June 2014

FCC moves to caption the Web

The Federal Communications Commission is taking another step to make the Internet more accessible, voting in July on rules for closed captioning online video clips.

The vote, planned for the FCC’s July meeting, is the result of a years-long push -- and Chairman Tom Wheeler's personal interest -- to increase accessibility online. But the companies that would have to do the legwork to get the closed captions on online videos are warning the FCC to avoid unreasonable technological demands and timelines.

ConnectED Program Offers Schools Almost $2B in Products, Services

Close to $2 billion dollars in private company resources will flow into US schools through the ConnectED Initiative over the next three to four years.

Ten companies shared the specifics around what they were offering (see list below) at the showcase event on June 28, 2014, organized by the State Educational Technology Directors Association (SETDA). Strategically placed during the overlap between the SETDA Emerging Technologies Forum, and the International Society for Technology Education (ISTE) annual conference, participants from both conferences could attend to discover what company resources were available to them and how they could be accessed.

Tribune Company Hopes to Turn WGN America Into Cable Network

Every cable TV network needs one thing to thrust itself into the consciousness of viewers: a signature show that attracts ratings and passionate advocates.

Since March 2014, WGN, a channel that has lacked an identity for much of its more than three decades, has scored an unusual success with its first original drama, “Salem,” generating strong reviews and positive word of mouth. Too bad it is not a cable network.

Not yet, anyway. WGN America, as it is now called, is among the few remaining “cable superstations,” holdovers from cable’s early days when a few large local broadcast stations, relying mostly on sports -- like Chicago Cubs games on WGN -- carved out niches on cable systems, though they were not categorized as cable networks.

“Salem” is the first step in a strategy by the Tribune Company, owner of WGN America, to transform the superstation into a full-fledged cable network, creating yet another competitor in the increasingly crowded field of purveyors of distinctive television drama. Next up, in July, is “Manhattan,” a drama about the secret work to develop the atom bomb.

The New Video Ad Viewability Metric Is Drawing Scrutiny

The Media Rating Council is adopting a viewability metric, or “currency,” for online video ads that defines when viewable display impressions count. It’s the industry’s first attempt to address the problem of brands paying publishers for ads no one sees. While the industry generally welcomes the development, the fine print causes some concern.

Marketers are unhappy for the call to pay for ads when they’re only watched for two seconds and in cases where only half the video player is viewable in the browser.

“It’s way too short,” said Kevin Scholl, digital marketing manager at Red Roof Inn. “We want to set the metric, but does the starting point have to be so low?”

Amy Dickerson, VP, digital director at Spark SMG -- who is already negotiating deals for her clients using the MRC’s metric -- agreed. “Two seconds is not, by any means, a great representation of a 15-second [ad],” she said. “But it’s better than what we had.”

Why the Supreme Court May Finally Protect Your Privacy in the Cloud

[Commentary] When the Supreme Court ruled in the case of Riley v. California, it definitively told the government to keep its warrantless fingers off your cell phone. But as the full impact of that opinion has rippled through the privacy community, some SCOTUS-watchers say it could also signal a shift in how the Court sees the privacy of data in general -- not just when it’s stored on your physical handset, but also when it’s kept somewhere far more vulnerable: in the servers of faraway Internet and phone companies.

In the Riley decision, which dealt with the post-arrest searches of an accused drug dealer in Boston and an alleged gang member in California, the court unanimously ruled that police need a warrant to search a suspect’s phone. The 28-page opinion penned by Chief Justice John Roberts explicitly avoids addressing a larger question about what’s known as the “third-party doctrine,” the notion that any data kept by a third party such as Verizon, AT&T, Google or Microsoft is fair game for a warrantless search.

But even so, legal analysts reading between the opinion’s lines say they see evidence that the court is shifting its view on that long-stewing issue for online privacy. The results, if they’re right, could be future rulings from America’s highest court that seriously restrict both law enforcement’s and even the NSA’s abilities to siphons Americans’ data from the cloud.

Privacy groups grade lawmakers on NSA votes

A coalition of privacy groups is ranking lawmakers over their stance on surveillance reform as they press Congress to pass legislation. Twenty-one groups -- including the Electronic Frontier Foundation (EFF), Reddit and the Sunlight Foundation -- released a Congressional Scorecard that assigns lawmakers a grade based on their support for surveillance reform measures.

