November 2011

Judges Weigh Phone Tracking

State and federal authorities follow the movements of thousands of Americans each year by secretly monitoring the location of their cellphones, often with little judicial oversight, in a practice facing legal challenges.

Electronic tracking, used by police to investigate such crimes as drug dealing and murder, has become as routine as "looking for fingerprint evidence or DNA evidence," said Gregg Rossman, a prosecutor in Broward County (FL). The use of cellphone tracking by authorities is among the most common types of electronic surveillance, exceeding wiretaps and the use of GPS tracking, according to a survey of local, state and federal authorities by The Wall Street Journal. The widening practice also presents one of the biggest privacy questions in a generation: Do police need a search warrant to follow a person's minute-by-minute movements using satellite or cellphone technology?

Schmidt says governments, not Google, should help ease bandwidth squeeze

Google executive chairman Eric Schmidt noted that Taiwan already fared better than the US in terms of broadband penetration, the speed of its internet, and the percentage of its people with smartphones. Yet there was still one looming problem, he noted, and that was the rising cost of building more advanced telecommunications networks. This is an issue globally because the spread of smartphones and the rise of mobile computing has meant a surge in demand for data delivered over telecom networks, to the extent that it is threatening to exceed operators’ capacity to do so at high speeds. “The good news,” Schmidt told Douglas Hsu, chairman of Far Eastone, one of Taiwan’s biggest telecom operators, in front of an audience of hundreds, “is that your customers love you . . . the problem is that they love you too much.” Schmidt said that the capacity issue could be resolved in the short term by increased investment into existing telecom infrastructure, but “that would [only] buy us some time”. If data usage continues to increase at the current rate, beyond the five- to eight-year time frame “I don’t know exactly how we’ll solve that problem,” he said. Still, Schmidt argued that one solution was for governments around the world to do more to help network operators to roll out faster and better networks. “I think it is important that governments realize that we need to make it easier for telcos to get financing” for infrastructure investments.

Schmidt defended his company as a great innovator, contradicting an unflattering portrait drawn by Apple (AAPL) co-founder Steve Jobs before he died last month. Schmidt told reporters that he is still "very sad and recovering from the sense of loss" from Jobs' death Oct. 5.

Facebook blames US immigration policy for Silicon Valley talent war

Sheryl Sandberg, chief operating officer for Facebook, said US education and immigration policy were to blame for the fierce battle Silicon Valley technology companies were fighting over engineers. American universities should be “stapling a visa to every high-tech diploma” it issues to non-US students, Ms Sandberg said, rather than send foreign students back to their home countries to build companies that will compete with US ones. “Those people, not only do they not take jobs from other Americans, they create jobs for other Americans if we could keep them here,” she said. Zuckerberg said the problem was education and that US universities were not graduating enough engineers to meet demand.

Cable TV, going the way of newspapers

[Commentary] Cable TV sellers will likely endure misery in the coming years similar to that visited upon US newspapers in the last few decades. In fact, the decline has already started, and to survive, cable providers are going to have to become much more nimble. Americans have been buying steadily fewer cable TV subscriptions over the past decade, according to figures from SNL Kagan. Numbers of cable TV subscriptions rose in the US every year from 1980 through 2001, but have since been on a slow slide. While the weak economy has led some American families to unplug their cable packages, a stronger underlying cause is the online accessibility of news and entertainment. It may take a few years for a crisis in cable TV sales to be widely appraised, but the medium is trending quite like US newspapers before that industry’s famine.

[Martin is the CLAS-Honors Preceptor of Journalism at the University of Maine and a columnist for Columbia Journalism Review]

KCET and Eyetronics Announce First Slate of Original Programs

Independent public television station KCET and Eyetronics Media and Studios have announced their first slate of new original series, stemming from their partnership to produce and acquire programming centered on Southern California.

