June 2010

June 28, 2010 (Presidential memo aims to free more spectrum for broadband)

Sen Byrd Dies at 92

BENTON'S COMMUNICATIONS-RELATED HEADLINES for MONDAY, JUNE 28, 2010

Although everyone is looking to slip away for the holiday break, there's still a lot going on this week. http://bit.ly/9BDZIG


INTERNET/BROADBAND
   Presidential memo aims to free more spectrum for broadband
   Overcoming Comcast and Paving the Way for Universal Service Reform
   Hill telecom talks consider targeted broadband bill
   You Don't Want ISPs to Innovate
   Reps Doyle and Shimkus on Broadband and Comcast
   Leichtman: Majority of consumers happy with broadband speeds
   UK regulator: network neutrality rules bad for consumers

CYBERSECURITY
   The National Strategy for Trusted Identities in Cyberspace

GOVERNMENT & COMMUNICATIONS
   McChrystal violated not just protocol but Obama tenets on media management
   OMB Issues Federal 'Cookies' Guidelines
   Please also see: New Federal Web 2.0 Rules Lack Full Privacy Protections
   Do Apps for Democracy and Other Contests Create Sustainable Applications?

MORE NEWS FROM THE FCC
   FCC Local Telephone Competition Report Includes VoIP Data for First Time
   FCC Responds to Congressional Data Roaming Concerns
   Genachowski Answers Baca's Questions
   Genachowski Answers Baca's Questions
   McDowell: FCC Should "Think Twice" Before Wading into Retransmission Debate

HEALTH
   ONC plans governance rule to expand nationwide health information network participants
   Minding the public's health IT

STORIES FROM ABROAD
This headline is presented in partnership with:

   Pakistan Dials Its Islamic Net Censorship Up to 11, Shutters Yahoo and Bing
   Germany says Apple must improve data transparency
   Australia to release 126 MHz of digital dividend
   Virgin Media talks up 400Mbps broadband
   Chinese Language Top-Level Domains Win ICANN Approval

MORE ONLINE
   Heedlessly Hijacking Content
   Fallout After a Blogger's Private Comments Are Aired
   Online Bullies Pull Schools Into the Fray
   'Togetherville' founder calls growth of kids' networking site 'phenomenal'
   Facebook's Beacon Settlement Appealed By Privacy Advocate
   Privacy concerns challenge smart grid rollout
   Monster, Governments Target Job Opportunities for Displaced Workers
   BillShrink: AT&T's new data plans will create new class of smartphone user
   Where old iPhones go to die

