Top Stories from 2010
Obama Signs
Rockefeller Internet Sales Practices Bill
12/29. President Obama signed into law S 3386
[LOC |
WW],
the "Restore Online Shoppers' Confidence Act". See, White House news office
release.
OUSTR Is Considering
Filing WTO Complaint Against PRC For Its Rare Earths Export Restraints
12/23. The Office of the U.S. Trade
Representative (OUSTR) released its
report [124 pages in PDF] titled "2010
Report to Congress On China's WTO Compliance". It states that the OUSTR is considering
filing a complaint with the World Trade Organization (WTO)
alleging that the People's Republic of China's (PRC) restrictions on the export of rare earth
materials (REM) violates its WTO obligations. The PRC followed this announcement with its own
announcement that it will further restrict exports of REMs.
Commentary: the
FCC's BIAS Rules and the Congressional Review Act
12/21. On December 21, 2010, the Federal Communications Commission (FCC) adopted (but did not
release) rules that regulate broadband internet access service (BIAS). A majority of members
of Congress are on record as opposing new regulation of broadband. Also on December 21,
Sen. Kay Hutchison (R-TX) said in the Senate that
she would introduce a Resolution of Disapproval (ROD) under the Congressional Review Act (CRA)
to block these rules, and Rep. Fred Upton (R-MI) issued
a release that states that "Reps. Upton, Walden and Terry will look toward the
Congressional Review Act of 1996 (CRA) to fight the FCC's actions."
Obama Addresses
Export Control Reform Process
12/16. President Obama gave a
speech on December 9, 2010, at a meeting of the President's
Export Council (PEC), in which discussed several trade related topics, including changes
to the US export regulation regime. He stated that the regulations are a "maze" and
"onerous" and that they are being reformed. He also announced several items that are
a part of an ongoing reform process.
6th Circuit Rules
There Is A Reasonable Expectation of Privacy In Stored E-Mail
12/14. The U.S. Court of Appeals (6thCir) issued its
opinion [98 pages in
PDF] in US v. Warshak, which involves application of the 4th Amendment to the
government's ex parte seizure of approximately 27,000 of Warshak's private e-mails. The Court of
Appeals held that a subscriber enjoys a reasonable expectation of privacy in the contents of emails
that are stored with, or sent or received through, a commercial ISP. The government may not compel
a commercial ISP to turn over the contents of a subscriber’s emails without first obtaining a
warrant based on probable cause.
House Judiciary
Subcommittee Holds Hearing on Civil Liberties and ICT Issues
12/9. The House Judiciary Committee's (HJC)
Subcommittee on the Constitution, Civil Rights, and Civil Liberties will held a hearing
titled "Civil Liberties and National Security". This hearing covered a wide range of
topics involving detention, interrogation, torture, prosecution and trial of defendants,
prisoners of war, foreign detainees, and terrorism suspects. However, some of the hearing
addressed information and communications technology (ICT) related topics, including the state
secrets privilege, warrantless wiretaps, government access to consumers' phone call records,
and a potential CALEA like statute for the internet.
Rep. Upton to Chair
House Commerce Committee
12/7. The Republican Steering Committee selected Rep. Fred
Upton (R-MI) to be Chairman of the House
Commerce Committee (HCC) in the 112th Congress, which meets in January of 2011. The
Chairmen of the HCC's Subcommittee on Communications, Technology and the Internet (SCTI)
and the Subcommittee on Commerce, Trade and Consumer Protection (SCCP) for the 112th Congress
have not yet been named.
Copps Wants to
Impose Public Value Test on Broadcasters
12/3. Federal Communications Commission (FCC) Commissioner
Michael Copps gave another
speech [8 pages in PDF] in which he railed against media, big companies,
gatekeepers, Wall Street and investors. In addition, for the first time, he
proposed that the FCC impose a "Public Value Test" (PVT) on broadcasters. The
BBC employs a PVT in a different context.
