Where the presidential candidates stand on tech issues
Copyright and Politics Don't Mix
AT&T may face new regulations if Democrats win in November
Colin Powell splits with son over White House race
JOBS/ECONOMY
Internet firms react fast to avert implosion
Women left on sidelines in video game revolution
Study: TVs Lower On Consumer Holiday Wish Lists
INTERNET/BROADBAND
Encouraging Demand > Building Supply for Broadband?
Europeans warned that 'Network neutrality' could raise broadband prices
Indiana Universities Leading Broadband Investments On- and Off-Campus
France's Digital Master Plan Unveiled
Canadian pol: broadband not a luxury, but basic human right
WIRELESS
Wireless Merger Threatens Competition, Groups Tell FCC
A year after the hype: Where is open access now?
US survey shows risky use of mobile e-mail devices
QUICKLY -- Traditional media has five years growth left; Technology key to analyzing assessment data; DTV NASCAR Campaign Off To Bumpy Start
GOVERNMENT & COMMUNICATIONS
TELECOM IMMUNITY LAW CHALLENGED IN COURT
[SOURCE: InformationWeek, AUTHOR: Antone Gonsalves]
The Electronic Frontier Foundation has filed a constitutional challenge of a law that gave legal immunity to telecommunications companies that cooperated with the Bush Administration's domestic wiretapping program. The brief filed Thursday in US District Court in San Francisco argues that the FISA Amendments Act denies telecom customers their rights without due process of law, since they're subjected to warrantless surveillance. To get approval for the wiretapping, the government only needs to certify to the court in private that the surveillance is legal or authorized by the president, the EFF said. Attorney General Michael Mukasey filed that classified certification with the court last month. In addition, the fact that only the president has to approve the wiretapping violates the Constitution's separation of powers, since such approval is usually left up to the courts, the EFF argues.
http://benton.org/node/18011
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TALIBAN ORDERS MOBILE SHUTDOWN IN AFGHAN PROVINCE
[SOURCE: Reuters, AUTHOR: Sher Ahmad]
Taliban insurgents said Tuesday they had told mobile phone operators to shut down their networks during the day in the Ghazni province, southwest of Kabul, saying signals help track insurgent fighters. The warning comes on top of a Taliban order earlier this year for phone operators to turn off their networks throughout the country at night. Five mobile operators, three of them foreign companies, with an estimated investment of several hundred million of dollars, have set up business in Afghanistan since U.S.-led and Afghan forces toppled the Taliban in 2001. Taliban insurgents in the past have destroyed several mobile phone towers in the south causing resentment among residents for whom mobile phones are a vital means of communication. NATO and Afghan officials say the Taliban want mobile phone networks shut down to prevent villagers informing the authorities of their presence.
http://benton.org/node/18021
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ELECTION '08
WHERE THE PRESIDENTIAL CANDIDATES STAND ON TECH ISSUES
[SOURCE: InfoWorld, AUTHOR: Grant Gross]
A look at Sens John McCain's and Barack Obama's stances on five issues of interest to IT leaders: telecommunications, national security, privacy, IT jobs, and innovation.
http://benton.org/node/18020
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COPYRIGHT AND POLITICS DON'T MIX
[SOURCE: New York Times, AUTHOR: Lawrence Lessig]
[Commentary] Throughout this election season, Americans have used the extraordinary capacity of digital technologies to capture and respond to arguments with which they disagree. YouTube has become the channel of choice for following who is saying what, from the presidential campaign to races for city council. But this explosion in citizen-generated political speech has been met with a troubling response: the increasing use of copyright laws as tools for censorship. Copyright law has become a political weapon because of a statute passed a decade ago: the Digital Millennium Copyright Act. That law tells carriers like YouTube that unless they quickly remove material posted by users that is alleged to infringe copyright, they themselves could be liable for the infringement. Understandably, YouTube and others have become quite vigilant in removing allegedly infringing content. Indeed, the Web site has gone beyond the requirements of the law and has begun to shut down the accounts of people alleged to have violated copyright just three times. The digital copyright act gives the alleged infringer an opportunity to demand that the content be restored. But in the height of a political campaign, even a few hours of downtime can be the difference between effective and ineffective. The law thus creates a perfect mechanism to censor political speech during the only time it could matter. Recognizing this, campaigns and their allies are beginning to exploit this weapon. The answer to this problem is not to abolish or ignore copyright. Instead, the law should be revised, bringing focus to the contexts in which its important economic incentives are needed, and removing it from contexts where it isn't.
