September 2014

Lawyers are the new foot soldiers in the privacy wars

Law firms are moving to capitalize on the fallout of two game changers: Target's credit card fiasco and Edward Snowden's leak of government surveillance files.

Opportunities for lawyers suddenly seem almost limitless, amid the rise of social media and state-sponsored hacking; the perceived risks of cloud computing; and the promised “Internet of Things” connecting vehicles, appliances and other machines to the Web. Generally, lawyers say that the work covers a wide spectrum, from drafting disclosure policies to litigating when breaches occur to rendering advice on selling customer info to third parties, a common practice spotlighted two years ago by Facebook Inc.'s initial public offering. They're on consult when startups build “privacy by design” into their business plans and when established companies examine the backlogs of files they can -- and should -- purge.

Stalkers, Inc.

Modern advertising is not far from the world of “Minority Report”.

Internet ads now account for around a quarter of the $500 billion global advertising business, and the confluence of mobile devices and social networks allows advertisers to track and target people to a degree once reserved for fiction. As people spend ever more time online, thousands of firms are invisibly gathering intelligence about them, as our special report explains. By monitoring the websites people visit, these companies can infer their location, income, family size, education, age, employment and much more. One data firm has compiled a billion profiles of potential customers, each with an average of 50 attributes. Consumers are lumped into “segments” such as “men in trouble”—presumed to have relationship problems because they are shopping for chocolates and flowers—or “burdened by debt: small-town singles”. When people visit websites, advertisers bid to show them precisely targeted ads. The auctions take milliseconds and the ad is displayed when the website loads.

Cable Operators Continue To Lead Industry In Profitability: Report

Cable operators collectively will end 2014 with cash flow (EBITDA) margins of 41.3%, up from 40.7% last year -- not including Comcast, which is categorized as a conglomerate. It’s the best performance cable has generated in the last five years.

To be fair, cable operators spend a lot on capital improvements that this financial measure overlooks. Still, the strong performance -- driven in part by growing sales of broadband services — is way ahead of most in the pack of 10 media and entertainment sectors that EY tracked, which together should average 28%.

Consumer Access and Use of Online Health Records: It Takes Two to Tango

An increasing number of health care providers offer new electronic tools to patients, but are patients interested in engaging online with their health records? At the same time, the Blue Button Initiative, the meaningful use requirements in the Medicare and Medicaid EHR Incentive Programs, and the Health Insurance Portability and Accountability Act (HIPAA) all set the stage to get health information into patients’ hands to fuel greater patient engagement. But does enough patient demand exist to justify requirements for health care providers to offer patients the capability to access their health information online?

Health tracker Fitbit hires lobbying muscle

The health-tracking device company Fitbit has hired lobbying muscle as it faces questions from Capitol Hill about its privacy protections.

The company, whose wristband devices have become ubiquitous in some circles, brought on K Street heavyweight Heather Podesta + Partners to “educate lawmakers regarding health and fitness devices,” according to a federal lobbying disclosure form. Podesta, a former Capitol Hill staffer, will be representing the company herself, according to the form, along with two other former congressional aides: Eric Rosen and Benjamin Klein. The hire comes on the heels of concerns voiced last month by Sen. Charles Schumer (D-NY), that the detailed personal information Fibit and similar companies collect might be shared with other firms.

Making Diversity Broader and Deeper

A Q&A with Eglon Simons, president of the National Association for Multi-Ethnicity in Communications.

About three months into his term, Simons is beginning to leave his mark on the diversity organization. Ahead of NAMIC Conference in New York, the former Cablevision Systems and CBS executive spoke about his vision for NAMIC, as well as the industry’s diversity efforts.

Facebook Versus the Drag Queens

Recently, Facebook took aim at performers who use stage names instead of legal names in their Facebook profiles, forcing them to use their real identities.

The move didn’t go over well with people like Sister Roma, a member of the Sisters of Perpetual Indulgence, a San Francisco drag troupe. According to Sister Roma’s page, Facebook forced her to use the name Michael Williams. Unlike other social media platforms such as Twitter and Snapchat, Facebook requires members to use their real identities. “If people want to use an alternative name on Facebook, they have several different options available to them, including providing an alias under their name on their profile, or creating a Page specifically for that alternative persona,” a Facebook spokesperson wrote.

How a court ruling could boost power prices 20%

A ruling in May by a three-judge panel of the US Court of Appeals for the DC Circuit held that regional power grid operator PJM Interconnection LLC and other regional grid operators around the country don't have the legal authority to purchase “demand response,” the formal name for negawatts -- paying industrial firms and other big consumers of electricity to curtail their demand.

Only states can do that, the court ruled in a challenge brought by an association of power generators that includes Chicago-based Exelon. The decision has significant pocketbook ramifications. Eliminating negawatts to meet peak demand would tend to raise prices because it would force consumers to buy from less-efficient, higher-cost power plants that otherwise wouldn't qualify for capacity payments. The independent market monitor for PJM, which plays a market-referee role for the power grid stretching from Chicago across all or parts of 13 states to North Carolina's Outer Banks, estimated that -- if the court ruling stands -- the annual cost to reserve enough power capacity to meet demand during peak periods would rise as much as 124 percent from today's levels. Those capacity costs -- paid by all business and residential customers -- are embedded in the overall energy price reflected in their electric bills. The cost for energy would increase 1.5 cents per kilowatt-hour, or 20 percent above the 7.5 cents currently charged by Commonwealth Edison, according to an analysis by Mark Pruitt, former director of the Illinois Power Agency. That would inflate the revenue for power plants selling into northern Illinois, including Exelon's five nuclear stations in the northern part of the state, by about $1.3 billion.

US: Don’t Step on Freedom of the Press Abroad

[Commentary] Secretary of State John Kerry recently met in Jidda, Saudi Arabia to mobilize Arab nation support for the US-led effort to destroy the Sunni extremist group that is known as the Islamic State in Iraq and Syria (ISIS). According to The New York Times, a senior State Department official speaking before the meeting with Arab foreign ministers said Kerry planned to not only ask the Arab states to increase their public condemnations of ISIS, but also to “ask them to use their state-owned media, too.”

The Times said the official specifically mentioned two prominent news channels in the Middle East -- Al Jazeera in Qatar and Al Arabiya (owned by the Saudis but based in Dubai) as potentially part of this strategy for combatting ISIS through nationally owned media. Although media clearly are part of modern warfare, perhaps even more critical in an era of stateless terrorism and social media fluency, the U.S. should not be advancing the notion of having these news organizations slant their coverage to suit a particular foreign policy outcome, however admirable.

House Committee on Small Business
Wednesday, September 17, 2014
1:00 PM

The purpose of the hearing is to examine the telecommunication needs of small businesses and rural America.

Witnesses:

  • Thomas Wheeler, Chairman, United States Federal Communications Commission