September 2014

Can the FCC clear the way for cities to build broadband? Legal fight heats up over agency’s powers

Small cities want the federal government’s help in sweeping aside state laws that prevent them from offering better Internet service. The dispute has triggered a broader debate about the Federal Communications Commission’s power under the Constitution.

The outcome of the dispute, which turns on a single legal phrase, will not only determine the future of broadband in cities across the country, but will also be a test of strength for the FCC as it tries to regulate powerful cable and broadband providers. So what’s the legal issue? As it turns out, the public utilities’ argument for FCC power turns on the meaning of a four-word phrase: “or other regulating methods.”

With wireless competition heating up, time to thank the FCC

[Commentary] It's time to give the regulators who oversee the wireless industry a big cheer -- and urge them to keep up the good work.

Prices for smartphone service are coming down. The terms of wireless contracts are becoming less onerous and more transparent. Consumers unhappy with their carrier generally have three other big carriers to choose from. And the weakest of the Big Four wireless providers have been steadily improving their networks. You can give a good deal of credit for these positive developments to the Federal Communications Commission. Over the past three years, opposition from the FCC has helped quash two potential megamergers involving the Big Four, inspiring those companies to compete ever harder for your business.

Google Accord With Harvard Tie Fails Judge’s Smell Test

Google’s settlement of a privacy lawsuit probably won’t win approval because it includes a donation to an Internet research center at Harvard University and to other schools that attorneys who brought the case attended, a judge said.

US District Judge Edward Davila voiced his concerns at a hearing in San Jose (CA) over the settlement of a suit claiming the company transferred personal information contained in user searches to third parties including marketers and data brokers. The proposed accord includes several million dollars of funding for privacy research earmarked for institutes at Harvard, Stanford University and Chicago-Kent College of Law. “The elephant in the room is that many of them are law schools that you attended,” Judge Davila said. The judge said he had expected a wider net to be cast, and that it was exactly the same list of recipients as the lawyers presented to him a year ago. “I’m disappointed that the usual suspects are still usual,” Judge Davila said. The lack of transparency in the selection process “raises a red flag” and “doesn’t pass the smell test,” he said.

Apple, FBI investigate alleged theft of celebrity photos

The Federal Bureau of Investigation and Apple are looking into reports that someone stole photos of celebrities and posted the racy images online.

The photos, which included several of actress Jennifer Lawrence, circulated on various websites and social media platforms. The photos first surfaced on the image-based online bulletin board 4chan. Apple is “actively investigating” reports that the photos were stolen from its iCloud service. Apple did not say whether its service, or celebrity iCloud accounts, were breached. The FBI confirmed that it is aware of the hacking allegations and is “addressing the matter.”

New Voter Guide Follows the Money

Crowdpac is a web site that aims to produce a data-driven voter guide to help voters decide which candidates to support.

California introduces a smart way to combat phone theft vulnerabilities

[Commentary] California is now requiring phone makers to adopt technology that could curb cellphone theft. The rest of the country should, too.

California’s approach is particularly strong because it requires that the kill switch be primed and ready for activation when people buy their smartphones rather than relying on phone owners to set it up. That mandate will maximize the theft-deterrent value of the policy and save technologically ill-adept phone users a lot of trouble. The industry complains that it does not want to be required to comply with a patchwork of state security standards. We have an easy answer to that problem: Put in place a federal rule mirroring California’s that would apply everywhere.

The FCC’s next CTO is a network neutrality expert

University of California at Irvine Professor Scott Jordan is the Federal Communications Commission’s new chief technology officer. What’s particularly interesting in this case is that Jordan's engineering and technical expertise is a near-perfect overlap with many of the most complicated, most contentious issues facing the FCC today.

In announcing Jordan, the FCC highlight his work on "communications platforms, pricing, and differentiated services on the Internet," as well as the integration of "voice, data, and video on the Internet and on wireless networks." In short, much of the makings of the modern Internet. And while it's generally dangerous to parse an academic's publishing record to deduce how he or she might make public policy, Jordan has done us the favor of actually filing comments with the FCC the last time the commission considered rulemaking on the open Internet question. It's a nuanced take, distilled in Jordan and a co-author's statements that "neither the extreme pro nor con net neutrality positions are consistent with the philosophy of Internet architecture" and "the net neutrality issue is the result of a fragmented communications policy unable to deal with technology convergence."

Sports fan lobbyist fights NFL blackouts, taxpayer-funded stadiums, and Comcast

Since 1973, the National Football League has prevented local TV stations from broadcasting games when tickets aren’t sold out -- and Federal Communications Commission rules enable this decidedly fan-unfriendly policy. The rules are finally close to being overturned, and if they are you can thank David Goodfriend.

Founder of the Sports Fans Coalition, Goodfriend is an attorney and lobbyist with years of experience in government and private industry. He was a Clinton Administration official, a Congressional staffer, legal advisor at the FCC, and executive at Dish Network. The Sports Fans Coalition teamed with four consumer advocacy organizations in 2011 to petition the FCC to stop supporting the NFL’s blackout regime.

Phone Carriers Call for EU Rules to Hit Facebook and Google

Vodafone and Telefonica used a technology conference in Spain to call for the European Union to focus less on new rules for phone companies and more on Facebook and Google to reduce their dominance.

The carriers are battling so-called network neutrality proposals, championed by Internet companies, that they say will hurt business and discourage new products such as driverless cars. The proposals are meant to prevent carriers from blocking access to some websites or slowing Web traffic. “Network neutrality was invented by those who don’t want neutrality,” Telefonica Chief Executive Officer Cesar Alierta said. “All we request is a level playing field for the whole sector, not only for telcos.” Internet companies have become too dominant, giving them the power to control what applications are developed and used by consumers, the carriers said. “They’re so obsessed with us not having a market share of 40 percent in countries like Ireland, countries with 3 million inhabitants, but they’re not concerned about a well-known company having 90 percent of the market in search engines,” Alierta said.

EU Sends Questionnaire to Rivals Over Facebook Deal With WhatsApp

In an unusual move, European Union antitrust officials have sent a second wave of extremely detailed questions to the competitors and customers of Facebook and messaging service WhatsApp.