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INTERNET/BROADBAND

PRESIDENTIAL MEMO ON FREEING UP SPECTRUM
[SOURCE: New York Times, AUTHOR: Edward Wyatt]
The Obama administration is seeking to nearly double the wireless communications spectrum available for commercial use over the next 10 years, an effort that could greatly enhance the ability of consumers to send and receive video and data with smartphones and other hand-held devices. President Obama will sign a presidential memorandum on Monday that aims to make available for auction some 500 megahertz of spectrum that is now controlled by the federal government and private companies. Most of that would be designated for commercial use in mobile broadband and similar applications, though aspects of the plan will require Congressional approval. The effort embraces recommendations made by the Federal Communications Commission in its National Broadband Plan, which was released in March and encourages the expansion of high-speed wireless broadband services. But some aspects could be opposed by television broadcast companies, which will be asked if they want to give up some of their spectrum for auction. Cable companies that have invested heavily in wired telecommunications networks could also lose from the new direction.
benton.org/node/37308 | New York Times | Bloomberg
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OVERCOMING THE COMCAST VS FCC DECISION
[SOURCE: Benton Foundation, AUTHOR: Amina Fazlullah, Alexandra Wood]
Last week, the Senate Commerce Committee held a hearing focused on the important task of modernizing the Universal Service Fund. During statements and questioning many senators and FCC Commissioners raised concern about the Federal Communications Commission's current authority over broadband and what that lack of authority may mean for improvements to the Universal Service Fund. On June 17th 2010, the FCC opened a proceeding seeking public input on the hotly-debated "Third Way" proposal to regulate high-speed Internet connections, broadband, as a telecommunications service. The proceeding, called a Notice of Inquiry (NOI), directly addresses the recent court decision in Comcast v. FCC that called into question the FCC's legal rationale and ability to enforce a significant number of its Internet-related rules. As a consequence, the FCC's ability to implement the National Broadband Plan and Universal Service reform is now in the balance.
http://www.benton.org/node/37271
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HILL TALKS ON BROADBAND BILL
[SOURCE: The Hill, AUTHOR: Sara Jerome]
Over 30 statkeholders met on overhauling communications law and discussed whether there is room for targeted legislation to clarify broadband regulatory questions. The verdict: a bill is a long way off. The parties discussed what powers the Federal Communications Commission has over broadband service providers and whether it has enough authority to implement the National Broadband Plan, its strategy for expanding Internet access, according to sources in the meeting. The participants also looked at what characteristics a possible net neutrality rule might have if targeted legislation were to be shaped, they said, but the usual disagreements on this remained intact. Follow-up meetings are planned throughout July.
benton.org/node/37283 | Hill, The | The Hill -- attendee list
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ISPs AND INNOVATION
[SOURCE: Wired, AUTHOR: Ryan Singel]
[Commentary] You don't want your Internet service provider to innovate. At least not in the way, they want to "innovate." The net has seen an explosion of cool services in the last decade — Google created a search engine that works, Facebook created a social network that helps people stay more connected, webmail became a viable replacement for desktop software, you can collaborate online through wikis and online word processors, and everyone in the world can now have their own online printing press, thanks to blogging software. YouTube became the world's online video repository, while Netflix and Hulu are demonstrating the future of online video rentals, and sites like Wikipedia, Yelp and IMDB put encyclopedias of knowledge at the disposal of anyone with a net connection and a bit of curiosity. Where are the major players in the U.S. broadband industry in all of this innovation? Basically, nowhere. The U.S. is 26th in the world in terms of online access. The industry's investment in deployment of fiber optics — the transport medium of the future — is laughable. Instead, they are jealous of online services that make money from ads. ISPs would love to find a way to be paid for both sides of their networks -- from their users and from online services. And they want to get paid from the packets flowing inside their networks, too. It's time to put the FCC sideshow aside and put the focus where it ought to be -- on why the nation's telecoms are putting Wall Street ahead of American citizens and a truly modern infrastructure.
benton.org/node/37282 | Wired
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DOYLE AND SHIMKUS ON RECLASSIFICATION
[SOURCE: Multichannel News, AUTHOR: Mike Reynolds]
Reps Mike Doyle (D-PA) and John Shimkus (R-IL) appear on C-SPAN's The Communicators on June 26. Speaking about plans to reclassify broadband, Rep Doyle said he didn't think there would be enough time for Congress to clarify the Federal Communications Commission's broadband authority this year, and that the commission needed to go ahead and do it itself. "I fear the clock is running out on us this year," he said, "which is why we think it is important in that vacuum that the FCC has to take some action." He also said he was one of those who believed the FCC already has the flexibility under the Telecommunications Act of 1996 to reclassify without any assistance from Congress. Rep Shimkus took the other side of the Title II debate. He said it was a way for the FCC to move on its network neutrality agenda, an agenda being pushed by "major interests on the West Coast that help support the Democratic party, and so that is why they are moving on this agenda." When asked to identify those political interests, Rep Shimkus replied: "You know who they are. Our friends at Google are one of the major focuses, and they have their interests and I support the rights of people to collectively organize to air their grievances and get the government changes, so I am not disputing their right to do that. They have supporters and allies and that is what this is about."
Rep Doyle believes the Comcast/NBCU deal will be approved, pointing to deals Comcast struck with affiliates this week as bringing the joint venture "one step closer." But he suggested the next negotiations will include small cable operators that have registered concerns about the deal's impact: "I think there are still some other negotiations that are going to take place between small cable and other stakeholders, and I think eventually it will be approved. I think that will be a good thing once all the safeguards are put in place."
Rep Doyle also said that targeted telecommunications legislation is unlikely to emerge this year -- but if it does, House Communications Subcommittee Chairman Rick Boucher (D-VA) would champion it.
benton.org/node/37279 | Multichannel News | TechDailyDose
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CONSUMERS OK WITH BROADBAND SPEEDS
[SOURCE: Connected Planet, AUTHOR: Dan O'Shea]
According to a new report from Leichtman Research Group, broadband speed is not a pressing issue for many consumers. Leichtman found that about 71% of U.S. respondents were "very satisfied" with their current residential broadband Internet service, having rated satisfaction 8-10 on a 10-point scale. Only about 3% ranked themselves as "not satisfied," rating satisfaction 1-3. 77% of broadband subscribers admitted to not knowing their home download speeds and 66% of survey respondents rated their connection speeds in the 8-10 range, with just 6% grading their speeds at the bottom level. 44% of respondents said they are "not very interested" in receiving faster broadband speeds at home, although 26% said they would be "very interested." Leichtman found that only 3% of the households surveyed didn't have broadband available to them at all, while a smaller group -- 1.4% -- actually wanted broadband but don't have availability in their area. Another 1% said cost was the main reason they haven't subscribed to broadband service. That would seem to suggest that lack of availability is not as pervasive a problem as it has been perceived. Meanwhile, lack of service provider choice may be a bigger issue -- about 17% of broadband subscribers said that there is not another high-speed Internet provider in their area, other than the one they have.
benton.org/node/37281 | Connected Planet
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OFCOM REVIEWING NETWORK NEUTRALITY
[SOURCE: ars technica, AUTHOR: Matthew Lasar]
Ofcom, Britain's telecommunications regulator, says its "preliminary view" is that "there is currently insufficient evidence to justify regulation to prohibit certain forms of traffic management." In other words, Ofcom sees no need for open Internet rules, given the agency's view that nothing has happened in United Kingdom cyberspace to merit them. The "consultation," as Ofcom calls its new discussion piece, notes "the absence of complaints or concrete examples of discrimination" presented to the agency so far. But what caught our eye about the piece—the equivalent of a Notice of Inquiry launched by our Federal Communications Commission—is its theory of Internet economics. The report plays down worries about the prospect of ISPs charging content and applications providers for access to Internet subscribers, or seeing this as a form of potential discrimination.
benton.org/node/37280 | Ars Technica
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CYBERSECURITY

