April 2013

European antitrust regulator douses telco industry hopes of merger leniency

A senior European Commission official suggested regulators would not be swayed by requests from telecoms companies for more leniency in assessing mergers, saying there was no guarantee that bigger companies would result in more investment.

Cecilio Madero, deputy director-general for antitrust at the European Commission, said: "Frankly speaking, we do not have evidence that operators will invest more if they reach a bigger size as long as markets will remain fragmented and along national borders." Lobbying group the European Telecommunications Network Operators' Association (ETNO) said the gloomy outlook in the sector in Europe, compared with upbeat prospects in Asia and North America, called for a change in EU competition policy. "In reality, competition has shifted from the national level, and indeed from European level, to the global arena," said ETNO head Luigi Gambardella. But the EC's Madero said: "What we cannot do in any event is to give some companies a sort of blank check to consolidate within their national borders and increase prices for consumers on the basis of mere promises of further investments."

Will broadcasters beat Aereo at its own game?

Networks are crazy with rage over Aereo, a startup that streams live broadcast content. But even as broadcasters are busy filing lawsuits against Aereo, they're also inking Web-streaming deals of their own.

Broadcasters are finally tapping into a potentially massive market, with more eyeballs and more ads. But they were generally afraid to do it until the Aereo threat loomed, argued Bernstein Research analyst Todd Juenger. "History suggests the networks and distributors can come out on top," Juenger wrote, joking that if it works out, broadcasters should "perhaps send a big 'thank you' note to Aereo, for providing the kick in the pants to motivate the industry into action." Juenger draws parallels between Aereo and TiVo, which set off a similar firestorm in 1999: After TV industry titans filed a barrage of unsuccessful lawsuits against TiVo, cable and satellite providers promptly launched DVR services of their own and ended up overtaking the market. So far, the Aereo story is quite similar.

EU data protection bill threatens citizens' rights, warns civil rights coalition

Some of the proposed changes to Europe's data protection laws would strip citizens of their privacy rights, a coalition of international civil liberties organizations said.

The European Parliament is currently considering proposals from the European Commission for a complete overhaul of the E.U.'s data protection laws. The original laws date from 1995, the pre-Internet age, and are arguably in great need of an update. However, the debate about how to update them has been intense. Creating one regulation to replace national data protection and privacy laws in the 27 E.U. countries obviously requires compromise, but many parliamentarians report never seeing lobbying on such a scale before. In an effort to reach some sort of consensus, more than 4,000 changes to the draft text have been proposed. The civil liberties coalition, which includes Access, Bits of Freedom, EDRI, La Quadrature du Net and Privacy International, has set up a website, nakedcitizens.eu, to help concerned citizens contact their representatives in the Parliament. The groups have also presented a report based on their analysis of the proposed amendments.

Britt: Google Fiber an ‘Overbuilder’

Time Warner Cable chairman and CEO Glenn Britt said Google Fiber, the 1 gigabit per second fiber-optic service launched by the search giant may have some of the glow from its parent, but in the end it isn’t offering anything that the MSO hasn’t successfully competed against for decades.

“What they’re doing is not any different than an overbuilder,” Britt said. “And we’ve had overbuilders for the last several decades in the business.” Time Warner Cable chief operating officer Rob Marcus noted that Google Fiber is currently in front of about 4,000 homes in Kansas City (2,000 of which are TWC customers) and so far, defections to the service are “de minimus.” He added that TWC’s subscribers in Kansas City and Austin represent about 2.5% of TWC’s total video and high-speed Internet customers. “Despite the glow, the products are essentially the same as others are offering,” Britt said. “The speeds for the last little bit of the plant are faster, but they connect to the same old Internet where most of the servers are actually slower. Who knows what their intentions are; they have to speak for themselves. I would question the economics of this and therefore their motives, but we’ll have to see what they do.”

European Commission seeks feedback on commitments offered by Google to address competition concerns

The European Commission invites comments from interested parties on commitments offered by Google in relation to online search and search advertising.

The Commission has concerns that Google may be abusing its dominant position in the markets for web search, online search advertising and online search advertising intermediation in the European Economic Area (EEA). Google has made proposals to try to address the Commission's four competition concerns. Interested parties can now submit their comments within one month. The Commission will take them into account in its analysis of Google's commitment proposals. If the Commission concludes that they address its four competition concerns, it may decide to make them legally binding on Google.

Google offers for a period of 5 years to:

(i) - label promoted links to its own specialized search services so that users can distinguish them from natural web search results,
- clearly separate these promoted links from other web search results by clear graphical features (such as a frame), and
- display links to three rival specialized search services close to its own services, in a place that is clearly visible to users,

(ii) - offer all websites the option to opt-out from the use of all their content in Google's specialized search services, while ensuring that any opt-out does not unduly affect the ranking of those web sites in Google's general web search results,
- offer all specialized search web sites that focus on product search or local search the option to mark certain categories of information in such a way that such information is not indexed or used by Google,
- provide newspaper publishers with a mechanism allowing them to control on a web page per web page basis the display of their content in Google News,

(iii) no longer include in its agreements with publishers any written or unwritten obligations that would require them to source online search advertisements exclusively from Google, and

(iv) no longer impose obligations that would prevent advertisers from managing search advertising campaigns across competing advertising platforms.

