December 2013

US judge dismisses Apple consumer lawsuit over data privacy

US District Judge Lucy H. Koh has dismissed a consumer lawsuit over data privacy against Apple, saying the plaintiffs had failed to show they had relied on any alleged company misrepresentations and that they had suffered harm.

The four plaintiffs claimed in 2011 that Apple had violated its privacy policy, saying the iPhone maker had designed its iOS environment to easily transmit personal information to third parties that collect and analyze such data without user consent or detection. They also claimed that they suffered damages by paying too much money for their iPhones and by losing storage space, among other things, according to court documents. Judge Koh dismissed the case. "Plaintiffs must be able to provide some evidence that they saw one or more of Apple's alleged misrepresentations, that they actually relied on those misrepresentations, and that they were harmed thereby," Judge Koh said in the November 25, 2013 ruling.

(Nov 27)

Snowden docs: US spied on G20 summit

The United States spied on a G20 meeting in Toronto with the assistance of Canada's government, according to new documents leaked by former National Security Agency contractor Edward Snowden.

President Barack Obama and 25 other world leaders were gathered in Canada for six days in 2010. According to the documents, the US converted its Ottawa embassy into a security command post throughout the summit, with its efforts “closely co-ordinated with the Canadian partner.” The National Security Agency's Canadian “partner” is Communications Security Establishment Canada (CSEC), which, like the NSA, obtains intelligence by hacking computer networks, intercepting phone calls and engaging in other forms of digital espionage.

(Nov 28)

GSA's crowdsourcing website named finalist for innovation award

Challenge.gov, the General Services Administration’s online portal for crowdsourcing solutions to agency problems, is among five finalists for the prestigious Innovations in American Government Award sponsored by the Ash Center for Democratic Governance and Innovation at Harvard University’s Kennedy School.

The Ash Center -- named for Roy Ash, the first director of the Office of Management and Budget, and his wife Lila -- announced that GSA’s site was among five finalists for the annual contest highlighting successful programs in city, county, state and federal government. Finalists were selected from among 600 applications. The program involves the Education, Justice, Health and Human Services, Housing and Urban Development, and Treasury departments. The winner of the award, which is funded by the Ford Foundation and intended to highlight programs for replication by other agencies, will be announced in December 2013. GSA’s Challenge.gov site allows the government to crowdsource solutions to problems in a contest format, “bringing diversity in solutions and contributors,” said the center in a statement. “This is a pay-for performance model that saves money on key initiatives and broadly drives innovation within and beyond government.”

(Nov 27)

Northwest passage fiber optic line could support defense arctic strategy

A Canadian company’s bold project to install a high speed fiber optic network across the roof of the world could provide the Defense Department with broadband connections to support its new Artic strategy.

Arctic Fibre of Toronto plans to start construction in May 2014 on its $620 million, 24 terabit network linking London and Tokyo with a route through the Northwest Passage. The network is slated to start operating in January 2016. It will have 100 gigabit spurs to areas of Alaska that have minimal or no communications links, Douglas Cunningham, the company’s president told Nextgov. Arctic Fibre also plans to run another 100 gigabit spur into Prudhoe Bay on the northern coast of Alaska and then down to the Dalton Highway to Fairbanks, Cunningham said, providing high speed connections to interior Alaska.

(Nov 27)

Boosting STEM Education, Facebook Starts Christmas Early With Laptops for Schools

As part of its efforts to encourage learning in the science, technology, engineering, and mathematics (STEM) fields of education, Facebook is donating hundreds of free laptops to kids in schools around the San Francisco Bay Area. That came most recently in the form of a free laptop for every eighth grader at Everett Middle School in San Francisco, with a surprise visit from CEO Mark Zuckerberg Facebook CIO Tim Campos, who had 100 Lenovo Thinkpads in tow. (He gave 25 laptops to Mission High School students, as well.)

(Nov 27)

Open Issues for 600 MHz Auction: Paired or Unpaired, EA or CMA?

There’s been a lot of public debate about whether limits should be placed on Verizon and AT&T as the government makes plans to auction TV broadcast spectrum in the 600 MHz band. But considerably less attention has been paid to some other equally important decisions that must be made in connection with that auction.

