BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY APRIL 6, 2012
INTERNET/BROADBAND
Concerns spread as UN poises for Internet regulation
Lawmakers ask FCC to protect rural broadband from new rule
Cybersecurity is entangled in Washington turf wars
It’s Time for America to Invest in Broadband - editorial
States Race to Improve Broadband Speeds
Federal court tosses 2010 Colorado Amazon tax law [links to web]
Bans on streaming at work target bandwidth-eating sites [links to web]
WIRELESS/SPECTRUM
FCC prepares for ‘complicated spectrum auction’
FCC pulls plug on LightSquared’s cellular project, angering investor Philip Falcone
T-Mobile accuses competitor Verizon of exaggerating need for more airwaves
10 ways your smartphone knows where you are [links to web]
CONTENT
The rise of e-reading - research
Viacom vs. YouTube, Round 2 - editorial
Time to move beyond ‘sharing’ and ‘stealing’ in the debate over content - analysis
PRIVACY
Consumer Reports, Times polls find broad data privacy concerns
Sen Franken, consumer groups urge Obama to push for new online privacy rules
ELECTIONS AND MEDIA
GOP senators ask FCC to relent on political ad rule
GOVERNMENT & COMMUNICATIONS
Scientific Integrity Policies Released - press release
White House IT Official Says Tech Key to Streamlining Government, Saving Money
POLICYMAKERS
Maureen Ohlhausen Sworn in as Federal Trade Commissioner - press release
Media Access Project to close its doors
STORIES FROM ABROAD
Motorola, Google face probes in Europe, Australia
MORE ONLINE
The Education of Google's Larry Page [links to web]
On Social Media, A Conversation About Race - research [links to web]
INTERNET/BROADBAND
UN AND NET REGULATION
[SOURCE: Politico, AUTHOR: Eliza Krigman]
Faced with the prospect of United Nations regulation of the Internet, the United States has yet to appoint a leader for an upcoming battle with other countries over Web management. Less than a year from a historic treaty negotiation that will redefine international agreements on Internet management, the U.S. has yet to name someone to head up the American delegation. The absence of an American point person in a process that will pit the United States, and other nations, against countries that would like to give the U.N. greater authority has started to worry lawmakers. “It’s a mistake, and I think it’s a bad mistake,” said House Subcommittee on Communications and Technology Chairman Greg Walden (R-OR). “I’m pretty concerned that they haven’t designated a lead person yet.” Chairman Walden and other officials are worried about efforts by Russia, China, India and Brazil, among other countries, to give the U.N. new and unprecedented powers over the Web. The fear is that the treaty might end up giving governments more of a say about Web content and infrastructure. (April 4)
benton.org/node/119777 | Politico
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RURAL BROADBAND
[SOURCE: The Hill, AUTHOR: Andrew Feinberg]
A bipartisan group of 44 representatives and 21 senators signed letters from each body to Federal Communications Commission Chairman Julius Genachowski asking the commission avoid proposed rule changes that could imperil the deployment of high speed Internet in rural areas. The House's letter was circulated by Rep. Blaine Luetkemeyer (R-MO) and signed 43 members who represent mostly rural districts. Rep Luetkemeyer and colleagues reminded Chairman Genachowski that the increase in build-out of rural broadband has been "a major source of jobs." But unless the commission provides "more certainty to broadband providers" by avoiding a recently announced proposed rulemaking, it could harm both consumers and the rural economy. (April 5)
benton.org/node/119794 | Hill, The
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CYBERSECURITY TURF WARS
[SOURCE: Politico, AUTHOR: Jennifer Martinez, Jonathan Allen]
The White House is scrambling to influence cybersecurity legislation that’s been tangled in a web of policy, politics and parochialism — even reaching out to Republican leaders as the House prepares to act on the issue later this month. On the surface, the players are battling over the best way to protect the nation’s electric grid, water facilities and other critical infrastructure from being taken down by a crippling cyberattack. But underneath, it’s really a quintessential Washington turf war, spiced up by election-year politics. In one corner, the champions of the civilian Homeland Security Department: the White House and the Homeland Security panels in the House and Senate. In another corner, proxies for the National Security Agency: House Republicans and Rep. Dutch Ruppersberger, the top Democrat on the Intelligence Committee, who represents the NSA’s Maryland headquarters. A third group, led by John McCain (R-AZ) in the Senate and Mary Bono Mack (R-CA) in the House, has also weighed in with a bill that focuses on fostering information sharing about cyberthreats between the government and critical infrastructure operators without tacking new security mandates onto businesses. It all makes for a twisted tale of how a basic national security imperative — cooperation between the government and private companies — could fall victim to the vagaries and vanities of Congress. (April 3)