Transparency Report: More government removal requests than ever before

For the seventh time, Google released new numbers showing requests from governments to remove content from our services.

From July to December 2012, we received 2,285 government requests to remove 24,179 pieces of content—an increase from the 1,811 requests to remove 18,070 pieces of content that the company received during the first half of 2012. It has become increasingly clear that the scope of government attempts to censor content on Google services has grown. In more places than ever, Google has been asked by governments to remove political content that people post on our services. In this particular time period, Google received court orders in several countries to remove blog posts criticizing government officials or their associates.

Of particular note were three occurrences that took place in the second half of 2012:

  • There was a sharp increase in requests from Brazil, where Google received 697 requests to remove content from our platforms (of which 640 were court orders—meaning we received an average of 3.5 court orders per day during this time period), up from 191 during the first half of the year. The big reason for the spike was the municipal elections, which took place last fall. Nearly half of the total requests—316 to be exact—called for the removal of 756 pieces of content related to alleged violations of the Brazilian Electoral Code, which forbids defamation and commentary that offends candidates. We’re appealing many of these cases, on the basis that the content is protected by freedom of expression under the Brazilian Constitution.
  • Another place where Google saw an increase was from Russia, where a new law took effect last fall. In the first half of 2012, we received six requests, the most we had ever received in any given six-month period from Russia. But in the second half of the year, Google received 114 requests to remove content—107 of them citing this new law.
  • During this period, we received inquiries from 20 countries regarding YouTube videos containing clips of the movie “Innocence of Muslims.” While the videos were within our Community Guidelines, we restricted videos from view in several countries in accordance with local law after receiving formal legal complaints. We also temporarily restricted videos from view in Egypt and Libya due to the particularly difficult circumstances there.

Wi-Fi, Voice Calling Come to More New York City Subway Stations

Gov. Andrew Cuomo (D-NY) said that the Metropolitan Transportation Authority, the body for New York City’s arteries of public transit, had completed the first phase of a citywide project to install Wi-Fi and voice-calling service in its subway stations. Service is now expanded to 36 subway stations, including the six that were tested last year.

Major stations, including Times Square and Rockefeller Center, are included in the expansion. The project allows for voice-calling, text-messaging and Internet browsing from the station platforms — not on the trains themselves. And you’ll have to be a customer of participating wireless services to access voice and data. Carriers AT&T and T-Mobile have already signed on to provide service for wireless voice and data for their customers. Executives from Verizon and Sprint were also in attendance at Gov. Cuomo’s press conference, as the two carriers say they plan to be a part of the network down under.

Why lost , stolen data has touched one billion of us

[Commentary] In a study of organizations around the world, KPMG found that more than one billion people have been affected by data loss incidents in the last five years.

The sectors that sustained the greatest amounts of data loss in 2012 were education, technology, and government. To fight back, organizations today are investing heavily to increase protection and control of data, and equipping employees with the necessary tools and education to safeguard information. One of the most effective solutions is for companies to hire their own hackers. These "white hat hackers" break into their own company's systems to find and fix vulnerabilities before they can be exploited. Stronger security measures can help entities that are striving to stay ahead of data loss threats, but organizations must be committed to continuous improvement and adaptation. Today's protection strategies are likely to be obsolete tomorrow.

Senate Judiciary panel votes to require warrants for police e-mail searches

The Senate Judiciary Committee approved legislation that would require police to obtain a warrant before accessing e-mails, Facebook messages and other private online content. The bill, which is sponsored by Judiciary Chairman Patrick Leahy (D-VT) and Sen. Mike Lee (R-UT), was approved on a voice vote and now heads to the Senate floor.

Sen. Chuck Grassley (R-Iowa), the committee's ranking member, noted that the House is considering expanding Electronic Communications Privacy Act to require a warrant to access GPS data in addition to email content. He said that if the Senate decides to adopt GPS protections, the Judiciary Committee should first hold a hearing to study the issue more closely. He also argued that the Senate should carefully consider the concerns of Securities and Exchange Commission Chairwoman Mary Jo White, who has warned that the legislation could impede civil investigations where agents do not have warrant authority. The committee adopted an amendment from Sen Grassley on that would require the Government Accountability Office to conduct a review of how police are using the law. Leahy also added a technical amendment to clarify that the bill does not affect wiretap or foreign surveillance laws.

Sen Baucus: Bringing online sales tax bill to the floor is 'a travesty'

Sen. Max Baucus (D-MT) objected to an amendment to the online sales tax bill from Sen. Susan Collins (R-Maine). Sen Baucus, who serves as Chairman of the Senate Finance Committee, said it was a "travesty" that the Marketplace Fairness Act was not going through his committee before coming to the Senate floor.

"This is a travesty, the way this bill is being considered," Chairman Baucus said. Sens Collins and Angus King (I-Maine) said their amendment would have given retailers and states a year to comply with the Marketplace Fairness Act, S. 743, which would empower states to collect taxes on purchases made online by consumers in their states. Currently, the bill gives 90 days for compliance. The bill would exempt small businesses that earn less than $1 million annually from out-of-state sales and requires states to provide retailers with software to calculate sales taxes based on a buyer’s zip code. But some senators in states without sales tax, such as Montana, say it would burden retailers in their states by forcing them to collect taxes for other state governments.