BENTON'S COMMUNICATIONS-RELATED HEADLINES for TUESDAY, SEPTEMBER 28, 2010
IPv6 (story below), IP Protection, and (wait for it) the big Pole Attachment Workshop -- all in one, exciting day! See http://benton.org/calendar/2010-09-28
INTERNET/BROADBAND
Common Thread Between Net Wiretaps, Piracy, and Comcast Merger
Network Neutrality Bill Gives FCC No New Rulemaking Power
Republicans who regulate the Internet may get cover from telecom groups, but not the Tea Party
What a Wiretappable Internet Could Mean for Facebook, Apple, Google, and You
US should be able to shut Internet, former CIA chief says
White House to assess progress on crucial Internet upgrade
Nelson asks FCC to save funding for rural hospitals
THE STIMULUS
Final BTOP Count: 233 Projects
Final 14 BTOP Grants Announced
Tax Safe Harbor for Broadband Stimulus Grants
WIRELESS
FCC likely to approve of wireless tiered pricing: analysts
Suit against T-Mobile for text blocking heads to federal court this week
Texting bans may add risk to roads
OWNERSHIP
Vivendi sells NBCU stake
CONTENT
Fair Use Groups Want To Put Brakes On Leahy Bill
Independent filmmakers feel the squeeze of piracy
Authors Feel Pinch in Age of E-Books
Internet Trumps TV, Newspapers For News
Internet Users Want Free, Ad-Supported Music
MEDIA AND ELECTIONS
'Super PACs' alter campaign
Midterm Election Coverage Kicks into High Gear
POLICYMAKERS
FCC Chief Concedes Slow Pace
Commissioner Copps Announces Staff Changes
Commissioner Baker Announces Staff Changes
FCC Seeks USAC Nominees
NIST Announces Members of Newly Formed Smart Grid Advisory Committee
COMMUNITY MEDIA
AOL, Jack Ryan enter suburban Chicago newspaper fray
Can fiber optic broadband help Benicia business park?
STORIES FROM ABROAD
Googling the Censors
India's Surveillance Plan Said to Deter Business
Tech Firms Resist India on Software Code Secrets
YouView under attack for stifling competition
MORE ONLINE
President Obama wants 10,000 new science and math teachers
23 New MacArthur Fellows Announced
Agency files petition to delay DC smart meters
INTERNET/BROADBAND
OLD ISSUES IN NEW BOTTLENECKS
[SOURCE: Susan Crawford blog, AUTHOR: Susan Crawford]
Three parallel events in US communications policy today, all reported on widely - but with a common thread. 1) Law enforcement and national security officials want to make sure that they have the same ability to execute warrants and surveillance orders online that they had in the switched-telephone-circuit age - which will mean substantial government design mandates for new software, hardware, and communications facilities. 2) Sen Patrick Leahy (D-VT) is introducing the Combating Online Infringement and Counterfeits Act that would allow to Department of Justice to instruct Internet service providers, domain name registries/registrars, or perhaps other actors (it's not clear) to shut down, or block access to, online sites found to be "dedicated to infringing activities." 3) The Comcast/NBCU merger is steaming ahead, and even though neither DOJ nor FCC has yet approved the deal Jeffrey Zucker is out, Steve Burke will be running NBCU, and Vivendi is selling its interest in NBC for $2 billion. What's the common thread? As access points to the big pipe consolidate, the idea of using bottlenecks to carry out the desires of both content providers and government becomes easier to implement - and the bottlenecks know that they have the upper hand because both content and government need them. New laws, new institutions, and new asymmetries of information are appearing, and the objection that "this is a big change" doesn't get much attention. It is, certainly, a big change, but there are many big actors who are perfectly happy that way. Nothing to see here, move on, business as usual.
