October 2010

Sorry AT&T, Title II Would Not "Require" Paid Prioritization

AT&T has raised a bit of buzz recently with claims from their policy folks that under Title II, AT&T could still do paid prioritization (aka "fast lanes," "toll lanes," or, as I like to call it in honor of the man who so clearly laid out the concept "Whitacre Tiering" -- but that one sadly never caught on). The implication of these recent statements apparently being that (a) Title II is therefore sooooooo not worth it; and, (b) the demand by whacky-crazy-socialist-radicals to prohibit paid prioritization is just more whacky-crazy-radical-socialist stuff, so pay it no mind.

Instead, let's play stupid fun lawyer games and try some legal analysis. My short answer is that while Title II would allow the FCC to permit paid prioritization, in a non-discriminatory manner, it does not compel the FCC to permit paid prioritization. Further, while Title II would not require the FCC to prohibit paid prioritization, it would give the FCC authority to prohibit paid prioritization. Indeed, I first addressed this back when FCC Chairman Julius Genachowski announced his "3rd Way" proposal. At this point, the more results oriented can skip directly to the comments to tell me how socialist stupid I am, or describe how evil AT&T is (depending on your preference).

Former FCC Chairs Martin, Powell to Genachowski: Be consistent and act

Appearing on this week's "The Communicators" on C-SPAN, former Federal Communications Commission Chairmen Kevin Martin (2005-09), Michael Powell (2001-2005) and Reed Hundt (1993-1997) talk about the current state of communications policy.

"Some of the most important advice I got as chairman was that you have to be deliberate in thinking and decision making but you have to make sure you move forward with what you thought was the right thing," Kevin Martin said. "You have to telegraph what your core principles are, what you are going to stand for and that you have to act consistent with them in a predicable way," said Michael Powell. He advised Chairman Genachowski to use his bully pulpit to influence the industry rather than implementing new regulations. And he talked about how an outdated 1996 Communications Act has in part contributed to problems currently facing Chairman Julius Genachowski. Cable, telephone, wireless and other communications mediums have been "balkanized into buckets" that predate the Internet, said Powell. Some rules fall into some of those buckets and some don't, which he said needs to be addressed by a broad re-examination of the Communications Act by Congress. That's what Genachowski has partly blamed for his own problems - with a federal court's recent interpretation that the agency overstepped its authority by sanctioning Comcast for allegedly blocking Internet traffic. In his defense, Hundt said Genachowski has succeeded in helping the nation rethink broadband policy, even amid an economic downturn.

The Internet Policy Fantasy League

The Information Technology and Innovation Foundation (ITIF) published a cute little guide with their take on who's who in Internet politics. The group names and descriptions were somewhat arbitrary and a bit silly in some cases, but that's beside the point for the moment. ITIF identifies eight teams.

The winner according to Brodsky? Team B: A large array of groups and individuals, including the Benton Foundation [hey, that's us!], Center for Democracy and Technology, Center for Digital Democracy, Civil Rights Forum on Communication Policy, Consumer Project on Technology, Electronic Privacy Information Center, Free Press, Media Access Project, and Public Knowledge, and scholars such as Columbia's Tim Wu, MIT Media Laboratory's David Reed, and most of those hanging their hats at Harvard's Berkman Center (among them Larry Lessig and Yochai Benkler). On intellectual firepower and moral dedication alone, Team B claims several advantages over the rest of the league. Furthermore, PK is proud to be included with this team. We couldn't have drafted any better. We couldn't be with a nicer, more dedicated and more astute bunch of people, all of whom are working to bring more people online, to make life online better and to make the online environment safer for everyone. Thanks, ITIF.

Los Angeles PBS affiliate KCET exits network fold to go independent

KCET, the Los Angeles PBS member station, has decided to break away from the public broadcasting network and become an independent station.

Starting in January, station officials intend to replace such iconic PBS fare as "Charlie Rose," "NewsHour," "Sesame Street" and "Masterpiece" with news and documentaries from Japan, Canada and elsewhere, along with old feature films. Without recognizable series to promote, KCET will likely find it difficult to gain traction with viewers. Moreover, the station will find it tough to produce or buy shows that generate strong ratings as program costs keep escalating. A pullout isn't good news for PBS, either, as it signals "to other PBS members that affiliation isn't that important anymore," according to Jeffrey McCall, a media expert at DePauw University. It also increases doubts about the long-term future of public broadcasting. "PBS certainly does not play the essential role it once did in the nation's media landscape," McCall said. "For years, PBS provided things that couldn't be had from the traditional networks," including public affairs and educational programs.

