June 2011

FBI Seizes Web Servers, Knocking Sites Offline

The Federal Bureau of Investigation seized Web servers in a raid on a data center early June 21, causing several Web sites, including those run by the New York publisher Curbed Network, to go offline.

The raid happened at 1:15 a.m. at a hosting facility in Reston (VA) used by DigitalOne, which is based in Switzerland, the company said. The FBI did not immediately respond to a request for comment on the raid. In an e-mail to one of its clients, DigitalOne’s chief executive, Sergej Ostroumow, said: “This problem is caused by the F.B.I., not our company. In the night F.B.I. has taken 3 enclosures with equipment plugged into them, possibly including your server — we cannot check it.” Ostroumow said that the F.B.I. was only interested in one of the company’s clients but had taken servers used by “tens of clients.”

Commerce secretary nominee John Bryson promises 'relentless focus' on jobs

John Bryson, the former Southern California utility executive nominated to be Commerce secretary, promised senators that he would have a "relentless focus" on job creation as he tried to ease concerns that his environmental views were too liberal.

Bryson, 67, faced some tough criticism during his confirmation hearing Tuesday for favorable comments he made in 2009 about legislation to limit carbon emissions. The concerns were largely from Republicans but also came from Senate Commerce Committee Chairman John D. Rockefeller IV (D-WV). Although he lauded Bryson's 18 years as chief executive of Edison International and service on some high-powered corporate boards, Rockefeller said he wanted assurances that the coal industry in his state had nothing to fear should the nomination be confirmed. "They will be worrying … 'Is this person going to be one of those people who tries to crush our existence?' " Chairman Rockefeller said. Bryson told the chairman that he supported the use of coal as part of a diversified portfolio of energy sources at Edison. And he tried to assure Chairman Rockefeller and others on the committee that environmental issues would not be his priority as Commerce secretary. "I will be focused … on jobs," Bryson said. As part of that, he said, he would work to simplify the tax code and eliminate unnecessary regulation.

Commerce Department nominee deserves the job

[Commentary] John Bryson's nomination to be President Obama's next secretary of Commerce has been met with the predictable combination of delusion and obstructionism that characterizes the modern confirmation process. Some Senate Republicans vow to hold him hostage to the passage of several long-sought free-trade agreements; others insist they will reject him based on his presumed politics, which they wish were more like theirs. None has advanced an argument worthy of defeating this nomination, and though sensible people will withhold a final judgment until after Bryson is questioned, his credentials are encouraging, as are the endorsements of those who know him.

'4G' wireless data must be spelled out under bill

With the meaning of "4G" seemingly different for every wireless carrier, Rep Anna Eshoo (D-CA) will introduce a bill to force companies to disclose the speeds of their next-generation networks in stores and on customer bills.

The Next Generation Wireless Disclosure Act would require carriers to inform consumers of minimum data speeds, network reliability and coverage, and the technology used to provide "4G" service. Consumer groups issued statements of support for disclosure rules around 4G. Sascha Meinrath, director of the New America Foundation's Open Technology Initiative, criticized "Orwellian doublespeak advertising" among wireless carriers that tout "lightning-fast" or "supercharged" speeds without elaborating. "Transparency rules that provide consumers with basic information regarding the actual price, minimum speed, and plain-language terms of service are desperately needed," Meinrath said. Once Eshoo's legislation is introduced, it will be up to Rep. Greg Walden (R-OR) as to whether the bill will get a hearing. Walden is the chairman of the House Energy and Commerce Committee's subcommittee on communications and technology.

PTC Wants FCC To Revamp V-Chip/Ratings System

The Parents Television Council is calling on the Federal Communications Commission to revamp the V-chip ratings system in the wake of three new studies published in the July issue of Pediatrics showing that parents are underwhelmed by it. "The researchers found that fewer than one in five parents believe they can rely on the rating systems for movies, TV and video games," said PTC President Tim Winter.

