May 2010

Facebook's wise privacy move

[Commentary] By deciding to let users control more of their personal information, Facebook vented pressure building up in Washington to get lawmakers involved. That's a relief not just to Facebook users but everyone on the Web.

It's one thing for the Federal Trade Commission to hold companies to the promises they make to their users; it's another for lawmakers to try to design privacy policies for sites whose technical capabilities are constantly advancing, along with their users' demand for services and attitudes about privacy. Facebook triggered outrage when it started sending users' updates automatically to all of their friends. Now that kind of "news feed" is a central feature of just about every social network. What looks like a threat today may prove to be an asset tomorrow. There may come a day when Washington has to craft new rules to stop websites from preying on defenseless users, but we're not there yet.

Thailand's crisis and free speech

[Commentary] It has been a week since the Thai military cracked downed on antigovernment protests in the capital. The current trouble can be traced to competing godfathers who have used their influence and wealth to amass forces designed to pressure the other side into submission. What hasn't been discussed much is why and how the existing Thai political system could be restructured and reformed as a result of social and economic change. Yet the key to ending this bitter struggle is reform. And no party or person has yet offered a successful (and inclusive) reform agenda to make the political process more representative, transparent, and accountable.

The major obstacle to political reform in Thailand is its law of lèse-majesté. All 17 versions of the Thai Constitution since 1932 contain the clause, "The King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action." The Thai criminal code elaborates: "Whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to 15 years." In fact, the law has been applied broadly to intimidate and - where expedient, to imprison - critics of the current political system. That presents a significant problem: It becomes impossible to talk about political reform. There can be no open, frank, and direct exchange of views on how to politically deal with the monarchy as an institution. And without that ability to speak freely, reform becomes near impossible.

FCC June Meeting Agenda: Broadband reclassification

The Federal Communications Commission will next meet on June 17. On the agenda: a Notice of Inquiry to begin an open, public process to consider possible legal frameworks for broadband Internet services in order to promote innovation and investment, protect and empower consumers, and bring the benefits of broadband to all Americans.

The NOI will ask for public comment on questions including:

i) Whether the Commission's "information service" classification of broadband Internet service remains legally sound and adequate to support effective performance of the Commission's responsibilities;
ii) The legal and practical consequences of classifying broadband Internet connectivity as a "telecommunications service" to which all the requirements of Title II of the Communications Act would apply; and
iii) A possible "third way" under which the Commission would reaffirm that the Internet remains unregulated and Internet-based information services remain generally unregulated under Title I of the Communications Act; identify the Internet connectivity service that is offered as part of wired broadband Internet service as a telecommunications service; and forbear under Section 10 of the Act from applying all provisions of Title II other than the small number that are needed to implement fundamental universal service, competition, and consumer protection policies.

FCC Will Apply Barriers To Entry Reporting Requirements In Broadband Reclassification

With broadband reclassification now on it's June agenda, apparently the Federal Communications Commission will propose that regulation of broadband include collecting data for a report to Congress on "market entry barriers for entrepreneurs and other small businesses in the provision and ownership of telecommunications services and information services."

The section was being billed as a "civil rights" provision by minority media seeking its inclusion in the "third way," including the Minority Media & Telecommunications Council. "We are glad they are not forbearing," said David Honig, MMTC president. "But the decision on what is to be forborn or not forborn is a moving target. Even a well-intentioned administration made this mistake. What would a less well-intentioned agency do. What this teaches us is that Congress needs to step in and pass a law that spells out what the ground rules are going to be, not just on forbearance but on broadband regulation in general."

Genachowski gets 'Dingell-gram' on Broadband Reclassification

Former House Commerce Committee Chairman John Dingell (D-MI) has written Federal Communications Commission Chairman Julius Genachowski expressing "grave concern" that the proposal to reclassify broadband services under Title II regulation risks reversal by the courts, putting "at risk significant past and future investments, perhaps to the detriment of the Nation's economic recovery and continued technological leadership." Rep Dingell said he doubts the plan despite his support for network neutrality rules, which the FCC hopes to enact under the authority it would gain through its administrative maneuver.

Rep Dingell called instead for Congressional action to clarify the FCC's authority over broadband, noting an announcement this week by key Democratic chairmen that they will start this year on efforts to update the Communications Act to address new technology.

