February 2014

Google Fights E-Mail Privacy Group Suit It Calls Too Big

Google, fighting claims that it illegally scanned private e-mail messages, argues it shouldn’t have to face a single lawsuit that lumps together hundreds of millions of Internet users.

Google contends a nationwide grouping of people who sent or received messages through its Gmail service over five years would “amalgamate an unprecedented collection of individuals,” according to a filing in federal court in San Jose (CA). The amount at stake could reach into the trillions of dollars if, as the plaintiffs argue, each person is eligible for damages of $100 a day for violations of the Electronic Communications Privacy Act. US District Judge Lucy Koh heard arguments over whether to certify the case as a class action. Her ruling has implications for e-mail privacy cases assigned to her that were filed last year against Yahoo! and LinkedIn, which also have hundreds of millions of users. In each case, class-action status would allow plaintiffs to pool resources and put greater pressure on defendants to settle.

Sen Al Franken Questions Whether Comcast Can Be Trusted With Time Warner Cable

Sen Al Franken (D-MN) is wondering: If Comcast failed to keep its promises in the NBCUniversal deal, why should it be trusted with Time Warner Cable?

Sen Franken is questioning whether Comcast has adequately complied with network neutrality, local content and unbundled access to Internet services -- promises it made as part of the NBC acquisition -- and has raised concerns that the Time Warner deal could raise cable prices. “I am concerned that the proposed acquisition could result in higher prices, fewer choices, and even worse service for consumers,” Sen Franken wrote in a letter sent to Federal Communications Commission Chairman Tom Wheeler. “To the extent that Comcast has a history of breaching its legal obligations to consumers, such history should be taken into account when evaluating Comcast’s proposal for future market expansion.”

Comcast disputes Franken’s suggestion that it hasn’t made good on its NBCU promises. “Comcast is proud of our track-record on complying with the conditions from our past transactions including NBCUniversal,” said the company. “We’ve gone above and beyond in compliance with most conditions, including our low-income broadband program, the amount of local news programming and investment in local stations, the amount of on-demand programming, especially children’s programming, and many more areas.”

California court OKs using cellphone map while driving

Talking on a cellphone while driving, get a ticket. Text while driving, get a ticket. Glance at that all-powerful map on your iPhone while driving? No problem.

That was the conclusion of a state appeals court in Fresno, which for the first time in a California case found that drivers can use maps on their smartphones without risking a hands-free cellphone ticket. The court's ruling is almost certain to be welcomed by drivers who've come to depend on maps programs and GPS functions to get where they're going, but it is unlikely to end the confusion over what's legal -- and what's not -- under California's hands-free law.

Nude Webcams and Diet Drugs: the Facebook Ads Teens Aren't Supposed to See

Young Facebook users are sometimes exposed to ads inappropriate for them and the ads highlight Facebook's challenge in policing a social network that has more than a billion users and a million advertisers, by its count.

Facebook generated roughly $7 billion in Internet advertising last year, more than any other company except Google. One issue for the social network -- as well as for advertisers and for parents -- is that some young teens exaggerate their ages in their Facebook profiles. Thirteen is the minimum age to join Facebook. The situation is compounded by Facebook's social advertising system, in which users who click to "like" an ad can be featured as having "liked" it in future versions of the ad shown to their Facebook friends. And once they "like" an ad for a Facebook page, they will receive updates from that page. Advertisers on Facebook can set their ads to reach all users or narrow the focus. Facebook's website says it can help advertisers target consumers based on an array of user information it collects, such as age, gender, relationship status, politics and type of phone owned.

Apple Wins Dismissal of $2.2 Billion German Patent Suit

Apple won the dismissal of a 1.57 billion-euro ($2.2 billion) lawsuit in Germany over technology used to decide priority for calls in mobile networks.