benton.org/node/42687 | Susan Crawford blog
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DRAFT NETWORK NEUTRALITY BILL
[SOURCE: CongressDaily, AUTHOR: Eliza Krigman]
House Commerce Chairman Henry Waxman has drafted a bill on network neutrality which does not give the Federal Communications Commission rulemaking authority on the matter. Instead, the FCC would deal with enforcement on a case-by-case basis. Broadband providers who violate the law will face a maximum penalty of $2. Under the proposed legislation, the FCC would be prohibited from reclassifying broadband under Title II of the Communications Act, a change FCC Chairman Julius Genachowski has proposed in order to allow the government to impose rules designed to preserve the Internet's openness. The bill would stipulate that wireline providers may not block lawful Internet traffic and or "unjustly or unreasonably discriminate in transmitting lawful traffic over a consumer's wireline broadband Internet access service." Notably, the nondiscrimination language does not apply to wireless providers. The legislation would prohibit wireless providers from blocking lawful websites, but leaves open their ability to block applications and peer-to-peer activity. The draft bill also sets a Dec. 31, 2011 deadline for the FCC to deliver to the House and Senate commerce committees a report regarding additional authority needed by the commission to implement its national broadband plan and ensure the further protection of consumers with respect to their Internet use. The draft includes a sunset provision calling for the enacted measure to expire at the end of the 2012 calendar year. All of the rules regarding Internet traffic are subject to "reasonable network management," the draft bill says.
benton.org/node/42698 | CongressDaily | read the bill
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TEA PARTY OPPOSITION TO NETWORK NEUTRALITY BILL
[SOURCE: The Hill, AUTHOR: Sara Jerome]
House Republicans who support network neutrality legislation could face political consequences for "regulating the Internet" from Tea Party activists who may not provide the political cover that telecommunications groups with industry connections already seem prepared to serve up. House Commerce Chairman Henry Waxman (D-CA) is expected to introduce the bill this week, possibly as soon as Sept 28, with backing from industry stakeholders likely including phone and cable companies. Supporting a bill that creates unprecedented Internet rules will not be an easy vote for Republican members who have historically opposed a policy they view as an unnecessary regulation of the Internet. Tea party groups who have taken an interest in net neutrality may focus on the fact that the bill creates new rules and not that it prevents stricter ones at the FCC, according to Seton Motley, a Tea Party supporter who runs the group Less Government. Though supporters will portray the bill as a narrow fix to an intractable problem, that argument might not appease Tea Party groups who are wary of new government regulation, according to Motley.
benton.org/node/42712 | Hill, The
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WHAT WOULD WIRETAPPED INTERNET MEAN?
[SOURCE: Fast Company, AUTHOR: Kit Eaton]
A report in the New York Times purports to blow the lid on plans by federal officials to push for new legislation that will require "all services that enable communications" to be tappable, including encrypted mobile email systems like BlackBerry's and social networking sites and VoIP services like Skype. The FBI's general counsel Valerie Caproni is quoted in defense of the plans, noting it's all about "lawfully authorized intercepts" and that the moves aren't about "expanding authority. We're talking about preserving our ability to execute our existing authority in order to protect the public safety and national security." But if you read her words carefully, they're a fine example of political rhetoric. "Lawfully authorized" seems an okay phrase, but that means the authorities get to decide what's lawful--whatever it may be. And if these moves aren't about expanding authority, then why make them at all? Why not stick with simple phone taps? And there are other concerns--the demands are to increase tapping powers of the Net for U.S. security reasons, but the Net is unlike the phone network, which requires centralized communications hubs. The Net is distributed, which gives it part of its great resilience to damage, and due to the nature of its design lots of non-U.S. traffic flows through U.S. Net infrastructure. In other words, the moves could increase the risk of damage to the Net thanks to virus writers and simultaneously allow U.S. authorities to snoop on traffic belonging to citizens of other nations without requiring any pesky diplomacy. One other thing to think about is how this may affect the providers that "enable communications." Firstly, the scope of who these people are is important: Are we talking cell phone network operators, or every ISP--since most mobile devices can hop on to available wireless Net access points? Is Apple implied in the plans, because its FaceTime app enables face-to-face communications that could let nefarious types communicate messages that couldn't otherwise be spied on? Will Google comply with requests to enable decrypted-snooping on Google Voice calls?
benton.org/node/42695 | Fast Company
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SHUTTING DOWN THE INTERNET
[SOURCE: Reuters, AUTHOR: ]
Cyberterrorism is such a threat that the U.S. president should have the authority to shut down the Internet in the event of an attack, Former CIA Director Michael Hayden said. He added that the President currently does not have the authority to shut down the Internet in an emergency. "My personal view is that it is probably wise to legislate some authority to the President, to take emergency measures for limited periods of time, with clear reporting to Congress, when he feels as if he has to take these measures," he said.