TRUSTED IDENTITIES IN CYBERSPACE
[SOURCE: The White House, AUTHOR: Howard Schmidt]
The White House released a first draft of the National Strategy for Trusted Identities in Cyberspace (NSTIC). The NSTIC, which is in response to one of the near term action items in the President's Cyberspace Policy Review, calls for the creation of an online environment, or an Identity Ecosystem as we refer to it in the strategy, where individuals and organizations can complete online transactions with confidence, trusting the identities of each other and the identities of the infrastructure that the transaction runs on. For example, no longer should individuals have to remember an ever-expanding and potentially insecure list of usernames and passwords to login into various online services. Through the strategy we seek to enable a future where individuals can voluntarily choose to obtain a secure, interoperable, and privacy-enhancing credential (e.g., a smart identity card, a digital certificate on their cell phone, etc) from a variety of service providers ­ both public and private ­ to authenticate themselves online for different types of transactions (e.g., online banking, accessing electronic health records, sending email, etc.). Another key concept in the strategy is that the Identity Ecosystem is user-centric ­ that means you, as a user, will be able to have more control of the private information you use to authenticate yourself on-line, and generally will not have to reveal more than is necessary to do so.
benton.org/node/37284 | White House, The | read the draft | Fact Sheet
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GOVERNMENT & COMMUNICATIONS

