December 2011

Apple Loses Bid For Preliminary Injunction On Samsung’s Galaxy Tab In US

After months of forcing Samsung to scramble in courtrooms around the world, Apple was denied an injunction against sales of the Galaxy Tab in its own back yard following a U.S. court’s ruling. The case is far from over, but Samsung can breathe a little easier knowing it won’t face an injunction just as the holiday shopping season kicks in. After initially appearing to favor Apple’s argument that the Galaxy Tab violates design patents on Apple’s iPad during court hearings, Judge Lucy Koh ruled that Apple was not being harmed enough by the sale of Samsung’s tablets to warrant a preliminary injunction.

The internet as a diversion and destination

Americans are increasingly going online just for fun and to pass the time, particularly young adults under 30.

On any given day, 53% of all the young adults ages 18-29 go online for no particular reason except to have fun or to pass the time. Many of them go online in purposeful ways, as well. But the results of a survey by the Pew Research Center’s Internet & American Life Project show that young adults’ use of the internet can at times be simply for the diversion it presents. Indeed, 81% of all young adults in this age cohort report they have used the internet for this reason at least occasionally. These results come in the larger context that internet users of all ages are much more likely now than in the past to say they go online for no particular reason other than to pass the time or have fun. Some 58% of all adults (or 74% of all online adults) say they use the internet this way. And a third of all adults (34%) say they used the internet that way “yesterday” – or the day before Pew Internet reached them for the survey. Both figures are higher than in 2009 when we last asked this question and vastly higher than in the middle of the last decade.

TV isn't broken, so why fix it?

The technology industry is absolutely bent on reinventing television. But nobody seems to be able to answer the big question: what exactly is so broken about TV anyway?

It's true that the TV guide in most cable systems is pretty awful -- it looks like Yahoo circa 1994. It's a pain fiddling with a bunch of different remotes. It might be kind of nice to watch YouTube videos on a big screen in the living room. But I'm going to go out on a limb here and say that most TV viewers simply won't care enough about any of this stuff to shell out $1,500 for a new Apple TV, or spend a few hundred bucks and countless hours fiddling around adding a new box to their TV set and figuring out how it works. All of these are destined to be niche products at best -- just like every other attempt to improve TV over the last 20 years.

Markey, Barton Friend Zuckerberg

Reps Ed Markey (D-MA) and Joe Barton (R-TX), co-chairs of the Congressional Privacy Caucus, have asked Facebook CEO Mark Zuckerberg to attend a Dec. 14 briefing on teens and online privacy.

"It is our hope that the briefing will be an open, frank and educational discussion about the tools needed to ensure online privacy safeguards for children and teens. We want to give Facebook an opportunity to discuss its policies for protecting the privacy of children and teens now and in the future. We look forward to an informational and engaging discussion with Facebook," said Reps. Markey and Barton. They asked for an answer by Dec. 12 and said they were looking for him or "a designee" to show up.

Facebook’s tactical retreat on privacy

At first glance, Facebook appears to have conceded quite a lot of ground to the Federal Trade Commission in the agreement it negotiated with the agency over its handling of user data. Among other things, the social network will now be required to obtain users’ affirmative express consent before making changes to the platform that override the user’s privacy settings. It will be barred from making false representations about the privacy and security of user data; it must establish and maintain a comprehensive privacy program; and, perhaps most significant, it must submit to an independent privacy audit every two years for the next 20 years. Taken together, the new measures have the potential to constrain significantly Facebook’s ability to provide marketers with the sort of fine-grained ad-targeting data that could support premium ad prices, as well as the social network’s strategy of making content and information sharing by its users as seamless and friction-free as possible.

In reality, Facebook had little choice but to cut a deal with the FTC. But the deal it cut could end up paying dividends in the future. Apart from the every-two-year privacy audits, Facebook in all probability did not agree to implement any procedures it wasn’t already going to face significant pressure to implement — not from any U.S. authority but instead from the European Union.