Genachowski
Announces Plans to Regulate Broadband
12/1. The Federal Communications Commission (FCC) announced that it is scheduled to adopt an
order at its December 21, 2010, event titled "open meeting" that includes rules for
regulating broadband internet access service (BIAS) providers. However, this item will not
reclassify BIAS as a Title II service. The FCC has not released the text of the proposed rules.
FCC Chairman Julius Genachowski
read a speech
[4 pages in PDF] on Wednesday morning, December 1, 2010, in which he described and advocated,
but did not recite, these proposed rules. See also, TLJ
web page titled
"TLJ Comparison Chart: Regulation of Broadband Internet Access Service (BIAS)".
Commentary:
Comparison of December 2006 to December 2010
11/23. If the Federal Communications Commission (FCC) carries through with a meeting on
December 21, 2010, and adopts an item that imposes a network neutrality regulatory regime, then
its 2010 and 2006 meetings will have numerous similar attributes.
House Republicans
Warn Genachowski Not to Adopt Internet Regulation Order at December Meeting
11/19. Some participants in the long running debate over network neutrality mandates are now
acting as though the Federal Communications Commission (FCC) plans to adopt an order at its
December meeting that contains network neutrality rules. However, the FCC has issued no
public notice or statement to this effect. Nineteen Republicans on the
House Commerce Committee (HCC) sent a
letter [PDF] to FCC Chairman Julius Genachowski on November 19 warning him that it would
be a "mistake" to adopt a "network neutrality order" at the FCC's December
meeting.
NTIA Announces
Plan to Reallocate 115 MHz of Spectrum
11/15. The National Telecommunications and Information
Administration (NTIA) released a
report
[262 pages in PDF] that announces plans to reallocate 115 MHz of spectrum currently used by
federal agencies for wireless broadband "in the next five years".
FCC Is Investigating
Google
11/11. Rep. Ed Markey (D-MA) stated in a
release on November 10, 2010, that the Federal Communications Commission (FCC) "is
rightly investigating whether Google's Street View cars steamrolled privacy laws in pursuit
of mapping information."
Simpson &
Bowles Propose Changes for FCC Auctions, USF, CPB and R&D Tax Credit
11/10. Alan Simpson and Erskine Bowles, Co-Chairs of the
National Commission for Fiscal
Responsibility and Reform (NCFRR), released a
document [50 pages PDF] titled "Co-Chairs' Proposal", and an
attachment [24 pages in PDF] titled "$200 Billion in Illustrative Savings".
Several of their proposals relate to information and communications technology (ICT).
FCC Declares
That States May Tax Intrastate Revenues of Nomadic Interconnected VOIP Providers
11/5. The Federal Communications Commission (FCC) released a
Declaratory Ruling (DR) [12 pages in PDF] in which it held that going
forward states may impose universal service taxes on the intrastate revenues of
nomadic interconnected voice over internet protocol (VOIP) service providers.
Rep. Boucher
Loses Election
11/2. Rep. Rick Boucher (D-VA) lost his bid
for re-election to the House. He is currently the Chairman of the
House Commerce Committee's (HCC) Subcommittee on
Communications, Technology and the Internet. He is one of the Congresses leading authorities on
communications and internet technologies, laws and policies.
Verizon Wireless
to Pay Fine and Give Refunds for Overbilling Customers
10/28. The Federal Communications Commission's (FCC)
Enforcement Bureau (EB) adopted and released an
Order [PDF] and
Consent Decree [9 pages in PDF] regarding Verizon Wireless's billing
practices with respect to data usage.
FTC Ends
Investigation of Google WiFi Intercepts
10/27. The Federal Trade Commission (FTC) sent a
letter [2 pages in PDF]
to Google regarding its investigation into Google's interception of wireless communications.
The FTC wrote that "we are ending our inquiry into this matter at this time".
Google Intercepted
E-Mail Content and Passwords
10/22. Google disclosed in a
release that the data that its Street View vehicles collected as part of its WiFi
surveillance project included "entire emails and URLs ... as well as passwords".