http://benton.org/node/18028
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AT&T MAY FACE NEW REGULATIONS IF DEMOCRATS WIN IN NOVEMBER
[SOURCE: Dallas Morning News, AUTHOR: Dave Michaels]
With deep ties to Republicans, the Dallas-based telecom giant faces potentially unwelcome regulations if Democrats boost their majority in Congress and Sen Barack Obama (D-IL) wins the presidency. From reforming telephone subsidies to guaranteeing an "open" Internet, Democrats favor many ideas opposed by AT&T. The biggest concern is network neutrality, a notion championed by consumer groups. A network neutrality law would impose strict rules on how companies manage traffic on their networks. AT&T says the most threatening legislation would force it to offer free services marketed by competitors such as Google. The company faces other policy wars with its usual competitors: cable, wireless and technology companies, all using legislation and regulation to gain an advantage in the ever-changing world of telecommunications. AT&T, which spent $17.1 million on lobbying in 2007, is trying to shape an overhaul of telephone subsidies and access charges especially as the company continues to lose millions of landline customers every year.
http://benton.org/node/18010
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COLIN POWELL SPLITS WITH SON OVER WHITE HOUSE RACE
[SOURCE: The Hill, AUTHOR: Alexander Bolton]
Former-Secretary of State Colin Powell's endorsement of Sen Barack Obama (D-IL) has put him at odds with his own son, former Federal Communications Commission Chairman Michael Powell. Michael Powell served as a policy adviser to Vice President Dick Cheney during former President George H.W. Bush's administration, when Cheney held the position of Defense secretary. He is a surrogate for Sen John McCain (R-AZ) and represents the GOP nominee on the campaign trail. If McCain becomes president he could appoint Powell the younger to several administration positions.
http://benton.org/node/18003
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JOBS/ECONOMY
INTERNET FIRMS REACT FAST TO AVERT IMPLOSION
[SOURCE: San Francisco Chronicle, AUTHOR: Verne Kopytoff]
Air is starting to leak from the Internet startup bubble, underscored by a wave of layoffs amid the slumping economy. The job cuts signal an abrupt reversal of fortune for an industry that until recently was flush with investor money and extravagant employee perks. The question on virtually every startup executive's mind is whether the retrenchment is a minor blip or a repeat of the dot-com implosion eight years ago, when sites like Pets.com, Webvan and eToys all went belly-up. So far, most agree that the cuts are proactive rather than a sign of immediate distress. By paring back early, they say, the companies will be able to survive longer if it becomes too difficult to raise more venture capital down the line.
http://benton.org/node/18024
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WOMEN LEFT ON SIDELINES IN VIDEO GAME REVOLUTION
[SOURCE: Los Angeles Times, AUTHOR: Alex Pham]
The video game industry is flourishing, especially in California, as sales continue to climb despite a faltering economy. But the hiring has largely bypassed women. They comprise fewer than 1 in 5 workers in the business, according to a 2007 survey by Game Developer Magazine. Among game programmers, the number is a paltry 3%. Those who do land game-related jobs make less money on average than their male counterparts. Women at all levels of the field earned an average of $64,643 last year, while men earned $74,459, according to the survey. The business must become more diverse if it's to break out of the young male market and into the mainstream, where women represent a greater percentage of buyers and bigger sales await.
http://benton.org/node/18023
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STUDY: TVs LOWER ON CONSUMER HOLIDAY WISH LIST
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The computer has fallen below "peace and happiness" atop consumer's general holiday wish lists, and televisions fell from third to sixth place. But of those planning to buy one of those TV's, the vast majority plan to make it a high-definition set. In the just-released Consumer Electronics Association's 15th annual holiday purchase pattern study, television, which in 2007 was below computers (#1) and "peace and happiness (#2) in the things consumers wanted most this holiday season, is now outranked not only by "peace and happiness" and computers but by family togetherness, clothes, and money. TV still tops "good health," which was number 10 on the list, also below cars, cell, phones, and video games.
http://benton.org/node/18001
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INTERNET/BROADBAND
ENCOURAGING DEMAND > BUILDING SUPPLY FOR BROADBAND?
