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The Federal Communications Commission's second annual Chief FOIA Officer Report shows continued progress at the FCC in ensuring public access to Commission records through the Freedom of Information Act and by Internet posting. General Counsel Austin Schlick, the FCC’s Chief FOIA Officer, led a review of the Commission’s FOIA operations.
Key points in the report include:
- The FCC granted in whole or in part 97.9% of the initial FOIA requests it has received in FY 2011, up from 95.3% in FY 2010 and 94.2% in FY 2009.
- The Commission is expanding the use of redaction software to ensure that records properly withheld under a FOIA exemption are properly redacted and marked with the applicable exemption.
- The increase in records available on FCC.gov has reduced the need of the public to seek records through the FOIA. The FCC has more than doubled the number of pages of records available on its website since 2008. At the same time, the number of initial FOIA requests received by the FCC declined from 659 in FY 2009 to 598 in FY 2010 and is on pace to decline again in FY 2011.
- The already small backlog of FOIA requests and applications for review is being further reduced.
Much credit for the smooth handling of the Commission’s FOIA program goes both to members of the Office of Managing Director’s Performance Evaluation and Records Management FOIA staff and to staff throughout the agency that process FOIA requests. They work hard to ensure responses to FOIA requests are timely and complete.
Chief FOIA Officer Report Shows Continued Progress 2011 Report of the Chief FOIA Officer of the Federal Communications Commission (read the report)
A major new report from a consortium of academic researchers concludes that media piracy can't be stopped through “three strikes” Internet disconnections, Web censorship, more police powers, higher statutory damages, or tougher criminal penalties. That's because the piracy of movies, music, video games, and software is “better described as a global pricing problem.” And the only way to solve it is by changing the price.
Over the last three years, 35 researchers contributed to the Media Piracy Project, released last week by the Social Science Research Council. Their mission was to examine media piracy in emerging economies, which account for most of the world's population, and to find out just how and why piracy operates in places like Russia, Mexico, and India. Their conclusion is not that citizens of such piratical societies are somehow morally deficient or opposed to paying for content. Instead, they write that “high prices for media goods, low incomes, and cheap digital technologies are the main ingredients of global media piracy. If piracy is ubiquitous in most parts of the world, it is because these conditions are ubiquitous.”
Piracy a "global pricing problem" with only one solution
The Utilities Telecom Council (UTC) said it was unhappy with the Federal Communications Commission for not naming a single representative of electricity, gas and water utilities to its Emergency Response Interoperability Center's Public Safety Advisory Council (ERIC PSAC), which is coming up with design and build-out plan for a public safety emergency response network.
The first meeting of the 60-member council, which includes commercial broadband and equipment providers, will be March 15. "When the FCC issued its National Broadband Plan almost a year ago, it recommended that utilities and public safety should jointly build, operate and maintain 700 MHz broadband networks," the council pointed out, and UTC nominated a reserve police lieutenant from New Jersey. "We recognize the important role that public utilities serve during emergency response efforts and their commitment to serving their communities," said an FCC spokesman. "However, under the current law, these commercial companies are not clearly defined as public safety entities that would be permitted to use the 700 MHz public safety interoperable broadband network once constructed. We currently have an open proceeding that asks about this very issue to determine how best to address their concerns. We look forward to working with public utilities on this issue going forward."
Utilities Feeling Left Out of the Emergency Communications Network Loop
Democratic political consultant Joe Trippi said that it’s just a matter of time before a third-party candidate comes out of nowhere to upend a presidential front-runner — and it could happen as soon as next year to President Barack Obama.
Speaking at the South by Southwest Interactive conference about how social media continues to transform politics and campaigns, the consultant behind Howard Dean’s Web-centric 2004 bid had some choice words for Team Obama heading into next year’s election. He said some underdog candidate is going to seize on social media tools in ways that no one has even thought of.
Joe Trippi: Social media will kill two-party system
When it comes to providing consumers with movies and TV shows online, Netflix is king with its more than 20 million subscribers. But the competition for serving up content on computers, TV screens and mobile devices is heating up fast.
Last week, Facebook and Warner Brothers announced a new content initiative. Although the deal is tiny — at this point only a single movie is available on Facebook — the move comes on the heels of Amazon's announcement last month that it would give its so-called prime customers the ability to stream about 5,000 movies, documentaries and TV shows for free. Netflix says it isn't surprised by the competition. "You know, it's pretty unusual for the world to let you run away with a couple of billion dollars of revenue and a large market cap without testing the waters," says Ted Sarandos, the chief content officer at Netflix. "Now, I would say, do we take some comfort from the running room that we have? Absolutely. We have a huge library of content and we have a great relationship with over 20 million subscribers." The company's rise has been quite stunning — it had just 12 million subscribers a year ago. And it's now streaming most of its content, rather than sending out DVDs.
Competition For Online Video Content Heats Up
The House Appropriations Committee has offered up another stop-gap continuing resolution (CR) spending bill, this time including cuts to public broadcasting among the $6 billion in cuts, though Republican leaders say they are public broadcasting cuts President Barack Obama has already proposed himself.
According to the legislation, which would keep funding the government past the current March 18 expiration of the previous two-week continuing resolution, it would make cuts outside the basic appropriation for Corporation for Public Broadcasting, which the President has proposed maintaining and even increasing. It would terminate the Fiscal Stabilization Fund, $50 million that would have helped make up for losses in public station viewer donations, which have been down in the down economy. It also would also end funding of facilities projects that have been completed, said the Republicans. One, an interconnection project the committee points out was completed last year. The other is $19 million for the government-mandated conversions of public TV stations to digital broadcasting "and other mandated conversion efforts [that] are now completed and the funds no longer necessary," said the committee. The long-term goal of many Republicans is to cut or zero out CPB's principal funding entirely, which has drawn pushback from some Democrats and various public interest groups.