benton.org/node/42686 | Reuters
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IPv6
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
Senior Obama administration officials are encouraging Internet service providers to upgrade their technology before the Web runs out of space for new sites. Officials plan to use a workshop Sept 28 at the National Press Club to draw attention to the deployment of Internet Protocol Version 6, known in shorthand as IPv6. The protocol, which is often referred to as "Next Generation Internet," is the successor to the current infrastructure of the Web, IPv4. The switch to IPv6 has become a critical issue because the stock of unused web addresses could be exhausted before the end of the year. While IPv4 offers roughly 4.3 billion Web addresses, IPv6 can support a virtually unlimited number of devices. "Tomorrow NTIA will facilitate stakeholder discussions among business, government, and the Internet technical community to highlight the importance of IPv6 to the continued growth of the Internet economy. IPv6 benefits will allow for increased innovation online and allow the Internet to remain a powerful engine for commerce and economic growth," said NTIA Administrator Lawrence Strickling.
benton.org/node/42705 | Hill, The
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FUNDING RURAL HOSPITAL CONNECTIONS
[SOURCE: The Hill, AUTHOR: Sara Jerome]
Sen Ben Nelson (D-NE) urged the Federal Communications Commission (FCC) to find funding for rural hospitals who could lose support for broadband deployment due to an agency rule change. The change, which occurred over six years ago, slashed the definition of a "rural hospital" from one that serves 50,000 people to one that serves half that. In a letter to the FCC, Sen Nelson said that because of this change, four Nebraska providers will face challenges next June when they become ineligible for support. The FCC's heath program allocates money so hospitals can deploy broadband. It allows doctors to transfer medical records between facilities and monitor patients remotely using communications devices. The FCC sought comment in a public notice in June on whether it should revisit the rule change, and comments were due this month. The comments are under review.
benton.org/node/42690 | Hill, The
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THE STIMULUS
FINAL BTOP COUNT
[SOURCE: National Telecommunications and Information Administration]
With the final Broadband Technology Opportunities Program projects announced September 27, the Department of Commerce's National Telecommunications and Information Administration that 233 projects will:
Fund the installation or upgrade of approximately 120,000 miles of broadband networks, including fiber-optics, wireless, microwave, and other technologies. Of this amount, approximately 70,000 miles involve construction of new broadband facilities.
Provide broadband access to approximately 24,000 community anchor institutions, including schools, libraries, government offices, health care facilities, and public safety entities. Of these, approximately: 3,000 are healthcare entities, including hospitals, clinics, and physicians' offices; 5,000 are public safety entities, such as first responders, fire, police, and EMS; 7,000 are K-12 schools; 600 are community colleges; 2,000 are libraries; 5,000 are government facilities, such as City and County offices, workforce centers, Head Start locations, and other entities providing important benefits to the public; 700 are other institutions of higher education, including public universities
Deploy middle mile infrastructure in areas with nearly 40 million households and 4 million businesses, many of which will benefit from new or improved broadband service provided by last-mile providers that are able to utilize the new, open infrastructure to extend or upgrade their service for consumer and business customers.
Invest in more than 3,500 new or upgraded public computer centers in libraries, schools, community centers and other public locations.
Invest in more than 35,000 new or upgraded public computer workstations.
Make public computer center workstations and training available to more than 1 million new users.
benton.org/node/42700 | National Telecommunications and Information Administration
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FINAL 14 BTOP GRANTS ANNOUNCED
[SOURCE: National Telecommunications and Information Administration]
Commerce Secretary Gary Locke announced 14 American Recovery and Reinvestment Act investments to help bridge the technological divide, create jobs, and improve education and public safety in communities across the country. The investments, totaling $206.8 million in grants, are the final awards in a program to increase broadband Internet access and adoption, enhancing the quality of life for Americans and laying the groundwork for sustainable economic growth. Among the final awards is a $155 million grant to create a wireless broadband network for public safety officials in Los Angeles County and a $5 million grant to Michigan State University to train more than 3,000 high school students and displaced auto workers for broadband-related IT jobs.
