April 2013

CYBERSECURITY

HOUSE APPROVES CISPA
[SOURCE: The Hill, AUTHOR: Pete Kasperowicz, Jennifer Martinez]
The House approved cybersecurity legislation that sets up a framework for companies and the federal government to share information about threats. The Cyber Intelligence Sharing and Protection Act (CISPA), H.R. 624, was approved in a 288-127 vote despite ongoing fears from some lawmakers and privacy advocates that the measure could give the government access to private information about consumers. Ninety-two Democrats voted with Republicans in favor of the bill and just 29 Republicans opposed it. The bill secured enough votes to override a veto. That's greater support than last year, when a similar bill passed 248-168 with the support of 42 Democrats. Twenty-eight Republicans opposed that bill. President Barack Obama has threatened to veto the House bill and Senate Democrats have not said whether they would consider the bill at all. In an effort to address fears about the sharing of information with the government, members agreed to a last-minute amendment that would make it more likely that companies would share threat data with the Homeland Security and Justice departments. It would establish that a center within the DHS has the federal hub for cyber threat information-sharing efforts, and designate the Justice Department as the hub for all cybercrime information. That amendment passed in a 409-5 vote; the "no" votes came from Republicans. Supporters stressed that this change would help ensure this data is run through civilian government agencies before going right to the military.
benton.org/node/150099 | Hill, The | The Verge | ars technica
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HOUSE, SENATE SPLIT ON CYBERSECURITY
[SOURCE: Politico, AUTHOR: Tony Romm]
Chinese cyberspies are stealing businesses’ trade secrets. Iranian hackers are targeting U.S. banks. And the federal government is grappling with cyber espionage almost daily — even as it’s spending more than ever to stop it. Yet Washington — again — appears on the verge of another cyberwar with itself. There’s some movement to patch up the country’s shoddy digital defenses now that the House has passed a cybersecurity bill with significant bipartisan support. But Thursday’s legislative victory on the Cyber Intelligence and Sharing Protection Act — even in light of new cyber risks — isn’t enough to dissolve the political differences that have long left Washington so vulnerable. For now, the two chambers just don’t see eye to eye on cybersecurity — and the House’s bill as written cannot pass the Senate or earn a signature from President Barack Obama. Meanwhile, there remain related partisan feuds over the role of government in protecting the power grid, banking sector and other key industries from attack, not to mention the best way to safeguard Americans’ civil liberties.
benton.org/node/150116 | Politico
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CISPA LOBBYING
[SOURCE: Sunlight Foundation, AUTHOR: Keenan Steiner, Bob Lannon]
Interests supporting a controversial bill aimed at improving cyber security, set for a House vote Thursday, spent 140 times as much lobbying Congress as those on the other side of the debate and have dozens of former Capitol Hill insiders working on their behalf, an analysis by the Sunlight Foundation's Reporting Group shows. Sunlight's review of lobbying disclosures from the last session of Congress in Influence Explorer shows that backers of the Cyber Intelligence Sharing and Protection Act had $605 million in lobbying expenditures from 2011 through the third quarter of last year compared to $4.3 million spent by opponents of the bill. While it's impossible to say how many of those dollars were devoted to trying to influence votes on the CISPA bill (many of those entities have multiple interests before Congress), it provides some measure of the lopsidedness of the resources available to each side. The CISPA backers' advantage in the House comes, at least in part, from support of lobbying behemoths like the Chamber of Commerce, IBM, which sent nearly 200 executives to Capitol Hill Monday to advocate for passage. Also backing CISPA: major tech, telecom and financial companies, a Who's Who of the biggest spenders on Washington lobbying. The imbalance is also evident in the number of former staffers and members of Congress pushing for CIPSA. Among them: former Reps. Steve Largent, R-OK, who represents the wireless industry, Dave McCurdy, D-Okla., of the American Gas Association, and Cal Dooley, D-Calif., of the American Chemistry Council. McCurdy chaired the House Intelligence Committee in the early 1990s. The panel's current chairman, Mike Rogers, R-Mich., drafted the CISPA bill.
benton.org/node/150098 | Sunlight Foundation
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CISPA CHANGES FAIL TO WIN OVER PRIVACY ADVOCATES
[SOURCE: The Hill, AUTHOR: Jennifer Martinez]
Changes made to a cybersecurity bill that passed the House failed to win over privacy advocates who argued it would infringe on people's rights. Privacy and civil liberty advocates argue that the Cyber Intelligence Sharing and Protection Act (CISPA) would allow companies to share cyber threat data with the government and other businesses without taking steps to remove personally identifiable information first. Several of these groups — including the American Civil Liberties Union, the Center for Democracy and Technology and the Electronic Frontier Foundation — shot off statements expressing their concerns with CISPA on Thursday after the bill easily passed the lower chamber on a 288-127 vote.
benton.org/node/150102 | Hill, The
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INTERNET/BROADBAND

