February 2010

When Fair Use Isn't Fair -- audio

A Q&A with Public Knowledge President Gigi Sohn. To some in Hollywood and the music industry, there's a fine line between using movie and audio clips to create new works and flat-out copyright infringement. Every time you listen to your iPod, every time you use your TiVo, every time you watch "The Daily Show," you're participating in something called fair use. It's what makes documentary films and news programs, including this one, a lot easier to produce. But unless you're an intellectual property lawyer, your probably spend much time thinking about fair use. That's why advocates in Washington, D.C. organized the somewhat grandly titled World's Fair Use Day.

Wrong kind of buzz around Google Buzz

[Commentary] The launch of Google Buzz has set various parts of the technology blogosphere afire -- and for all the right reasons: it does introduce a number of interesting social features that could make our email experience more social. However, what tech pundits have mostly overlooked is a peculiar privacy choice made by Google's designers: unless you tinker with Buzz's settings, a partial list of your most-e-mailed Gmail contacts might be automatically made public. Yes, that's right: without you ever touching Google Buzz's privacy settings, the entire world may know who you correspond with (yes, including that secret lover of yours and that secret leaker at the White House).

This could be an extremely uncomfortable and tragic privacy disaster for Google, potentially of the same magnitude that Beacon was to Facebook. I certainly don't have many concerns about those who are cheating on their spouses or are leaking sensitive information to journalists-- they will survive (even though the future of whistle-blowing does not look very bright in our increasingly overexposed information environment). Nevertheless, I am extremely concerned about hundreds of activists in authoritarian countries who would never want to reveal a list of their interlocutors to the outside world. Why so much secrecy? Simply because many of their contacts are other activists and often even various "democracy promoters" from Western governments and foundations. Many of those contacts would now inadvertently be made public.

10 Tips for Non-Profits on Facebook

Facebook can be a valuable tool for non-profits worldwide.

Here's 10 tips: 1) Create a Facebook Page. 2) Use Causes. 3) Make Your Facebook Page Unique. 4) Be Active. 5) Talk Back. 6) Create an App, Game or Quiz. 7) Add a Store, Donations or Other Boxes. 8) Heed Feedback. 9) Segue Into Other Media. 10) Buy a Facebook Ad.

FCC Releases Census Tract-level Broadband Data

On Feb 12, the Federal Communications Commission released the first High-Speed Services for Internet Access report to be based on the new census tract-based Form 477 data collection requirements. For the first time, this report summarizes information about fixed-location Internet access connections in 3,232 counties and 66,287 census tracts and in 72 combinations of upload and download advertised transmission speeds. Additionally, the report summarizes information about subscribers with full Internet access at transmission speeds above 200 Mbps as part of their mobile wireless service package.

High-speed Internet access connections to homes and businesses over fixed-location technologies increased by 10% during 2008, to 77 million. By contrast, the annual rate of increase was 17% during 2007.

At year-end 2008, 25 million mobile wireless service subscribers had mobile devices (such as laptops and smartphones) with high-speed data plans for full Internet access. These subscribers are a subset of the 86 million subscribers whose mobile device was capable of transmitting information at speeds above 200 Mbps, including subscribers who purchased only a voice service plan for the handset and subscribers whose data service included only customized-for-mobile content.

Reported connections for the most widely adopted fixed-location technologies, cable modem and adsl, increased by 14% and 3%, respectively, during 2008, to 41 million cable modem connections and 30 million adsl connections, with the cable modem increase being partly due to more comprehensive reporting by small cable systems. A 56% increase in total FTTP connections, to 3 million, was the largest rate of increase among fixed-location technologies.