3rd Circuit Holds
Cell Phone Radiation Class Action Preempted by FCC Regulation
10/22. The U.S. Court of Appeals (3rdCir)
issued its opinion [85 pages
in PDF] in Farina v. Nokia, a putative class action against numerous cell
phone manufacturers and retailers of wireless handheld telephones. The Court of
Appeals affirmed the judgment of the District Court, which dismissed.
FCC Adopts Bill
Shock NPRM
10/14. The Federal Communications Commission (FCC) adopted and released a
Notice
of Proposed Rulemaking (NPRM) [32 pages in PDF] that proposes to regulate the billing and
notice practices of mobile service providers. The FCC and proponents of such regulations
describe this as "bill shock" relief. This NPRM states that it proposes rules that
would require "mobile service providers to provide usage alerts and information that will
assist consumers in avoiding unexpected charges on their bills".
Legislators Urge
Funding for NTIA BTOPs Grants Oversight
10/12. HR 1 [LOC
| WW], the huge spending
bill passed by the Congress in February of 2009, provided $7.2 Billion to the
National Telecommunications and Information Administration
(NTIA) and Rural Utilities Service (RUS) for the purpose of
promoting broadband. Much of this money is being spent via multi-year grants. That bill, however,
did not appropriate funds for the government to conduct ongoing oversight of these grants.
Legislators are now seeking funding for such oversight.
Microsoft Alleges
That Motorola's Android Smart Phones Infringe Its Patents
10/1. Microsoft filed a complaint in the U.S.
District Court (WDWash) against Motorola alleging infringement of nine patents that it
states are related to smart phone technology. Microsoft filed a related Section 337 complaint
(19
U.S.C. § 1337) with the U.S. International Trade
Commission (USITC) to prevent importation of allegedly infringing devices. Microsoft did
not name as a defendant Google, which developed the
Android operating system.
Verizon and
Google Announce Legislative Proposal on Internet Regulation
8/9. Verizon and Google announced that they have reached an agreement regarding the
regulation of broadband internet access service (BIAS) providers, which they urge the
Congress to adopt as legislation. See, two party
proposal titled
"Verizon-Google Legislative Framework Proposal", Google
statement titled
"A joint policy proposal for an open Internet", and TLJ
chart comparing the
key language of the FCC's 2005 Policy Statement, the FCC's 2009 proposed rules, and the just
released Verizon Google proposal.
FCC Adopts
Disability Access Policy Statement, Order, and NPRM
8/5. The Federal Communications Commission (FCC) adopted and released a
document [79 pages in PDF] titled "Policy Statement and Second Report and Order
and Further Notice of Proposed Rulemaking" that pertains to disability access.
FTC and Intel
Settle Antitrust Claims
8/4. The Federal Trade Commission (FTC) and
Intel announced that they have settled the
FTC's administrative claims that Intel violated Section 5 of the FTC Act. See,
Agreement Containing
Consent Order [3 pages in PDF] and
Decision and Order [22
pages in PDF]. This proceeding is in the nature of a Sherman Act antitrust case. However,
the FTC proceeded under Section 5 of the FTC Act, which has only rarely been
invoked in the antitrust context, to avoid the large body of antitrust case law,
and reach conduct that is not prohibited by the antitrust statutes.
Rep. Boucher
and Rep. Stearns Introduce Voluntary Incentive Auctions Act
7/29. Rep. Rick Boucher (D-VA) and
Rep. Cliff Stearns (R-FL) introduced
HR 5947 [LOC |
WW |
PDF],
the "Voluntary Incentive Auctions Act of 2010". This bill would amend
47 U.S.C. § 309(j)(8) to allow for the sharing of spectrum auction proceeds with the
licensees who voluntarily relinquish that spectrum. It could provide a financial incentive
for television broadcasters and other licensees to relinquish spectrum.
Congress Passes
Foreign Libel Judgments Bill
7/27. The House and Senate passed HR 2765
[LOC |
WW], the
"Securing the Protection of our Enduring and Established Constitutional Heritage Act"
or "SPEECH Act". This bill, among other things, prohibits the recognition and
enforcement in the United States of foreign defamation judgments when the foreign court does
not afford at least as much protection for freedom of speech and press as the U.S. court.