The lineup is led by Ocean Alive, hosted by filmmaker and ocean explorer Jean-Michel Cousteau. The series will bring celebrities and public figures to locations in Southern California to explore its marine life and discuss ecological preservation. The series will also feature interactive media. Department of State is a weekly half-hour series that features discussion and analysis with global media correspondents and public figures. California Game Changers, also a weekly half-hour program, will explore California's unique industries, innovators and inventions. Classic Cool Theatre will present classic films each week, while RetrostoryTM also takes a look back in a biweekly documentary series that examines the 20th century from the Southern California perspective. Both Classic Cool Theatre and RetrostoryTM will include content from Eyetronics' digital library of films, rare footage, newsreels, cartoons, serials, documentaries, TV movies and series.

Senate bill powers up state online sales taxes

State governments would be able to collect online sales taxes under a bill due to be introduced in the Senate on Nov 9. Supporters of the online sales tax collection requirement include Wal-Mart Stores, Target and other "big box" retailers who argue they are at a disadvantage against online-only competitors. A bipartisan group of up to seven senators will introduce the bill, which is broader than similar legislation introduced in the Senate in July.

The new bill will differ from a bill in the House of Representatives by affecting more small businesses under a lower exemption threshold, the sources said. State and local governments support the upcoming bill even more than earlier measures. Retailers have been exempted from collecting taxes on sales in states where they do not have a physical presence since a 1992 Supreme Court case -- before the advent of e-commerce. Backers of the new bill say state and local governments will lose $24 billion in uncollected sales taxes in 2012 without the power to tax Web transactions. States have worked for more than a decade to streamline rules and get congressional approval to collect the taxes.

Apple Must Reveal Australia Mobile-Phone Contracts to Samsung, Judge Rules

Apple must provide Samsung with its contracts with Australian mobile-phone carriers as the South Korean company demanded in a patent dispute with the iPhone maker, a judge ruled. Apple needs to produce agreements it has with Vodafone Group Plc, SingTel Optus Ltd. and Telstra Corp., should Apple fail to agree on an assertion in Samsung’s patent lawsuit that the carriers are contractually obliged to subsidize iPhone sales, Australia Federal Court Justice Annabelle Bennett ordered.

AOL-Microsoft-Yahoo Team Up to Sell 'Premium' Ads

AOL, Microsoft, and Yahoo officially announced a rumored partnership today, one that would allow advertisers to buy inventory from all the three companies.

The partnership covers "premium, non-guaranteed display inventory," namely, display advertising that's normally sold through ad networks rather than the companies' sales teams, said Ross Levinsohn, Yahoo's executive vice president for the Americas, in a press conference Tuesday afternoon. He called the move a "fundamental rethink of how our digital media is bought and sold." Starting in January, an advertiser will be able to approach Yahoo, AOL, or Microsoft and purchase ads across Yahoo Network Plus, AOL's Advertising.com, and/or the Microsoft Media Network.

BBB Releases First Behavioral Ad Self-Regulation Responses

The Better Business Bureau has announced the first six compliance agreements with online marketers under its Online Interest-Based Advertising Accountability Program behavioral advertising self-regulatory regime, most dealing with the duration of their opt-out options.

According to the BBB, each company has voluntarily modified its policies to comply with the principles. BBB started testing the opt-out mechanisms of advertisers across five different browsers, resulting inquiries and agreements from marketers FMX, Martini Media, PredictAd, QuinStreet, Reedge, and Veruta. FMX's opt-out option had a six-month expiration date, which the company agreed to change to five years, as the principles state. Same for Martini Media. PredictAd's one-month expiration from the date of the opt out request was also upgraded to the industry standard. QuinStreet's opt out policy was confusing, while Veruta's was insufficiently accessible due to a missing link.

Small Ops Turn to Broadband for Growth

As a sluggish economy, stiff competition and nearly non-existent new housing formation continues to lead to basic video customer losses, small cable operators are increasingly turning to another product to drive growth - broadband - according to a panel discussion at the SNL Kagan Cable MSO Summit. Cable companies have lost a collective 8 million basic video subscribers since 2001 and the trend is expected to continue for the next several years. SNL Kagan estimates that cable customers will fall below 53 million in 2021, down from 58.9 million in 2011. But while basic video customers have been leaving for other providers, over the top services, or are just avoiding a video service all together, some smaller market MSOs have managed to mitigate some of the pain by switching their focus to higher margin high-speed data service.