February 2012

PRIVACY

ONLINE AD COMPANIES AND SAFARI
[SOURCE: House of Representatives Commerce Committee]
House Commerce Committee Ranking Member Henry Waxman (D-CA) and Commerce, Manufacturing, and Trade Subcommittee Ranking Member G. K. Butterfield (D-NC) sent letters to the Presidents and CEOs of online advertising companies Media Innovation Group, PointRoll, and Vibrant Media regarding a report that they bypassed the privacy settings of Apple’s Safari Web browser to track users who had intended to block such tracking. The members are asking the companies that are largely unknown to most Americans, but nonetheless reach millions of Internet users, to explain why they delivered code to users’ devices designed to dodge Safari’s default third-party cookie blocking.
benton.org/node/115583 | House of Representatives Commerce Committee | AdWeek
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APPLE PRIVACY LOOPHOLE
[SOURCE: New York Times, AUTHOR: Nick Bilton]
The private photos on your phone may not be as private as you think. Developers of applications for Apple’s mobile devices, along with Apple itself, came under scrutiny this month after reports that some apps were taking people’s address book information without their knowledge. As it turns out, address books are not the only things up for grabs. Photos are also vulnerable. After a user allows an application on an iPhone, iPad or iPod Touch to have access to location information, the app can copy the user’s entire photo library, without any further notification or warning, according to app developers.
benton.org/node/115590 | New York Times
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WIRELESS/SPECTRUM

CALLS FOR REGULATORY OVERHAUL
[SOURCE: Total telecom, AUTHOR: Mary Lennighan]
Vodafone CEO Vittorio Colao wasted no time in sharing his message to the telecoms industry on the opening day of Mobile World Congress 2012. ″We really need to stop this regulatory autopilot mentality,″ he told conference attendees, describing the regulatory regime in Europe as ″a legacy of the past.″ He urged regulators to stop imposing stringent controls on pricing, roaming, mobile termination rates and so on, and instead ″let the industry re-invest the money.″
Ralph de la Vega, president and CEO of AT&T Mobility, also took up the theme of regulation, although his key message centered on the need for more spectrum to be made available to drive innovation and growth within the industry. ″No innovation is possible without investment... [and] we need regulations that are supportive,″ he said. ″Spectrum has to be made available,″ he explained, in order for companies to invest in advanced networks – creating jobs – and in turn to drive the development of new devices, applications and content, and ultimately consumption. ″You need more spectrum to keep the cycle going,″ he said.
benton.org/node/115543 | Total Telecom
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LOWER POWER TV AND CLASS A
[SOURCE: CommLawCenter, AUTHOR: Scott Flick]
The Federal Communications Commission released copies of 16 Orders to Show Cause sent to licensees of low power TV stations that have Class A status. Class A status protects such stations from being displaced by modifications to full-power stations and, with the recent enactment of the spectrum auction legislation, qualifies them to participate in the auction (for a share of the auction revenues) while protecting them from being spectrum repacked out of existence as part of the auction preparations.
Each of the Orders is surprisingly similar, noting that the FCC sent letters to the licensee in March and August of last year asking why it had not been regularly filing its FCC Form 398 Children's Television Reports with the Commission. The Orders note that the licensees failed to respond to either of the FCC letters, and that the FCC is therefore demanding they now tell the FCC if there is any reason why it should not relieve them of their Class A status, making them regular LPTV licensees with attendant secondary status.
benton.org/node/115575 | CommLawCenter
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INTERNET/BROADBAND