SEC Files
Complaint Against Dell for Failure to Disclose that Income from Intel Included Anti-AMD
Exclusivity Payment
7/22. The Securities and Exchange Commission (SEC) filed
a civil complaint
[61 pages in PDF] in the U.S. District
Court (DC) against Dell, and several of its officers, alleging violation of
federal securities laws in connection with its failure to disclose receipt of
exclusivity payments from Intel for not using AMD processors.
Sen.
Lieberman and Sen. McCain Introduce D Block Bill
7/21. Sen. Joe Lieberman (D-CT) and
Sen. John McCain (R-AZ) introduced S 3625
[LOC |
WW |
PDF], the "First Responders Protection Act of 2010", a bill to license, not
auction, the D Block for use by first responders, and to authorize the
appropriation of $11 Billion to build and maintain a nationwide interoperable
network for emergency communications.
Genachowski
States FCC and NTIA Will Inventory Spectrum
7/14. Federal Communications Commission (FCC) Chairman
Julius Genachowski sent a
letter to
Sen. John Rockefeller (D-WV), the Chairman of
the Senate Commerce Committee (SCC), regarding
an inventory of the use of spectrum by licensees and users.
2nd Circuit Holds
FCC Indecency Policy Violates First Amendment
7/13. The U.S. Court of Appeals (2ndCir) issued its
opinion [32 pages in PDF], on remand from the Supreme Court, in Fox Television
Stations v. FCC. The Court of Appeals held that the Federal Communications Commission's
(FCC) indecency policy "violates the First Amendment because it is unconstitutionally vague,
creating a chilling effect that goes far beyond the fleeting expletives at issue here". It
vacated the FCC's order.
USPTO Releases
Draft Five Year Plan
7/9. The U.S. Patent and Trademark Office (USPTO) released a
draft
[76 pages in PDF] of its "FY 2010-2015 Strategic Plan". This draft plan states that
it "is designed to strengthen the capacity of the USPTO, improve the quality of patents
and trademarks issued and shorten the time it takes to get a patent". This draft adds that
the USPTO ability to accomplish this is contingent upon its receiving adequate funding, fee
setting authority, and enhanced post grant reexamination authority.
FCC Discloses
Data on High Cost Universal Service Subsidies
7/8. The Federal Communications Commission (FCC) responded to questions from the
House Commerce Committee (HCC) regarding
its high cost universal service subsidy program. Rep.
Joe Barton (R-TX), the ranking Republican on the HCC, stated in a
release that "The FCC is not only wasting time chasing a network neutrality
`problem´ that doesn't exist, it is wasting Americans' money by failing to
reform the Universal Service Fund".
Supreme Court
Rules in Bilski
6/28. The Supreme Court issued its
opinion [71
pages in PDF] in Bilski v. Kappos, affirming the judgment of the
U.S. Court of Appeals (FedCir). It
offered more flexibility than clarity on when processes that can be described as
business methods can be patentable subject matter.
District Court
Grants Summary Judgment to YouTube in Copyright Infringement Case
6/23. The U.S. District Court (SDNY) issued
an opinion
and order [30 pages in PDF] in Viacom v. YouTube, granting summary judgment
to the defendants. The District Court held, on cross motions for summary judgment, that the
activities of YouTube at issue in this action fall within the safe harbor protection of the
Digital Millennium Copyright Act (DMCA), codified at
17
U.S.C.§ 512(c).
IPEC Releases
Plan on Intellectual Property Enforcement
6/22. The Executive Office of the President's (EOP)
Office of the Intellectual
Property Enforcement Coordinator released a
document [65 pages in PDF] titled "2010 Joint Strategic Plan on Intellectual Property
Enforcement". The report reaffirms the commitment of federal government agencies to
protecting intellectual property rights (IPR), summarizes the relevant activities of various
federal agencies, and addresses coordination among agencies. It is not a vehicle for announcing
new policy initiatives.
