January 2012

Here's Why You Should Care (A Lot) About The Supreme Court's GPS Ruling

When discussing constitutional law, it's become a cliché to mention how the founding fathers didn't have newfangled modern technologies. GPS systems, computers, atomic bombs... none of those existed in the era of Franklin, Washington, and Madison. Like many ideas, this is a cliché because it's true.

In a ruling earlier this week (United States vs. Jones), the Supreme Court decided that attaching GPS trackers to vehicles without warrants violates the Fourth Amendment. The Court decided in a majority opinion that the use of GPS trackers without a warrant impinges on our right to be free of unreasonable searches... but, here's the kicker: a minority of justices, headed by Samuel Alito, argued that long-term GPS tracking--with or without a warrant--violates privacy expectations. In other words, every justice on the Supreme Court has reservations about using GPS tracking as a law enforcement tool. As the disruptive technology boom of the past twenty years matures, the Supreme Court will be seeing many more cases like this. GPS systems, smartphones, unmanned aerial vehicles, cyberattacks, online commerce, and digital copyright law are all on the cutting edge of law--and how the Supreme Court (and others) interpret them will set the stage for decades to come.

Unlimited data is dead, so let's fight a smarter fight

For the smartphone-heavy United States, the notion of unlimited wireless data is dead, kaput, finis. It's not coming back. Many other parts of the world are in the same boat, and those that aren't will eventually get there. That said, our brave new (limited) reality has a long way to go to mature, stabilize, and find the balance between supply and demand. There's an important fight to be waged — but screaming for the return of unlimited data is a non-starter, and simply complaining that data is too expensive isn't sufficient. Carriers, and the government, need specific and actionable items in order to evolve this market in a way that's beneficial and fair to everyone.

Here's what we should be asking for.

  1. Better Accountability: The Federal Communications Commission should be demanding more accountability from the companies that occupy this spectrum.
  2. More Tiers: Customers can and should be upset about the lack of plan flexibility.
  3. Data is Data is Data: Customers on limited data plans should demand to be able to use tethering and mobile hotspot features on their devices at no additional cost, no matter the bucket.
  4. Interoperability: We should be demanding interoperable phones, at least among all American carriers on 4G networks.

Wireless bandwidth: Are we running out of room?

Wireless networks are edging near capacity, not just in the United States, but all over the world.

Credit Suisse conducted a survey last year that revealed mobile networks in North America were running at 80 percent of capacity, with 36 percent of base stations facing capacity constraints. The average globally for base station capacity utilization, the report said, was 65 percent. The problem is going to get worse before it gets better. With advancements in connected cars, smart grids, machine-to-machine (M2M) communication, and domestic installations such as at-home health monitoring systems, wireless demands will only increase. As with all things mobile, there are no simple answers, if only because potential solutions rely on agreement among a sizable and incompatible array of players -- from spectrum owners (both telcos and broadcasters) and regulators to government agencies and, of course, consumers demanding the latest in cool devices and applications.

Newt Threatens China and Russia With Cyberwar

Newt Gingrich isn’t the only politician who’s freaked out by China and Russia’s online spying. But the new Republican presidential frontrunner may be the highest-profile political figure all but openly calling for cyberwar with Moscow and Beijing. “I think that we have to treat state-based covert activities as the equivalent of acts of war,” Gingrich said in response to a question about countries that target U.S. corporate and government information systems. “And I think that we have to respond to that and create a level of pain which teaches people not to do it.”

Nokia fined for spam texts in Australia

Australian regulators have fined Nokia, the world's largest cellphone maker by volume, A$55,000 ($58,000) for spamming customers and said the Finnish company should change its text message (SMS) marketing. The Australian Communications and Media Authority said texts Nokia sent to clients as tips to get more out of their phones promoted the company without offering an 'unsubscribe' option as required by law. Nokia said it has discontinued the service in Australia and was ramping it down elsewhere, adding unsubscribing was simpler on its current devices. The regulator said Nokia had agreed to train employees engaged in SMS marketing about legal requirements.

Indian Government Raises Fresh Security Concerns About Huawei and ZTE

A report sent to India's Department of Telecoms has warned of security problems with network equipment imported into the country by China's Huawei and ZTE.

The internal memo however also warned that other vendors from Europe could also pose a security threat. "Chinese companies like Huawei have embedded strategic interest, which companies like Cisco and Nokia don't have that much. Some members expressed that the concern is not only from China, but the same concerns are from equipment makers from other countries also, be it the US, Europe or Japan." the report warned. A copy of the report has been seen by the Economic Times newspaper.

NZ court refuses bail for Megaupload founder

The founder of online file-sharing website Megaupload, accused of masterminding a scheme that made more than $175 million in a few years by infringing copyrighted content without authorization, was refused bail in a New Zealand court. The judge remanded Kim Dotcom, a German national, also known as Kim Schmitz, in custody until Feb 22 for a hearing of the extradition application on charges of internet piracy and money laundering.

Canada's CRTC introduces policy to bolster IP network migration

Canada's telecom regulator, the Canadian Radio-television and Telecommunications Commission (CRTC), has put forth a new proposal to hasten incumbent service providers' migration from TDM-based voice to IP. "We have established basic principles to ensure this (IP) technology becomes the industry standard for voice networks as quickly as possible," said Konrad von Finckenstein, chairman of the CRTC.

Brazil's broadband plan is now present in 692 municipalities

Brazil is making progress with its national broadband plan (Plano Nacional de Banda Larga, or PNBL), reaching 692 municipalities with low-cost wireline broadband services.
Driven by strong gains by Telebras and Telefonica's Vivo, low-cost PNBL-based services were available in 471 municipalities in 2011.

: Intersection of Privacy & Security

National Cyber Security Alliance
January 26, 2012
9:30 - 11:30am

Join the National Cyber Security Alliance for a live-streaming event featuring FTC Commissioner Julie Brill, and two expert panels. Panelists will discuss the convergence of privacy and security and how we can overcome the conflict that seems to be inherent between the two. They'll also take questions from Facebook viewers.