TWC DEAL ISN’T ONE
[SOURCE: GigaOm, AUTHOR: Stacey Higginbotham]
[Commentary] Time Warner Cable is implementing a new pricing plan in certain areas of Texas that gives customers a break on their broadband bill if they agree to a limited plan. While in theory this is nice, because it lowers the cost of broadband for people who may not be able to pay $60 a month (that’s what TWC charges me), it’s also a pretty lousy deal. It’s not a deal I would sign up for, knowing how much of my work, entertainment and even my climate control comes over the web, but for the dwindling bit of the population that can’t consume 5 GB a month, this is a way to cut costs. Just make sure when relatives or friends come over they know about your limited broadband — and don’t sign up for that Netflix or Hulu account. I find the plan somewhat disturbing, given Time Warner Cable’s history attempting to implement tiered pricing back in 2009, but also because Time Warner is creating artificial constraints on people who may then be reluctant to pay more for Internet access.
benton.org/node/115552 | GigaOm
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TWC’S INTERNET ESSENTIALS
[SOURCE: Tales of the Sausage Factory, AUTHOR: Harold Feld]
[Commentary] So no sooner do I cast a very suspicious eye over AT&T Wireless’ new scheme to allow ap developers to pay the overage charges for users who exceed their 2 GB monthly cap when I see that Time Warner Cable (TWC) is now offering an “Internet Essentials” plan in some test markets in Texas. Customers who opt into the new 5GB/month metered plan will receive a discount. TWC also includes a meter so customers can monitor their use. Finally, customers in the metered plan can easily pay more to get more access. While this is just a first reaction based on the TWC description, I have to say this is the kind of “metered usage” program I really like. In fact, this looks like an excellent product offering (albeit not for an ‘power user’ like myself.). I salute TWC for listening to its customers and offering something different and innovative.
So what’s so good about this metered program but I remain suspicious of other “usage based billing plans?
Clear value to the customer
Tools to monitor usage
User Internet experience remains the same
benton.org/node/115551 | Tales of the Sausage Factory
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INTERNET BLUEPRINT PROJECT
[SOURCE: Public Knowledge, AUTHOR: Press release]
Public Knowledge launched the Internet Blueprint, an ambitious project to develop bills that will help make the internet a better place for everyone. The site consists of six new bills Congress could pass today, as well as a way for the public to submit and vote on their own ideas. Five of the proposed bills deal with copyright. This set of proposed bills was inspired by the controversy surrounding the consideration by Congress of the Stop Online Piracy Act (SOPA) and Protect Intellectual Property Act (PIPA). The Internet Blueprint bills address issues such as protections against online copyright abuse, eliminating barriers to lawful use, strengthening fair use, and shortening copyright terms. The sixth proposed bill would ensure more openness, accountability, and transparency in international trade agreements that regard intellectual property (IP). This reflects Public Knowledge's active effort to open secretive international negotiations like the Anti-Counterfeiting Trade Agreement (ACTA) and Trans-Pacific Partnership Agreement (TPP) that privilege industry.
benton.org/node/115548 | Public Knowledge
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CYBERSECURITY

CYBERSECURITY HEARING
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
House lawmakers said at a hearing that they are worried that the country's electrical grid is vulnerable to a crippling cyberattack. "Ask any expert in the national security field and see what keeps them up at night. They would probably tell you, as they tell me, that it is the increased possibility of a devastating cyberattack," said Rep. Cliff Stearns (R-FL), the chairman of the House Commerce Committee’s Oversight and Investigations subcommittee. "Imagine the impact of a cyberattack to the electrical grid: How many days could hospitals operate with on-site electricity generation? How would metro rail systems operate, if at all? How would we recharge our smartphones or access the internet?" he said. Many electrical networks now operate on "smart grid" technology, which relies on computers to determine electrical needs. The technology is more energy efficient, but makes the systems vulnerable to cyberattacks.
benton.org/node/115561 | Hill, The | Fast Company | Info from Committee | GAO
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NATO NEEDS MORE CYBER CAPABILITIES
[SOURCE: National Journal, AUTHOR: Josh Smith]
Government officials have warned that cyberattacks are rapidly becoming one of the greatest threats to the United States and its allies, but a new report says the North Atlantic Treaty Organization is still playing catch up. "NATO's central missions of collective defense and cooperative security must be as effective in cyberspace as they are in the other domains of air, land, sea, and space," concluded a report released by the Atlantic Council. While NATO enacted a new cyberdefense policy in June, the alliance now needs to focus on a core set of priorities to make cybersecurity efforts more effective, the report said. NATO further expanded its cyber programs after cyberattacks against Estonia in 2007. It must continue that effort to repeatedly update and reinvent its cyber policies and capabilities, Jason Healey, director of the Atlantic Council's Cyber Statecraft Initiative, said at a panel discussion on Monday. But "NATO must be responsible for its own networks before looking to protect member states," said Healey, who helped author the report. The report's other recommendations include developing standards and minimum levels of cybersecurity for member states; collaboration with the private sector; and treating cybersecurity as a national-security policy problem, not just a technical issue.
benton.org/node/115553 | National Journal
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CONTENT

