BENTON'S COMMUNICATIONS-RELATED HEADLINES for APRIL 29, 2015
See Today's Events On Our Calendar: https://www.benton.org/calendar/2015-04-29
PRIVACY/SECURITY
With clock ticking, lawmakers unveil Patriot Act bill
Will new laws give federal cybercops too much power?
Facebook's login system is being hijacked by China's Great Firewall
Franchising a Student Digital Privacy Law
Facebook, Google, Microsoft ask Congress to pass privacy rights for Europeans [links to web]
INTERNET/BROADBAND
Broadband Opportunity Council Seeks Comment on Ways to Further Expand and Promote Broadband Deployment, Adoption and Competition - NTIA press release
FCC Chairman Wheeler Launches Broadband Privacy Discussion
Iowa Broadband Legislation Rolls Ahead
When AT&T promises broadband -- but delivers only 300Kbps [links to web]
Survey Says: Wi-Fi’s Worth the Money [links to web]
Lightower Fiber Networks to Merge with Fibertech Networks [links to web]
NET NEUTRALITY
USTA Supports Net Neutrality, Except When It Doesn’t - analysis
'Tech Elder' Berninger Seeks FCC Stay of Title II [links to web]
A More Equal Internet: India’s Net Neutrality Hangs in Balance - analysis [links to web]
The one thing that can stop Moore’s Law: Title II Internet regulation - AEI op-ed [links to web]
EMERGENCY COMMUNICATIONS
Public-Safety Broadband Network: FirstNet Should Strengthen Internal Controls and Evaluate Lessons Learned - research
Bright House, Comcast Offer Free Calls to Nepal [links to web]
CONTENT
Diverse Coalition Launches to Promote Balanced Copyright Law, Creativity and Free Speech
The uptick in racial tensions has far less to do with President Obama and far more to do with your smartphone - analysis [links to web]
Baltimore Riots: Social Media and the Crisis on My Doorstep - analysis [links to web]
The sexting scandal no one sees [links to web]
New original content from top YouTube creators - YouTube press release [links to web]
Casting Early Presidential Vote Through Facebook by Clicking ‘Unfollow’ [links to web]
TELEVISION
House Members Push For NCTC Program Access Rights [links to web]
Cablevision is bringing Hulu to its cable boxes [links to web]
As C3 Ratings Continue Drop, Cable Adds Spots [links to web]
In Advertising Battle, TV Fights Back Against the Web [links to web]
Psychonalyzing Comcast - Holman Jenkins Jr op-ed [links to web]
WIRELESS/SPECTRUM
Remarks of FCC Commissioner O'Rielly Before the 2015 Wireless Infrastructure Show - speech
Ovum: Thanks to 4G, Carriers Could Shut Down 3G Before 2G [links to web]
T-Mobile CEO implies T-Mobile could someday merge with a cable company [links to web]
Spectrum Favoritism Is Bad Economics - Forbes op-ed [links to web]
GOVERNMENT & COMMUNICATIONS
Yes, the Comcast-Time Warner deal collapsed, but Big Cable still has plenty of friends in Washington -Michael Copps op-ed
Survey: Most Americans Just Not That Into Uncle Sam's Digital Services [links to web]
These Are the Tech Trends Government Might Not Be Ready For [links to web]
US Is Faulted for Risking Edge in R&D [links to web]
OMB: FITARA Guidance Coming This Week [links to web]
OWNERSHIP
Time Warner Cable Adviser Contacted Cox Communications [links to web]
COMPANY NEWS
Google tries to win EU friends with €150 million Digital News Initiative fund
Microsoft phones infringe patents -- US International Trade Commission Judge
Exec: Verizon SDN Plans Include Wireless and Landline Networks [links to web]
ADVERTISING
Kantar, ComScore Offer Cross-Media Data [links to web]
Digital is reshaping the world of advertising [links to web]
DIVERSITY
Comcast, Cox Among Diversity Inc.'s Top 50 [links to web]
HEALTH
Using consumer health data: Some considerations for companies - FTC press release [links to web]
JOURNALISM
Journalists Facing Biggest Threats in Recent Times, Advocacy Group Says [links to web]
President Obama calls out media for coverage of Baltimore [links to web]
STORIES FROM ABROAD
Google’s Looming Battle Over Search - op-ed
European disintegration threatens business on the Internet - op-ed
US tech groups spawn a fight between Europe’s data regulators [links to web]
Facebook, Google, Microsoft ask Congress to pass privacy rights for Europeans [links to web]
A More Equal Internet: India’s Net Neutrality Hangs in Balance - analysis [links to web]
How the Chinese Web Came to Believe the CIA Tried to Assassinate Edward Snowden [links to web]
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PRIVACY/SECURITY
WITH CLOCK TICKING, LAWMAKERS UNVEIL PATRIOT ACT BILL
[SOURCE: The Hill, AUTHOR: Julian Hattem]