FCC Releases Agenda for July Meeting

Federal Communications Commission Chairman Julius Genachowski announced that the following items will be on the tentative agenda for the next open meeting scheduled for Tuesday, July 12, 2011:

  • Low Power FM and FM Translator Stations Third Further Notice of Proposed Rulemaking: A Notice of Proposed Rule Making seeking comment on the impact of the Local Community Radio Act on the future licensing of low power FM and FM translator stations.
  • Cramming Notice of Proposed Rulemaking: A Notice of Proposed Rulemaking designed to empower consumers to prevent and detect unauthorized telephone bill charges (“mystery fees” or “cramming”) by improving the disclosure of third-party charges on wireline telephone bills.
  • E911 Location Accuracy Third Report and Order, Second Further Notice of Proposed Rulemaking, and Notice of Proposed Rulemaking: A Report and Order enabling a more effective emergency response system by ensuring that 911 call centers continue to receive precise wireless E911 location information, and a Second Further Notice of Proposed Rulemaking and a Notice of Proposed Rulemaking seeking to improve E911 location accuracy and reliability for existing and new voice communications technologies, including Voice over Internet Protocol (VoIP).

FCC Grandfathers Rural Health Projects

The Federal Communications Commission adopted an Order permitting health care providers that are located in a “rural area” and that have received a funding commitment from the rural health care program prior to July 1, 2005, to continue to be treated as if they are located in “rural” areas for purposes of determining eligibility for all universal service rural health care programs.

In the accompanying Notice of Proposed Rulemaking (Notice), the FCC seeks comment on whether to make these “grandfathered” providers permanently eligible for discounted services under the rural health care program. Grandfathered providers do not currently qualify as “rural,” but play a key role in delivering health care services to surrounding regions that do qualify as “rural” today. Thus, the FCC takes these actions to ensure that health care providers located in rural areas can continue to benefit from connecting with grandfathered providers, and thereby provide health care to patients in rural areas

The downside of Facebook as a public space: Censorship

The benefits of being on Facebook are fairly obvious by now: you can connect to friends and family and share things with them no matter where they are — and it’s all free! This quasi-public space is also owned and controlled by a corporate entity, however, and it has its own views about what kinds of behavior should be allowed. That inevitably raises questions about whether the site is engaging in what amounts to censorship — questions that resurfaced this week after a page belonging to film critic Roger Ebert disappeared, and a group of protesters in Britain found their content blocked. Who is watching the watchmen?

How Apple's iCloud Could Squeeze Billions More From Tightfisted Music Lovers

Seventy-six percent of iPhone users surveyed said they were likely or very likely to use Apple's forthcoming free iCloud service, according to a survey by RBC Capital Markets. But even more remarkable is the number of iPhone users that said they were somewhat likely to drop $25 per year for Apple's iTunes Match Service: 30% indicated they were willing to pay for the privilege of organizing (and laundering) their music in Apple's cloud. And that's good news for labels that signed on with Apple.

T-Mobile responds to Sprint, other merger opponents

T-Mobile’s senior vice president of government affairs, Tom Sugure, has issued a formal statement to those who oppose AT&T's acquisition of his company:

“The opponents of the AT&T-T-Mobile merger have had their final say as part of the FCC’s formal pleading cycle and, not surprisingly, they have failed to offer any credible arguments to support their view that the Commission should deny the transaction."

Sprint, which has lashed back at the acquisition from the get-go has said the purchase will stifle innovation. ”What is surprising, however, is their repeated head-in-the-sand insistence that no spectrum crisis exists,” Sugrue added. “As part of their application, AT&T and T-Mobile provided a compelling showing of their need for more spectrum to continue to provide quality service to customers and roll out new technologies in the future. And the two companies have demonstrated that a combination of their networks and spectrum holdings is by far the best way to solve this problem and ensure improved service and enhanced innovation. The FCC has long acknowledged the harmful consequences of ignoring the spectrum crunch, and we are confident it will approve our proposed market-based solution.”