December 2011

FTC Accepts Final Settlement with Online Advertiser Scan Scout, Which Allegedly Used Flash Cookies to Track Consumers

Following a public comment period, the Federal Trade Commission has finalized a settlement order with online advertiser ScanScout, which the FTC alleged deceptively claimed that consumers could opt out of receiving targeted ads by changing their browser settings.

The settlement, which was first announced on November 8, 2011, bars misrepresentations about the company's data-collection practices and consumers' ability to control collection of their data. It also requires that ScanScout take steps to improve disclosure of its data collection practices, and to provide a user-friendly mechanism that allows consumers to opt out of being tracked.

Petition calls for more E-Rate funding

The federal E-Rate program, which helps schools and libraries connect to the internet, should receive more funding so that more schools and libraries can serve not only students, but community members as well, E-Rate compliance firm Funds For Learning wrote in a letter to the Federal Communications Commission.

In an open letter to FCC Chairman Julius Genachowski, John Harrington, CEO of Funds For Learning, requests that the commission increase the available funding in the E-Rate program and invites E-Rate stakeholders and supporters to sign the online petition before it is delivered to the FCC in early 2012. In the letter, Harrington explains that schools and libraries, especially those in the nation’s poorer communities, rely on the E-Rate program as “the financial backbone that enables them to keep their sophisticated and expensive telecommunications networks up and running.”

Kindle Fire no longer blocks Android Market website

With the new Kindle Fire software update, you can now browse to the Google Android Market website. Does this mean you can now install Android Market apps to the Kindle Fire over the web? Not exactly, because there’s no simple way to associate the Kindle Fire with a Google account, which is how Google’s web-based Android Market links to devices. Regardless, this step was the right one for Amazon to take because it allows people to see what Android apps Google does offer, and it no longer hijacks the web page a user wants to view.

Special access gets special scrutiny from the courts

The DC Circuit Court of Appeals decided to take action on a request asking the court to force the Federal Communications Commission to get moving on the issue of how much mobile and rural operators pay for access to the Internet.

If the potential court order from Monday prompts the FCC to take action, the big wireline phone companies might see regulations capping how much they can charge others for access to their middle-mile pipes. NoChokePoints, an organization funded by those affected by high special access charges (this includes businesses), filed a petition in July asking the court to issue a writ of mandamus forcing the FCC to decide the issue within the next six months. On Dec 19 the court ordered expedited briefings ending Feb. 10, 2012, and told its clerk to set oral argument “at the first appropriate date.” (A mandamus petition is a request to a higher court asking a lower court or agency to rethink a decision, and most mandamus petitions go nowhere, so analysts and public interest organizations think the court’s action is noteworthy.)

AT&T-Verizon: The inevitable duopoly?

The cell phone industry is imperiled by a duopoly, according to the antirust watchdogs at the Department of Justice. First regulators killed AT&T's $39 billion deal to buy T-Mobile. Now the Justice Department is taking a hard look at Verizon's plan to buy $3.6 billion worth of airwave licenses from cable TV companies, which would allow it to expand its giant wireless network even further. AT&T and Verizon are indeed an intimidating pair. They have 101 million and 108 million wireless customers, respectively. That huge scale results in much fatter profits than the rest of the industry. Together the two companies now generate close to 85% of the U.S. wireless industry's total cash flow. While those huge profits appear tempting for new competitors, the hurdle for any effective challenger is replicating the two companies' scale. At the end of September, Verizon owned spectrum the company valued at $73.2 billion, which will climb to $77 billion if the Justice Department agrees to let them buy more airwaves from the cable companies.

What sort of competitor can make an investment to compete with that? Even if a company found $50 billion to spend on airwaves at today's prices, they'd still have to billions more to build the actual physical network of towers around the country. So perhaps it is no surprise that in the past year the viable candidates for the title of "duopoly killer" have all but disappeared.