A bipartisan group of lawmakers introduced major reforms to the National Security Agency along with extensions to three expiring provisions of the Patriot Act. The negotiated legislation from House Judiciary Committee leaders -- including Chairman Bob Goodlatte (R-VA) and Sens Patrick Leahy (D-VT) and Mike Lee (R-UT) -- would enact the largest changes to America’s intelligence powers in more than a decade. “As several intelligence-gathering programs are set to expire in a month, it is imperative that we reform these programs to protect Americans’ privacy while at the same time protecting our national security,” Chairman Goodlatte said in a joint statement along with the other House authors, Reps. John Conyers (D-MI), Jerrold Nadler (D-NY) and Jim Sensenbrenner (R-WI), the original author of the Patriot Act. The new bill, called the USA Freedom Act, would effectively end the NSA’s phone records collection. Instead, it would require agency officials to obtain the records from private phone companies after securing a court order. It would also add a new panel of experts to the secretive Foreign Intelligence Surveillance Court, allow US tech companies to disclose more about the information they are forced to hand over to the government and impose limits on the FBI’s use of “national security letters,” which is one way the government obtains companies’ records. Still, it could meet opposition both from hawks concerned about weakening American security and from civil libertarians who oppose reauthorizing the Patriot Act without more sweeping changes. The American Civil Liberties Union quickly came out against the bill, saying it does not go far enough. “The disclosures of the last two years make clear that we need wholesale reform. Congress should let Section 215 sunset as it’s scheduled to, and then it should turn to reforming the other surveillance authorities that have been used to justify bulk collection,” said Jameel Jaffer, the group’s deputy legal director.
benton.org/headlines/clock-ticking-lawmakers-unveil-patriot-act-bill | Hill, The | The Hill | Washington Post | nextgov
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WILL NEW LAWS GIVE FEDERAL CYBERCOPS TOO MUCH POWER?
[SOURCE: The Verge, AUTHOR: Russell Brnadom]
The House of Representatives recently passed the Protecting Cyber Networks Act (HR 1560), which would establish new sharing guidelines and liability protections, and the Senate is expected to take up the bill in the coming weeks. At the same time, many see PCNA and other bills like it as an unprecedented intrusion into otherwise neutral networks -- what Sen Ron Wyden (D-OR) described as "a surveillance bill by another name." While most researchers still see themselves as engineers, there's a growing fear that these new measures will turn them into detectives. The result is one of the more puzzling privacy fights in recent memory, as Congress looks to legally authorize the information sharing that's already taking place, and privacy advocates say the bills in question aren't about sharing information at all. So what's wrong with the way data is shared, and how do the new bills plan to fix it? And more importantly, can they do it without turning network operators into spies? For law enforcement agencies, the point of tracking a threat is to catch the criminals behind it, not just to fix the vulnerability that let them get in. If there's technical evidence in the wake of an attack like Target, agencies like the FBI want to use that evidence to find the parties responsible, and hopefully throw them in jail. That's a shift from the current research landscape, which generally sees attribution as secondary to patching vulnerabilities and identifying malicious code, but many in government see it as a necessary change. It's also a priority for President Barack Obama, who laid out the plan in his 2009 Cyberspace Policy Review, a document that insiders say is still guiding the White House's agenda in the area. "Key elements of the private sector have indicated a willingness to work toward a framework under which the government would pursue malicious actors," reads one passage from the review. At the same time, much of the security community sees the drive to catch criminals as a distraction from the more important work of securing system. It’s hard to say whether these measures will be enough, and it will be difficult for any info-sharing bill to split the difference between patching vulnerabilities and chasing criminals. Whatever happens in Congress, that larger split may be much harder to fix.
