June 2011

Legislation pushed to legalize and regulate online poker sites

A bipartisan group of lawmakers introduced a bill that would legalize and license online poker sites, two months after the Obama Administration shut down sites used by an estimated 10 million Americans.

“Poker is an all-American game, and it’s a game that requires strategy and skill. Millions of Americans play poker online,” said Rep Joe Barton (R-TX), who authored the bill. The bill would create a licensing regime for online poker, with the Commerce Department creating specific standards under which state and tribal gaming commissions could license poker sites. For the first two years of the program only race tracks, card rooms and casinos of a certain size would be able to secure licenses, meaning the corporations that currently control the U.S. gambling industry will likely dominate online in the short term. The sites would have to prove that they are fair, able to screen out minors, ensure tax collection and prevent money laundering in order to secure licenses. States would be able to opt out of legalizing online poker through legislative means.

Co-sponsors are Shelley Berkley (D-NV), John Campbell (R-CA), Steve Cohen (D-TN), Pete King (R-NY) and Linda Sanchez (D-CA).

Crocker is New ICANN Chairman

Steve Crocker, who as a UCLA grad student in the late ‘60s helped develop the foundation for the Internet today, is the new chairman of the organization responsible for the Internet’s address system. Crocker’s appointment came as the Internet Corporation for Assigned Names and Numbers wrapped up weeklong meetings in Singapore. Crocker succeeds Peter Dengate Thrush, who has been chairman since 2007. Crocker is the second Internet founding father in that role. Vint Cerf served from 2000 to 2007. Both were involved in developing the mechanisms for different computer networks to talk to one another.

Tech Community Lining Up Against Digital Piracy Bill

The tech community has begun to marshal its forces against the Protect IP Act, a bill aimed at shutting down rogue websites. Some 50 venture capitalists fired off a letter to members of Congress in which they charge that the act, which has already been approved by the Senate Judiciary Committee, would "chill investment in the Internet, throttle innovation, and hurt American competitiveness."

"The bill is ripe for abuse, as it allows rights holders to require third parties to block access and take away revenue sources for online services, with limited oversight and due process," wrote Brad Burnham of Union Square Ventures, which has funded Internet companies such as Twitter, Foursquare, Boxee, Kickstarter, Clickable, and Zynga. His letter was signed by 53 other venture capitalists representing 40 firms, including AOL Ventures, Andreessen Horowitz, and EDventure Holdings.

The Motion Picture Association of America is striking back, hard, against the venture capitalists and their letter. "We can’t keep being asked to choose between technology and creativity, and we can’t stand by as criminals profit from the hard work of the millions of American men and women of the creative and entertainment industry," Michael O'Leary, the MPAA's executive vice president for government affairs, said in a statement. "This is a smart, narrowly-crafted bill whose purpose is stopping theft, not slowing innovation. All we’re asking is that the innovators play by the rules.”

Three Questions the FTC May Study in Google Antitrust Probe

Google, the dominant navigator and king-maker of the web, is finally getting the antitrust inquiry from the Federal Trade Commission that its competitors and opponents have long hoped for, a challenge that goes to the very core of the search titan's business practices.

  1. Does Google's ad auction operate fairly? Companies that advertise on Google bid against each another to place a "sponsored result" on its search-result pages. But there is unfair pricing pressure in some instances. Whenever Google places a "house ad" on a search term, such as an ad for its photo product Picasa that shows up when consumers search for "photos," the company takes up a keyword ad slot and thereby boosts scarcity.
  2. Does Google favor its commerce affiliates? Google also sometimes places links to members of its Affiliate Network, which includes marketers such as Target and Land's End, in sponsored search results. But these are effectively house ads, placed at no cost to affiliates. Google gets an affiliate fee for any product a person buys through this network, so it is in Google's interest to show affiliate links free of charge.
  3. Does Google unfairly promote its own products in search? Most of Google's efforts these days center on building its position outside search, in display ads, maps, mobile and social. And searches for an address, for example, typically return Google Maps results first. In some cases, competing map engines such as MapQuest don't even show up in the first page. The government might well argue this is an anti-competitive practice. Google may say its Maps product offers the best result, meaning it provides the most value to consumers.

The road to antitrust is paved with good intentions

In a recent blog post, Google Fellow Amit Singhal — the head of Google’s core ranking team — began the company's response to an antitrust inquiry from the Federal Trade Commission.

