June 2014

Europe's top court to review personal data exchange between EU and US

The Irish High Court has referred to a 14-year-old agreement governing the exchange of personal data between the European Union and the US to the EU’s top court.

The referral came in a case over whether the Irish Data Protection Commissioner was right to refuse to investigate Facebook’s alleged involvement with the US government surveillance program Prism.

Europe-v-Facebook, an Austrian group representing some Facebook users, filed a complaint with the Irish DPC over Facebook’s data exportation regime in June 2013. It argued that when Facebook collects user data and exports it to the US it is giving the US National Security Agency (NSA) the opportunity to use the data for massive surveillance of personal information without probable cause -- and by doing so, Facebook is violating European laws. European laws prohibit the transfer of personal data to non-EU countries that do not meet the EU’s standards for data protection.

Google Faces Fresh Antitrust Complaint in Europe

Google is facing fresh accusations of anticompetitive behavior in Europe over its Android operating system for mobile phones, even as the Web giant struggles to overcome separate concerns over its dominance of online search.

It said it filed with European Union regulators, Aptoide -- a Portuguese company that runs a marketplace for mobile applications, or app store -- claims that Google is abusing its dominant position in the smartphone market to push users away from app stores that rival its own, Google Play.

"We are struggling to grow, even to survive, in the face of Google systematically setting up obstacles for users to install third-party app stores in the Android platform and blocking competition in their Google Play store," said Paulo Trezentos, Aptoide's co-founder and CEO.

The Lisbon-based company, which says it has six million unique monthly users, said it planned to "join forces with other independent app stores to forge a common front" against Google. The complaint is the latest in a litany of antitrust woes facing the US search giant in Europe.

Once Browser Tech Partners, Google And Apple Are Divorcing. Is The Web In Trouble?

[Commentary] It’s a little more than a year since Google launched Blink, a custom engine used by Chrome to turn HTML and CSS code into what you see on your screen.

Before that, Chrome was powered by a tweaked version of WebKit, the Apple-led open source engine used by Safari.

But developers and browser makers alike say cross-browser development is actually less painful than it’s ever been, thanks to efforts by browser providers to keep the tools as functionally compatible and compliant with published standards as possible.

“I think that browser compatibility is actually way ahead of what it used to be," says Rey Bango. "If you look at the most modern versions of browsers, things are coming off really nicely." Far from creating silos or havoc, this move by Google shows how "competition" in the technology sector can be a much more nuanced concept than usually thought.

On the web, businesses, distribution networks, and services operate across so many layers of abstraction that practically no game is zero sum. A competitive marketplace keeps individual browser makers from rolling out major features that aren’t supported by their rivals, since developers won’t make much use of a feature that only works in one browser.

Google must remove list of websites around the world, Canadian court rules

Where does this stop? Courts in Europe have been forcing Google to scrub embarrassing search results, and now one in Canada has made an even broader ruling: it ordered the search engine to delete websites not only from the Canadian version of Google, but across the world as well.

The decision is part of an alarming trend of disappearing online information. The Canadian decision, in case you missed it, is about a company that is trying to stop a rival from selling network devices that it claims are the fruit of its stolen trade secrets. As part of its lawsuit, the company wants Google to remove all search results that link to the rival’s more than 300 websites.

In response, the Supreme Court of British Columbia has issued a sweeping temporary injunction. The injunction matters because it will have a global effect; in less than 14 days, people in Canada will be no longer be able to find the websites in Google, and neither will Google users in other countries.

Yahoo Reveals Work Force Data, Joining Tech’s Small Diversity Parade

Defining the scope of a problem is the first step toward solving it. Yet when it comes to the persistent lack of diversity in their work forces, Silicon Valley companies are quick with excuses and slow -- very slow -- to disclose even the barest data about the problem, even though they have been collecting and reporting the information to the federal government for decades.

Yahoo became one of the few companies to share basic demographic information on the diversity of its work force. Globally, about 37 percent of the Internet company’s more than 12,000 workers are women, and just 23 percent of the senior managers are women, Yahoo wrote. (The company declined to give a gender breakdown for the United States.)

Yahoo, which is one of the few tech companies run by a woman, Marissa Mayer, also provided data on the ethnicity of its United States work force, saying that 50 percent of its workers are white, 39 percent Asian, 4 percent Hispanic, 2 percent black and 4 percent undisclosed or more than one race. Asians make up 57 percent of Yahoo’s tech workers, compared with the 35 percent of the tech work force that is white. Yet when it came to leading technology teams, nearly four out of five of the bosses were white and less than a fifth were Asian.

Whites also dominated the nontechnical management jobs, although to a lesser extent. Yahoo’s disclosure, which came without commentary on causes or solutions, came in response to Google’s disclosure of its own diversity data at the end of May, which prompted some self-reflection at other Silicon Valley firms.

The ACLU’s latest lawsuit on warrantless cellphone tracking has hit a dead end

Earlier in June, the American Civil Liberties Union sued a local police department over the warrantless use of cellphone tracking devices, demanding that officials in Sarasota (FL), hand over court documents concerning the practice. The suit has now been thrown out.