benton.org/headlines/will-new-laws-give-federal-cybercops-too-much-power | Verge, The
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FACEBOOK'S LOGIN SYSTEM IS BEING HIJACKED BY CHINA'S GREAT FIREWALL
[SOURCE: The Verge, AUTHOR: Russell Brandom]
For the last three days, China's Great Firewall has been intercepting the Javascript module from Facebook Login, which allows third-party sites to authorize users through Facebook infrastructure. First reported on April 26, the attack causes sites using Facebook Login to redirect to a third-party page for many web users in China. "This behavior is occurring locally and beyond the reach of our servers," a Facebook spokesperson said. "We are investigating the situation." Because the code is intercepted within China's national telecommunications infrastructure, only users located in China (and accessing the web without a VPN) will be affected. The attack can also be avoided by disabling Javascript, since the inserted code runs as a Javascript applet. Readers in China have confirmed that the redirection attack was still under way as of April 28. Local media in Beijing has also reported on the problem. The Great Firewall began intercepting the Facebook Login applet, replacing it with a new single-line redirection code from two third-party sites. The result is that, for non-VPN users in China, any page with a Facebook Login button has been redirecting to two sites: wpkg.org or ptraveler.com, an open-source software project and a personal travel blog respectively. It's unclear why the Chinese government would want to send users to these sites, although ptraveler.com seems to have been brought down by the flood of traffic.
benton.org/headlines/facebooks-login-system-being-hijacked-chinas-great-firewall | Verge, The | FastCompany
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FRANCHISING A STUDENT DIGITAL PRIVACY LAW
[SOURCE: New York Times, AUTHOR: Natasha Singer]
I was skeptical when James P. Steyer, the chief executive of Common Sense Media, a children’s advocacy and media ratings group in San Francisco (CA), called me in the fall of 2013 to announce that he was going to have a law passed in California to restrict how education technology companies use student data. Steyer was not just worried about possible commercial exploitation of student data, he said. He also foresaw that parents’ mounting privacy concerns could scuttle the adoption of education technology in schools -- a cause he and his group have championed. “I said, ‘Holy Toledo, this is a mess waiting to happen,’ ” Steyer recalled during a conversation in Washington. “I said, ‘There’s a huge issue around student data and student privacy. We’ll draft a law.’ ” And so it came to pass. Last September, Gov. Jerry Brown (D-CA) signed the bill -- titled the Student Online Personal Information Protection Act -- that Steyer originally envisioned. Common Sense Media is planning a more ambitious national effort that includes promulgating student privacy laws this year in about a dozen states, among them New Hampshire. The strategy his group used in California provides a window into its coming campaign. During the week of April 27, Reps Jared Polis (D-CO) and Luke Messer (R-IN) are expected to introduce a federal student digital privacy bill, modeled in part on the California statute.
benton.org/headlines/franchising-student-digital-privacy-law | New York Times
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INTERNET/BROADBAND
BROADBAND OPPORTUNITY COUNCIL SEEKS COMMENT ON WAYS TO FURTHER EXPAND AND PROMOTE BROADBAND DEPLOYMENT, ADOPTION AND COMPETITION
[SOURCE: National Telecommunications and Information Administration, AUTHOR: Press release]
President Barack Obama's interagency Broadband Opportunity Council (BOC) announced it is seeking public comment on how federal agencies can promote broadband deployment, adoption and competition. In a request for comment (RFC), the Departments of Agriculture and Commerce -- which are co-chairing the BOC -- are asking the public for input in helping to identify regulations and other barriers that are hampering deployment of broadband. The RFC also is seeking recommendations on ways to promote public and private investment in broadband and get a better understanding of the challenges facing areas that lack access to broadband. The Council, which is made up of 25 federal agencies, was established by a March 23 Presidential Memorandum to develop a framework of recommendations to explore ways to remove unnecessary regulatory and policy barriers, incentivize investment, and align funding polices and decisions to support broadband access and adoption. Specifically, the RFC seeks comment on such questions as:
How can the federal government best promote coordination and use of federally-funded broadband assets?
What regulatory barriers exist within the agencies of the Executive Branch to the deployment of broadband infrastructure?