The next broadband battle: AT&T/Dish and Verizon/Cable

[Commentary] The business model for standalone wholesale wireless network operators, such as LightSquared or what Clearwire hoped to be, is broken. But in the coming year, a new and ultimately more successful model is poised to emerge, one that will transform the entire communications landscape as we know it, and pit Verizon and cable TV on one side against AT&T and satellite TV on the other.

Verizon’s purchase of SpectrumCo was the first indicator of this new model, with the cable companies being granted wholesale access to Verizon’s LTE network in four years’ time so they can offer their own wireless services. Now, after the collapse of the proposed AT&T/T-Mobile merger, all eyes are focused on AT&T’s potential purchase of DISH Network, which could enable the buildout of an LTE Advanced network across 52MHz of spectrum. Such a deal would also have to address the way forward for T-Mobile, which admittedly does not have a clear route to LTE. Thus it seems very likely that T-Mobile would be granted wholesale access to this new 4G network to complement its 3G roaming agreement with AT&T. Of course, while worries about monopolies will be ever-present, we can expect both Verizon and AT&T to commit to a very extensive and rapid LTE network buildout, bringing 4G wireless to 97 percent or 98 percent of the population in line with the objective set out by President Obama in his State of the Union address last February.

In this new environment, the FCC and DoJ will have to emphasize retail competition instead of the facilities-based competition that has been the focus of FCC policy ever since the 1996 Telecommunications Act. The only way to do that will be through making the initial wholesale commitments ventured by Verizon and (I assume) AT&T into a much broader framework for supplying wholesale LTE network access to other wireless providers.

[Tim Farrar is President of Telecom, Media and Finance Associates, a consulting and research firm which specializes in technical and financial analysis across the satellite and telecom sectors]

In the eyes of the law, are we all public figures on Facebook?

Social media sites like Facebook have long been criticized as catering to users’ own deluded senses of self-importance, but a current lawsuit against Facebook might prove that social media users really are that important.

Within their circles of friends, in fact, users might well be considered celebrities–and that could have big legal implications. When a federal judge last week denied Facebook’s motion to dismiss the case early on, she opened the door for meaningful legal discussion as to how far websites’ privacy policies actually reach and, perhaps, whether social networking makes users not just self-important, but actually important. As the Judge Lucy Koh noted in her order, this case, which stems from Facebook’s Sponsored Stories feature, involves multiples issues of first impression under California law. If the case doesn’t settle, but actually is resolved and likely appealed, it could provide valuable guidance for how future courts will decide issues regarding the relationship between social media sites and their users, and between users themselves. Are we all public figures on Facebook? If so, what does that mean?

After Chinese hacks, how do we secure the Internet of Things?

Reading about the Chinese hackers hitting the U.S. Chamber of Commerce in Washington, D.C. I was struck by the last two paragraphs, which detailed how the hackers accessed the IP address of a thermostat — as well as the overall tone of resignation around preventing such attacks — and I wondered, how will we secure the web of things? And do we need to give up on the idea of perimeter based security on the web?

comScore, Nielsen Settle Patent Dispute: Nielsen Acquires $19 Million In comScore Shares

Online audience measurement rivals comScore and Nielsen this morning announced a settlement of ongoing patent disputes, resulting in a “cross-licensing agreement,” and giving Nielsen $19 million in comScore stock.

Under the terms of the settlement, the companies said that comScore will acquire ownership of the “four Nielsen families of patents,” which include a portfolio of both U.S. and international patents for online audience measurement methods. comScore, meanwhile, has granted Nielsen worldwide licenses for its “families of the four patents.” Both parties agreed not to bring any patent action against the other for the next three years.

FCC Launches Personalized Web Interface

Frequent visitors to the Federal Communications Commission website can now personalize the site's homepage by picking and choosing which elements they want to display. My.FCC.gov, which the FCC launched in a Beta testing version, has eight sample dashboards. Six of those dashboards are optimized for visitors from different industries such as wireless and broadcast. A seventh is designed for reporters and an eighth for consumers. Site visitors also can build their own My.FCC homepage by mixing and matching 22 different display widgets -- each corresponding with some major agency activity or publication. Users can install those widgets on a separate website where they'll be automatically updated as the FCC posts new content.