benton.org/node/119776 | Politico
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TIME TO INVEST IN BROADBAND
[SOURCE: Government Technology, AUTHOR: Matt Williams]
[Commentary] This year, Congress and the White House agreed to pump $7 billion into planning and building a nationwide high-speed wireless network for public safety — a system that law enforcement has wanted for years. Also, the FCC is trying to reform the Universal Service Fund (USF), created to ensure basic, affordable phone service for all citizens, so that it would support the buildout of broadband in rural and underserved communities. In this issue, Contributing Writer Emily Montandon details the controversy the FCC’s plan is stirring as the federal government tries to repurpose those USF surcharges that appear on consumers’ phone bills. All these broadband initiatives are expensive, but they’re necessary if the U.S. wants to maintain standing as a superpower in the world economy, which is being driven more by online commerce. I want to see the U.S. set a world record for most money spent on broadband. It wouldn’t be the sexiest accolade, but it might be the most consequential for our future. (March 30)
benton.org/node/119786 | Government Technology
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STATES AND BROADBAND SPEEDS
[SOURCE: Government Technology, AUTHOR: Mike Maciag]
High-speed Internet plays a key role as regions compete to attract employers and encourage participation in today’s global economy. Many states stepped up efforts in the past year and set ambitious goals to wire more areas — particularly in rural localities — so they don’t fall behind. Communities like Ralls County (MO) are now finally plugging in, bridging the digital divide that exists throughout much of the country. Deploying broadband in rural areas presents a challenge for providers, often with a hefty price tag. Hodges said crews have encountered 2,000-foot drops when installing fiber. Other times, homes in farming communities span miles apart. (April 3)
benton.org/node/119785 | Government Technology
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WIRELESS/SPECTRUM
FCC WORKS ON AUCTIONS
[SOURCE: Politico, AUTHOR: Brooks Boliek]
Congress granted Federal Communications Commission Chairman Julius Genachowski’s wish for the power to hold an airwaves auction that will pay broadcasters to abandon some of their frequencies, but turning that wish into reality is going to be a challenge. The agency is trying to figure out how to design and conduct the complex auctions, which for the first time will pay people to give up valuable airwaves. Congress provided for the auctions in the payroll tax package. The goal: to free up a big chunk of spectrum for commercial wireless carriers. “There are essentially two auctions that have to run in parallel,” said Peter Cramton, a University of Maryland economics professor who led the team that designed an airwaves auction for the United Kingdom. “There is the reverse auction that will make spectrum available from TV broadcasters that will determine the supply, and the forward auction that is the more standard variety, that will allow the wireless companies to buy.” In a nod to the difficulty of the task, Chairman Genachowski recently announced a new incentive auction task force, headed by Ruth Milkman, a former chief of the Wireless Telecommunications Bureau. Genachowski also hired a who’s who of auction experts to aid the commission in its efforts. (April 4)
benton.org/node/119782 | Politico
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FCC PULLS PLUG ON LIGHTSQUARED
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
Wall Street guru Philip Falcone placed a $14 billion bet on what he thought was a sure thing. Two years ago, his company had the blessing of the Federal Communications Commission to use satellites to bring cellular service to the farthest reaches of the country, a high priority for President Obama. On April 5, the FCC has put the project on ice, all but killing it. And Falcone, acknowledging for the first time that his business is near bankruptcy, on Thursday pointed an angry finger at Washington. In a scathing critique of inside-the-Beltway politics, Falcone in an interview accused the FCC of bowing to special interests that could have been hurt by the innovation, robbing consumers of a cheaper alternative to AT&T and Verizon Wireless. Falcone and other business groups see the fall of Reston-based LightSquared as a cautionary tale of what can happen when a business bets on Washington. (April 5)
benton.org/node/119799 | Washington Post
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T-MOBILE ON VERIZON SPECTRUM
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