Are there specific regulations within the agencies of the Executive Branch that impede or restrict competition for broadband service?
How can communities and regions incentivize service providers to offer broadband services, either wired or wireless, in rural and remote areas?
What can the federal government do to make it easier for state, local, and tribal governments or organizations to access funding for broadband?
The deadline for submitting comments is June 10, 2015.
benton.org/headlines/broadband-opportunity-council-seeks-comment-ways-further-expand-and-promote-broadband | National Telecommunications and Information Administration
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FCC CHAIRMAN WHEELER LAUNCHES BROADBAND PRIVACY DISCUSSION
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
Federal Communications Commission Chairman Tom Wheeler called the broadband privacy workshop the commission hosted on April 28 the beginning of a very important discussion. The FCC is trying to decide how to regulate broadband CPNI (customer proprietary network information), now that it has reclassified Internet service providers as telecommunications out of the reach of the Federal Trade Commission, which is now prevented from exercising authority given common carrier exemption. Chairman Wheeler said that the issue falls under a broader one, which is the basic concept that "changes in technology don't change our values." He said that privacy is unassailable and how the FCC deals with it is what makes the issue and the era so challenging, but exciting at the same time. Chairman Wheeler detoured a few centuries to point out that Alexander Hamilton was concerned about the mail being compromised as he and the founding fathers were hammering out the Federalist Papers, then jumped to the Civil War to talk about Rebels cutting the telegraph wires -- Chairman Wheeler wrote a book about Lincoln's use of the telegraph during the war -- and putting the wires to their tongues to sense the pulses and hack the messages. But he returned to the present day to make the point that the issues were not new, and that in this era increasingly the information and the networks are becoming increasingly synonymous. Chairman Wheeler said Congress was explicit in its instructions to the FCC, which was that consumers have the right to expect privacy of the information network collect about them. The FCC has been overseeing that CPNI relationship when it comes to phone, including VoIP, and traditional video -- VOD records, for example -- but broadband CPNI is new territory. Chairman Wheeler said that in a digital world, everyone leaves digital footprints "all over the place."
benton.org/headlines/fcc-chairman-wheeler-launches-broadband-privacy-discussion | Multichannel News
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IOWA BROADBAND LEGISLATION ROLLS AHEAD
[SOURCE: Government Technology, AUTHOR: Brian Heaton]
Iowa is one step closer to expanded broadband connectivity in the state. House File 641, Gov Terry Branstad’s (R-IA) “Connect Every Acre” initiative, passed the Iowa House of Representatives by a 90-5 vote on April 21. The measure, which uses a litany of income and property tax breaks to incentivize the build-out of broadband networks in the state’s underserved areas, now must be ratified in the Senate. This is the second time around for Branstad’s proposal. It was initially defeated in the House during the 2014 legislative session over concerns that the tax breaks were too high and skepticism that providers would take on projects in Iowa’s rural areas. The legislation was re-introduced on Jan. 13, during Branstad’s “Condition of the State” address. Jimmy Centers, spokesman for Branstad, said that the issues have been addressed, noting that the current legislation actually extends the tax credit length by seven additional years in comparison to the original proposal. With the landslide vote in favor of HF 641 in the House, the governor is confident in the bill’s prospects in the Senate. Broadband installations that qualify under HF 641 are exempt from property tax for a period of 10 years. To qualify, projects must take place within a targeted service area defined by the U.S. Census Bureau where download speeds of 25 Mbps or more and upload speeds of 3 Mbps or more are not currently available.