Some of the high scorers include surveillance critics Reps Zoe Lofgren (D-CA), Justin Amash (R-MI) and Suzan DelBene (D-WA), as well as Sens Richard Blumenthal (D-CT), Patrick Leahy (D-VT) and Ron Wyden (D-OR).

The leadership of the Intelligence Committees -- Senate committee Chairwoman Dianne Feinstein (D-CA), House committee Chairman Mike Rogers (R-MI) and ranking member Rep Dutch Ruppersberger (D-MD), who have defended the surveillance programs -- received failing grades.

“We believe that people have a right to know whether their members of Congress are doing their jobs and helping to end mass spying,” the groups said on the new site housing the scorecard. “Our scorecard shines a light on all members of Congress, allowing citizens of the Internet to see whether their elected representatives stand as champions or roadblocks to real surveillance reform.”

Privacy board to tackle spying programs

The Privacy and Civil Liberties Oversight Board (PCLOB) will release its next analysis of US spying programs soon.

The new report from the PCLOB, which declared that the National Security Agency’s (NSA) phone records collection program was illegal, will examine the agency’s collection of foreigners’ data.

The analysis comes as the Senate continues debate on legislation to overhaul the NSA’s operations and could provide ammunition to reformers looking for major changes.

The PCLOB’s report “will contain a detailed analysis” of programs targeting foreigners authorized under Section 702 of the FISA Amendments Act, it said. The government has cited that section of the law as authorization for its controversial PRISM program, which allows agents at the NSA to tap into networks at Facebook, Google and other major websites to scoop up information.

“It will address the Section 702 program's development and operation, statutory basis, constitutional implications, and whether it strikes the right balance between national security and privacy and civil liberties, and will make recommendations for policy reforms,” the PCLOB announced.

A New Cybersecurity Bill Could Give the NSA Even More Data

Privacy groups are sounding the alarm that a new Senate cybersecurity bill could give the National Security Agency access to even more personal information of Americans.

The Cybersecurity Information Sharing Act would create a "gaping loophole in existing privacy law," the American Civil Liberties Union, the Center for Democracy and Technology, the Electronic Frontier Foundation, and dozens of other privacy groups wrote in a letter to senators.

"Instead of reining in NSA surveillance, the bill would facilitate a vast flow of private communications data to the NSA," many of the same privacy groups warned in a second letter to lawmakers.

The goal of the bill, authored by Senate Intelligence Committee Chairwoman Dianne Feinstein and ranking member Sen Saxby Chambliss (R-GA), is to allow the government and private sector to share more information about attacks on computer networks. Privacy groups are worried that the legislation could encourage a company such as Google to turn over vast batches of emails or other private data to the government.

US Intelligence Community Offers a Little Insight Into Surveillance Activities

The Obama Administration provided a small peek into its intelligence surveillance efforts, releasing a new report on how many requests it made for information in 2013.

The report offers some new details about how many court orders it obtained in 2013 under the Foreign Intelligence Surveillance Act (FISA) -- about 1,900, along with an additional 178 requests for business records -- as well as a few details about the 19,000 or so National Security Letters (which are a form of subpoena) the government sent.

The report may not be particularly meaningful since intelligence officials still use vague definitions to describe data requests and the figures can’t be placed in context because we don’t have data from previous years.

Health data privacy helped fuel Supreme Court cellphone ruling

The possible presence of healthcare data on cellphones helped put the devices in a legal class worthy of heightened constitutional protections from warrantless searches by police, the US Supreme Court ruled. That unanimous decision, while narrowly focused on balancing the privacy rights of individuals and the “legitimate government interests” needed to enforce the law at the time of a person's arrest, could have broader healthcare implications, healthcare privacy specialists contend.

The decision could be used as a reference point, highlighting the special nature of healthcare information, as the healthcare industry wrestles to find a similar balance between patients' consent rights over disclosure of their medical records and the interests of healthcare providers, researchers and other commercial entities in getting less-fettered access to those records.

“I certainly didn't see any immediate potential impact for the healthcare industry, but I did find it interesting in demonstrating the court's continuing commitment to health information privacy,” said Adam Greene, a privacy lawyer with Davis Wright Tremaine in Washington. “It sets up precedent in the government having a very strong stake in protecting patient privacy above other interests.”