The Corporation for Public Broadcasting noted that KCET will operate as an educational television station, providing noncommercial, general interest programming and so will still be eligible for CPB support.

'Persistence' is the theory behind Do-Not-Track shout-out in Rush bill

"Persistence" was the word when House Consumer Protection Subcommittee Chairman Bobby Rush (Ill.) crafted a bill that would rein in how companies track consumer data online.

The idea is that Web users should not have to be extraordinarily "persistent" to keep companies from following them online, according to Timothy Robinson, Rush's counsel on the subcommittee. When they opt out, it should stick. "You make the choice, and then not too far in the future, after you've made that expression of choice, you should not have to make it again," Robinson said. A lack of "persistence" in opt-out technologies "just like inattention to privacy generally, can end up disempowering consumers and may even further erode consumer trust." That could even discourage consumers from certain online activities, according to Robinson. "Persistence is a really big issue," Robinson said.

Comcast: We Don't Sell Info Collected On Comcast.net

Comcast says it clearly explains its online data collection to users of Comcast.net, that those practices comply with "all applicable laws," and adds that it does not sell user data collected on the site.

That was in response to questions from Reps. Joe Barton (R-Tex.) and Ed Markey (D-Mass.) released Friday. The legislators are co-chairs of the Bi-Partisan Privacy Caucus, who had asked for info from companies on their online tracking technologies. The letters bore August dates but were just made public Oct 8. Comcast said that it gave users "choice and control over when and how their personal information may be used," which it said was a mix of opt-in and opt-out techniques. It also said it only shared information with third parties that provide services on Comcast.net. The site provides a variety of "causal services" like gaming and online dating, as well as search, news and entertainment content, e-mail and voicemail. Comcast also said it limits that sharing to only information necessary to provide those services. The company said it discloses which third parties it uses for advertising services and links to the relevant policies and opt-out pages for those parties.

Locke Meets With Silicon Valley CEOs

Secretary of Commerce Gary Locke met with a raft of Silicon Valley executives in Northern California Oct 8 to discuss steps the Administration has taken to grow the economy and create jobs.

Sec Lock and the business leaders will also talk about the innovation economy, cyber security issues, and the national export initiative, according to a department spokesperson. "This is also an opportunity for the business community to bring to the table their ideas on strengthening the economy and job creation," the spokesperson added. The meeting was closed press.

Students dependent on technology -- for better or worse

Technology has become so entwined with college students' often frantic lives that most in a new survey of student technology use say they'd be more frazzled without it.

Yet the Associated Press-mtvU poll, released Oct. 7 , also found that being perpetually connected comes at a cost. While 57 percent of students said life without computers and cell phones would make them more stressed, a significant number -- 25 percent -- said it would be a relief. A big majority feel pressured to instantly answer texts or voice mail messages, most get nervous if someone doesn't immediately reply to a message, and nearly half worry whether messages they get are jokes. "If you're without it, you're disconnected," Megan Earley, 20, a junior at Mount St. Mary's University in Emmitsburg, Md., said of technology. "You feel like it's a lifeline." The AP-mtvU poll of student technology use found that 9 in 10 had been on a social networking site like Facebook in the past week. About the same number routinely text to arrange meetings with friends, and two-thirds relax by watching movies or TV shows online.

Survey: Enthusiasm for Cyber-Security High, Preparation Lacking

To develop a vaccine, researchers must first study those afflicted with a virus. Cyber-security works in similar fashion. To develop methods of prevention, the experiences of those who have been attacked are invaluable. That was at least partly the goal Symantec had in mind when the company conducted research for its Symantec 2010 Critical Infrastructure Protection Study, a survey of 1,580 enterprises from around the globe and across multiple industries. The results were published online this month.

The research data showed:

  • Eighty percent of companies believe that cyber-attacks have stayed constant or have increased over time, and 48 percent expect attacks over the next year.
  • Past attacks have cost each company an average of $850,000 over the last five years.
  • Only one-third of companies consider themselves extremely prepared for attacks.

State Department supports boosting women's cell phone access in developing nations

Secretary of State Hillary Clinton launched a program on Oct 7 that aims to convince more women in developing nations to use mobile phones, a practice that directly affects economic success and increases social interactions.

Worldwide, women are 21 percent less likely than men to own a mobile phone, according to a report released by Global System for Mobile Communications Association, a London-based group that represents worldwide mobile communications companies, and the Cherie Blair Foundation for Women, which promotes entrepreneurship among women in developing countries. Women without mobile phones do not have the economic and social benefits, such as finding markets for their goods and ensuring their personal safety, that typically are associated with cell phone ownership. Cell phones also have helped illiterate woman learn numbers and letters.