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November 2012

Renata Hesse named acting chief of DOJ's Antitrust Division

Attorney General Eric Holder has named Renata Hesse as the acting assistant attorney general for the Justice Department's Antitrust Division.

Hesse, a veteran of major technology cases, took over the post from Joseph Wayland. Hesse joined the Justice Department in 1997 and was the lead lawyer during the remedy phase of the antitrust case against Microsoft. She also oversaw the government's challenge of First Data Corp.’s acquisition of Concord EFS. She left DOJ in 2006 for private practice, but returned to the government last year when Federal Communications Commission (FCC) Chairman Julius Genachowski tapped her to oversee the agency's review of AT&T's $39 billion bid to buy T-Mobile. Opposition from both the Justice Department and the FCC forced the companies to abandon the deal late last year. She then returned to the Justice Department as a deputy assistant attorney general, leading the department's efforts on intellectual property issues.

Democrats troubled by Verizon's free speech argument in network neutrality case

Three top Democrats on the House Commerce Committee wrote a letter to their colleagues, calling attention to a "troubling" constitutional argument Verizon has made in its bid to overturn network neutrality regulations.

Reps. Henry Waxman (D-CA), Anna Eshoo (D-CA) and Edward Markey (D-MA) warned that Congress's power to regulate the communications industry would be severely restricted if the court accepts Verizon's claim that the network neutrality regulations violate its First Amendment free speech rights. "Although this First Amendment issue is being raised by Verizon in the context of the Open Internet Order, there is no apparent limit to the company's claim," the lawmakers wrote. "If the court accepts Verizon's argument, the role of Congress in enacting communications policy through power granted by the Commerce Clause — including efforts to protect consumers and promote competition in contexts far removed from the Open Internet rules themselves — could be radically undermined." The Representatives warned that overturning the network neutrality rules could undermine the success of the Internet. "This incredible economic success story is made possible by the fact that the Internet has always been an open platform where anyone with a good idea can connect to consumers across the globe and compete on a level playing field for their business," they wrote. They pointed to a brief defense of the rules filed by former FCC Chairman Reed Hundt, former FCC Commissioner Michael Copps and other former government officials. In that brief, the officials said Verizon's lawsuit fails to "state any valid or even seriously plausible constitutional claim."

Judge Approves FTC’s $22.5 Million Fine of Google

U.S. District Judge Susan Illston has approved a $22.5 million fine to penalize Google for an alleged privacy breach, rejecting a consumer-rights group's plea for tougher punishment.

She made her ruling a few hours after a hearing in San Francisco for final arguments about a fine that's the cornerstone a settlement reached three months ago between the Federal Trade Commission and Google. The rebuke resolves around allegations that Google duped millions of Web surfers using the Safari browser into believing their online activities couldn't be tracked by the company as long as they didn't change the browser's privacy settings. That assurance was posted on Google's website earlier this year, even as the Internet search leader was inserting computer coding that bypassed Safari's automatic settings and enabled the company to peer into the online lives of the browser's users.

FCC Announces Tentative Agenda For December Open Meeting

Federal Communications Commission Chairman Julius Genachowski announced that the following items will be on the tentative agenda for the next open meeting scheduled for Wednesday, December 12, 2012:

  1. Enabling Spectrum Sharing and Small Cell Wireless Broadband Services in the 3.5 GHz Band: The Commission will consider a Notice of Proposed Rulemaking to broaden its initiatives in unleashing broadband spectrum, promoting technological innovation, and encouraging investment via the creation of a shared access broadband service in the 3550-3650 MHz band for small cell use.
  2. Facilitating the Deployment of Text-to-911 and Other Next Generation 911 Initiatives: The Commission will consider a Report, Order and Further Notice of Proposed Rulemaking on developing the capability for Americans to contact 911 emergency services via text messaging. This would be a first step toward additional next generation services offering wider access to 911 responders.
  3. Reforming Rural Health Care Support: The Commission will consider a Report and Order on reforming the FCC’s universal service support programs for healthcare that would expand healthcare providers’ access to broadband, especially in rural areas, while increasing overall efficiency and accountability in the programs.

Tech activists alarmed by RSC retraction of copyright brief

The Republican Study Committee delighted the netroots community on November 16 when it issued a policy brief on copyright law that was friendly to their views. Fast forward 24 hours. The conservative group retracted the report on November 17, setting off a firestorm on tech blogs.