The National Telecommunications and Information Administration announced a grant of $190 million for broadband mapping. It wound up spending $293 million, and the final grant will allow that mapping by all the states, territories and the District of Columbia, to continue for another three years beyond the initial two-year period envisioned. [much more at the URL below]
benton.org/node/42701 | National Telecommunications and Information Administration | The Hill | B&C | WashPost
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WIRELESS
TIERED PRICING, WIRELESS AND THE FCC
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
Federal regulators aren't expected to stand in the way as wireless service providers move away from flat rate Internet plans and moving toward tiered pricing schemes, according to analysts. Verizon Communications CEO Ivan Seidenberg said the nation's largest wireless service provider will introduce pay-as-you-eat Internet data plans in coming months, joining AT&T and Cricket who have also moved toward tiered pricing schemes. The Federal Communications Commission, which once looked at such price models with a skeptical eye, has recently signaled it would approve of those price packages. That would be boon for wireless operators, analysts said. Some public advocacy groups warned that users would access the Web less and the tech industry would be worse for it. But some consumers like the idea of paying for what they actually used, saying they didn't want to pay flat-rate fees that subsidized the heaviest users. Paul Gallant, a communications and media analyst at Concept Capital, predicted that the FCC would apply the same reasoning for tiered pricing on wireless networks to cable and broadband fixed-wired service providers such as Verizon's FiOS. But public interest groups warn that charging too much for data would deter users from viewing video over the Internet. That could be a scheme, they say, to keep consumers strapped to their cable and satellite television subscriptions
benton.org/node/42706 | Washington Post
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TEXTING SUIT MOVES FORWARD
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
On Sept 29, the U.S. District Court of the Southern District of New York will conduct a hearing on allegations that T-Mobile stopped sending texts for EZ Texting's customer WeedMaps.com, a medical marijuana distribution Web site, because of the content of the site. EZ Texting said that T-Mobile's action stifled free speech and that rules to protect phone users from blocking should also be applied to texts. The case has spurred debate over the government's role as a regulator of text-messaging communications on cellphones.The case highlights a murky regulatory environment for one of the fastest-growing mediums of communications. Consumers sent 152 billion text messages last year, compared with 9 billion in 2005. The FCC doesn't regulate text messages, which is considered an information service like broadband Internet, in the same way that it does plain old phone service. Public Knowledge, a media reform group, said the unfolding details support their push for the Federal Communications Commission to clearly assert its authority to regulate text messages as a common carriage service, like regular phones. The FCC prohibits calls from being blocked in a discriminating fashion, and the same rules should apply to texts, said Gigi Sohn, president of Public Knowledge. "The additional details in this case again make it abundantly clear the Federal Communications Commission must act to protect the legal status of text messaging and short codes," she said.
benton.org/node/42691 | Washington Post
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RESEARCH ON TEXTING BANS
[SOURCE: USAToday, AUTHOR: Larry Copeland]
Laws banning texting while driving actually may prompt a slight increase in road crashes, research out today shows. The findings, to be unveiled at a meeting here of 550 traffic safety professionals from around the USA, come amid a heightened national debate over distracted driving. "Texting bans haven't reduced crashes at all," says Adrian Lund, president of the Insurance Institute for Highway Safety, whose research arm studied the effectiveness of the laws. Thirty states and the District of Columbia ban texting while driving; 11 of the laws were passed this year. The assertion that those efforts are futile will be a major issue at this week's annual meeting here of the Governors Highway Safety Association (GHSA). Researchers at the Highway Loss Data Institute compared rates of collision insurance claims in four states — California, Louisiana, Minnesota and Washington — before and after they enacted texting bans. Crash rates rose in three of the states after bans were enacted. The Highway Loss group theorizes that drivers try to evade police by lowering their phones when texting, increasing the risk by taking their eyes even further from the road and for a longer time.