[SOURCE: App-Rising.com, AUTHOR: Geoff Daily]
[Commentary] We can not achieve our goals of achieving a broadband nation without an equal emphasis on generating demand as supply. Even if you don't like the idea of putting more money into the pockets of incumbents, you can't deny that the more people you can get onto the network of networks that is the Internet at higher speeds, the more valuable that network becomes. Increasing demand can also have a positive affect on increasing supply. For example, at the core of the Connected Nation model is an effort to aggregate demand in areas without broadband to show providers that there's business to be had in these areas, helping spur deployment. Also, as consumers use more bandwidth there's upward pressure on operators to increase capacity just to keep up lest these networks don't deliver the service they promised. And if we can get enough people demanding true broadband, it can help make the business models for deploying full fiber networks even more feasible than they already are. Imagine what happens when instead of the customer base being 50% of households it's 75%? More customers means more revenue either to fund fiber deployment directly or create more customers so there's more room for competition that leads to increases in capacity.
http://benton.org/node/18009
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EUROPEANS WARNED THAT 'NETWORK NEUTRALITY' COULD RAISE BROADBAND PRICES
[SOURCE: Financial Times, AUTHOR: Nikki Tait]
Broadband prices could rise by up to one-third if regulators in Europe insist on strict "net neutrality" rules that would block carriers from charging content providers premium prices to prioritize certain web traffic, a leading think-tank is set to warn. An industry-commissioned report from consultants at Copenhagen Economics, due to be published next week, is set to warn that imposing net neutrality in Europe will "pass on the cost of scarcity to all consumers" and significantly increase broadband prices. That, in turn, could depress broadband demand. The report's authors suggest, for instance, that the average monthly broadband subscription rate could rise from €33 ($44) to €44 in Sweden, and from €29 to €39 in Germany. In the latter case, the loss in "consumer welfare" from the increased cost and lower broadband penetration could be as much as €1.7bn annually. A separate report, due out in the next few days from the Centre for European Policy Studies, also concludes that "mandating net neutrality would not be a desirable option".
http://benton.org/node/18026
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INDIANA UNIVERSITIES LEADING BROADBAND INVESTMENTS ON- AND OFF-CAMPUS
[SOURCE: BroadbandCensus.Com, AUTHOR: Drew Bennett]
Universities in Indiana are seeking to stay ahead of a potential traffic jam in broadband demand through investments in broadband infrastructure, cutting-edge research and rural connectivity in the Hoosier state. According to a recent study by EDUCAUSE, U.S. universities are at the leading edge of an explosion in broadband supply and demand: availability at research institutions increased by 60% in 2007. A network of universities in Indiana has set out to build one of the world's premier fiber networks known as I-Light. It would support enhanced Internet access in Indiana beyond university campuses, too. In part, campus bandwidth demand is driven by music and movie downloaders seeking the next Bit Torrent tool. But that is only part of the story. The EDUCAUSE report cited faculty research as the key demand driver for the highest bandwidth-usage activity, particularly large data sets, data visualizations and other applications.
http://benton.org/node/18025
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FRANCE'S DIGITAL MASTER PLAN UNVEILED
[SOURCE: RedHerring, AUTHOR: ]
The first reactions to France's plan to become a digital powerhouse have been favorable. Eric Besson, the secretary of state for the development of the digital economy, unveiled key points of the plan Monday. They include speeding up extension of broadband access to 100 percent of the population (it is at 54 percent now) by 2010, two years earlier than previously announced and converting the entire country to digital TV by 2011. Besson said the plan, known as "Digital France 2012, "can and should be an accelerator of (economic) growth." Besson noted that investment in digital technology in France is half what it is in the US and one-third the investment in other northern European countries.
http://benton.org/node/18008
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CANADIAN POL: BROADBAND NOT A LUXURY, BUT BASIC HUMAN RIGHT
[SOURCE: ars technica, AUTHOR: Nate Anderson]
In Canada, Progressive Conservative candidate Jack Carr has filed a complaint with the New Brunswick Human Rights Commission over the lack of high-speed broadband available to some rural residents. The New Brunswick government has already committed to getting everyone in the province access to broadband by 2010, satellite Internet is available (though costly and latency-prone) now, and Canada has had no cases establishing broadband access as a "human right." Carr is apparently targeting the "place of origin" rule with his complaint, arguing that slow Internet and high prices are discrimination against more rural residents of his riding. Newspapers in Canada have begun to pick up the story, which has spawned the inevitable comment-section arguments about the idea of broadband as a human right.