FCC Adopts Broadband
Reclassification NOI
6/17. The Federal Communications Commission (FCC) adopted a
Notice of
Inquiry (NOI) [64 pages in PDF] that proposes to reclassify broadband internet access
services as Title II services, by a vote of 3-2. The providers of broadband internet
access services, and their supporters, criticized the NOI. Companies that do not build
broadband networks, but whose services to their customers entail usage of broadband networks,
and their supporters, praised the NOI.
House Judiciary
Committee Holds Hearing on Trinko
6/15. The House Judiciary Committee's (HJC)
Subcommittee on Courts and Competition Policy held a hearing titled "Is There Life
After Trinko and Credit Suisse?: The Role of Antitrust in Regulated Industries".
Senate Commerce
Committee Approves Distracted Driving Prevention Act
6/9. The Senate Commerce Committee (SCC) held
an executive session at which it approved S 1938
[LOC |
WW],
the "Distracted Driving Prevention Act of 2009". The SCC approved an
amendment in the
nature of a substitute [16 pages in PDF], and the bill as amended.
Google Responds
to Congressional Inquiry Regarding Its Collection of Data from WiFi Networks
6/9. Google's Pablo Chavez sent a
letter [7 pages in PDF] to leaders of the
House Commerce Committee (HCC)
regarding its "collection of data from WiFi networks".
USPTO Proposes
Three Track Patent Examination System
6/4. The U.S. Patent and Trademark Office (USPTO) proposed
a three track patent examination system. The USPTO stated in its release that under the first
track, applicants would be able, for an increased fee, to obtain "prioritized" and
"expedited" examination. The second track would be for "traditional examination
under the current procedures". The third track would enable applicants to delay
examination.
WTO's 3rd Trade
Policy Review Addresses IPR in the PRC
6/2. The World Trade Organization's (WTO) held a meeting
in Geneva, Switzerland, regarding its third "Trade Policy Review of China" on May 31
through June 2, 2010. The WTO stated in a
release that among the
issues addressed were "concern about China's indigenous innovation policies, and their
effect in restricting access for foreign products, investors, technology and intellectual
property", and "accelerating progress towards China's goal of comparatively high
standards for intellectual property rights by 2020".
Obama Signs
Satellite TV Bill
5/27. President Obama signed into law S 3333
[LOC |
WW], the
"Satellite Television Extension and Localism Act of 2010", or "STELA".
See, White House news office
release.
FCC Adopts
Broadcast Ownership NOI
5/25. The Federal Communications Commission (FCC) adopted and released a
Notice of
Inquiry (NOI) [38 pages in PDF] in its proceeding regarding regulation of broadcast
ownership.
FCC Adopts Mobile
Wireless Competition Report
5/20. The Federal Communications Commission (FCC) adopted a
Fourteenth
Report [308 pages in PDF] on the state of mobile wireless competition. This report is 308
pages long, and is packed with all kinds of data. But, it lacks the one thing that the Congress
expressly required the FCC to report -- an analysis of the "competitive market conditions
with respect to commercial mobile services", including "an identification of the
number of competitors in various commercial mobile services, an analysis of whether or not
there is effective competition, an analysis of whether any of such competitors have a dominant
share of the market for such services, and a statement of whether additional providers or classes
of providers in those services would be likely to enhance competition". The FCC could have
offered a conclusion as to whether or not there is effective competition. The above quoted
statutory language requires the FCC to report its conclusion. But, the FCC report contains no
such conclusion.
Sen. Rockefeller
Introduces Bill to Regulate Aggressive Sales Tactics on Internet
5/19. Sen. John Rockefeller
(D-WV), the Chairman of the Senate
Commerce Committee (SCC), introduced S 3386
[LOC |
WW],
the "Restore Online Shoppers' Confidence Act". In addition, the SCC released
report [25 pages in PDF] prepared by the majority staff of the SCC titled
"Supplemental Report on Aggressive Sales Tactics on the Internet". This bill recites
in its findings that "the aggressive sales tactics many companies use against their
online customers have undermined consumer confidence in the Internet".