benton.org/node/42713 | USAToday
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MEDIA AND ELECTIONS
SUPER PACs
[SOURCE: Washington Post, AUTHOR: Dan Eggen, T.W. Farnam]
A new political weapon known as the "super PAC" has emerged in recent weeks, allowing independent groups to both raise and spend money at a pace that threatens to eclipse the efforts of political parties. The committees spent $4 million in the last week alone and are registering at the rate of nearly one per day. They are quickly becoming the new model for election spending by interest groups, according to activists, campaign-finance lawyers and disclosure records. The super PACs were made possible by two court rulings, including one early this year by the Supreme Court, that lifted many spending and contribution limits. The groups can also mount the kind of direct attacks on candidates that were not allowed in the past. Three dozen of the new committees have been registered with the Federal Election Commission over the past two months, including such major players as the conservative Club for Growth, the Republican-allied American Crossroads and the liberal women's group Emily's List. FEC records show that super PACs have spent more than $8 million on television advertising and other expenditures, almost all of it within the past month. Groups favoring GOP candidates have outspent Democratic supporters by more than 3 to 1, mirroring an overall surge in spending by the Republican Party and its allies in recent weeks, records show.
benton.org/node/42715 | Washington Post
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POLICYMAKERS
GENACHOWSKI'S SLOW PACE
[SOURCE: Wall Street Journal, AUTHOR: Amy Schatz]
Key parts of the Obama Administration's technology agenda are stalled at the Federal Communications Commission, but its chairman said that he's impatient to move them forward soon. FCC Chairman Julius Genachowski recently postponed action on his net neutrality proposal until after the November elections, saying both sides need more time to comment on a few issues. The FCC won't finish a congressionally mandated review of media ownership rules this year. And an inquiry into the early termination fees paid by consumers who break cellphone contracts has yet to yield results. In addition, despite twice-weekly staff meetings on Comcast Corp.'s proposal to acquire control of NBC Universal from General Electric Co., the FCC may not finish that review until February, agency officials say. The Justice Department is also reviewing the deal, but it's expected to announce a decision by the end of the year. "We don't have a chairman making bad decisions. We just have a chairman that doesn't make decisions," said Sascha Meinrath, director of the New America Foundation's Open Technology Initiative, who was a member of the Obama campaign's tech advisory group. Big telecommunications companies, which largely oppose more FCC regulation, aren't happy with Chairman Genachowski either. Verizon Communications Chief Executive Officer Ivan Seidenberg publicly criticized the FCC in June, saying Genachowski's proposals for regulating Internet lines "will cause uncertainty in the marketplace, create disincentives for investment and make one of the true success stories of the American economy less competitive."
benton.org/node/42720 | Wall Street Journal
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CHANGES FOR COPPS
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Federal Communications Commission member Michael Copps announced that his Senior Policy Advisor, Jennifer Schneider, will depart the FCC. The Hill reports that Schneider is joining Frontier Communications as vice president of legislative affairs. Margaret McCarthy will be joining Commissioner Copps' staff as Policy Advisor for Broadband, Wireline and Universal Service, beginning October 12, 2010. McCarthy has most recently been serving as Legislative Assistant to Sen Byron Dorgan (D-ND), counseling the Senator on a range of communications and media issues. Prior to joining Sen Dorgan's staff, McCarthy served as a Telecommunications Policy Analyst for the National Telecommunications and Information Administration (NTIA) at the Department of Commerce, where she helped implement the Broadband Technology Opportunities Program. She also previously served on the staff of the Senate Committee on Commerce, Science and Transportation.
benton.org/node/42703 | Federal Communications Commission | The Hill
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BAKER STAFF CHANGES
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
Federal Communications Commission member Meredith Attwell Baker announced that her Wireline Legal Advisor, Christi Shewman, will soon depart her staff to rejoin the Wireline Competition Bureau. Brad Gillen, the Commissioner's Legal Advisor for media issues, will transition to wireline issues, and Krista Witanowski of the Media Bureau will be detailed to Commissioner Baker's office as Acting Legal Advisor for media issues pending the selection of a permanent advisor. Millie Kerr, the Commissioner's Confidential Assistant and Staff Attorney, is also leaving the Commission. Kari Amstutz will join Commissioner Baker's staff as her new Confidential Assistant, and Tasha Kinney will join Commissioner Baker's staff as her Staff Assistant. Kari most recently worked for Congressman Charles Djou, and Tasha joins the Commission from the United States Department of Agriculture.
benton.org/node/42684 | Federal Communications Commission
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USAC NOMINEES
[SOURCE: Federal Communications Commission, AUTHOR: ]
The Federal Communications Commission seeks nominations for the following board member positions on the Board of Directors of the Universal Service Administrative Company (USAC). The positions are currently vacant.
