November 2010

Technology licensing firm Wi-Lan Inc said it has initiated a patent infringement litigation against Comcast, Time Warner Cable, and Charter Communications in a US federal court.

The Canadian company alleged that the three US companies continued to infringe its patent by offering to sell, operate, advertise and market cable systems and cable modems. The case is filed in the U.S. District Court for the Eastern District of Texas. The company, which said its litigation expenses rose to C$7.0 million in the third quarter from C$4.3 million a year ago while announcing its third-quarter results, is also tied in other patent infringement cases against various other companies.

This report outlines the legal case for the Federal Communications Commission to restore its authority over broadband by reclassifying it under Title II of the Communications Act.

The paper argues that this is the most reasonable and legally sound way for the FCC to move forward in the wake of the Comcast v. FCC case, in which the U.S. Court of Appeals for the D.C. Circuit cast doubt upon the FCC's authority over broadband under Title I of the Communications Act. The paper questions claims that the agency could restore its authority under Title I. It also argues that waiting for congressional action would cause the United States to fall further behind the rest of the world in broadband quality and adoption. Unless it reclassifies broadband, the FCC's ability to extend broadband access to rural and low-income communities, to protect the Internet from phone and cable companies seeking to construct toll roads online, and to ensure that the United States remains at the forefront of technology and innovation is in jeopardy. If the Commission proceeds under Title I, its authority to achieve these goals will be challenged in court under a legal framework that has already been questioned.

The Commerce Department's work on consumer privacy protection in the international arena reflect "indifference and neglect," according to a new report released by the World Privacy Forum.

Through examining an agreement with Europe to protect personal data, known as the "Safe Harbor Framework", the study found that consumer protection has not been a significant concern or priority for the Commerce Department. Moreover, "The Department's history with the Safe Harbor program also indicates a lack of rigor regarding enforcement and compliance in the privacy programs it already administers," said Pam Dixon, executive director of the World Privacy Forum. Established in 2003 and led by Dixon, the World Privacy Forum is a nonprofit focused on conducting research and analysis about privacy issues.

The study consistently showed "that many and perhaps most Safe Harbor participants are not in compliance with their obligations under the Safe Harbor Framework."

The World Privacy Forum expressed concerned that given the Commerce Department's past performance, it won't effectively protect consumers in the future as the issue gains importance and prominence.

Tension rose over the privatization of the nation's planned 43 billion Australian dollar (US$42 billion) national high-speed Internet network, as a Senate debate on competition legislation began. Australia's center-left Labor government said it remains "firmly committed" to privatizing the fiber broadband network once it is completed.

The statement followed news from the Greens party Monday that it reached a deal with the government to support laws designed to curb the ability of dominant provider Telstra Corp. to compete with the national network. The Greens support came in exchange for a promise that NBN Co., the newly formed state-owned network operator, won't be privatized without parliamentary approval. That raised questions about how the government would recoup some A$26 billion in taxpayer funds expected to be used to build the network, which is designed to deliver high-speed communications to 93% of Australian homes. Communications Minister Stephen Conroy said the government will still sell its stake in NBN, subject to market conditions but that Canberra is "mindful" of lessons learned in the privatization of Telstra. That process, overseen by the then-conservative government, created a telecommunications juggernaut against which other companies struggled to compete. The government wants to dodge the pitfalls of the Telstra privatization, "including avoiding higher prices in regional Australia," he said. Any NBN sale will be subject to parliamentary approval and an inquiry by the country's productivity watchdog.