ONLINE SALES TAX BILL
[SOURCE: The Hill, AUTHOR: Brendan Sasso, Bernie Becker]
Senate Majority Leader Harry Reid (D-NV) has moved to bring online sales tax legislation to the Senate floor, likely setting up a vote for early next week. On April 18, he filed to end debate on the bill, which is known as the Marketplace Fairness Act. The move skips over the Senate Finance Committee, which has jurisdiction over the issue but has not held any votes or hearings on the bill this session. Finance Committee Chairman Max Baucus (D-MT) has insisted that the bill should go through his committee. He has expressed concern with the bill but said he would be willing to consider it as part of negotiations over broader tax reform.
benton.org/node/150110 | Hill, The
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NEWS FROM THE FCC

BOSTON’S WIRELESS ISSUES
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Federal Communications Commission Chairman Julius Genachowski said the commission will follow up on cell service issues in Boston, while emphasizing that the services had not shut down after the marathon bombings. "It was amazing," he said, citing the "first responders and ordinary citizens who immediately ran toward the explosions, the marathon runners who went straight from the finish line to the line to donate blood, and the doctors and nurses who dropped everything to treat the injured. "These amazing people together minimized the casualties and demonstrated the character of the American people. It reminded us once again that the best of America will always overcome even the worst of attacks." The chairman conceded that the event again raised issues of communications and public safety, ones the FCC has been working on. "Wireless networks were so overwhelmed by the temporary surge in traffic, that there were reports, incorrect ones, that mobile services had actually shut down," he said. He said it was vital to "be able to communicate in times of crisis, particularly to reach 911 and family." The FCC will certainly pursue this issue along with other agencies," he said, calling it an "institutional imperative" for the agency.
benton.org/node/150092 | Broadcasting&Cable
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FOREIGN BROADCAST OWNERSHIP
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Federal Communications Commissioners Jessica Rosenworcel and Ajit Pai both called on the FCC to act on requests to update its foreign ownership rules as they apply to broadcast stations holdings. They were voting to "streamline the foreign ownership policies and procedures that apply to common carrier radio licensees and certain aeronautical radio licensees," but took the opportunity to put in a plug for action on an outstanding request by broadcasters that the FCC move from a fixed 25% cap on foreign ownership to a case-by-case review. Both commissioners said they hoped the commission would act swiftly after receiving the last of its comments on the request by the Coalition for Broadcast Investment, which includes CBS, Clear Channel, Hearst, Ion, Sinclair and many others.
benton.org/node/150091 | Broadcasting&Cable
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FCC ANNOUNCES TENTATIVE AGENDA FOR MAY OPEN MEETING
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Federal Communications Commission Chairman Julius Genachowski announced that the following items will be on the tentative agenda for the next open meeting, scheduled for Thursday, May 9, 2013:
Expanding Broadband Access for Passengers on Planes: The Commission will consider a Notice of Proposed Rulemaking seeking to improve consumer access to broadband aboard aircraft and encourage innovation through establishment of an Air-Ground Mobile Broadband service in the 14.0-14.5 GHz band, while ensuring that existing users are protected from interference.
Promoting Commercial Space Operations: The Commission will consider a Notice of Proposed Rulemaking and Notice of Inquiry to ease access to spectrum for commercial space operators and enable increased federal government use of commercial satellite services, and seek comment on streamlining processes, eliminating unnecessary burdens, and identifying future communication and spectrum needs of the commercial space sector.
benton.org/node/150108 | Federal Communications Commission
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EMERGENCY COMMUNICATIONS