OBAMA MEDIA MANAGEMENT
[SOURCE: Washington Post, AUTHOR: Jason Horowitz]
For a cerebral president intent on projecting a united front of seriousness to the public, the story couldn't have been further off message. The general leading the grim war in Afghanistan presented himself not as a hardened warrior-scholar but as the military's most decorated consumer of Bud Light Lime. When Gen. Stanley A. McChrystal opened his inner sanctum to a Rolling Stone reporter, he violated more than just the military chain of command. The general broke core tenets of President Obama's code of conduct: When it comes to the media, keep your guard up, your mouth shut and control of the situation. Instead, McChrystal and his merry band of Team America comrades sank their ship with astonishingly loose lips, revealed that the "lively debate" in the administration's foreign policy upper echelon may be a euphemism for jagged division and showed that high rank may be evidence of valor but not worldliness.
benton.org/node/37306 | Washington Post
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GOVERNMENT COOKIES
[SOURCE: CongressDaily, AUTHOR: Chris Strohm]
The White House Office of Management and Budget issued new policies June 25 governing how agencies can interact with the public online and collect information from visitors to their Websites with so-called "cookie" files and other technologies. The new guidelines specify that agencies must ensure that third party sites and applications meet federal standards for privacy protections. The rules also set parameters for collecting personally identifiable information about online users, using social media sites like Facebook and Twitter, and participating in webinars or virtual town halls meetings. Personal information only can be gathered about visitors to federal sites if those parties have actively "opted in" to the data collection. Agencies are prohibited from tracking a user's online activity on non-government Websites
benton.org/node/37277 | CongressDaily
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APPS FOR DEMOCRACY
[SOURCE: Government Technology, AUTHOR: Russell Nichols]
In the weeks following innovation contests, software developers attain almost celebrity status - at least on a local level. For that brief time, the winners of apps competitions step away from their computer screens to schmooze with mayors and pose for pictures. They field questions about how their winning Web-based apps will change the way citizens use government data. But this isn't a story about how to make an award-winning application. This is about the aftermath of innovation contests. In other words, what happens to these winning apps when the press stops calling and the cameras stop flashing? "Just because it wins doesn't mean the jurisdiction actually gets to use it," said Chris Vein, CIO of San Francisco, which held an innovation contest last fall. "The issue becomes whether the city can actually procure it. We're trying to figure out ways to address that."
benton.org/node/37298 | Government Technology
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MORE NEWS FROM THE FCC

FCC RELEASES NEW LOCAL TELEPHONE COMPETITION DATA
[SOURCE: Federal Communications Commission, AUTHOR: ]
The Federal Communications Commission released its local telephone competition report including, for the first time, comprehensive information about subscribership to interconnected Voice over Internet Protocol (VoIP) service. Interconnected VoIP service represents an important and rapidly growing part of the U.S. voice service market and the new data will provide the Commission with a comprehensive picture of that market going forward. Interconnected VoIP service enables voice communications over a broadband connection and allows users both to receive calls from, and place calls to, the public switched telephone network, like traditional phone service. Providers of the service include companies like Vonage as well as cable and telephone companies that own their own networks. Report highlights include:
At year-end 2008, there were 141 million traditional switched access lines in service and 21 million interconnected VoIP subscriptions in the United States, or about 162 million wireline retail local telephone service connections in total. Of these, 97 million were residential connections and 65 million were business connections.
Of the 162 million total connections, 48% were residential switched access lines, 39% were business switched access lines, 12% were residential VoIP subscriptions, and 1% were business VoIP subscriptions.
Of the 162 million total connections, 45% were residential lines and 28% were business lines owned by incumbent local exchange carriers (ILECs), while 15% provided non-ILEC residential service, and 12% provided non-ILEC business service.
Of the 97 million wireline residential connections, 74.5% were ILEC switched access lines, 19.5% were non-ILEC interconnected VoIP subscriptions, 5.8% were non-ILEC switched access lines, and 0.3% were ILEC interconnected VoIP subscriptions.
Of the 65 million wireline business connections, 70.1% were ILEC switched access lines, 26.8% were non-ILEC switched access lines, 2.7% were non-ILEC interconnected VoIP subscriptions, and 0.4% were ILEC interconnected VoIP subscriptions.
benton.org/node/37299 | Federal Communications Commission | read the report
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Sen Byrd Dies at 92

Robert Carlyle Byrd, the longest-serving member of Congress in United States history, who spent much of his career as a conservative Democrat and ended it by fiercely opposing the war in Iraq and questioning the state's powerful coal industry, died Monday. He was 92.