INTERNATIONAL TRADE ENFORCEMENT CENTER
[SOURCE: The White House]
President Barack Obama signed an executive order creating an interagency trade enforcement center within the Office of the United States Trade Representative. Robust monitoring and enforcement of U.S. rights under international trade agreements, and enforcement of domestic trade laws, are crucial to expanding exports and ensuring U.S. workers, businesses, ranchers, and farmers are able to compete on a level playing field with foreign trade partners. To strengthen our capacity to monitor and enforce U.S. trade rights and domestic trade laws, and thereby enhance market access for U.S. exporters, executive departments and agencies (agencies) must coordinate and augment their efforts to identify and reduce or eliminate foreign trade barriers and unfair foreign trade practices to ensure that U.S. workers, businesses, ranchers, and farmers receive the maximum benefit from our international trade agreements and under domestic trade laws.
benton.org/node/115547 | White House, The | The Hill
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TELECOM

RURAL TELCOS WANT NO MORE ICC REFORM
[SOURCE: telecompetitor , AUTHOR: Joan Engebretson]
Four rural telco associations urged the Federal Communications Commission not to take any further action on inter-carrier compensation (ICC) reform beyond the measures already included in the Connect America Fund order adopted in October. The comments were made in response to a further notice of proposed rulemaking (FNPRM) that was included in the order. Signing the comments were representatives of the National Exchange Carrier Association, the National Telecommunications Cooperative Association, the Organization for the Promotion and Advancement of Small Telecommunications Companies and the Western Telecommunications Alliance. Specifically the groups asked the FCC to:
Decline to compel any migration to bill-and-keep for additional switched service rate elements until there is time to evaluate reforms already made and address complexities related to additional reforms
Cap current transit service rates and then regulate the prices for such services consistent with functionally equivalent transport and tandem switching services
Ensure well-defined interconnection obligations to minimize further inter-carrier disputes and preclude the imposition of arbitrary and uncontrollable expenses on rural consumers
Permit the continued use of tariffs as a means of establishing the rates, terms and conditions of network interconnection and traffic exchange
Recognize that it is premature to consider phase-outs or accelerated reductions in end-user access recovery charges and Connect America Fund ICC support
Strengthen call signaling rules to address continuing concerns about phantom traffic
benton.org/node/115576 | telecompetitor
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OWNERSHIP

COMCAST COMPLIANCE REPORT
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Comcast filed its first annual report on its compliance with conditions in the NBCUniversal deal, its first of six such annual reports it must file, also as a condition of the deal. According to executive VP David Cohen, those conditions have become business as usual for the company. "[O]ur commitments and the conditions, though extensive, have been incorporated into our business activities and become part of the company's 'DNA,'" he wrote in a blog posting. Cohen said the company has, in many cases, gone beyond the commitments to realize the public interest benefits it pledged as part of the deal and the competitive safeguards the Federal Communications Commission sought. Among the companies first-year actions, he pointed out, were committing to launch new, diverse, independent cable channels, expanding carriage of diverse programming, increasing local news, and boosting broadband adoption for low income families-Comcast's Internet Essentials, which the FCC used as a model for a wider adoption effort.
benton.org/node/115560 | Broadcasting&Cable | Comcast
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TELEVISION

NBC AND THE GENERALS
[SOURCE: Salon, AUTHOR: Glen Greenwald]
In 2009, The New York Times‘ David Barstow won the Pulitzer Prize for his two-part series on the use by television networks of retired Generals posing as objective “analysts” at exactly the same time they were participating — unbeknownst to viewers — in a Pentagon propaganda program. Many were also plagued by undisclosed conflicts of interest whereby they had financial stakes in many of the policies they were pushing on-air. One of the prime offenders was Gen. Barry McCaffrey, who was not only a member of the Pentagon’s propaganda program, but also, according to Barstow’s second stand-alone article, had his own “Military-Industrial-Media Complex,” deeply invested in many of the very war policies he pushed and advocated while posing as an NBC “analyst.” Despite Barstow’s Pulitzer, neither Brian Williams nor anyone else at NBC News ever mentioned any of these groundbreaking stories to their viewers (even as Williams reported on other Pulitzer awards that year); the controversy over the Pentagon propaganda program was simply suppressed. And NBC continued to feature those same ex-Generals as “analysts” — including McCaffrey — as though the whole thing never happened. Apparently, not only does NBC continue to present McCaffrey to its viewers as some sort of objective analyst, but NBC News executives use him as some kind of private consultant and briefer on the news.
benton.org/node/115587 | Salon
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RESEARCH