benton.org/headlines/iowa-broadband-legislation-rolls-ahead | Government Technology
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NET NEUTRALITY
USTA SUPPORTS NET NEUTRALITY, EXCEPT WHEN IT DOESN'T
[SOURCE: Public Knowledge, AUTHOR: Jodie Griffin]
[Commentary] As more legal filings now start to arrive in the net neutrality lawsuit, one filing called a Statement of Issues to Be Raised, from the US Telecom Association (USTA), sheds some light on what at least some Internet service providers really think about net neutrality. USTA has now filed its “Statement of Issues to Be Raised” in the DC Circuit, which broadly lays out why USTA is challenging the FCC’s recent decision to reclassify broadband Internet access as a Title II telecommunications service and the Federal Communications Commission’s new open Internet rules. Unsurprisingly, USTA will argue that the FCC’s decision to reclassify broadband Internet access and assert authority over interconnection was unreasonable and violated the First and Fifth Amendments, and that the FCC did not give enough notice in its agency proceeding. But USTA’s Statement of Issues also includes one more Issue: “Whether the specific rules the FCC adopted, including but not limited to its Internet conduct standard, exceed the agency’s authority, are arbitrary and capricious, or otherwise contrary to law.” In other words, USTA is challenging the very net neutrality rules that it says it supports. So, for those of you keeping score at home, USTA: (1) “strongly supports open Internet rules,” and also (2) is directly targeting the open Internet rules in court. Even if USTA loses its arguments over procedural notice and FCC authority, it will still tell the court to overturn the net neutrality rules on their own merits. The revelation that USTA does not, in fact, support net neutrality rules, may not actually shock anyone who’s been paying attention. But it’s worth calling out companies who pay lip service to net neutrality but will go to federal court to make sure we don’t actually have strong, enforceable net neutrality rules.
benton.org/headlines/usta-supports-net-neutrality-except-when-it-doesnt | Public Knowledge
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EMERGENCY COMMUNICATIONS
PUBLIC-SAFETY BROADBAND NETWORK: FIRSTNET SHOULD STRENGTHEN INTERNAL CONTROLS AND EVALUATE LESSONS LEARNED
[SOURCE: Government Accountability Office, AUTHOR: Mark Goldstein]
FirstNet has not fully assessed its risks or established standards of conduct -- which is an important form of ethical guidance for its personnel. Given that FirstNet faces numerous risks to achieve its complex objectives, fully assessing risks could help FirstNet achieve its objectives and maximize use of its resources. Developing standards of conduct could also help FirstNet address any performance issues in a timely manner. To become self-funding, FirstNet is authorized to generate revenue through user fees and commercial partnerships. However, FirstNet faces difficult decisions in determining how to best utilize these revenue sources. For instance, widespread network coverage can attract more users and revenue, but is expensive to construct and maintain, especially in rural areas. FirstNet has taken steps to collect and evaluate information and lessons from the five “early builder projects” that are developing local and regional public-safety networks, but could do more to ensure that the lessons are properly evaluated. For example, FirstNet has asked the projects to report on the experiences of their networks' users and has assigned contractors to collect and log lessons. However, FirstNet does not have a plan that clearly articulates how it will evaluate those experiences and lessons. Although FirstNet told GAO that it remains in close contact with early builder projects, GAO has previously found that a well-developed evaluation plan for projects like these can help ensure that agencies obtain the information necessary to make effective program and policy decisions. Given that the early builder projects are doing on a local and regional level what FirstNet must eventually do nationally, an evaluation plan can play a key role in FirstNet's strategic planning and program management, providing feedback on both program design and execution and ensuring FirstNet has not missed opportunities to incorporate lessons the projects have identified. FirstNet should complete its risk assessment, develop standards of conduct, and develop an evaluation plan for early builder projects. FirstNet concurred with the recommendations.
benton.org/headlines/public-safety-broadband-network-firstnet-should-strengthen-internal-controls-and-evaluate | Government Accountability Office
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CONTENT
DIVERSE COALITION LAUNCHES TO PROMOTE BALANCED COPYRIGHT LAW, CREATIVITY AND FREE SPEECH
[SOURCE: Re:create Coalition, AUTHOR: Press release]
Organizations from across the political spectrum, companies and associations joined forces today to launch Re:Create, a new coalition dedicated to promoting balanced copyright laws in the United States. The coalition, with members ranging from the American Library Association to the R Street Institute to the Computer and Communications Industry Association and Consumer Electronics Association, will work to ensure that copyright laws are clear, simple and transparent, while also fostering innovation, creativity, education and economic growth. Re:Create will focus on engaging and informing lawmakers about the need to support exceptions and limitations, such as fair use and safe harbors, curbing statutory damages and combating abusive copyright enforcement practices.
