July 2013

Snowden’s surveillance leaks open way for challenges to programs’ constitutionality

The recent disclosure of U.S. surveillance methods is providing opponents of classified programs with new openings to challenge their constitutionality, according to civil libertarians and some legal experts. At least five cases have been filed in federal courts since the government’s widespread collection of telephone and Internet records was revealed last month. The lawsuits primarily target a program that scoops up the telephone records of millions of Americans from U.S. telecommunications companies. Such cases face formidable obstacles. The government tends to fiercely resist them on national security grounds, and the surveillance is so secret that it’s hard to prove who was targeted.

Nearly all of the roughly 70 suits filed after the George W. Bush administration’s warrantless wiretapping was disclosed in 2005 have been dismissed. But the legal landscape may be shifting, lawyers say, because the revelations by Edward Snowden, a former National Security Agency contractor and the principal source of the leaks, forced the government to acknowledge the programs and discuss them.

Court denies broadcasters' appeal to shut down Aereo

A federal appeals court denied a petition from television broadcasters to reconsider a decision that allows Internet video service Aereo to continue operating.

The TV networks argue that Aereo is stealing their copyrighted content and should be shuttered immediately. A three-judge panel of the U.S. Court of Appeals for the Second Circuit ruled against the broadcasters in April, rejecting their request for an injunction against the Internet start-up. The TV stations then asked the full Second Circuit Court to review the decision, but 10 of 12 judges declined to reconsider the case. The underlying lawsuit against Aereo, however, will proceed to a trial in U.S. District Court.

CBS Gets $225M Offer for Outdoor International Business

CBS said it received an irrevocable binding offer to acquire the assets of CBS Outdoor International for $225 million from Platinum Equity. The sale would give CBS more resources for its programming businesses. The company is also looking to spin off its domestic outdoor advertising business as a real estate trust.

Connecting the American Classroom: A Student-Centered E-Rate Program

In a speech at the American Enterprise Institute, Federal Communications Commission member Ajit Pai proposed to establish a student-centered E-Rate program.

His plan focuses on five key goals:

  1. Simplify the Program: Reduce red tape for fewer delays, more predictability, and no need to hire consultants
  2. Fairer Distribution of Funding: Allocate E-Rate budget across every school in America; Schools receive money on a per-student basis; funds follow students when they change schools
  3. Focus on Next-Generation Technologies for Kids: End funding for telephone service and eliminate disincentive to spend money on connecting classrooms
  4. More Transparency and Accountability: Create website where anyone can find out exactly how any school is spending E-Rate funds; enables parents, schools boards, press, and public to conduct effective oversight
  5. Fiscal Responsibility: Schools given fixed amount of money and must contribute at least one dollar for every three E-Rate dollars they receive; Cap overall USF budget before any increase in E-Rate budget.

Congressional Picks for DHS Head Include backers of Mass Surveillance

To fill the top job running the Homeland Security Department after Secretary Janet Napolitano steps down, lawmakers on the House Homeland Security Committee are suggesting individuals who have supported programs similar to National Security Agency digital surveillance initiatives.

Sec Napolitano is leaving DHS in September to lead the University of California.

Among the people Ranking Member Bennie Thompson (D-TN) would prefer, according to minority committee aides, is Rep. Loretta Sanchez (D-CA), a committee member who supported the divisive Cyber Intelligence Sharing and Protection Act, known as CISPA. The measure, which the House approved by a 288-127 vote in April, would allow the intelligence community to monitor the metadata of private emails for threat signatures or indicators of malicious software. Rep Sanchez successfully introduced a CISPA amendment aimed at blunting the power of intelligence officials to evade civil liberties oversight by assigning DHS officials to report to Congress on the legislation’s impact. Committee Chairman Michael McCaul (R-TX) has recommended, among others, New York City Police Commissioner Raymond Kelly, a long-time proponent of collecting and analyzing large amounts of data to detect crime trends and an advocate of using video cameras to monitor urban streets.

AT&T Vs. T-Mobile Device Upgrades: Which Plan Is Better?

Just days after T-Mobile launched a program enabling customers to upgrade their wireless devices more frequently, AT&T announced a similar plan. But details of the two companies’ plans vary considerably.

AT&T’s offering, dubbed AT&T Next, enables customers to upgrade their smartphones or tablets as frequently as once every 12 months. Under AT&T’s plan customers do not make a down payment on their device. Instead the cost of the device is spread over 20 equal monthly payments. There are no financing charges. If people want to upgrade after 12 months, they essentially reset the clock, beginning again with paying off the device over a new 20-month period. Their monthly payment decreases if they do not upgrade for 21 months or more.

T-Mobile’s plan, dubbed JUMP!, enables customers to upgrade more frequently. But according to information on the company’s website, customers do make an initial down payment. If you do the math, T-Mobile, like AT&T, does not have a financing fee. Instead, customers pay the balance of the cost of the device over a 24-month period. If the customer upgrades after six months, the T-Mobile website indicates he or she would make a new down payment and continue to pay for the remainder over the next 24 months – unless he or she upgrades again, in which case there would be another down payment and the counter would be re-set again for a new 24-month period.

First Look at Next.Data.gov

President Barack Obama talked about the importance of opening government data to the American people, so entrepreneurs and business owners can use those troves of information to create jobs and solve problems that government can’t solve by itself. He noted many examples of the Administration’s progress toward making that happen. Today, we’re excited to share a sneak preview of a new design for Data.gov, called Next.Data.gov. The upgrade builds on the President’s May 2013 Open Data Executive Order that aims to fuse open-data practices into the Federal Government’s DNA. Next.Data.gov is far from complete (think of it as a very early beta), but we couldn’t wait to share our design approach and the technical details behind it – knowing that we need your help to make it even better.

Apple-Samsung phone battle to hit appeals court in August

A court's decision not to prevent multiple Samsung handsets from being sold in the United States despite their being found to infringe Apple patents will go before an appeal's court in early August.

The U.S. Court of Appeals for the Federal Circuit in Washington (DC) said it will hear 15 minutes of oral arguments in the case from Samsung and Apple attorneys on Aug. 9. The hearing comes almost a year after a jury at the U.S. District Court for the Northern District of California in San Jose rejected arguments from Samsung and found that the company willfully set out to copy elements of Apple's iPhone when designing hardware and software for 26 of its phones and tablets.

Proposed Establishment of a Federally Funded Research and Development Center

The National Institute of Standards and Technology (NIST), Department of Commerce, intends to sponsor a Federally Funded Research and Development Center (FFRDC) to facilitate public-private collaboration for accelerating the widespread adoption of integrated cybersecurity tools and technologies. This is the third of three notices which must be published over a 90-day period in order to advise the public of the agency’s intention to sponsor an FFRDC.

Announcement of Grant Application Deadlines; Deadlines and Funding Levels

The Rural Utilities Service (RUS), an agency of the United States Department of Agriculture (USDA), announces its Public Television Station Digital Transition Grant Program application window for fiscal year (FY) 2013. The FY 2013 funding for the Public Television Station Digital Transition Grant Program is $2,775,327.