Apple doesn’t infringe two patents asserted by IPCom GmbH, a court in Mannheim ruled, without giving the reasoning for its decision. HTC also won dismissal of a related IPCom claim over one of the patents. The rulings are a blow to Munich-based patent holding company IPCom which has sued mobile-device makers over technology it acquired from Robert Bosch GmbH in 2007. The “100” series patents, which also apply methods helping to place emergency calls, are the central piece of its portfolio. IPCom, which doesn’t make any products, is one of a group of firms that license its patents and file lawsuits to generate revenue, earning the moniker “patent trolls” from its targets.

AT&T Said to Build Europe Case Without Saying ‘Vodafone’

AT&T executives huddled with small groups of investors in Barcelona to discuss their willingness to own cable assets and stretch their balance sheet for big investments in mature economies like those in Europe, said people with knowledge of the matter.

AT&T, which is said to remain interested in acquiring Vodafone, started each meeting by saying that it wouldn’t be discussing Vodafone, due to UK takeover rules preventing it from bidding for five more months, the people said, asking not to be identified because the discussions were private. AT&T Chief Financial Officer John Stephens said his company understands the cable business and knows how to integrate it with wireless phone services, said these people. He also said AT&T is willing to pursue large strategic deals, even if it means increasing leverage to afford a transaction and maintain the dividend, the people said. The name of Vodafone -- Europe’s largest telecommunications firm with a market value of 65 billion pounds ($108 billion) -- wasn’t mentioned again after the initial disclosure in the meetings at the Hotel Arts Barcelona during the Mobile World Congress, the people said.

Missing at Mobile World Congress: Innovation

The hottest showcase for new technology at this year's Mobile World Congress wasn't in the event's cavernous exhibition halls. It was actually about two miles away, at an affiliated show for startups and venture capitalists.

In a makeshift array of stages, geodesic tents and seats made from beer crates, organizers of the spinoff gathering titled Four Years From Now, or 4YFN, played host to an array of mobile-related startups with products like GPS for motorcycle helmets, and an application for Google's computer-enabled glasses that lets users buy things with a nod of the head. Innovation has been hard to come by in Barcelona this year. At over one million square feet, Mobile World Congress is the mobile industry's biggest yearly conference. But this year's show offered another cascade of glass-slab devices that varied in size and, maybe, color. That stagnation reflects a broader shift in the mobile business, as the smartphone revolution nears the end of its first wave, with penetration beginning to plateau in developed countries. New advances are coming increasingly from pure tech companies developing new Web- and location-enabled services, or even tiny makers of apps and gadgets far away from the main action.

China’s President Will Lead a New Effort on Cybersecurity

President Xi Jinping is presiding over a new working group on cybersecurity and information security, a sign that the Communist Party views the issue as one of the country’s most pressing strategic concerns. The government said President Xi and two other senior leaders, Prime Minister Li Keqiang and Liu Yunshan, a member of the Politburo Standing Committee, would help draft national strategies and develop major policies in a field that might include protecting national secrets and developing digital defenses, among other goals. “Efforts should be made to build our country into a cyberpower,” President Xi said.

Weekly Digest

Netflix, Comcast and Our Changing Internet

Have three sentences ever generated so much ink? On February 23, 2014, Comcast released the following statement:

Study: Film industry beefing up lobbying

The film lobby has been dramatically beefing up its presence in Washington by giving millions of dollars to lobbyists and nonprofit political groups, according to a Citizens for Responsibility and Ethics in Washington (CREW) report.

CREW found that the Motion Picture Association of America (MPAA) increased its spending on nonprofit political groups by more than 2,000 percent between 2009 and 2012. Some of the groups benefiting from the contributions are the same ones that the film lobby joined with in a failed 2012 push to get anti-piracy bills passed in Washington. “In the past, the MPAA relied on glamour and private screenings to influence Congress. No longer. Now it is all about money and connections,” CREW Executive Director Melanie Sloan said. Since the defeat of the Stop Online Piracy Act (SOPA) and Protect IP Act (PIPA), the MPAA has hired the former chief counsel on the House Commerce Committee, Neil Fried, to lead its lobbying team. It hired two more lobbyists: former staffers for Senate Minority Leader Mitch McConnell (R-KY) and Rep John Conyers (D-MI) on the House Judiciary Committee.