State Circuit Court Judge Charles Williams found that he didn't have the jurisdiction to hear the case. That's because even though the case concerns a local police department, it was working on behalf of the US Marshals Service at the time that it deployed the stingray.

Stingrays are used to collect information on nearby cellphones by setting up a fake cell tower; when wireless phones try to connect with the stingray, those contacts get logged by law enforcement. The ACLU claims this is a violation of privacy.

The group said it tried to get Sarasota police to produce the application it filed to a judge for permission to use the stingray, as well as the judge's order. But then, the ACLU said, the US Marshals whisked the documents away to a federal facility, beyond the reach of Florida's public records law. Now the ACLU must either file a federal FOIA request to the US Marshals or continue fighting the court case.

Michael Barfield, the vice president of the ACLU of Florida, said privacy advocates have a chance if they can prove to the court that the records in question were state public records, not federal records. A written agreement between the US Marshals and another local police department on the use of stingrays seems to agree with that interpretation, he said.

Permanent Ban on ISP Tax Passes House Judiciary

The House Judiciary Committee has approved a bill that would make permanent the moratorium on Internet access taxes and multiple discriminatory online taxes.

The vote was 30 to 4 on the Permanent Internet Tax Freedom Act (HR 3086), and followed the defeat of an amendment proposed by ranking member John Conyers (D-MI), that would have simply extended the moratorium another four years, and removed a provision eliminating the grandfathered taxes of seven states who had those access taxes in place before the 1998 passage of the initial moratorium.

Several Democrats argued that a permanent ban was favoring the broadband sector, was a violation of states' rights, and did not allow Congress the flexibility to review the ban periodically to see if it was still necessarily, given that it was passed when the Internet was a fledgling. They also pointed out that removing the grandfather clause could mean hundreds of millions of lost revenues in those seven states -- including over $300 million in Texas alone -- which would mean states would turn elsewhere for the money, impacting other sectors.

Bill backers countered that the grandfather clause had been a way to give those states time to transition to other sources of revenue, and they had had 16 years to do so. Committee Chairman Bob Goodlatte (R-VA), argued that the Internet’s ubiquity was even more reason to insure that an ISP tax did not threaten its continued growth and prosperity.

Raleigh Rallies for AT&T’s ‘GigaPower’

In the wake of recent deals with Winston-Salem and Durham, Raleigh is the latest North Carolina city to ratify an agreement that clears AT&T to deploy “U-verse with GigaPower,” the telecommunications company’s fiber-based, 1-Gbps-capable platform.

Like the earlier deals, the one with Raleigh comes way of AT&T’s discussions with the North Carolina Next Generation Network (NCNGN), an initiative comprised of six cities, four universities, and local business leaders, that’s aimed at stimulating deployment of next-gen broadband networks in the state.

AT&T said the plan, like those others in NC, “outlines potential fiber deployments…to parts of Raleigh,” though the telco has not yet defines which parts will get access to GigaPower.

Is Copper The Future Of Fibre? G.Fast and The Battle Of Bandwidth

[Commentary] For operators with copper assets in the access network, there are two primary reasons for G.fast within FTTdp (the Broadband Forum’s ‘fibre to the distribution point’ architecture, which extends fibre to distribution points very close to the customer premises).

Firstly, it allows them to get to market more quickly with viable offerings able to compete, in ‘value-for-money’ terms, with end-to-end fibre (FTTH, fibre to the home) and the next update of the DOCSIS-based connections that offer high-speed Internet access over cable (coaxial or hybrid fibre/coaxial cable), a medium originally designed to deliver TV and sound programs to a mass audience.

Secondly, speed to market is coupled with a lower cost of deployment, making use of existing telephone wiring.

The cost of extending fibre to an individual customer premises can be prohibitive in variety of scenarios, such as in an apartment block with thick walls already wired with legacy copper, where FTTH deployment would be slow and expensive.

[Johnson is Chief Executive of UK based analyst house Point Topic]

CTIA's Baker calls for spectrum 'report card' to assess how government agencies use airwaves

CTIA President Meredith Attwell Baker wants to create a spectrum "report card" that would assess how efficiently government agencies are using their spectrum.

That's one piece of a broader agenda she has for getting more airwaves for mobile broadband use beyond this fall's coming auction of AWS-3 spectrum and the 2015 incentive auction of 600 MHz broadcast TV spectrum.

Baker, who became the head of the wireless industry's trade association and lobbying arm in early June, said a report card would "keep people's feet to the fire to make sure we're utilizing the spectrum, [and that] we're not warehousing it." She said that CTIA is going to continue to work towards the goal President Barack Obama laid out in 2010 to free up 500 MHz of spectrum for mobile and fixed wireless broadband use by 2020.

Baker said CTIA might push to go beyond that but wants to hit that milestone. Baker added that CTIA is also focused on sharing spectrum with federal agencies. "I want us to be at the forefront of sharing, and I want us to be able to test it and see how we can collaborate more successfully than we have in the past," she said.