February 2012

MPAA's Chris Dodd Extends SOPA Olive Branch to Silicon Valley

Motion Picture Association of America Chief Chris Dodd made a peace overture to Silicon Valley, telling an audience that "Hollywood is pro-technology and pro-Internet."

But he also made clear the legislative battle against piracy wasn't over, maintaining that "a strong system of copyright protection for online content is critical to the continued success of the flourishing Internet marketplace." Dodd said that "nearly one-quarter of all global Internet traffic is copyright theft. And at the heart of the problem is the proliferation of parasitic foreign rogue sites whose sole purpose is to facilitate, and profit from, the theft of international property."

Why Genachowski’s Cybersecurity Initiative Is So Radical (In A Good Way)

[Commentary] The Federal Communications Commission’s (FCC) new cybersecurity initiative is so important and FCC Chairman Julius Genachowski’s speech is such a radical and welcome addition to the cybersecurity discussion.

The approach outlined by Chairman Genachowski, if followed, promises to address three key security weaknesses in the Internet in a way that actually works with the underlying principles that have made the Internet such a widespread success for everyone from the most unsophisticated end user to the most sophisticated tech giant: voluntary consensus, openness, and ease of use. By leveraging the strengths of the network to help overcome the vulnerabilities of the network, the FCC can do a lot to improve cybersecurity while simultaneously fulfilling its statutory mandates to protect consumers and promote broadband adoption and use. Chairman Genachowski radically departs from the usual Cybersecurity Establishment.

Here’s the money quote:
“It’s important to pause and note the relationship between the Internet’s success and these new threats. The potential harm of cyber attacks is so great because the Internet has become such a key platform for innovation, economic growth, and opportunity — delivering more and more value to people everywhere, every day.

So as stakeholders address the challenge of cybersecurity, it’s vital that we preserve the ingredients that have and will fuel the Internet’s growth and success. Specifically, it’s critical that we preserve Internet freedom and the open architecture of the Internet, which have been essential to the Internet’s success as an engine of innovation and economic growth.
Preserving the openness of the Internet is not a concern to be balanced with security risks, it is a guiding principle to be honored as we seek to address security challenges.

Privacy is a similarly important principle. There are some who suggest that we should compromise privacy to enhance online security. This too is a false choice. Privacy and security are complementary – both are essential to consumer confidence and adoption of broadband. We can and must improve online security while protecting individuals’ privacy.”

Privacy management on social media sites

Social network users are becoming more active in pruning and managing their accounts. Women and younger users tend to unfriend more than others.

About two-thirds of internet users use social networking sites (SNS) and all the major metrics for profile management are up, compared to 2009: 63% of them have deleted people from their “friends” lists, up from 56% in 2009; 44% have deleted comments made by others on their profile; and 37% have removed their names from photos that were tagged to identify them. Some 67% of women who maintain a profile say they have deleted people from their network, compared with 58% of men. Likewise, young adults are more active unfrienders when compared with older users.

How Hollywood Conquered the World (All Over Again)

Despite globalization's deleterious effect on the U.S. textile, automotive, computer industries, for movies it's still very much America's world.

That's especially true in America itself, where a resistance to foreign film has been helped by Americans' dislike of subtitles and lack of familiarity with dubbing. Because investors don't expect foreign films to play well in the United States, still by far the world's largest and most important film market (China and Japan are vying for second place, but each brings in about one-tenth the combined U.S. and Canada box office), they don't get the same production and advertising budgets that Americans do. At the same time, broadcast television networks refuse to buy foreign-language products, leaving a crucial player in film financing absent when it comes to assembling the kind of multi-source deals that get most non-studio pictures made these days. Production values for American films are vastly superior to foreign ones, helped by budgets that can exceed $200 million (100 times the price of many foreign films, and at least 30 times the estimated $6 million-plus budget of Where Do We Go Now?) And the marketing costs of movies have swollen so that even if a foreign film is less expensive than an American one, it is almost impossible to find a wide audience for it in the United States without spending millions of dollars. There's a strange paradox at play here: While Hollywood films are losing audiences at home, where they're increasingly being siphoned away by social media, games, and the Internet, they're building them abroad. Revenues from American films outside North America constitute more than 60 percent of each year's take by the Hollywood studios, a number that's risen from under 40 percent several decades ago. Paramount Pictures, for instance, made $3.21 billion of its total $5.17 billion earnings in movie theaters for 2011 abroad. This is despite the fact that foreign-made films are gaining an increasing share of their own industries: Japanese are seeing more Japanese films than ever; so are Russians, Chinese, and Koreans. Box office is simply growing across the board in those countries.

Google: New privacy policy to have little impact on enterprise

Google's plan to share user data across its online services will have little effect on users of the company's enterprise, government, and education application suites, the company said.