“These are very odd circumstances,” said Gigi Sohn, president of Public Knowledge, a public policy group. The paper, authored by RSC staffer Derek Khanna, suggested that copyright law is too tilted toward protecting content owners, and should be changed to allow for greater flexibility in sharing, shorten copyright terms and punish false claims. The tech community hailed the brief from the conservative policy shop, which is not known for backing such proposals. “The Republican Study Committee released a report on Friday that is so brilliant and visionary it's difficult for me to believe it was written by Republicans,” a Daily Kos blogger wrote. The retraction sparked an equal measure of consternation. “Why did the RSC retract it’s awesome paper on copyright?” tweeted Patrick Ruffini, a Republican political consultant who helped lead the battle against online piracy legislation. An RSC spokesman said November 18 the brief was retracted because it did not balance various views on copyright law. Sohn and other tech activists suspect that the entertainment industry weighed in on the report after it was published, though no one from the industry has said anything publicly about it.

Cell Phone Activities 2012

Fully 85% of American adults own a cell phone and now use the devices to do much more than make phone calls. Cell phones have become a portal for an ever-growing list of activities. In nationally representative phone surveys in the spring and summer, the Pew Research Center’s Internet & American Life Project obtained readings on some of the most popular activities including: 1) Taking pictures (82%), 2) Sending/receiving texts (80%), 3) Accessing the Internet (56%), and 4) Sending/receiving e-mail (50%).

Parents, Teens, and Online Privacy

Most parents of teenagers are concerned about what their teenage children do online and how their behavior could be monitored by others. Some parents are taking steps to observe, discuss, and check up on their children’s digital footprints, according to a new survey by the Pew Research Center’s Internet & American Life Project.

  • 81% of parents of online teens say they are concerned about how much information advertisers can learn about their child’s online behavior, with some 46% being “very” concerned.
  • 72% of parents of online teens are concerned about how their child interacts online with people they do not know, with some 53% of parents being “very” concerned.
  • 69% of parents of online teens are concerned about how their child’s online activity might affect their future academic or employment opportunities, with some 44% being “very” concerned about that.
  • 69% of parents of online teens are concerned about how their child manages his or her reputation online, with some 49% being “very” concerned about that.
  • Some of these expressions of concern are particularly acute for the parents of younger teens; 63% of parents of teens ages 12-13 say they are “very” concerned about their child’s interactions with people they do not know online and 57% say they are “very” concerned about how their child manages his or her reputation online.

Subcommittee on Communications and Technology
House Commerce Committee
Thursday, November 29, 2012
10:00 a.m.
http://energycommerce.house.gov/hearing/role-receivers-spectrum-scarce-w...

Subcommittee Chairman Greg Walden (R-OR) said, “Spectrum is essential to jobs, technology, and the economy. The demand for spectrum, however, is quickly outpacing the usable supply. As part of the subcommittee’s ongoing conversation on making smarter use of spectrum, we will discuss the role of receivers and examine how we can stay flexible while preparing for the next generation of innovation and advancement.”

A witness list, Majority Memorandum, and witness testimony will be posted when available.


Subcommittee on Communications and Technology
House Commerce Committee
Wednesday, December 12, 2012
http://energycommerce.house.gov/hearing/keeping-new-broadband-spectrum-l...

This hearing continues the subcommittees oversight over implementation of spectrum auctions, which will help meet soaring demand for wireless broadband services and fund a nationwide public safety network. The auctions were part of the Middle Class Tax Relief and Job Creation Act of 2012 and originated in the House Energy and Commerce Committee as Chairman Walden’s Jumpstarting Opportunity with Broadband Spectrum (JOBS) Act. Time and location will announced when available.

Witnesses:
Julius Genachowski
Chairman
Federal Communications Commission

Robert M. McDowell
Commissioner
Federal Communications Commission

Mignon Clyburn
Commissioner
Federal Communications Commission

Jessica Rosenworcel
Commissioner
Federal Communications Commission

Ajit Pai
Commissioner
Federal Communications Commission


Charles Benton Sworn in to serve on IMLS Board

Submitted by jeremy on Sat, 11/17/2012 - 13:07

Washington, DC— Yesterday, Associate Justice Ruth Bader Ginsburg administered the oath
of office, officially swearing in eight new members of the National Museum and Library
Services Board appointed by President Barack Obama. The board is the advisory body for the
Institute of Museum and Library Services (IMLS). Members of the board are selected to serve
based on their expertise and commitment to libraries or museums.

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