T-Mobile questioned Verizon's need for more airwaves in a blog post and urged the Federal Communications Commission (FCC) to block the company's planned deal with a coalition of cable companies. T-Mobile, the smallest of the four national carriers, accused Verizon of exaggerating its need for the additional airwaves. "These deals are anything but routine and, if granted, would unduly tip the scales in favor of the largest wireless carrier at a critical juncture in the mobile broadband industry," wrote Steve Sharkey, T-Mobile's vice president of government affairs. Verizon's analysis of spectrum efficiency is based on dividing its total number of subscribers by its nationwide average amount of spectrum. But Sharkey argued that because spectrum holdings can vary between markets, a nationwide average is "pointless." He said it is unfair for Verizon to include spectrum in T-Mobile's total that the company will acquire as a result of the breakup of its deal with AT&T because the FCC still has to approve that transfer. Sharkey also argued that the spectrum Verizon already has is superior to T-Mobile's spectrum. A majority of Verizon's spectrum is below 1 GHz, but all of T-Mobile's is above 1 GHz. (April 4)
benton.org/node/119793 | Hill, The
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CONTENT
THE RISE OF E-READING
[SOURCE: Pew Internet & American Life Project, AUTHOR: Lee Rainie, Kathryn Zickuhr, Kristen Purcell, Mary Madden, Joanna Brenner]
One-fifth of American adults (21%) report that they have read an e-book in the past year, and this number increased following a gift-giving season that saw a spike in the ownership of both tablet computers and e-book reading devices such as the original Kindles and Nooks. In mid-December 2011, 17% of American adults had reported they read an e-book in the previous year; by February, 2012, the share increased to 21%. The rise of e-books in American culture is part of a larger story about a shift from printed to digital material. Using a broader definition of e-content in a survey ending in December 2011, some 43% of Americans age 16 and older say they have either read an e-book in the past year or have read other long-form content such as magazines, journals, and news articles in digital format on an e-book reader, tablet computer, regular computer, or cell phone. Those who have taken the plunge into reading e-books stand out in almost every way from other kinds of readers. Foremost, they are relatively avid readers of books in all formats: 88% of those who read e-books in the past 12 months also read printed books.2 Compared with other book readers, they read more books. They read more frequently for a host of reasons: for pleasure, for research, for current events, and for work or school. They are also more likely than others to have bought their most recent book, rather than borrowed it, and they are more likely than others to say they prefer to purchase books in general, often starting their search online. (April 4)
benton.org/node/119779 | Pew Internet & American Life Project
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VIACOM VS YOUTUBE
[SOURCE: Los Angeles Times, AUTHOR: Editorial Staff]
[Commentary] A federal appeals court has given Viacom a second chance to prove its copyright infringement claims against Google's YouTube, reviving a high-stakes battle between entertainment companies and Internet entrepreneurs over "user-generated content" sites. The decision by the 2nd Circuit Court of Appeals was a partial win for both sides, but it left a few important issues unsettled as it tried to strike the right balance between competing interests. The appeals panel seemed to be trying to set narrower safe harbors, in response to copyright holders' complaints that the lower court's ruling upset the balance Congress had struck. In doing so, however, the 2nd Circuit raised new uncertainties about what sites must do to remain on the right side of the law. It's safe to expect more litigation as the courts struggle to apply notions of knowledge, control and responsibility to the increasingly decentralized and automated world of the Internet. (April 6)
benton.org/node/119798 | Los Angeles Times | LA Times
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IP DEBATE
[SOURCE: paidContent.org, AUTHOR: Jeff John Roberts]
In the debate over online content, Robert Levine is a rare honest broker. The former Wired journalist doesn’t parrot the fear-mongering of major copyright owners and nor does he embrace the tech utopias of the other side. Speaking at the Copyright Clearance Center’s OnCopyright 2012, Levine dressed-down the rhetorical excesses of the copyright industry and its opponents. Levine called out the industry for invoking loaded terms like “stealing” and “child pornography” as a pretext to obtain draconian enforcement powers. But he also had choice words for those who frame any sort of copyright controls as inherently oppressive. “It’s not stealing but it’s also not sharing,” said Levine. “There’s a difference between curation and piracy. Megaupload is not curation, it’s massive illegal distribution.” (April 3)
benton.org/node/119783 | paidContent.org
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PRIVACY
PRIVACY CONCERNS
[SOURCE: Los Angeles Times, AUTHOR: David Sarno]