Public Knowledge
Urges Anti-Circumvention Exceptions
5/13. The Public Knowledge (PK) released the
third paper
[71 pages in PDF] in a series on reforming copyright law. This paper is titled
"Updating 17 U.S.C. § 1201 for Innovators, Creators, and Consumers in the Digital
Age". This paper proposes to create exceptions to the anti-circumvention provisions of
17 U.S.C. § 1201, which was enacted as part of the Digital Millennium Copyright Act
(DMCA). It proposes to allow circumvention for any non-infringing purpose, and the manufacture,
importation and sale of circumvention devices for any non-infringing purpose.
Photographers
and Graphic Artists File Class Action Copyright Infringement Complaint Against
Google
4/7. The American Society of Media Photographers (ASMP),
Graphic Artists Guild (GAG),
Picture Archive Council of America, and others
filed a complaint [22
pages in PDF] in the U.S. District Court (SDNY)
against Google alleging copyright infringement in connection with Google's scanning,
storing and distribution of books and periodicals that contain copyrighted photographs
and other visual works.
Court of Appeals
Vacates FCC's Comcast Order
4/6. The U.S. Court of Appeals (DCCir)
issued its opinion
[36 pages in PDF] in Comcast v. FCC, vacating the August 2008 order of the
Federal Communications Commission (FCC) that asserted authority to regulate the network
management practices of broadband internet access providers. The Court held that the FCC
lacks statutory authority to do this.
DOJ Will Not
Challenge AP's Internet News Registry
3/31. The Department of Justice's (DOJ) Antitrust
Division sent a
business
review letter to The Associated Press (AP) in which it stated that the DOJ has "no
present intention to challenge the development or operation" of "a voluntary
news registry ... to facilitate the licensing and Internet distribution of news
content created by the AP, its members, and other news originators".
Digital Due
Process Coalition Proposes Changes to Federal Surveillance Law
3/30. A newly organized coalition of companies and groups named
Digital Due Process (DDP) announced a set of
four principles which they argue should be incorporated into the federal statutes that
regulate government searches and seizures of stored communications and data.
House
Subcommittee Approves Calling Card Consumer Protection Act
3/24. The House Commerce Committee's
(HCC) Subcommittee on Commerce, Trade and Consumer Protection amended and approved
HR 3993 [LOC |
WW], the
"Calling Card Consumer Protection Act". The Subcommittee approved a manager's
amendment by voice vote, and then approved the bill as amended by voice vote. The bill
next goes to the full Committee. This bill requires that prepaid calling cards disclose
certain information. See,
bill as introduced [16 pages in PDF] on November 3, 2009,
manager's amendment [5 pages in PDF] approved on March 24, 2010, and
TLJ
edit of bill [HTML] showing changes made by the manager's amendment.
Class Action
Complaint Alleges School District Use of Laptops to Surveil Students
3/22. Blake, Michael and Holly Robbins filed a
complaint [17 pages in PDF] in the
U.S. District Court (EDPa) on February 11,
2010, against the Lower Marion School District (LMSD)
and others alleging violation of the Electronic Communications Privacy Act
(18
U.S.C. § 2511), Computer Fraud and Abuse Act
(18
U.S.C. § 1030), and Stored Communications Act
(18
U.S.C. § 2701), violation of their rights under the 4th Amendment
(42
U.S.C. § 1983), and violation of other laws, in connection with the school district's
alleged clandestine and unauthorized use of school issued laptop computers to
engage in remotely controlled webcam monitoring of students in their homes.
FCC Releases
National Broadband Plan
3/15. The Federal Communications Commission (FCC) released a
document [376
pages in PDF] titled "A National Broadband Plan for Our Future". The FCC also
released a
summary [6 pages in PDF] and a
release [2
pages in PDF].