Representative for cable operators (position formerly held by Lee Beatty Schroeder).
Representative for interexchange carriers with more than $3 billion in annual operating revenues (position formerly held by Rex Knowles).
Additionally, the Bureau seeks nominations for the following board member positions, which are set to expire on December 31, 2010:
Representative for commercial mobile radio service providers (position currently held by Scott Bergmann).
Representative for schools that are eligible to receive discounts (position currently held by Anne Bryant).
Representative for libraries that are eligible to receive discounts (position currently held by Anne Campbell).
Representative for state consumer advocates (position currently held by Wayne Jortner).
Representative for non-rural incumbent LECs (position currently held by Joel Lubin).
All nominations must be filed with the Office of the Secretary by October 27, 2010. Nominations may be filed using the Commission's Electronic Comment Filing System (ECFS), or by filing paper copies
benton.org/node/42702 | Federal Communications Commission
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STORIES FROM ABROAD
GOOGLING CENSORS
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] In most repressive countries, government censors like to toil in the shadows, maintaining a cover of deniability as they block citizens' access to information. It is gratifying to see that the Internet and Google are making their job tougher. Four months ago, Google unveiled a tool that allows users to monitor the requests received from governments to take down material or report data on the users of their search engine and other services. This month, it released another tool that will expose less overt attempts by governments to curtail its various services, including YouTube and Gmail. Once researchers start poring through the data, they will be able to track more precisely governments' efforts to clamp down on information. Google officials say this could even deter censorship, perhaps by embarrassing authorities into changing their ways. That may be too optimistic. Even exposing where censorship is most rampant should be a victory for freedom of expression.
benton.org/node/42719 | New York Times
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INDIA'S SURVEILLANCE
[SOURCE: New York Times, AUTHOR: Vikas Bajaj, Ian Austen]
In the United States, law enforcement and security agencies have raised privacy concerns with a new proposal for electronic eavesdropping powers to track terrorists and criminals and unscramble their encrypted messages. But in India, government authorities are well beyond the proposal stage. Prompted by fears of digital-era plotters, officials are already demanding that network operators give them the ability to monitor and decrypt digital messages, whenever the Home Ministry deems the eavesdropping to be vital to national security. Critics, though, say India's campaign to monitor data transmission within its borders will hurt other important national goals: attracting global businesses and becoming a hub for technology innovation. The most inflammatory part of the effort has been India's threat to block encrypted BlackBerry services, widely used by corporations, unless phone companies provide access to the data in a readable format. But Indian officials have also said they will seek greater access to encrypted data sent over popular Internet services like Gmail, Skype and virtual private networks that enable users to bypass traditional telephone links or log in remotely to corporate computer systems. Critics say such a threat could make foreigners think twice about doing business here. Especially vulnerable could be outsourcing for Western clients, like processing medical records or handling confidential research projects, information that is typically transmitted as encrypted data.
benton.org/node/42718 | New York Times
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TECHS RESIST INDIA
[SOURCE: New York Times, AUTHOR: Vikas Bajaj, Ian Austen]
In the last year, the Indian government surprised foreign telecommunications equipment suppliers like Huawei, Alcatel-Lucent and Cisco Systems by temporarily blocking the import of new network gear. The government said it needed to set up a procedure to detect any software embedded in the machines that could be used by foreign governments to spy on or otherwise harm India. Many orders for equipment were stalled for several months and gear from Chinese vendors has been held up for much of the year. India has loosened restrictions on equipment imports. The country is no longer blocking the imports altogether, but is now requiring equipment makers to obtain government clearance on a case-by-case basis. Or vendors can agree instead to several conditions including depositing source code — the underlying software instructions for the equipment -- with the government, as well as having the equipment tested by independent consultants.
benton.org/node/42717 | New York Times
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