He reiterates several times that “using Google is a choice,” and says the company tries hard to be as competitive as possible by doing a number of things (the obvious implication being that some competitors don’t), including:

  1. Provide the most relevant answers as quickly as possible. Singhal says Google is “always trying to figure out new ways to answer even more complicated questions” and advertisements “offer useful information, too.”
  2. Label advertisements clearly. Google “always distinguishes advertisements from our organic search results,” the blog post says, and will “continue to be transparent about what is an ad and what isn't.”
  3. Be transparent. Singhal says Google shares “more information about how our rankings work than any other search engine.”
  4. Loyalty, not lock-in. The Google post says the company believes “you control your data, so we have a team of engineers whose only goal is to help you take your information with you.” (This one is probably aimed at Facebook and its refusal to let you download your contact info.)

Rep Latta Introduces FCC Cost-Benefit Bill

Rep. Robert Latta (R-OH) has introduced a bill, the Analysis of Benefits and Costs Act, that would require the Federal Communications Commission to conduct a cost-benefit analysis of proposed rules. It mirrors one of the proposals in a draft bill circulated this week by Rep. Greg Walden (R-OR), chair of the House Communications Subcommittee of which Rep Latta is also a member.

The new web will need a new network

It’s been more than a decade since the large construction of fiber networks crisscrossing the world in response to the first web boom, and since then, the Internet has grown to become interwoven with every aspect of our daily lives. Billions now have a web connection, from either a mobile phone or a fiber to the home connection, if not both. Now the fiber boom is back, but the next generation network isn't just more fiber; it’s an entirely new type of network that fits what we now expect the web to do: Be smarter and be everywhere we are.

To do that, Allied Fiber is building a new kind of fiber network that combines not just network materials, but also data centers, to bring connectivity at competitive places over more and more of the country. Within the next three weeks, Allied Fiber will order its fiber cable, and six months later, the network will begin taking traffic. The premise is radical in that founder Hunter Newby has envisioned a way to bring terabyte connections across a certain swath of America by building out a new type of infrastructure, and leasing it out to other providers.

Why Is Mighty Time Warner So Scared of Tiny Salisbury, NC?

[Commentary] Conservatives would have us believe the public sector can't compete with the private sector. The private sector itself knows better. Nowhere is this more evident than in the telecommunications sector.

People hate their telecommunications companies. The poster child for poor customer service in the public sector may be the Department of Motor Vehicle Bureau, but its unresponsiveness and arrogance pales into insignificance to those of Time Warner Cable, Comcast, and AT&T. Cities now view high speed broadband networks as essential infrastructure like water, sewer, and roads. The increased importance of high speed broadband in everything from business to education to entertainment coupled with soaring prices, slow speeds and bad service from private providers finally led cities to take matters into their own hands and build their own broadband networks. Today, over 54 cities own citywide fiber networks. When a public network opens for business, a town finally experiences effective competition, and it shows.

[Morris is the Director of the New Rules Project]

What Shoppers Don’t Realize About Amazon’s Reviews

For many online shoppers, Amazon is their starting point for researching products they want to buy -- and Amazon’s customer reviews, in particular, play a key role in those purchasing decisions. But there is some new evidence suggesting that Amazon’s customer reviewers—particularly the top 1,000 reviewers—do not always make independent decisions about which books and other products they write about.

According to a new Cornell study that we previewed last week, the reviewers in many cases acknowledge that in order to maintain their high rankings and continue to receive free products (one of the perks of being a top reviewer), they have to make surprisingly calculated decisions about what to review and what to say about those products. The author of the study, Cornell professor Trevor Pinch, says the fundamental problem is that people reading the reviews probably naturally assume that the Amazon reviewers are regular shoppers just like them—when, in fact, their relationship to the products they review can be a little more complicated. “The issue of the ‘customers’ not really being customers needs to be addressed,” says Pinch, who surveyed 166 of Amazon’s top 1,000 reviewers for his study.

New Jersey Assembly rejects plan to transfer NJN management to NY-based WNET

The New Jersey Assembly rejected Gov. Chris Christie’s plan to turn over management of New Jersey public television to WNET, delivering a political blow to Gov Christie (R) while leaving the fate of the state’s public broadcasting network in limbo.

In a vote of 45 to 30, the Assembly blocked the five-year contract that would allow Public Media NJ, a subsidiary of Channel 13 WNET, to be incorporated in New Jersey, to operate New Jersey public TV. Several who voted to nix the deal complained about an out-of-state entity operating a New Jersey asset. "Giving NJN to New York makes no sense," said the resolution’s sponsor Patrick Diegnan (D-Middlesex) before the vote. "We need to make NJN stronger and not give it away." Sen. Loretta Weinberg (D-Bergen) introduced a similar resolution in the Senate. That body could vote on June 27, but it must pass by June 28 to prevent the deal from going through.