Sen Byrd was perhaps best known for the way he funneled dozens of projects and millions of federal dollars to his home state, West Virginia. He earned the sobriquet "the Prince of Pork" from some taxpayer groups -- they meant it as an insult, but Byrd wore it as a badge of honor. Byrd ran for state and national office 15 times and never lost. Once elected to the U.S. Senate in 1958, he steadily advanced through the ranks. He was named majority whip in 1971 and majority leader in 1975. Democrats became the minority party in the Senate in 1981, but Byrd remained their leader until they regained control of the Senate in 1987. In 1989, he was elected president pro tempore of the Senate -- a largely ceremonial post -- and named chairman of the Appropriations Committee. It was there that he began funneling federal projects and money to West Virginia in earnest.

Presidential memo aims to free more spectrum for broadband

The Obama administration is seeking to nearly double the wireless communications spectrum available for commercial use over the next 10 years, an effort that could greatly enhance the ability of consumers to send and receive video and data with smartphones and other hand-held devices. President Obama will sign a presidential memorandum on Monday that aims to make available for auction some 500 megahertz of spectrum that is now controlled by the federal government and private companies.

Most of that would be designated for commercial use in mobile broadband and similar applications, though aspects of the plan will require Congressional approval. The effort embraces recommendations made by the Federal Communications Commission in its National Broadband Plan, which was released in March and encourages the expansion of high-speed wireless broadband services. But some aspects could be opposed by television broadcast companies, which will be asked if they want to give up some of their spectrum for auction. Cable companies that have invested heavily in wired telecommunications networks could also lose from the new direction.

Heedlessly Hijacking Content

[Commentary] Last Monday, the word got out that Rolling Stone had a stunning piece about General McChrystal, in which he and his aides were critical of the White House. It's the kind of scoop that thrills magazine editors, and no doubt they couldn't wait to get their issue on the stands. The problem was, nobody else could wait either.

On Tuesday morning, a PDF of the piece the magazine had lovingly commissioned, edited, fact-checked, printed and distributed, was posted in its entirety on not one but two Web sites, for everyone to read without giving Rolling Stone a dime. It was a clear violation of copyright and professional practice, and it amounted to taking money out of a competitor's pocket. What crafty guerrilla site or bottom-feeder would do such a thing? Turns out it was Time and Politico, both well-financed, reputable news media organizations, that blithely stepped over the line and took what was not theirs. Both companies said that a frenzy involving a significant national issue was under way and that because Rolling Stone itself did not post the article on its site, they took matters into their own hands. Each said that when Rolling Stone protested, it was taken down, and that when the magazine put up the piece at 11 a.m. on Tuesday, their sites linked to that instead.

McChrystal violated not just protocol but Obama tenets on media management

For a cerebral president intent on projecting a united front of seriousness to the public, the story couldn't have been further off message.

The general leading the grim war in Afghanistan presented himself not as a hardened warrior-scholar but as the military's most decorated consumer of Bud Light Lime. When Gen. Stanley A. McChrystal opened his inner sanctum to a Rolling Stone reporter, he violated more than just the military chain of command. The general broke core tenets of President Obama's code of conduct: When it comes to the media, keep your guard up, your mouth shut and control of the situation. Instead, McChrystal and his merry band of Team America comrades sank their ship with astonishingly loose lips, revealed that the "lively debate" in the administration's foreign policy upper echelon may be a euphemism for jagged division and showed that high rank may be evidence of valor but not worldliness.

Fallout After a Blogger's Private Comments Are Aired

Journalists, like all people, have opinions. Should those privately held opinions preclude them from writing?

That age-old debate was reignited, with a twist, last week when the blogger David Weigel resigned from The Washington Post after he made disparaging comments about conservatives on a private e-mail list called Journolist. The twist was that Mr. Weigel was hired three months ago, in part, to have opinions. As a blogger covering the Republican Party and the Tea Party movement, he was given more latitude than traditional newspaper reporters to write with a point of view and reach conclusions.