Privacy Lawsuit Against Amazon Dismissed

A judge in Seattle has dismissed a potential class-action lawsuit against Amazon alleging that the company circumvented the privacy settings of Internet Explorer users. In an opinion issued this week, U.S. District Court Judge Robert Lasnik ruled that Nicole Del Vecchio and Ariana Del Vecchio “simply not plead adequate facts to establish any plausible harm.” Lasnik gave the Del Vecchios up to 30 days to revise their complaint, which accused Amazon of violating several laws including a federal computer fraud law and Washington state consumer protection law. The Del Vecchios' lawyer, Scott Kamber of New York, says he plans to file an amended complaint.

Five Solutions To The Privacy Problem: Why They Work And Why They Don’t

There are a variety of proposed solutions to let people assert control over how their online personal information is used. Here are five popular options and the strengths and weaknesses of each: Class Actions and the Courts; Technology To Control Our Own Data; Have the Federal Government Step In; Leave Privacy Issues to the Market; and Industry Self Regulation.

Rep. Markey calls for investigation of cellphone tracking software

Rep. Ed Markey (D-MA) urged the Federal Trade Commission to investigate reports that Carrier IQ software tracks nearly everything that consumers do on their smartphones.

"This software raises a number of privacy concerns for Android, Blackberry and Nokia phones," Rep Markey wrote in a letter to FTC Chairman Jon Leibowitz. "Consumers neither have knowledge of this data collection, nor what Carrier IQ intends to do with information." The lawmaker said the FTC has the authority to investigate whether the software amounts to an "unfair or deceptive" trade practice.

Why Both You And Carrier IQ Are Pawns In The Fight For Mobile Data

There is no question that we love our mobile devices. There’s also no question that we are paranoid about how much of ourselves we pour into the most personal computers ever created, which is why that even if some of the initial concerns were overblown, this week’s flap over the Carrier IQ software shows that the mobile industry still hasn’t learned its lessons about honesty, disclosure, and respect for its users and that those users still don’t understand that their mobile experience is controlled by data-hungry corporations.

There is only one way to operate a mobile business in a paranoid age: full and complete disclosure written in plain language as to what data is being collected along with clear options for how to control the data your customers share. Installing clandestine software on devices that rarely leave one’s person is simply not a long-term strategy for building trust, especially for a carrier like Sprint that needs every customer it can get. (Verizon gleefully pointed out this week that it has never used Carrier IQ, and people expect this sort of underhanded thing from AT&T.) It’s not hard to feel like a pawn of big business in the 21st century. Mobile computers have the potential to unlock so much human potential by giving us access to the world’s information nearly anywhere we go, but more and more people are starting to wonder about the cost of having access to that information. After all, you don’t really own a smartphone in the U.S.: you’re essentially leasing a subsided device based on the promise that you’ll pay back the acquisition cost over a two-year period. One day component costs will come down to the point where someone can make money selling a capable low-cost smartphone that doesn’t require a two-year contract and a data-mining operation to make money. Those days are not here yet. And if you’re not paying for it, you’re the product. It’s a little scary to imagine what the modern-day Internet would be like had we all been forced to buy subsidized PCs from Internet service providers.

Carrier IQ, Samsung, HTC named in class action suit

Two new victims have been sucked into the growing CarrierIQ click tracking scandal. Handset manufacturers Samsung and HTC have been named in a class action suit along with CarrierIQ, alleging that the company is in violation of federal wiretapping guidelines for illegally intercepting communications from people’s phones.

The lawsuit was filed in federal court in Chicago seeking hundreds of millions of dollars in damages on behalf of all U.S. residents who own handsets running the software. Erin Janek owns an HTC phone and is the plaintiff in the suit, which alleges that her data was being surreptitiously monitored when it was not publicly available. The suit further claims that she did not grant authorization to CarrierIQ, or HTC to access her information.