Check Out the FCC's Useless Broadband Competition Map

The Federal Communications Commission released data today detailing the spread of high-speed Internet connections across the nation as of the end of 2008, including a map of broadband providers by census tract. You might be thinking, "Wow, that's awesome — so why are we spending $350 million to create such a map as part of the broadband stimulus bill?" It's because the FCC map is worthless. The map defines broadband as any technology (excluding mobile broadband providers) delivering speeds of 200 Mbps down. I challenge folks to surf to Facebook, the new video-heavy CNN site or even get their Gmail over such a connection. It's not a fun experience. Plus, at those speeds video streaming isn't going to happen at all. However, there are only a few areas of the nation that don't have access to at least 200 Mbps at the end of 2008, and according to the map many folks have a choice of between four and six providers. However, given that some of those are undoubtedly meeting the old minimum standard of 200 Mbps or even the new minimum standard of 768 Mbps, I can't say this map really proves a competitive broadband market for anyone who wants to do anything more than get email.

Justice Department Forms New Intellectual Property Task Force as Part of Broad IP Enforcement Initiative

Attorney General Eric Holder announced the formation of a new Department of Justice Task Force on Intellectual Property as part of a Department-wide initiative to confront the growing number of domestic and international intellectual property (IP) crimes.

The Attorney General's announcement follows a summit meeting convened last December by Vice President Biden, a long-standing champion of U.S. intellectual property rights-holders. At that meeting, which was attended by Attorney General Holder and other cabinet heads, the Vice President discussed the importance of stronger enforcement and supported actions to raise the priority of combating IP theft and improving coordination -- including the establishment of an intellectual property task force at the Department of Justice.

The Task Force, to be chaired by the Deputy Attorney General, will focus on strengthening efforts to combat intellectual property crimes through close coordination with state and local law enforcement partners as well as international counterparts. It will also monitor and coordinate overall intellectual property enforcement efforts at the Department, with an increased focus on the international aspects of IP enforcement, including the links between IP crime and international organized crime. Building on previous efforts in the Department to target intellectual property crimes, the Task Force will also serve as an engine of policy development to address the evolving technological and legal landscape of this area of law enforcement.

As part of its mission, the Task Force will work closely with the recently established Office of the Intellectual Property Enforcement Coordinator (IPEC), housed in the Executive Office of the President and charged with drafting an Administration-wide strategic plan on intellectual property. As part of its mission, the Task Force will assist IPEC in recommending improvements to intellectual property enforcement efforts.

The Task Force will include representatives from the offices of the Attorney General, the Deputy Attorney General, and the Associate Attorney General; the Criminal Division; the Civil Division; the Antitrust Division; the Office of Legal Policy; the Office of Justice Programs; the Attorney General's Advisory Committee; the Executive Office for U.S. Attorneys and the FBI. As part of its broader intellectual property initiative, the Department will also step up policy engagement with foreign law enforcement partners, develop a plan to expand civil IP enforcement efforts, and leverage existing partnerships with federal agencies and independent regulatory authorities such as the Department of Homeland Security and the Federal Communications Commission.

Obama Administration Announces $1 Billion Investment in Advancing Use of Health IT

Health and Human Services Secretary Kathleen Sebelius and Labor Secretary Hilda Solis announced a total of nearly $1 billion in Recovery Act awards to help health care providers advance the adoption and meaningful use of health information technology (IT) and train workers for the health care jobs of the future. The awards will help make health IT available to over 100,000 hospitals and primary care physicians by 2014 and train thousands of people for careers in health care and information technology. This Recovery Act investment will help grow the emerging health IT industry which is expected to support tens of thousands of jobs ranging from nurses and pharmacy techs to IT technicians and trainers.

The over $750 million in HHS grant awards Secretary Sebelius announced today are part of a federal initiative to build capacity to enable widespread meaningful use of health IT. This assistance at the state and regional level will facilitate health care providers' efforts to adopt and use electronic health records (EHRs) in a meaningful manner that has the potential to improve the quality and efficiency of health care for all Americans. Of the over $750 million investment, $386 million will go to 40 states and qualified State Designated Entities (SDEs) to facilitate health information exchange (HIE) at the state level, while $375 million will go to an initial 32 non-profit organizations to support the development of regional extension centers (RECs) that will aid health professionals as they work to implement and use health information technology - with additional HIE and REC awards to be announced in the near future. RECs are expected to provide outreach and support services to at least 100,000 primary care providers and hospitals within two years.