Most consumers are "very concerned" about Internet firms selling information about them without their permission, according to a Consumer Reports survey. The poll found that 71% of consumers were very concerned about online data collection, while 65% were worried about the way smartphone apps could access their personal contacts, photos, location and other data without their permission. The report came on the heels of a Times poll that found similar levels of concern. The USC Dornsife/Times survey, published Sunday, found that 82% of Californians were very or somewhat concerned about Internet and smartphone firms collecting their information. The USC/Times poll also found that when consumers were asked to rate how much they trusted some of the best-known tech firms, the scores were low. On a scale of zero to 10, with 10 being absolute trust, no firm scored higher than a 4.6 -- that was Apple. Google received a 3.8, while LinkedIn scored 3.0. YouTube was rated 2.8, Facebook scored 2.7, and Twitter earned a 2.4. (April 3)
benton.org/node/119797 | Los Angeles Times | WashPost
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PRIVACY COMMENTS
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
Sen. Al Franken (D-MN) and a host of public interest groups -- including the American Civil Liberties Union (ACLU), the Center for Digital Democracy and Consumer Watchdog -- urged the Obama Administration to fight for new measures to regulate how Web companies handle users' private data. The groups, along with dozens of other organizations and companies, submitted comments to the National Telecommunications and Information Administration (NTIA), a Commerce Department agency that will lead discussions about how to better protect consumers' privacy online. The groups say voluntary guidelines won't be enough to protect privacy. Consumer Watchdog urged the Commerce Department to propose its own privacy legislation and push Congress to pass it. The ACLU said legislation should "remain the central focus" of privacy protections. (April 3)
benton.org/node/119791 | Hill, The
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ELECTIONS AND MEDIA
POLITICAL AD RULE
[SOURCE: The Hill, AUTHOR: Andrew Feinberg]
Six senators with strong links to the Tea Party movement want the Federal Communications Commission to nix a proposed rule that would make it easier for the public to know who pays for political ads and how much they cost. The letter, which was sent to FCC Chairman Julius Genachowski, would require broadcasters to upload documents showing rates offered to political advertisers and records of who bought ads when, and for how much. Stations are already required to place this information in "public inspection files" that anyone can review in person. But the FCC rule change would require the information to be submitted online. The senators -- including frequent FCC critic Sen. Jim DeMint (R-SC) and Tea Party favorites Sens. Rand Paul (R-KY), Pat Toomey (R-PA), Roy Blunt (R-MO), Mike Lee (R-Utah) and John Boozman (R-AR) -- call the requirement to post the data online "excessive and unnecessary" when it is already available to anyone making an appointment. Citing "heavy compliance costs," they ask Genachowski to reconsider the proposal. (April 6)
benton.org/node/119795 | Hill, The
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GOVERNMENT & COMMUNICATIONS
SCIENTIFIC INTEGRITY POLICIES
[SOURCE: The White House, AUTHOR: John Holdren]
Responding to an initial call by the President -- amplified in a memorandum developed by my office with significant input from science stakeholders and the public -- departments and agencies across the Federal government have been diligently crafting scientific-integrity policies to guide them as they pursue their diverse missions. As I’ve documented in previous blog posts, the number of agencies that have worked this complex process to completion has grown steadily in the past year. By December 2011, all departments and agencies with science and technology as core parts of their mission had either completed or were very close to completing their policies. But most were still conducting internal reviews and had not made their policies public. In February, in keeping with this Administration’s commitment to maximizing openness and transparency, I asked all departments and agencies to make their policies public by March 30, whether those policies were final or still in final draft form. The response was positive; as of this week almost every covered Federal entity is in compliance, and the few remaining others report they are very close to unveiling their final policies. Specifically, the following departments and agencies have released their scientific integrity policies: the Departments of Agriculture, Commerce, Education, Energy, Health and Human Services, Interior, Justice, State, and Transportation, as well as the US Agency for International Development, Environmental Protection Agency, Marine Mammal Commission, National Aeronautics and Space Administration, National Institute of Standards and Technology, National Oceanic and Atmospheric Administration, National Science Foundation, Intelligence Community, and Veterans Affairs. Three Departments reported last week that they would miss the March 30 deadline but expect to release their policies very soon—most likely by the end of this month. They are the Departments of Defense, Homeland Security, and Labor. (April 6)