ACCESS TO FEDERALLY-FUNDED RESEARCH
[SOURCE: New York Times, AUTHOR: Guy Gugliotta]
During the next few weeks, the Obama Administration’s Office of Science and Technology Policy will submit to Congress a progress report on its search for a balanced approach to the contentious and complex question of how government-financed scientific research should be disseminated in the digital age. Advocates of “open access,” who include many scientists, libraries and universities, say that reports of scientific discoveries paid for by government grants should be made available on the Web immediately and without charge to anyone who wants to see them. Opponents, which include many private and nonprofit publishers and many professional societies, argue that an unfettered policy would bankrupt journals and make a shambles of the peer-review and article selection system that has served the world scientific community for centuries. Both sides have bills pending before Congress, and both have bipartisan support, but sponsors of legislation favored by publishers said Monday that they would not push their bill in this session, and neither measure seemed likely to move forward in an election year.
benton.org/node/115570 | New York Times
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GOVERNMENT & COMMUNICATIONS

HOUSE COMMERCE WANTS INFO ON LIGHTSQUARED
[SOURCE: House of Representatives Commerce Committee]
Leaders of the House Commerce Committee requested additional information regarding the interference dispute between LightSquared and GPS and the actions taken by federal agencies, including the Federal Communications Commission, in approving LightSquared’s terrestrial network without better addressing potentially serious interference concerns. As the committee with jurisdiction over federal communications policy, committee members have been monitoring the progress of the proposed deployment of the broadband network. However, with the recent tentative decision to limit LightSquared’s license to satellite-based service, there remain many unanswered questions, particularly whether the processes used by the FCC, National Telecommunications and Information Administration, and the interagency National Executive Committee for Space-Based Positioning, Navigation and Timing were appropriate. The issues underlying the dispute also have broader implications for spectrum management generally.
House Commerce Committee Chairman Fred Upton (R-MI), Communications and Technology Subcommittee Chairman Greg Walden (R-OR), and Oversight and Investigations Subcommittee Chairman Cliff Stearns (R-FL) sent letters to the FCC, NTIA, and PNT ExCom Co-Chairs requesting all written and electronic communications from April 2009 to present between any individual associated with LightSquared, Harbinger Capital Partners, SkyTerra Communications, GPS manufacturers, and PNT ExCom regarding the process used to evaluate the proposed spectrum license transfer, testing, and potential interference.
benton.org/node/115556 | House of Representatives Commerce Committee | B&C | The Hill
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POLICYMAKERS