One of the issues is how much spectrum should be made available on an unlicensed basis. Another issue that must be resolved is whether the band plan will be based on paired spectrum or whether some spectrum will be sold on an unpaired basis. Paired spectrum enables carriers to use one swath of spectrum for upstream traffic and a separate swath for downstream traffic, making it well suited for the frequency division duplexed form of the LTE standard known as FDD-LTE. But Sprint already has considerable unpaired spectrum and would probably like the opportunity to obtain more. The carrier plans to deploy an alternate form of LTE known as TD-LTE which separates upstream and downstream traffic using time division multiplexing, eliminating the need to use paired spectrum. TD-LTE is popular in other parts of the world -- including Japan, where it has been deployed by Sprint’s new owner Softbank. Perhaps the Federal Communications Commission will attempt to use different geographic areas for different portions of the spectrum swath freed up through the broadcast auction. Potentially the FCC also could opt to make a mixture of paired and unpaired spectrum available. But complicating matters is the fact that no one knows how much spectrum TV broadcasters will voluntarily relinquish. Accordingly any plan the FCC makes will need to plan for various amounts of total spectrum.

(Nov 27)

Europe’s response to U.S. surveillance is hopeful rather than harsh

[Commentary] The European Commission has laid out plans for “rebuilding trust” in the EU’s data-sharing agreements with the United States, following Edward Snowden’s revelations of mass surveillance by the National Security Agency and its British counterpart, GCHQ.

It so happens that the US and EU have been negotiating an “umbrella agreement” about data transfer and national security for the last three years. Even though this agreement won’t have much legal power -- EU member states have total control over their own national security -- the Commission reckons it’s a good place to base new rights for EU citizens when it comes to privacy under US law. Currently, those outside the US have no privacy rights under US law; the Commission wants to bring in “the right to judicial redress,” and it wants the issue sorted out by summer 2014. And what about US companies that find themselves in a bind when it comes to demands by US authorities for EU citizens’ data? The Commission suggested the existing EU-US Mutual Legal Assistance (MLA) agreement could provide the fix: “If US authorities circumvent the Mutual Legal Assistance agreement and access data directly (through companies) for criminal investigations, they expose companies operating on both sides of the Atlantic to significant legal risks."

(Nov 27)

EU to Stay in Data Pact With U.S.

The European Commission has decided not to withdraw from the so-called 'Safe Harbor' agreement on data protection following a review of the trans-Atlantic data-sharing pact, according to a draft commission document.

Safe Harbor protects US companies that participate from being sued in Europe under the European Union's data protection directive. Instead, it allows breaches to be dealt with in the US, while offering the same protection for EU companies operating in the US. While the protections are reciprocal, the agreement primarily benefits US companies, by shielding them from lawsuits under EU legislation, which is tougher in this area than its US counterpart. "Given the weaknesses identified, the current implementation of Safe Harbor cannot be maintained," said the commission, which is the EU's executive arm. "However, its revocation would adversely affect the interests of member companies in the EU and in the US... Safe Harbor should rather be strengthened." The EU will discuss the shortcomings of the deal with US authorities. Officials aim to propose remedies for current shortcomings by summer and have them "implemented as soon as possible." Exceptions for national security should be used "only to an extent that is strictly necessary and proportionate," the document adds.

(Nov 27)

H-P Replaces Verizon as Host of Website

The Department of Health and Human Services signed a contract with Hewlett-Packard to replace Verizon's Terremark subsidiary as its web-hosting provider for the federal health-insurance marketplace, according to people familiar with the matter.

Terremark's data center hosts key elements of HealthCare.gov, as well as a digital juncture used to exchange information between it and state-run exchanges, federal agencies and insurers. HHS had awarded $55.4 million to Verizon since its contract began in 2011, including an award for $9.4 million of new website capacity this month, federal contracting records show. But this spring, H-P's Enterprise Services group was awarded a $38 million contract to provide web-hosting services over the summer, contracting records show. The contract was for the government's health-insurance marketplace, said a person familiar with the matter. Terremark was a subcontractor on a bid for the new contract but lost out to H-P, said another person familiar with the matter. An HHS official said the agency "has begun the necessary activities to transition the data center to H-P." We are working to ensure a smooth transition between the two contractors." The federal government had worked with Verizon to make changes to the current system to improve its reliability in early November, the official said.

(Nov 27)