benton.org/node/119780 | White House, The
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TECH AND STREAMLINING GOVERNMENT
[SOURCE: National Journal, AUTHOR: Josh Smith]
The Obama Administration has started to close the gap between businesses and government in productivity, skills, and technology, federal chief information officer Steve VanRoekel said. Using an overhead projector to illustrate how far technology has advanced, VanRoekel told an audience at an information technology conference in Washington that budget woes have forced the government to seek an innovative culture. Traditionally, businesses have used resources from existing or older programs to fuel new projects, he said. Government, on the other hand, often either can't or won't give up older programs. In order to develop new programs, government agencies have often simply increased their spending. Those days are over, VanRoekel said. "This is a model that hasn't worked," he said. "We need to innovate with less." (April 3)
benton.org/node/119787 | National Journal | nextgov | nextgov – APIs
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POLICYMAKERS
OHLHAUSEN JOINS FTC
[SOURCE: Federal Trade Commission, AUTHOR: Press release]
Maureen K. Ohlhausen was sworn in as the Federal Trade Commission's newest commissioner. President Barack Obama named Ohlhausen, a Republican, to a term that ends on September 25, 2018. She was unanimously confirmed by the U.S. Senate on March 29, 2012. Ohlhausen has been a partner at Wilkinson Barker Knauer, LLP since 2009, focusing on privacy, data protection, and cybersecurity. She previously served for 11 years at the FTC, most recently as Director of the Office of Policy Planning from 2004 to 2008, leading the FTC's Internet Access Task Force. She also formerly was an attorney advisor for former Commissioner Orson Swindle. Before joining the agency's General Counsel's Office in 1997, she spent five years at the U.S. Court of Appeals for the D.C. Circuit, serving as a law clerk for Judge David B. Sentelle. Ohlhausen previously clerked for Judge Robert Yock of the U.S. Court of Federal Claims from 1991 to 1992. Ohlhausen graduated with distinction from George Mason University School of Law in 1991, having graduated with honors from the University of Virginia in 1984. She previously was a senior editor of the Antitrust Law Journal and a member of the American Bar Association Task Force on Competition and Public Policy. (April 4)
benton.org/node/119788 | Federal Trade Commission
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MAP CLOSING DOORS
[SOURCE: The Hill, AUTHOR: Andrew Feinberg]
The Media Access Project (MAP), a long-running public interest law firm that advocates for the free flow of information, will suspend operations on May 1. The firm’s board of directors reached the decision after evaluating "the difficult funding environment facing MAP and other progressive public interest groups.” MAP was founded in 1973, and since then has played a role in almost every FCC proceeding on media ownership. The group helped to initiate proceedings to create low-power FM radio stations, and took part in the fight for an “open Internet,” often working alongside groups founded and staffed by MAP veterans. Groups that have worked alongside MAP were saddened by the news. MAP founder Andy Schwartzman said MAP was forced to close because it simply ran out of money. He said he’s proud of MAP’s 33-year history, and singled out two accomplishments of the group: a successful campaign to maintain the FCC’s more restrictive media ownership rules, and a court victory that lead to the creation of low-power FM community radio stations. "Community radio is really vibrant," Schwartzman said, with hundreds of stations now broadcasting and more on the way as a result of more licenses being issued by the FCC. Schwartzman said his “proudest achievement” is the network of MAP alumni that has remained in the media and telecommunications industries. "We have worked very hard to train people, and to make sure they stay in public interest," he said. (April 3)
benton.org/node/119790 | Hill, The | Benton Foundation
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STORIES FROM ABROAD
MOTOROLA FACES ANTITRUST PROBE
[SOURCE: Washington Post, AUTHOR: Hayley Tsukayama]
Foreign regulators are taking a close look at Google and Motorola Mobility as federal regulators in the United States continue to work on their own antitrust probe into the tech giant. Officials in the European Union are looking at Motorola patents and Google’s search business, while a court in Australia recently found that the company hosted misleading ads on its AdWords platform. The European Union’s competition watchdog announced that it has opened “two formal antitrust investigations” against Motorola Mobility, which is being bought by Google. At issue are “standard” patents held by the wireless company, which are supposed to be licensed at a fair rate. But Apple and Microsoft have complained that Motorola’s decision to seek injunctions against their products on the basis of these basic patents. (April 3)
benton.org/node/119800 | Washington Post
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