DIGITAL EVIDENCE
[SOURCE: Politico, AUTHOR: Jessica Meyers]
The Boston Marathon’s crowded finish line meant greater tragedy, but it also proved key to identifying the suspects in the bombing. Thanks to the ubiquity of security cameras and smartphones, authorities were able to release photos April 18 implicating two suspects in the marathon blasts. The suspects became part of a massive man hunt, followed by a dramatic overnight shooting that left one dead and one on the run early April 19. The sudden development reinforces the inevitable complications of crime solving, even with technology’s progression. Hundreds of shutters snapped and cameras rolled before and after the two explosions ripped through the city’s downtown, unintentionally capturing the moment and maybe even the culprits. Faced with this deluge of images, law enforcement officials combined facial recognition technologies, digital enhancements and old-fashioned detective work to sift for clues.
benton.org/node/150120 | Politico
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WIRELESS DEVICES AND FIRSTNET
[SOURCE: National Telecommunications and Information Administration]
FirstNet, an organization established under The Department of Commerce (DOC), National Telecommunications and Information Administration (NTIA), requests information on smartphones, routers, tablets, modems, specialized devices, security and privacy devices/applications, device management, other wireless equipment, applications. FirstNet is conducting market research as part of its planning for the potential future acquisition of devices to run on the FirstNet Network (FNN). FirstNet is requesting information to help determine future acquisitions, including contract requirements, and potential vendors. Specifically, FirstNet is looking for vendors with core competencies and demonstrated experience in developing and sustaining public safety quality products. Submissions must be received no later than Friday, May 31, 2013.
benton.org/node/150107 | National Telecommunications and Information Administration
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FIRSTNET OPERATING PARTNERS
[SOURCE: Fierce, AUTHOR: Tammy Parker]
Sue Swenson, board member of the First Responder Network Authority, made a pitch justifying the independent authority's reason for existing, noting a National Public Safety Broadband Network (NPSBN) will enjoy cost savings on devices and infrastructure. There were only 2 million public-safety users on 10,000 uniquely managed networks in 2010. That means there were only 200 users on average per network, causing the cost per public-safety user to be some 20 times that of the average commercial mobile network customer, said Swenson during a presentation delivered at the Competitive Carriers Global Expo in New Orleans. Interestingly, her comparison divided the full 300 million commercial mobile users in 2010 among only four networks--apparently referring to the four national operators: Verizon Wireless, AT&T, Sprint Nextel and T-Mobile USA. Swenson also addressed "perceptions and reality," attempting to counter arguments that FirstNet will strip local public safety officials of autonomy and control and that the 700 MHz (Band 14) LTE NPSBN will cost too much to build and operate. Although FirstNet will build a nationwide platform, public safety will set rules locally and maintain local management, she said.
benton.org/node/150081 | Fierce
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CONTENT

YOUTUBE AND VIACOM
[SOURCE: Los Angeles Times, AUTHOR: Meg James]
In an epic clash between old and new media, Google's video website YouTube has scored another huge victory in the long-running skirmish over copyright infringement brought by television giant Viacom. A federal judge in New York ruled that YouTube had not violated Viacom's copyright even though users of the popular online site were allowed to post unauthorized video clips from some of Viacom's most popular shows, including Comedy Central's "The Daily Show with Jon Stewart" and Nickelodeon's "SpongeBob SquarePants." U.S. District Judge Louis L. Stanton wrote in a 24-page opinion that YouTube was shielded from copyright infringement claims by a safe-harbor provision in the Digital Millennium Copyright Act. Judge Stanton dismissed Viacom's lawsuit, and ordered Viacom to pay some of YouTube's costs. “The court correctly rejected Viacom’s lawsuit against YouTube, reaffirming that Congress got it right when it comes to copyright on the Internet," Google's general counsel Kent Walker said. "This is a win not just for YouTube, but for people everywhere who depend on the Internet to exchange ideas and information.” YouTube founder Chad Hurley taunted Viacom Chief Executive Philippe Dauman, a longtime corporate lawyer, in a Twitter message, asking: "Hey Philippe, wanna grab a beer to celebrate?! YouTube Again Beats Viacom's Massive Copyright Infringement Lawsuit." This is the second time that arguments of Viacom, which is controlled by media mogul Sumner Redstone, have been rejected.
benton.org/node/150115 | Los Angeles Times | Wall Street Journal | paidContent.org
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EDUCATION

A FAILING GRADE FOR BROADBAND
[SOURCE: Slate, AUTHOR: Danielle Kehl, Benjamin Lennett]
[Commentary] The Internet is becoming as critical to student success as textbooks and blackboards—in many parts of the country, even basic homework assignments require access to the Web. This reflects not only a greater variety of educational resources available online to students, but also the rising importance of digital literacy as a fundamental skill. But even as companies create innovative new educational technologies—like cloud-based literacy programs, Skype-based tutors, and virtual math games—many policymakers and entrepreneurs are overlooking a critical factor that stands in the way of widespread adoption of these tools: adequate and universal broadband infrastructure. Without it, people in most parts of the United States are unable to use some of the most innovative educational technologies out there. As the tech leaps ahead and our infrastructure stays the same, the problem will only worsen. Entrepreneurs often suggest that innovation can happen only when government stays out of the way. But in order for innovative education technology to have widespread adoption, the government will need to play a role in supporting the development of next-generation networks and ensuring that they are accessible to everyone, everywhere.
[Danielle Kehl is a policy researcher focusing on broadband policy, internet governance, spectrum allocation, and ICT4D at the New America Foundation’s Open Technology Institute. Benjamin Lennett is the policy director for the Open Technology Institute at the New America Foundation.]
benton.org/node/150078 | Slate
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JOURNALISM

