November 2012

Pandora CEO Joe Kennedy and songwriter Jimmy Jam to headline music royalties hearing

Pandora CEO Joe Kennedy will square off against songwriter Jimmy Jam and other opponents of a bill that proposes to make changes to the music licensing system at a House Judiciary Committee hearing on Nov 28.

In the months leading up to the hearing, the music industry and Pandora have been locked in a fierce lobbying battle over the Internet Radio Fairness Act (IRFA), which was introduced in September by Reps. Jason Chaffetz (R-UT) and Jared Polis (D-CO) and Sen. Ron Wyden (D-OR). The bill proposes to put Internet radio services on the same royalty-setting standard as cable and satellite radio stations, which Pandora believes will lower the royalty payments it pays to stream songs online. The debate over the bill comes as the current royalty agreement that record labels and Internet radio services reached in 2009 is set to expire in 2015.

Cigarette firms must run ads saying they lied

Tobacco companies must advertise that they "deliberately deceived" Americans about the health dangers of smoking and manipulated their products to increase addiction, U.S. District Judge Gladys Kessler.

The three cigarette giants -- Philip Morris, Reynolds and Lorillard -- must also state that smoking is responsible for 1,200 deaths every day and that secondhand smoke kills more than 3,000 Americans a year. The ruling finalizes wording for the ads, which she ordered in 2006 after finding that the cigarette giants violated racketeering laws.

Think Data Was Crucial in 2012 Election? Wait Until 2016

The 2012 election and big data are quickly becoming synonymous as the post-mortems and "How Obama Won" stories are published in the wake of the presidential contest. Speaking at Business Insider's Ignition conference in New York, Patrick Ruffini, president of Engage DC, and Blue State Digital CEO Thomas Gensemer weighed in on digital's role in the recent election cycle and the challenges that face the GOP in the data race for 2016.

The incumbent advantage was very real in 2012 -- especially when it came to implementing technology and organizing, Gensemer told the audience. "The biggest shift for democrats in this election was that we didn't have to deal with the primary," he said, noting that the general election focus allowed the Obama campaign to open up a series of field offices and digital infrastructures in swing states like Pennsylvania months before the Romney campaign. While Gensemer noted the Obama team's incumbent advantage, he also credits Howard Dean and Democrats with embracing digital as early as 2004. "Data and organizing have been the DNC's priority from 2010 onward," he said.

Further Inquiry into Issues Related To Mobility Fund Phase II

In this Public Notice, the Federal Communications Commission’s Wireless Telecommunications Bureau and the Wireline Competition Bureau seek further comment on a limited number of specific issues relating to the implementation of Phase II of the Mobility Fund.

As established in the USF/ICC Transformation Order and FNPRM, under Mobility Fund Phase II the Commission will award $500 million annually to ensure the availability of mobile broadband and high quality voice services in areas where such services would not otherwise be available. Building on the comments filed in response to the FNPRM and our experience to date in implementing a reverse auction to award one-time Phase I support, the Bureaus seek to develop a more comprehensive, robust record on certain of the issues related to the award of ongoing support for advanced mobile services. In this regard, we note that a number of commenters support having an opportunity to evaluate and learn from Mobility Fund Phase I before the program details of Phase II are finalized. In considering the issues discussed below, we request that commenters keep in mind that Phase II support is not one-time support, but is ongoing Phase II support aimed at expanding and sustaining mobile services.

Comments are due December 21, 2012; reply comments are due January 7, 2013.

How Google Plans to Find the UnGoogleable

If Google is to achieve its stated mission to “organize the world's information and make it universally accessible,” says Jon Wiley, lead user experience designer for Google search, it must find out about people’s hidden needs and learn how to serve them. And he says experience sampling -- bugging people to share what they want to know right now, whether they took action on it or not -- is the best way to do it.

“Doing that on a mobile device is a relatively new technology, and it’s getting us better information that we really haven’t had in the past,” he says. Wiley’s research may take Google in new directions. “One of the patterns that stands out is the multitude of devices that people have in their lives,” he says. Just as mobile devices made it possible for Google to discover unmet needs for information through the study, they could also be used to meet those needs in the future.