Dingell, who prides himself on the thoroughness of his "Dingell-grams" sent on issues of concern, listed five points aimed at undermining the legal basis Genachowski has used to support his plan to change the regulatory classification of broadband service.

US District Court orders Google to copy data in Wi-Fi case

The District Court in Portland (OR) has ordered Google to turn over two copies of wireless data scooped up by the company's Street View cars as they photographed neighborhoods, part of an escalating legal and public relations problem for the search engine giant. Suits have been filed in Washington (DC), California, Massachusetts and Oregon by people who accuse Google of violating their privacy because the cars also collected data from open Wi-Fi networks. Google declined to comment on the lawsuits. It opted last week to retain the data while different jurisdictions figure out what they want done with it.

CBS Affiliates to FCC: You Don't Have Authority To Remake Retransmission

On May 25 affiliate television stations of the CBS network meet with Federal Communications Commission officials to argue that the FCC lacks the authority to adopt changes proposed in a petition by Time Warner and other top cable operators, satellite and telephone companies on retransmission consent.

Those proposed changes include independent arbitration and preventing signals from being pulled during retransmission impasses. They argued the petition was meant to "thwart" a fair process that is working. They warned the FCC to look out for cable operators who might decide to drag their feet to make their point about a process they argue is broken and in need of fixing. The affiliates "noted that carriers may have an incentive as a result of the pending Petition for Rulemaking to cause an impasse with broadcasters in order to
advance their call for retransmission consent reform."

Wyden Calls For FCC Probe Of ETFs

In a letter to Federal Communications Commission Chairman Julius Genachowski, Sen Ron Wyden (D-OR) called for an investigation into early termination fees (ETFs).

An AT&T spokesman said the fees help offset the deep discounts that his company and others offer for high-end handsets such as the iPhone. He also noted that while it did boost its ETFs for some smart phones it also lowered the fees on some less-advanced phones from $175 to $150.

But Sen Wyden dismissed such claims and pointed to Verizon Wireless' response to questions posed by the FCC last year about ETFs. He noted that the fees do not seem to be linked directly to the cost of the devices. "Given Verizon Wireless' response to the FCC's 2009 inquiry regarding ETF structures for 'advanced devices,' it appears that the cost of these termination fees are based on much more than recouping the wholesale cost or retail value of the wireless device," Sen Wyden wrote, adding that Verizon's response indicate that the fees also are aimed at recouping costs and risks of providing service including advertising, commissions, store costs and network costs. He asked the FCC to examine the extent to which monthly service charges for voice and data communications are set to help pay the costs of wireless devices for all subscribers and whether any national providers have reduced their monthly fees once they have recouped the cost of a handset.

Facebook Is Also Freedom

[Commentary] Even as the privacy debate rages, it is worth remembering that Facebook -- along with other social media like Twitter, and the Internet in general -- is a huge force for good. Among other things, it's a tool for spreading information and organizing political dissent in other parts of the world. They are symbols of freedom -- and therefore targets for censorship by authoritarian governments and extremists.

Cyber chief to name admired Senate staffer to deputy post, sources say

White House Cybersecurity Coordinator Howard Schmidt is expected soon to name a professional staffer for the Senate's Select Intelligence Committee as his deputy cybersecurity coordinator.

Sameer Bhalotra sent out notes Wednesday night informing people of his move to the White House, according to sources. He has gained deep respect within the ranks of cybersecurity circles as a strong cyber adviser.

"It's a shame to see Sameer leave the Hill and SSCI, but this is a real coup for Howard Schmidt," said James Lewis, a cybersecurity expert and senior fellow at the Washington-based Center for Strategic and International Studies.

Bhalotra has been involved in classified work and has extensive knowledge of the cybersecurity budget. As the key staffer on the Select Intelligence Committee since 2007, he was responsible for the entire cybersecurity budget. He also was a member of the Commission on Cybersecurity for the 44th Presidency, an advisory group that submitted policy recommendations to the Obama administration. More important, Bhalotra is well-trusted in Congress, and sources say Republicans and Democrats are big fans. Adding him to Schmidt's team is enough reason for Congress to make the White House Network Operations Center a permanent federal office, according to Alan Paller, director of research at the SANS Institute, security training organization.

Benton

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