June 2010

AT&T, Google and Visa got what could be described as unintentional, unwanted attention from Sen. Sheldon Whitehouse (D-RI) June 23 during a Senate Judiciary Committee hearing when discussion turned to the growing problem of online piracy.

Describing piracy as possibly "the biggest transfer of wealth in history," Sen Whitehouse discussed how legitimate businesses can play a role in enabling online piracy. He went on to describe how with a few clicks of a mouse one can use a search engine such as Google to help find the Web sites where illegal content can be downloaded over the networks operated by an Internet service provider like AT&T and how illegal content can be bought using payment systems provided by credit card companies such as Visa. "A lot of legitimate businesses are supporting online piracy," Sen Whitehouse said in asking a panel of private sector representatives whether they are working with these businesses to help combat IP theft.

A group of public interest groups, foreign lawmakers, academics and others released a statement June 23 outlining what they describe as numerous flaws with a draft agreement aimed at curbing counterfeiting and piracy being negotiated by the Untied States and several countries.

The groups met last week in Washington to "analyze" the public text of the Anti-Counterfeiting Trade Agreement released in April. "ACTA is the predictably deficient product of a deeply flawed process," according to the statement signed by several members of the European Parliament as well as public interest groups from around the world such as the African Commons Project, the Electronic Frontier Foundation, Electronic Frontiers Australia and Public Knowledge. "What started as a relatively simple proposal to coordinate customs enforcement has transformed into a sweeping and complex new international intellectual property and Internet regulation with grave consequences for the global economy and governments' ability to promote and protect the public interest." They outlined several problematic provisions pointing in particular to the language related to the Internet.

The House Rules Committee, which determines how a bill is voted on, is preparing to take up the Democracy is Strengthened by Casting Light on Spending in Elections (DISCLOSE) Act.

Its backers, led by Sen. Chuck Schumer (D-NY) and Rep. Chris Van Hollen (D-MD.), say the bill would repair some of what they see as the damage done to the campaign finance system by the Supreme Court's ruling in the Citizens United case. That was the decision that lifted the ban on using corporate and union treasury funds to directly fund ads promoting or opposing candidates (electioneering communications) in the run-up to elections. Among many other things, the DISCLOSE Act would require a number of financial disclosures of donor contributions, ban direct funding by corporations with government contracts worth more than $10 million; and expand the "electioneering communications" period from 60 to 120 days before an election.

The ACLU has come out against the bill. Among its concerns are that the disclosure obligations on the "functional equivalent" of electioneering communications could discourage issue advocacy and that the disclosure obligations for TV and radio ads--funders would have to appear on-air to take responsibility for the ad, as candidates do now. It also has issues with the restrictions on contractors and foreign ownership.

The bill, which has the backing of the Administration, could get a House vote as early as June 24.

Two years ago, Google launched its Free The Airwaves campaign in an effort to draw attention to the idea of using "white spaces" — tiny slivers of spectrum vacated by the switch from analog televisions to digital — for wireless broadband. But just recently, the search engine giant, along with partners, has thrown smart grid applications into this mix as the latest effort to win over hearts and minds to the elusive and much-debated white space technology. Will an application like the digital power grid help unlock the massive potential behind the unused TV broadcast channels, which could boost broadband penetration in the U.S., and particularly in crucial rural areas?