President
Obama Addresses Export Policy
3/11. President Obama signed an
executive order titled "National Export Initiative". In addition, the White
House news office issued a
release on the same subject. This order states that the U.S. will work to
"remove trade barriers abroad". It says nothing about removing U.S. trade
barriers to imports from abroad.
House Commerce
Committee Approves Truth in Caller ID Act
3/10. The House Commerce Committee
(HCC) amended and approved HR 1258
[LOC |
WW],
the "Truth In Caller ID Act Of 2010", by voice vote. See,
amendment in
the nature of a substitute [4 pages in PDF]. The bill does not require truth in caller
ID information. Callers would remain free to block caller ID information. Callers would
remain free to transmit false caller ID information, provided it is not with intent to
defraud. And, law enforcement and intelligence agencies would remain free to do whatever
they choose with caller ID information.
Supreme
Court Reverses in Reed Elsevier v. Muchnick
3/2. The Supreme Court of the US issued
its opinion
[23 page in PDF] in Reed Elsevier v. Muchnick, reversing the judgment
of the Court of Appeals (2ndCir). The Supreme Court reversed, 8-0, holding that the
copyright registration language in the first sentence of 7 U.S.C. § 411(a), which the
Court of Appeals held was jurisdictional, is not jurisdictional.
Microsoft
Obtains Ex Parte TRO in Waledac Botnet Case
3/2. Microsoft filed a
complaint
[63 pages in PDF] on February 22, 2010, in the
U.S. District Court (EDVa) against unnamed defendants alleged to be operators of a
controlled network of computers -- a botnet named Waledac -- that is used to send spam
e-mail messages. The District Court issued a sealed ex parte temporary restraining order
(TRO), that contains an order directed at non-party
VeriSign regarding domain names used in controlling the botnet.
Genachowski
Proposes Public Safety Use of Entire 700 MHz Band
2/25. Federal Communications Commission (FCC) Chairman Julius Genachowski gave a
speech
at the FCC regarding public safety and the FCC's forthcoming national broadband plan
(NBP). Among others things, he said the the NBP will propose moving forward with the
D Block auction, and also mandating that public safety entities have access to "the
entire 700 MHz band through roaming and priority access arrangements".
Telecom
and Cable Companies Oppose Reclassifying Internet Access As Title II
Telecommunications
2/22. A collection of telecom and cable companies and groups submitted a
letter [14 pages
in PDF] to the Federal Communications Commission (FCC) opposing proposals to regulate
broadband internet access services as Title II telecommunications services. The
Public Knowledge (PK) argued in a January 26,
2010,
filing [17 pages in PDF] that the FCC should "reclassify broadband access as
a Title II service".
FCC Expands
E-Rate Program to Cover Non-Educational Services
2/18. The Federal Communications Commission (FCC) adopted, but did not release, an
Order and Notice of Proposed Rulemaking that expands the FCC's e-rate tax and
subsidy program to cover non-educational uses.
House Bill
Proposes FCC Regulation of Internet Search Providers
2/16. Rep. Bill Foster (D-IL) introduced
HR 4504 [LOC |
WW], the
"Standards for Internet Non-Censorship Act of 2010", on January 26, 2010.
He proposes to delegate legislative authority to the President -- to write standards for
internet search providers. He proposes that the "free" nations of
the world write international standards. Finally, he proposes that the Federal
Communications Commission (FCC) write rules regulating internet search.
Rep. Markey
Introduces Sweeping E-Rate and E-Books Bill
2/9. Rep. Ed Markey (D-MA),
Rep. Lois
Capps (D-CA), and Rep. Doris Matsui (D-CA)
introduced HR 4619
[LOC |
WW],
the "E-Rate 2.0 Act of 2010". This bill would expand the FCC's e-rate
program to provide for subsidies for broadband access for households containing
someone who qualifies for the federally subsidized school lunch program. It
would also expand the e-rate program to include community colleges and the
federal head start programs. Finally, it would create an e-books subsidy program.