http://benton.org/node/18007
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WIRELESS
WIRELESS MERGER THREATENS COMPETITION, GROUPS TELL FCC
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
A coalition of public interest groups has stepped up protests to the Federal Communications Commission over the proposed merger of Verizon Wireless and rural carrier Alltel, saying the deal would be a threat to competition in the cellphone industry. The Public Interest Spectrum Trust, comprised of six organizations, has balked at an order proposed last week by FCC Chairman Kevin J. Martin to approve the merger, which would create the nation's largest cellphone carrier, with 80 million subscribers. When they meet with the agency's five commissioners this week, members of the trust said they would urge the FCC to put forth clear policies to prevent a combined company from blocking device makers or violating open network guidelines applied to wireline Internet service providers. An FCC source, who spoke on the condition of anonymity because the deal is still under review, said the proposed merger was being rushed because of pressure from the carriers to complete the deal before the presidential election.
http://benton.org/node/18027
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A YEAR AFTER THE HYPE: WHERE IS OPEN ACCESS NOW?
[SOURCE: FierceWireless, AUTHOR: Lynnette Luna]
[Commentary] It was at this time last year when the whole debate over wireless open access hit a fever pitch, and Verizon Wireless made big news when it said it was going to allow devices open access to its CDMA network in the second half of 2008. Everyone appeared to be clamoring for the opportunity. It is now the second half of 2008 and one has to ask: Where are all of the devices? It has become clear that even though folks like Google have pushed for open access, they also understand that they need a relationship with operators to be successful because operators will consistently hold the upper hand. It's a lot easier and more profitable for third parties to partner with operators, or invest in them, than to create a separate device, service and marketing program to run on an open pipe.
http://benton.org/node/18005
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US SURVEY SHOWS RISKY USE OF MOBILE E-MAIL DEVICES
[SOURCE: Reuters, AUTHOR: Ellen Wulfhorst]
Many Americans send and receive text messages on mobile e-mail devices in dangerous situations, according to a survey released on Tuesday that showed 77 percent have used such a device while driving a moving car. Forty-one percent said they have used a mobile e-mail device such as a BlackBerry while skiing, on horseback or riding a bicycle, said the survey commissioned by Neverfail Inc, an Austin, Texas-based software company that provides protection for business data, operations and applications. The Neverfail survey said the proportion of the corporate work force using company-supplied mobile devices will grow to nearly 40 percent by 2010 from just under one-quarter now.
http://benton.org/node/18022
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QUICKLY -- Traditional media has five years growth left; Technology key to analyzing assessment data; DTV NASCAR Campaign Off To Bumpy Start
TRADITIONAL MEDIA HAS FIVE YEARS GROWTH LEFT
[SOURCE: Wilmington Business Information (UK), AUTHOR: Rachael Gallagher]
The death of traditional media has been exaggerated, according to global leader for entertainment and media practice at PriceWaterhouseCoopers in Hong Kong. Speaking at the World Association of Newspapers readership conference, Marcel Fenez said that although digital advertising will continue to soar over the next five years it will still only globally represent 10 per cent of total advertising for newspapers by 2012. He forecast that global print advertising will grow 1.8 percent to $123.3 billion in 2012, while global digital advertising will grow 19.3 percent to $13.4 billion. He said: "One of the things we need to get into context here is that traditional media isn't dead yet and won't be for the next five years."
http://benton.org/node/18004
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TECHNOLOGY KEY TO ANALYZING ASSESSMENT DATA
[SOURCE: eSchool News, AUTHOR: Laura Devaney]
Through the careful application of technology in classroom assessments, schools and teachers can improve instruction for students, and states can develop comprehensive longitudinal data systems to better analyze student performance, according to data in a new report from the State Educational Technology Directors Association. "Technology-Based Assessments Improve Teaching and Learning," part of SETDA's Class of 2020: Action Plan for Education series, highlights innovative approaches in assessing student progress, and suggests that using technology to assess students in a less formalized manner can be extremely beneficial, not only for students, but for teachers.
http://benton.org/node/18002
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DTV NASCAR CAMPAIGN OFF TO BUMPY START
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Communications Commission's sponsorship of NASCAR driver David Gilliland got off to a rocky start when a late-race accident Sunday -- with only an unlucky 13 laps to go -- caused him to finish 32nd out of an original 43-car field and put more than a few dents and dings into his #38 DTV Transition Ford. At least the FCC got the spotlight that always goes on a crash, and Gilliland's Web site liberally sprinkled the race summary with references to the "Digital TV Transition Ford," rather than, say, "the car."
http://benton.org/node/18006
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