The more than $225 million in DOL grant awards Secretary Solis announced will be used to train 15,000 people in job skills needed to access careers in health care, IT and other high growth fields. Through existing partnerships with local employers, the recipients of these grants have already identified roughly 10,000 job openings for skilled workers that likely will become available in the next two years in areas like nursing, pharmacy technology and information technology.

The grants will fund 55 separate training programs in 30 states to help train people for secure, well-paid health jobs and meet the growing employment demand for health workers. Employment services will be available via the Department of Labor's local One Stop Career Centers, and training will be offered at community colleges and other local education providers.

Google's Big Fiber Play: What Gives?

[Commentary] Why Google would want to undertake such a major project as building a high-speed network? It is not exactly clear yet.

It's doubtful that Google would want to deliver broadband service to every home in the United States. So what is the search giant up to this time? Is Google's goal to influence national broadband policies? Maybe Google wants to show that traditional ISPs are deploying broadband ineffectively.

It's hard to know for sure what Google's up to, but here are five different possibilities:

1) Google Is Trying To Shape Broadband Policy.

2) ISPs Must Bend To The Will Of Google.

3) Google's broadband Plan is Naive.

4) Google's advertising network is focused on delivering relevant advertising to Google users, so it's not unreasonable to wonder if the commercial interests of Google the ISP and Google the advertising network wouldn't conflict with the privacy interests of Google's broadband customers.

5) Google Is Building Up Municipal Broadband.

Google's entry into broadband world already concerning to some

Google's announcement this week that it would launch an ultra-high speed broadband network won the praise of industry experts, who hope the search-engine giant can drive Web competition and innovation. But not all are pleased: A handful of industry watchdogs fear Google's entry into a market dominated by providers like Comcast and Verizon could undermine users' privacy. Their concerns seem to rest with the company's historic advertising capabilities. Frequent users of Gmail and Google search have doubtlessly noticed their mail or search results include advertisements targeted to their interests. That's no mistake, as Google has profited quite handily from its ability to analyze and market its own users' interests. But Google's entry into the ISP market has some concerned it might do similarly with a user's entire Web clickstream -- discerning through one web goer's online session what he or she likes, and using that content for business or other means.

Building the perfect Bellhead

[Commentary] No one is entirely sure what Google is up to with its announcement of trial plans for a 1 Gbps fiber-based, open access broadband service. We could speculate on how Google is trying to prove that open access works, or that traditional network operators are keeping customers from reaching their full speed potential, but there are plenty of other folks already debating those issues. It might be more fun to consider what most people believe to be the least likely scenario -- that the big Nethead really wants to be a Bellhead (phone company employee that typically believes in networks based on circuit switching as opposed to packet switching). Here's five reasons this outrageous line of thinking could be true:

1) Bellhead network technology: Google's focus on fiber rather than wireless proves that Google is trying to beat the Bellheads at their own game in urban residential and business settings. It's looking for speeds and consistency that wireless still isn't capable of providing.

2) Google is rumored to be considering buying the US operations of T-Mobile -- a deal that would put the company on par with AT&T and Verizon.

3) The transformation into a network operator may be easier than people think.

4) Google learned important lessons from earlier missteps -- Google Voice, the Nexus One phone and Google's early municipal WiFi strategy in partnership with EarthLink about how to properly roll out a telecom service (with Google Voice), how to respond to customer problems (with Nexus One) and how to get a buy-in from potential customers (consumers of WiFi) and customer-partners (municipalities want to provide WiFi).

5) Competitive advantages: In a Google broadband service scenario, a Google-owned fiber could lead into a household where a consumer uses an Internet-connected TV to search via Google for Internet-based videos, some of which they might even find at Google-owned YouTube. No Bellhead can match that.