MEDIA AND BOSTON
[SOURCE: USAToday, AUTHOR: Rem Rieder]
It's crucial to get information to the American people, CNN anchor Wolf Blitzer intoned April 17, but "it's much more important to make sure we're precise and accurate." "I think we need to be, as you know, careful, because initial information can often be wrong," CNN contributor Fran Townsend said the same day. At least the network got those things right. Unfortunately, their comments came as the beleaguered cable news pioneer was in the midst of making yet another high-profile mistake: reporting that an arrest had been made in the Boston Marathon bombing. CNN had company: the Associated Press, Fox and the Boston Herald, among others, also went with the rapidly discredited story. Once again, four months after the error-riddled reporting on the massacre at Sandy Hill Elementary School in Newtown, Conn., there was a major media malfunction in the coverage of a mega-story.
benton.org/node/150119 | USAToday
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FOX AND THE GUN DEBATE
[SOURCE: New York Times, AUTHOR: Brian Stelter]
President Barack Obama hadn’t finished his first sentence when the Fox News Channel cut away from his Rose Garden remarks about the Senate’s defeat of a measure that would have expanded background checks for gun buyers. Viewers were told they could watch the rest online if they wanted to. Then the hosts of “The Five,” the channel’s 5 p.m. talk show, resumed their conversation about liberal media bias. The decision not to show the president’s angry rejoinder to the Senate vote — or to cover the vote in any detail an hour earlier — was the latest example of Fox’s evident lack of interest in the gun violence debate that has captivated many other media outlets. The channel, a favorite of conservatives, has refrained from extensive coverage while MSNBC, a favorite of progressives, has taken every conceivable opportunity to talk about it.
benton.org/node/150117 | New York Times
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RESEARCH

POWER OF BIG DATA
[SOURCE: The White House, AUTHOR: Tom Kalil, Fen Zhao]
As we enter the second year of the Big Data Initiative, the Obama Administration is encouraging multiple stakeholders, including federal agencies, private industry, academia, state and local government, non-profits, and foundations to develop and participate in Big Data initiatives across the country. Of particular interest are partnerships designed to advance core Big Data technologies; harness the power of Big Data to advance national goals such as economic growth, education, health, and clean energy; use competitions and challenges; and foster regional innovation. The National Science Foundation has issued a request for information encouraging stakeholders to identify Big Data projects they would be willing to support to achieve these goals. And, later this year, OSTP, NSF, and other partner agencies in the Networking and Information Technology R&D (NITRD) program plan to convene an event that highlights high-impact collaborations and identifies areas for expanded collaboration between the public and private sectors.
benton.org/node/150105 | White House, The
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COMPANY NEWS

VERIZON AND VODAFONE
[SOURCE: Financial Times, AUTHOR: Anousha Sakoui, Daniel Thomas, Paul Taylor]
Verizon has turned up the pressure on Vodafone to sell its minority stake in their US mobile joint venture by insisting that there would be no significant tax obstacle in offloading the holding, which is currently valued at about $120 billion. The US telecoms group estimates the tax bill would be considerably less than feared by many analysts, at under $10 billion, people close to the situation said. Some analysts had estimated that Vodafone could face a capital gains tax bill of up to $40 billion but Francis Shammo, Verizon’s chief financial officer, told analysts that a deal could potentially be done without major tax implications. Shammo said that the company was “extremely confident that such a transaction could be accomplished in a manner that is very tax-efficient and would not result in a tax on the gain in that stake”.
benton.org/node/150114 | Financial Times
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April 2013

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Telling the Story of Another Patriot’s Day We’ll Never Forget

April 19, 2013 (One Dead, One at Large in Boston)

Digital evidence mounting in Boston after marathon bombing

On Boston bombing, media are wrong – again

NAACP Criticizes CNN for Erroneous Boston Arrest Report

At Fox News, Less Attention Paid to Gun Debate Than Elsewhere

Congress still at cyber odds after CISPA passage

YouTube prevails in huge copyright suit with Viacom

Verizon steps up pressure on Vodafone

A Silicon Valley Vision for San Francisco