The case bewildered many people in the clubby world of Washington journalism, and reaffirmed the belief that mainline news organizations are still struggling to adapt to the Web, where opinions are less likely to be scrubbed from a person's writing.

Online Bullies Pull Schools Into the Fray

Schools these days are confronted with complex questions on whether and how to deal with cyberbullying, an imprecise label for online activities ranging from barrages of teasing texts to sexually harassing group sites.

The extent of the phenomenon is hard to quantify. But one 2010 study by the Cyberbullying Research Center, an organization founded by two criminologists who defined bullying as "willful and repeated harm" inflicted through phones and computers, said one in five middle-school students had been affected. Affronted by cyberspace's escalation of adolescent viciousness, many parents are looking to schools for justice, protection, even revenge. But many educators feel unprepared or unwilling to be prosecutors and judges. Often, school district discipline codes say little about educators' authority over student cellphones, home computers and off-campus speech. Reluctant to assert an authority they are not sure they have, educators can appear indifferent to parents frantic with worry, alarmed by recent adolescent suicides linked to bullying. Whether resolving such conflicts should be the responsibility of the family, the police or the schools remains an open question, evolving along with definitions of cyberbullying itself. Nonetheless, administrators who decide they should help their cornered students often face daunting pragmatic and legal constraints.

'Togetherville' founder calls growth of kids' networking site 'phenomenal'

[Commentary] A look at Togetherville.

Togetherville's pitch is that it creates a social network that gives parents a strong measure of control in shaping their kids' online activities. Only parents and legal guardians can approve the addition of friends, and the content, such as YouTube videos, requires approval. (Togetherville's board of advisers includes Anne Collier, co-founder of ConnectSafely.org and Ann McCormick, founder of The Learning Company.)

A reviewer on Common Sense Media, a site that invites parental reviews credited Togetherville for "super-safe posts that use scripted phrases, and the ability to socialize with known friends — without stranger-danger and inappropriate posts." But, she added: "On the downside, Togetherville trains kids in the use of social networking, a habit which may not be something parents feel they need to nurture."

Togetherville is counting on its social networking and security aspects to give it an edge in a competitive environment that includes such popular websites as Neopets and Disney's Club Penguin. Another newcomer offering social networking aspects is Tiny Planets, based on an animated television series by the same name. Tiny Planets, which has offices in London and Palo Alto and touts the appeal of "an imaginary space-themed experience," also has aspects of social networking. Meanwhile, the child-security sector is also growing: SafetyWeb, a Colorado startup service that markets itself as an "online guardian angel" to help parents monitor their child's activity on the Web, recently secured second round of funding for $8 million.

Overcoming Comcast and Paving the Way for Universal Service Reform

Last week, the Senate Commerce Committee held a hearing focused on the important task of modernizing the Universal Service Fund. During statements and questioning many senators and FCC Commissioners raised concern about the Federal Communications Commission's current authority over broadband and what that lack of authority may mean for improvements to the Universal Service Fund. On June 17th 2010, the FCC opened a proceeding seeking public input on the hotly-debated "Third Way" proposal to regulate high-speed Internet connections, broadband, as a telecommunications service. The proceeding, called a Notice of Inquiry (NOI), directly addresses the recent court decision in Comcast v. FCC that called into question the FCC's legal rationale and ability to enforce a significant number of its Internet-related rules. As a consequence, the FCC's ability to implement the National Broadband Plan and Universal Service reform is now in the balance.

Germany says Apple must improve data transparency

Sabine Leutheusser-Schnarrenberger, Germany's justice minister said Apple must "immediately make clear" what data it collects from users of its products and for what purposes.

The minister's criticism was aimed at changes Apple has made in its privacy policy whereby the company can collect data on the geographic location of the users of its products -- albeit anonymously. Leutheusser-Schnarrenberger said she expected Apple to "open its databases to German data protection authorities" and clarify what data it was collecting and how long it was saving the data.