Defendant
Charged with Wire Fraud for eBay Cookie Stuffing Scheme
2/9. The Department of Justice's (DOJ) Office of the U.S. Attorney for the
Northern District of California (USAO/NDCal) charged Christopher Kennedy by
criminal information [PDF] with one count of conspiracy to commit wire fraud in
connection with his alleged creation and sale of a computer cookie stuffing program
directed at eBay that enables users of the program to obtain referral income
from eBay to which they are not entitled.
DOJ Criticizes
Amended Google Books Settlement
2/4. The Department of Justice's (DOJ) Antitrust
Division filed a
pleading
[31 pages in PDF] with the U.S. District
Court (SDNY) in Authors Guild v. Google regarding its continuing
objections to the amended proposed class action settlement, also known as the
amended settlement agreement, or ASA.
Amazon and
Macmillan Clash on E-Book Pricing
2/3. The Macmillan publishing company
released a statement
on Sunday, January 31, 2010, by its CEO, John Sargent, regarding ongoing negotiations
with Amazon regarding the sale, and pricing, of digital books. Amazon stopped selling
Macmillan books, both physical and digital.
U.S. Tech
Groups Complain About PRC's Use of Domestic IP as Trade Barrier
1/26. The Business Software Alliance (BSA),
Consumer Electronics Association (CEA),
Software and Information Industry Association
(SIIA), TechAmerica, Telecommunications
Industry Association (TIA), and fourteen other groups sent a letter to U.S.
government officials complaining about the People's Republic of China's (PRC)
procurement policy described as "indigenous innovation".
DOJ
Requires Ticketmaster Live Nation to License Ticket Software and Divest Ticketing
Assets
1/25. The Department of Justice's (DOJ)
Antitrust Division and numerous states filed a
complaint
[PDF] in the U.S. District Court (DC)
against Ticketmaster and Live Nation
alleging violation of Section 7 of the Clayton Act, which is codified at
15 U.S.C. § 18, in connection with their proposed merger. The parties
simultaneously announced a settlement.
Another
DOJ Inspector General Report Finds FBI Misconduct in Obtaining Phone Records
1/20. The Department of Justice's (DOJ)
Office of the Inspector General (OIG) released a
redacted copy [306 pages
in PDF] of another in a series of reports that finds misconduct at the FBI in its
communications surveillance. The report discloses misconduct by the FBI in its use
of "exigent letters" to obtain phone records from collaborating communications
companies that "target" reporters at the Washington Post and New York Times.
Google
Accuses Red China of Cyber Attacks Directed at Human Rights Activists
1/19. On January 12, 2010, Google released a
statement regarding cyber attacks on its systems, and the systems of other
companies, by the People's Republic of China (PRC). Google accused the PRC of
hacking for the purpose of surveilling "human rights activists". Google
added that it is "no longer willing to continue censoring" search results
in the PRC, and that it may "shut down Google.cn".
Antitrust
Division Urges FCC to Make More Spectrum Available for Wireless Broadband
1/4. The Department of Justice's (DOJ) Antitrust
Division submitted a
comment to the Federal Communications Commission (FCC) in connection with the FCC's
drafting of a document titled "National Broadband Plan". The DOJ states in this
comment that wireless broadband could become a competitor to wireline broadband provided
by cable and telecom companies. It states that the FCC should make more spectrum available
for wireless broadband. Also, it suggests doing so in a manner that puts it in the hands
of competitors to major incumbent wireline broadband providers.
Free Press
Asks DOJ and FTC to Investigate Alleged Collusion to Undermine Internet TV
1/4. The Free Press (FP) and other interest
groups sent letters to two U.S. antitrust regulators urging them to investigate TV
Everywhere for illegal collusion. They also wrote letters urging House and Senate
Committees to hold hearings. The FP argument is that there is not enough competition
among video distribution companies (cable, satellite and telco), and programming
companies, and as a result, prices are too high, and consumers are dissatisfied. Moreover,
this is unlikely to change without government regulation. But, the FP narrative continues,
the government can assure more competition by invoking antitrust law to impose artificial
competition through a compulsory licensing regime for video programming.