House Proposes CPB Cuts In Latest CR
The Federal Trade Commission reached a settlement with online advertising company Chitika, Inc. that ends the company’s allegedly deceptive practice of tracking consumers’ online activities even after they have chosen to opt out of online tracking on Chitika’s website.
The FTC investigated Chitika as part of its ongoing efforts to protect consumers’ privacy online. Chitika, whose website states that it delivers three billion ad impressions a month, acts as a go-between for websites and advertisers. According to the FTC complaint, Chitika buys ad space on websites and contracts with advertisers to place small text files called cookies on those websites. Chitika also uses a technique known as behavioral advertising by placing “cookies” on consumers’ computer browsers, the company tracks consumers’ activities on the web, including searches the consumer has conducted and sites the consumer has visited. Based on consumers’ online activities, the company then displays ads to them that correlate to their interests.
The FTC alleged that in its privacy policy the company says that it collects data about consumers’ preferences, but allows consumers to opt out of having cookies placed on their browsers and receiving targeted ads. The privacy policy includes an “Opt-Out” button. Consumers who click on it activate a message that states, “You are currently opted out.”
According to the FTC complaint, from at least May 2008 through February 2010, Chitika’s opt-out lasted only 10 days. After that time, Chitika placed tracking cookies on browsers of consumers who had opted out and targeted ads to them again. The FTC charged Chitika’s claims about its opt-out mechanism were deceptive and violated federal law.
The settlement bars Chitika from making misleading statements about the extent of data collection about consumers and the extent to which consumers can control the collection, use or sharing of their data. It requires that every targeted ad include a hyperlink that takes consumers to a clear opt-out mechanism that allows a consumer to opt out for at least five years. It also requires that Chitika destroy all identifiable user information collected when the defective opt out was in place. In addition, the settlement requires that Chitika alert consumers who previously tried to opt out that their attempt was not effective, and they should opt out again to avoid targeted ads.
FTC Puts an End to Tactics of Online Advertising Company That Deceived Consumers Who Wanted to "Opt Out" from Targeted Ads FTC flags online ad firm for tracking consumers (The Hill)
The Media Access Project, a public interest law firm specializing in telecommunications matters, brought together leading industry experts to explore issues surrounding potential spectrum auctions.
The goal of the proposed auctions is to free up spectrum for use by mobile broadband. The spectrum would come from that which is currently owned by television broadcasters who voluntarily gave up part of their licensed bandwidth for monetary compensation. The Federal Communications Commission estimates that only 10 percent of the population still watches over-the-air broadcast television. Many broadcasters, however, oppose the plan and are reluctant to give up their even part of their currently licensed spectrum. “The U.S. is falling behind in providing spectrum for innovation and mobile broadband,” said Chris Guttman-McCabe, Vice President of Government Affairs at CTIA The Wireless Association. “Japan is offering up 400 megahertz (MHz) of new spectrum while the UK is offering 500 MHz for new uses.” Guttman-McCabe went on to support the idea of voluntary broadcast spectrum auctions, calling them necessary to prevent a spectrum crisis.
Media Access Project Panel Debates Spectrum Auctions
The horrific earthquake and the ensuing tsunami in Japan have caused widespread damage to undersea communications, according to data collected by telecom industry sources. Initially, it was thought that the damage to the cables that connect Japan and Asia to each other and other parts of the world was limited, but new data shows the extent of the problems.
According to research firm, Telegeography, the following cables have been damaged:
- APCN-2, which is an intra-Asian cable, forms a ring linking China, Hong Kong, Japan, the Republic of Korea, Malaysia, the Philippines, Singapore and Taiwan.
- Pacific Crossing West and Pacific Crossing North, which are out of service.
- PacNet has reported outages on segments of its East Asia Crossing network.
- Korea Telecom reports that a segment of the Japan-U.S. Cable Network is damaged
- NTT has reported damage to some segments of the PC-1 submarine cable system.
Most of the damaged network routers land in the Ajigaura or Kitabaraki landing stations, which are between Tokyo and Sendai. The tsunami and earthquake have not damaged Japan’s cable landing stations.
In Japan, Many Undersea Cables Are Damaged
Looks like Amazon is looking to cast its retail net ever wider in the hunt for new Kindle users: the e-reading device is now being sold in the UK by Carphone Warehouse and Best Buy UK, an extension of a retailing deal the two companies started in the U.S. last September, and is now being offered for free with mobile phone subscriptions.
The news comes two weeks after Amazon and AT&T announced that the Kindle would also get stocked in AT&T’s retail stores in the US. Amazon’s newest sales outlets in the UK will be selling the Kindle at the same prices as Amazon’s own site, as well as other retailers like John Lewis and PC World: £111 for the WiFi-only model, and £152 for the model that includes 3G connectivity. Carphone Warehouse will be offering the Kindle with a twist, too: people taking out two-year contracts on selected handsets will be able to get the WiFi Kindle free of charge, with the 3G model costing £15. The move is an interesting one for Amazon, which is trying to ramp up more users beyond those who would have bought the product directly from its own site.
Amazon Kindle: Bundled Free In UK, And The iPad Effect