Brussels rejects UK broadband delay charge

Brussels has rejected claims that “stifling EU bureaucracy” was to blame for delays to the rollout of superfast broadband to Britain’s regions in an unusual public rebuke of Maria Miller, the UK culture secretary.

Joaquín Almunia, the EU’s competition commissioner, said “Brussels bureaucrats worked faster than their London colleagues” in clearing the way for state aid to hasten investment in high-speed internet services for rural areas. His comments came as Ms Miller was singled out for criticism by other ministers in an acrimonious cabinet meeting on Tuesday when the prime minister tackled several departments over the government’s faltering economic growth efforts.

UK press report goes to prime minister

The judge who spent a year investigating the misdeeds of Britain's lively newspapers is giving Prime Minister David Cameron an early look at his recommendations for the regulation of the press. Officials say Cameron will get a copy of Lord Justice Brian Leveson's report Nov 28, a day before the public sees it, but Cameron is already being besieged with advice about how to respond to the still-secret recommendations. The big question: Should the government legislate to regulate newspapers, or give them another chance at self-regulation?

Google Starts Public Campaign Against German Legislation

Google began a high-profile campaign against a German copyright bill that could force search engines to pay for linking to news articles, a move that the company said could hobble basic Internet functions in Europe's largest economy.

The legislation, which is set to enter its first round of debate in Germany's Parliament on Nov 29, would grant newspaper and other print publishers the right to prevent Google and its rivals from showing headlines and snippets of text from stories in search results unless the Internet companies paid royalties. Germany's newspaper industry, which includes powerful players such as media company Axel Springer AG, has pushed for the law, saying the search companies unfairly profit off the backs of news organizations and journalists. The copyright legislation would pave the way for publishers to get a share of the revenues that Google and others reap from ads next to news-search results. The concept is gaining ground in France and Italy, as well.

Rep. Darrell Issa introduces bill on Reddit that would prevent new internet laws for 2 years

Rep Darrell Issa (R-CA) is proposing a big legislative time-out in the form of a moratorium on new Internet regulations for the next two years.

It's certainly a bizarre move considering that Congress typically doesn't vote away its ability to do its job, but it's a defensive tactic that could resonate with an Internet audience that expressed concern about having to play whack-a-mole with bad internet laws following SOPA. The bill, named The Internet American Moratorium Act (IAMA), is currently just a "discussion draft" — which means that it's got a long way to go before even being considered for a vote by Congress. The bill's provisions are extremely broad, and would pretty much put a stop to all internet lawmaking.

A blanket ban on Internet legislation probably isn't a good thing, even if it gives Congress a little more time to educate itself on internet issues: the law would require both Congress and federal agencies, like the Federal Communications Commission, to put a halt on Internet regulation. That would mean the FCC's critically received Open Internet regulations would have to sit still for another two years (which might not be a problem for Republicans, like Rep Issa, who oppose network neutrality). It would also mean that the government would be unable to make new demands of companies like Facebook and Google to ensure the privacy of their customers through new regulations.

NCTA’s Powell: FCC Needs to Get Out of Mergers and Into Giving Wireless Its Due

Former Federal Communications Commission Chairman Michael Powell, now president of the National Cable and Telecommunications Association, says the FCC needs to be relieved of its merger review authority and made to understand that it needs to take wireless into account when it is looking at the competitive broadband market.

He argues the FCC’s role in merger reviews duplicates the efforts of Justice and the FTC for "trivial gains compared with the cost of the exercise.” He pointed out that reviews of mergers in other sectors -- like oil, gas or food -- some of which he suggested were even more important than communications mergers, were not subject to a similar dual gauntlet. He also suggested that the "dark side" of the FCC's merger review role was a sort of conditions "bazaar" created by the vague public interest standard. Powell got some pushback from panelist Blair Levin, now with the Aspen Institute, but formerly architect of the FCC's National Broadband Plan. Levin said that while wireless was a competitor for phone service, and that wireless broadband was obviously a big phenomenon, the broadband plan was skeptical that wireless would translate to cord-cutting, seeing most people as having both. He said he was not sure that, even with the incentive auctions, the FCC would be able to free up enough spectrum to allow wireless to compete in broadband, and added that usage caps could also make that competition problematic.