benton.org/headlines/diverse-coalition-launches-promote-balanced-copyright-law-creativity-and-free-speech | Re:create Coalition | | Public Knowledge | Center for Democracy & Technology
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WIRELESS/SPECTRUM
REMARKS OF FCC COMMISSIONER O'RIELLY BEFORE THE 2015 WIRELESS INFRASTRUCTURE SHOW
[SOURCE: Federal Communications Commission, AUTHOR: FCC Commissioner Michael O'Rielly]
As you know, the wireless industry is experiencing an era of tremendous growth. Plans must be in place to ensure that we can keep pace with America's insatiable demand for mobile communications. I applaud PCIA for taking a leadership role in training the wireless infrastructure workforce of the future. Although much work has been done by the Federal Communications Commission, there is still much to do. First, as recognized in the Infrastructure Order, further steps must be taken to facilitate the deployment of small cell and DAS networks. Second, the FCC should finally address the problem of "twilight towers." Third, the FCC should also work with industry and Native Nations to increase the efficiency of the historic preservation application and review procedures. In conclusion, I challenge the industry to be forward looking. What will the next generation of infrastructure look like?
benton.org/headlines/remarks-fcc-commissioner-orielly-2015-wireless-infrastructure-show | Federal Communications Commission
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GOVERNMENT & COMMUNICATIONS
YES, THE COMCAST-TIME WARNER DEAL COLLAPSED, BUT BIG CABLE STILL HAS PLENTY OF FRIENDS IN WASHINGTON
[SOURCE: Washington Post, AUTHOR: Michael Copps]
[Commentary] I’ve maintained since the day the proposed Comcast-Time Warner deal was announced that combining America’s two largest cable providers would have been an anti-competitive, anti-consumer and anti-democracy. Despite my concerns, most industry watchers anticipated the Federal Communications Commission would allow the merger. Why? Because too often, Big Cable and Big Telecom call their own shots. They donate heavily to politicians in both parties, and the FCC has historically done their bidding. Now, consumers and their allies in a coalition of reform organizations are largely responsible for putting the brakes on the Comcast-TWC deal. They’ve demonstrated that even in this era when big money and powerful corporations wield such outrageous power, genuine grassroots concern can still win out. It turns out that everyday citizens do care about communications policy and can still make good things happen. I wish we could say the same about the majority in Congress. Unfortunately, Capitol Hill is awash with lawmakers who have built their careers around fealty to corporate interests and irrational antipathy to those charged with protecting the public interest. Just as the FCC -- often rightly charged in the past with being captured by the businesses it’s supposed to regulate -- seems at long last to be getting serious about its public interest responsibilities, many in Congress seem disconnected from their constituents and in thrall of their Big Cable and Big Telecom benefactors. There’s a serious disconnect between too many members of Congress and the folks they’re supposed to be representing. Comcast’s withdrawal of the merger plan is wonderful news for consumers concerned about the abysmal state of competition and customer service in cable and broadband, and for citizens who have had enough of gatekeeping and consolidation in the communications infrastructure on which our civic dialogue and our democracy so heavily depend. Too bad too many in Congress are still so in thrall to the status quo.
[Michael Copps is a former commissioner of the Federal Communications Commission. He serves as the special adviser to the Media & Democracy Reform Initiative at Common Cause and is a contributor the Benton Foundation's Digital Beat Blog]
benton.org/headlines/yes-comcast-time-warner-deal-collapsed-big-cable-still-has-plenty-friends-washington | Washington Post
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COMPANY NEWS
GOOGLE TRIES TO WIN EU FRIENDS WITH €150 MILLION DIGITAL NEWS INITIATIVE FUND
[SOURCE: ars technica, AUTHOR: Glyn Moody]
Google has announced the Digital News Initiative, “a partnership between Google and news publishers in Europe to support high quality journalism through technology and innovation,” which sees it working with eight European news organizations to help with product development and putting €150 million into a three-year “innovation fund.” This evident attempt by Google to mend its bridges with the European news publishing industry comes in the wake of years of complaints about the effects of Google's services on traditional newspapers, and against a background of the European Commission's antitrust investigation into Google's search and Android businesses, with the threat that it could be widened to include other services. Carlo D'Asaro Biondo, Google's European president of strategic partnerships, admitted that the company's relationship with newspapers had been difficult, and that sometimes Google was to blame: “I firmly believe that Google has always wanted to be a friend and partner to the news industry, but I also accept we’ve made some mistakes along the way.” In an attempt to win over European news publishers -- and perhaps to minimize future complaints to the European Commission -- D'Asaro Biondo laid out Google's plans for the new Digital News Initiative. One strand involves helping European news publishers with product development: “We will create a publishers’ working group from across Europe to explore product developments aimed at increasing revenue, traffic and audience engagement.” Google will also increase its investment in training and research. Finally, it will create a €150 million (~$167 million) fund with the goal of “stimulating and supporting innovation in digital journalism within the news industry in Europe, over the next three years.” This is perhaps the most obvious part of Google's plan to spread some money around in an attempt to win over the European newspapers publishers, whether large or small: “Anyone working on innovation in online news in Europe will be able to apply, including national and regional publishers, new players and pure players.”