SNOWE WILL NOT RUN
[SOURCE: Portland Press Herald, AUTHOR: Jonathan Riskind]
Sen. Olympia Snowe (R-Maine) rocked the political landscape with a stunning announcement that she won't run again, drawing the curtain on a storied political career and staggering Republican hopes to recapture a Senate majority. Sen Snowe, who has represented Maine in Congress since 1978, said she no longer wanted to serve in an increasingly partisan and polarized Senate. "As I have long said, what motivates me is producing results for those who have entrusted me to be their voice and their champion," she said. "I do find it frustrating, however, that an atmosphere of polarization and 'my way or the highway' ideologies has become pervasive in campaigns and in our governing institutions." Her move stunned top Republican Senate leaders, as well as Snowe's own campaign staff, who said they learned of the senator's decision shortly before it was announced. Snowe had stockpiled nearly $3.4 million in her campaign war chest as of Dec. 31, led by 40 points in internal GOP polls and won in 2006 with 74 percent of the vote. Her decision not to seek a fourth term set off a political frenzy both in Washington and Maine political circles. In Washington, national GOP leaders and independent analysts had considered Snowe's seat safely in Republican hands as the GOP aimed to topple Democrats' 53-seat Senate majority.
benton.org/node/115588 | Portland Press Herald | Sen Snowe | Bangor Daily News
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GRASSLEY, ROCKEFELLER STAFFERS MEET OVER FCC NOMINEE HOLD
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
According to a spokesperson for Sen Charles Grassley (R-Iowa), his staffers met with those of Commerce Committee Chairman Sen. Jay Rockefeller (D-WV) Feb. 27 to discuss the senator's hold on two pending nominations, one of which is Jessica Rosenworcel, a top telecom aide to Chairman Rockefeller. The other is Ajit Pai, a communications attorney and former FCC official and Senate staffer. It is the first meeting about the hold since December, a Grassley staffer confirmed. The Grassley spokesperson called the meeting a "development" rather than "progress," and would not further characterize the meeting beyond saying it was about the Federal Communications Commission nominations, the hold and a possible resolution.
"The FCC said it wouldn't give internal documents about LightSquared to any members of Congress except the chairmen of the two committees that oversee the FCC," said Sen Grassley. "Now one of those two committee chairmen [Rep. Fred Upton (R-MI), chair of the House Commerce Committee] "is asking for internal documents. It will be hard for the agency to ignore this request. The House committee that's seeking information from the FCC is fulfilling its oversight responsibilities. As a federal agency, like all government agencies, the FCC should account for its actions. The House request is good news for accountability and transparency."
benton.org/node/115584 | Broadcasting&Cable | update
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FCC SEEKS MEMBERS OF ADVISORY COMMITTEE
[SOURCE: Federal Communications Commission, AUTHOR: Public Notice]
The Federal Communications Commission’s Public Safety and Homeland Security Bureau seeks nominations for membership on the Technical Advisory Board for First Responder Interoperability (Interoperability Board). The Interoperability Board is established within the Commission under the Middle Class Tax Relief and Job Creation Act of 2012 (Spectrum Act) for the purpose of “develop[ing] recommended minimum technical requirements to ensure a nationwide level of interoperability for the nationwide public safety broadband network.” The Act directs the Commission to appoint fourteen voting members to the Interoperability Board within thirty days of the Act’s enactment, which is no later than March 23, 2012. All voting members appointed to the Interoperability Board “shall have specific expertise necessary to developing technical requirements” for nationwide interoperability. This expertise may include “technical expertise, public safety communications expertise, and commercial network experience.”
Additionally, the voting members of the Interoperability Board must each fit within a statutorily prescribed category:
Four members must represent “wireless providers.” Of these four, two members must represent “national wireless providers,” one must represent “regional wireless providers,” and one must represent “rural wireless providers.”
Three members must represent “equipment manufacturers.”
Four members must represent “public safety entities.” Of these four, at least one member must represent “management level employees of public safety entities” and one must represent “employees of public safety entities.”
Three members must represent “State and local governments.” These three members must be “chosen to reflect geographic and population density differences across the United States.”
benton.org/node/115559 | Federal Communications Commission
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STORIES FROM ABROAD

GOOGLE PRIVACY IN EUROPE
[SOURCE: Associated Press, AUTHOR: ]
Google's new privacy policy appears to violate the European Union's data protection rules, France's regulator said, just two days before the new guidelines are set to come into force. Google announced its new privacy policy with much fanfare last month. The rules, which are set to come into force on March 1, regulate how the Web giant uses the enormous amounts of personal data its collects through its search engine, email and other services. However, the EU's data protection authorities are concerned about the privacy effects of the policy and earlier this month asked French regulator CNIL to investigate them. "Our preliminary analysis shows that Google's new policy does not meet the requirements of the European Directive on Data Protection," CNIL said in a letter to Google Chief Executive Larry Page. The agency said Google's explanation of how it will use the data was too vague and difficult to understand "even for trained privacy professionals."
benton.org/node/115569 | Associated Press | Washington Post | IDG News Service
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Analysis

February 2012

Mozilla's 'modest' proposal: Dump the smartphone OS

Elections, Economy Top Public's News Interest

Millennials will benefit and suffer due to their hyperconnected lives

February 29, 2012 (The “Feelin’ Froggy” Edition)

Apple Loophole Gives Developers Access to Photos

NAB: Elimination of Sports Blackout Rule Would Be Detrimental in Long Term

Snowe decision rocks political landscape

Gen. McCaffrey privately briefs NBC execs on war with Iran

In Kingdom of Tabloids, Headlines for a Horse