The rewrite of Google's privacy policies, scheduled to roll out March 1, will not change Google Apps for business, government and education because those applications suites already link services such as email and calendars, Google spokesmen said. If a user of one of those suites logs into a separate personal Google account, such as YouTube or Google+, those services will not share the user's personal information with the enterprise suites, they said.

State Sessions Focus on Broadband

[Commentary] Since state legislatures around the country have started their sessions in 2012, legislators and governors alike have been recognizing the importance of broadband (or high speed Internet) to growing state economies.

Governors in states as diverse as Hawaii, Maryland, Missouri, and Wyoming highlighted broadband initiatives in their state of the state speeches, as more and more of our leaders are realizing that without broadband, the U.S. economy is not going to produce jobs or the highly-skilled workers needed to compete in a global marketplace. Expanding broadband access is a serious challenge which will require all sectors to contribute — the private sector, the public sector, and the philanthropic sector. No player should be told to sit on the sidelines as we work toward adequate infrastructure for the 21st century. State legislatures can promote strong state economies by making sure that small businesses, school children and households — regardless of income, race, or rural location — have access to high speed broadband Internet.

Secretary Sebelius announces next stage for providers adopting electronic health records

Health and Human Services Secretary Kathleen Sebelius announced the next steps for providers who are using electronic health record (EHR) technology and receiving incentive payments from Medicare and Medicaid.

These proposed rules, from the Centers for Medicaid & Medicaid Services (CMS) and the Office of the National Coordinator for Health Information Technology (ONC), will govern stage 2 of the Medicare and Medicaid Electronic Health Record Incentive Programs. Under the Health Information Technology for Economic and Clinical Health (HITECH) Act, part of the American Recovery and Reinvestment Act of 2009, eligible health care professionals and hospitals can qualify for Medicare and Medicaid incentive payments when they adopt certified EHR technology and use it in a meaningful way.

What is considered “meaningful use” is evolving in three stages:

  • Stage 1 (which began in 2011 and remains the starting point for all providers): “meaningful use” consists of transferring data to EHRs and being able to share information, including electronic copies and visit summaries for patients.
  • Stage 2 (to be implemented in 2014 under the proposed rule): “meaningful use” includes new standards such as online access for patients to their health information, and electronic health information exchange between providers.
  • Stage 3 (expected to be implemented in 2016): “meaningful use” includes demonstrating that the quality of health care has been improved.

USTelecom: FCC Should Purge Regulatory “Vestiges of a Bygone Era”

USTelecom filed a Petition for Forbearance from Legacy Telecom Regulations, essentially telling the Federal Communications Commission that it’s time to wake up and smell the coffee—“many rules were adopted in a different era, long before the advent of broadband networks or the creation of the public Internet.” USTelecom’s petition reflects murmurings in the economic, academic and Big Telecom circles over the past few months that it might be time for a new regulatory regime as even the 96 Act is becoming less and less relevant with each new cord cutter and cross-platform conglomerate. The petition is also in line with the White House and Congress’ push to get the FCC to clean house, and “the Commission’s commitment to eliminate unnecessary regulatory requirements.”

The FCC's "Stopwatch" Proposal to Evaluate Station Program Content

Responding to the Federal Communications Commission's Notice of Inquiry (NOI) regarding "Standardizing Program Reporting Requirements for Broadcast Licensees," the 46 State Broadcasters Associations (represented by the authors’ firm), three other State Broadcasters Associations, the National Association of Broadcasters, and a coalition of network television station owners, among others, filed comments alerting the FCC that its proposals to adopt new and detailed program reporting requirements raise serious questions about the Commission's authority to do so under the First Amendment. The 46 State Associations noted that "substitut[ing] a chiefly quantity of programming measure for public service performance, would, in the State Associations' view, inappropriately, (i) elevate form (quantity of minutes) over substance (treatment of specific issues), (ii) place other undue burdens on stations, and (iii) intertwine the government for years to come in the journalistic news judgments of television broadcast stations throughout the country."

Sen. Burr Calls FCC Proposal for Online Public Files Unnecessary Burden

Sen Richard Burr (R-NC) has told the Federal Communications Commission he thinks its proposal that TV station put sponsorship ID info in an online public file database is a "burdensome and unnecessary" recordkeeping requirement for TV stations.

In a letter to FCC Chairman Julius Genachowski, Sen Burr said that while the FCC requires "some" sponsorship IDs to be disclosed on air, the FCC has never required stations to maintain a log of all sponsorship IDs, and suggested it should not start now. He did not expressly oppose adding station political files to the public file, but he suggested that, too, was a burden. He was particularly concerned with the cost to stations of new reporting requirements and the impact on the proposed requirements, including likely duplicative recordkeeping, to smaller stations. He took issue with the FCC's contention that creating and hosting the online file would relieve TV stations of administrative burdens.