benton.org/headlines/google-tries-win-eu-friends-eu150-million-digital-news-initiative-fund | Ars Technica | Financial Times | the Guardian | BBC | Revere Digital
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MICROSOFT PHONES INFRINGE PATENTS
[SOURCE: Reuters, AUTHOR: Andrew Chung]
Microsoft lost a round in a potentially costly patent battle when a US International Trade Commission Judge Theodore Essex found that the software company used InterDigital Inc's technology in its mobile phones without permission. Judge Essex said that Microsoft infringed two wireless cellular patents owned by InterDigital, a patent licensor, and said it would not be against the public interest to ban the Microsoft devices from being imported into the United States. The judge's decision must be reviewed by the full commission before any import ban is enacted. The ITC has the authority to stop the import of products that it determines infringe a US patent. Companies frequently sue at the ITC to win an import ban and in district court to win damages. Wilmington (DE)-based InterDigital first accused Nokia Corp of infringing its patents in 2007. Microsoft acquired Nokia's handset division in 2014. The InterDigital patents relate to moderating a mobile phone's power to reduce signal interference. The ITC originally cleared Nokia of infringement, but in 2012 the US Court of Appeals for the Federal Circuit, the nation's top patent court, overturned that decision and sent it back to the ITC. Microsoft called the court decision one step in the process. "We have a successful track record challenging patent assertion entities that misuse industry standards," the company said.
benton.org/headlines/microsoft-phones-infringe-patents-us-international-trade-commission-judge | Reuters
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STORIES FROM ABROAD
GOOGLE’S BATTLE OVER SEARCH
[SOURCE: Wall Street Journal, AUTHOR: Geoffrey Manne]
[Commentary] “General search” -- searching of all of the world’s accessible information and delivering results without differentiation -- is fast becoming hopelessly outdated. In an era of exploding data, it is more efficient and more effective to presort information into categories. So it is hardly surprising that Google searches have evolved to emphasize specialized results better targeted to users’ queries. Yet regulators seem perplexed. It’s a mistake to consider “general search” and “comparison shopping” or “product search” to be distinct markets. From the moment it was technologically feasible to do so, Google has been adapting its traditional search results -- that familiar but long since vanished page of 10 blue links—to offer more specialized answers to users’ queries. Product search, which is what is at issue in the European Union complaint, is the next iteration in this trend. To say that Google will be able to leverage its success in general search into dominance of more specialized markets completely misses the mark. There is nothing here that should worry antitrust regulators. Competition with Google may not and need not look exactly like Google itself, but it is competition nonetheless.
[Manne is the founder and executive director of the International Center for Law and Economics]
benton.org/headlines/googles-looming-battle-over-search | Wall Street Journal
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EUROPEAN DISINTEGRATION
[SOURCE: Financial Times, AUTHOR: Richard Allan]
[Commentary] By making it harder to start and run an internet business, European Union authorities threaten to make Europe less prosperous and the web less useful. Facebook’s recent experience in Europe tells a disturbing tale. National authorities are entitled to their differences over how Facebook and other internet companies should be regulated. But ignoring the rules Europe has so painstakingly crafted, and arrogating the authority that those rules accord to the Irish regulators, is not the answer. The simplest way to resolve their differences is for national regulators to work together, as they have done effectively in the past. That is surely a better approach than to fragment Europe’s single market, and waste resources mounting independent investigations into issues that have already been thoroughly examined.
[Allan is Facebook’s vice-president of public policy in Europe]
benton.org/headlines/european-disintegration-threatens-business-internet | Financial Times
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