December 2009

Why We Must Have A Free And Open Internet

[Commentary] Julius Genachowski, the chairman of the Federal Communications Commission, recently stated that broadband Internet providers must never be allowed to "discriminate against particular content and applications." As a result, the FCC has begun taking steps toward implementing rules aimed at keeping the Internet free and open. This is crucially important. Here's why. It is happening in the context of a debate over the concept of "network neutrality." Network neutrality means that the businesses and organizations that provide Internet service should not care how people use it, or what applications they run. Net neutrality has various implications for the business relationships between companies like Google and Hulu, and for companies that provide Internet service, such as AT&T, Comcast and Verizon.

House Passes the Satellite Home Viewer Reauthorization Act of 2009

On December 3, the House of Representatives passed by a vote of 394-11 the Satellite Home Viewer Reauthorization Act of 2009 (H.R. 3570). The bill combines the House Commerce and Judiciary versions and reauthorizes the satellite compulsory license for carriage of distant network affiliate TV station signals for another five years, a license that expires at the end of the year unless a new bill, or a stopgap extension, is passed. It also deals with some cable carriage and various copyright issues, including an audit process for copyright owners so they can make sure they get the royalties they are entitled to, stiffer penalties for infringement and clarification that their royalties apply to digital multicast streams carried by satellite. The bill must now either be reconciled with two different Senate versions, or the Senate could vote to approve the House version. Either way, something has to happen or the satellite license to carry distant TV network signals expires at year's end.

FTC Renews Call to Entertainment Industry to Curb Marketing of Violent Entertainment to Children

Marketers of violent music, movies, and video games can do more to restrict the promotion of these products to children, according to the seventh in a series of Federal Trade Commission reports on marketing violent entertainment to children. The FTC's report states that the music industry still has not adopted objective marketing standards limiting ad placement for explicit-content music. As a result, the industry still advertises music labeled with a Parental Advisory Label (PAL) on television shows viewed by a substantial number of children. Music retailers routinely sell labeled music to unaccompanied teens. The report also finds that movie studios intentionally market PG-13 movies to children under 13, and the movie industry does not have explicit standards in place to restrict this practice. The growing practice of releasing unrated DVDs undermines the rating system, and confuses parents. Both the video game and movie industries can do more to limit ad placement on Web sites that disproportionately attract children and teens, according to the report.

Navy SEALs top story online

A story that has generated little attention in the mainstream media was the most popular subject among bloggers last week. From November 23-27, 40% of the links in blogs were to a November 24 Fox News report about the pending court martial of three Navy SEALs who captured a wanted terrorist in Iraq, according to the New Media Index from the Pew Research Center's Project for Excellence in Journalism. Many commentators, who tilted conservative, expressed outrage that the men are being prosecuted for an alleged assault against Ahmed Hashim Abed, the reputed mastermind behind the 2004 killing of four Blackwater contractors. Some of them blamed President Obama for allowing the case to proceed.

White House cyber coordinator should have budget authority

A White House cyber chief should have budget authority for initiatives to protect computer networks and systems across all agencies to ensure the allocation of necessary resources, said former federal officials on Thursday. Currently, Congress appropriates cybersecurity funds to agencies and departments, which then have varying degrees of flexibility in deciding how exactly the dollars are spent within a given program. This decentralized strategy hinders the administration's ability to develop and implement a governmentwide cybersecurity strategy, said a panel of former federal officials at the AFCEA Solutions cybersecurity conference. Separately, government relations firm Livingston Group sent a letter to House Speaker Nancy Pelosi and minority leader John Boehner recommending Congress unify the plethora of committees that hold jurisdiction over cybersecurity. "Part of the problem preventing Congress from addressing this issue is that multiple committees currently have jurisdiction over cybersecurity," stated the letter, which was signed by former Louisiana congressman Robert Livingston, now a partner in the firm. He named seven committees that influence how cybersecurity, including the Appropriations Committee, which he chaired. Other committees focus on areas of energy, commerce, armed services and homeland security. "This diffusion of responsibility prevents the Congress from taking effective action," he wrote.

DHS completes draft of plan on how to respond to a national cyberattack

The Homeland Security Department, working with other federal agencies, has completed a draft of how governments and businesses should respond to a widespread cyberattack, establishing their roles and responsibilities. The department is collecting comments from the public and business partners that it plans to consider before it tests the final plan during a large-scale cybersecurity drill in September 2010, a DHS official said on Thursday. The plan, which the Obama administration announced in June, includes more than 150 participants from federal, state and local governments, as well as from industry and organizations that run the nation's critical infrastructures such as transportation and banking, said Michael Brown, deputy assistant secretary for cybersecurity and communications at DHS. He spoke at the AFCEA Solutions cybersecurity conference.

Stupak Bill Would Let FCC Commissioners Meet Privately

Rep Bart Stupak (D-MI) has introduced a bill to allow more than two Federal Communications Commission commissioners to meet privately, so long as there is at least one commissioner from each party in the room and the meeting's content is disclosed to the public. A number of commissioners have argued for letting commissioners get together to discuss issues. Currently, sunshine rules prevent more than two commissioners meeting in person outside of public meetings. That is because all meetings of federal agencies must be open if there is a quorum present, and since the FCC has five members, three represents a quorum. FCC Commissioner Michael Copps announced he was thrilled by the bill's introduction, saying "If there was only one action we could take to reform the FCC, this would be my choice. The inability of Commissioners to get together and talk as a group makes zero sense. The statutory bar on more than two Commissioners talking together outside a public meeting has had pernicious and unintended consequences-stifling collaborative discussions among colleagues, delaying timely decision-making, discouraging collegiality and short-changing consumers and the public interest."

Panel Explores Legalizing Net Gambling

The House Financial Services Committee Thursday held a hearing that was generally friendly toward Chairman Barney Frank's efforts to pass legislation that would regulate Internet gambling rather than banning it entirely. A 2006 law banned Internet gambling and also barred financial institutions from accepting payments from credit cards, checks or electronic fund transfers to settle online gambling bets. Many of the witnesses testified that the best way to control Internet gambling is to legalize it, which will allow officials to license, regulate and tax online gaming.

Blumenthal: Diverse HIE methods will emerge

Health information exchange will spring from a variety of sources and methods beyond the federal government's work to set-up a nationwide health information network (NHIN), Dr. David Blumenthal, national coordinator for health IT, said. Standards for interoperability will be the key to collecting data once for many uses of HIE, including clinical treatment, comparative effectiveness research, bio-surveillance, medical safety and post-marketing surveillance of new medications, the health IT leader said. The Office of the National Coordinator will produce regulations by the end of this month with standards and certification criteria for electronic health records, he said. The regulation will include definitions of data elements that EHRs must be capable of reporting.

Ready for Open Government?

One of President Obama's first acts when he entered the White House on Jan. 20 was to issue an open government memo. In it, Obama said he wanted agencies to "harness new technologies to put information about their operations and decisions online and make them readily available to the public." The idea: Government should be more transparent, work more with agency and business partners, and more actively seek the public's opinion about policies. But the majority of isn't completely sold on the open government initiative, according to a survey of 271 federal managers conducted by the Government Business Council, a business arm of Government Executive, in October. For the most part, federal managers are enthused about making more data available to the public, but they also are mostly satisfied with the amount of interaction they now have with the public, which is not often, according to the survey.