May 2011

Free Press, Free Speech Meet Internet Censorship As Media Moves Online

Governments worldwide are developing new tools to censor reporters as the media increasingly moves online, the Committee to Protect Journalists said. Sixty-nine journalists whose work appears mostly online were jailed as of Dec. 1, representing almost half of all reporters imprisoned worldwide. The press advocacy group said the sophisticated censorship techniques are often coupled with physical intimidation of online journalists. The committee looked at 10 common strategies that governments are using to suppress information. Those tools include state-supported email designed to take over journalists' personal computers in China, the shutting down of anti-censorship technology in Iran, monopolistic control of the Internet in Ethiopia, and synchronized cyber-attacks in Belarus.

FCC to Collect $335+ Million in FY2011 Regulatory Fees

The Federal Communications Commission is proposing to collect $335,794,000 in regulatory fees for Fiscal Year 2011.

These regulatory fees are mandated by Congress and are collected to recover the regulatory costs associated with the FCC’s enforcement, policy and rulemaking, user information, and international activities. The annual regulatory fee amount to be collected is established each year in the FCC’s Annual Appropriations Act which is adopted by Congress and signed by the President and which funds the FCC. In this annual regulatory fee proceeding, the FCC retains many of the established methods, policies, and procedures for collecting Section 9 regulatory fees adopted by the FCC in prior years. Consistent with established practice, the FCC intends to collect these regulatory fees during a September 2011 filing window in order to collect the required amount by the end of its fiscal year.

Comments are due on May 24; reply comments are due June 1, 2011.

US Trade Representative Releases Annual "Special 301" report

The US Trade Representative released its annual "Special 301" report naming and shaming countries with IP policies the US doesn't like. The report contains a "Watch List" and a smaller "Priority Watch List" -- and Canada is once again on the Priority Watch List along with China, Russia, and India. Turkmenistan, Uzbekistan, Vietnam, Egypt, Bolivia, Brunei, Romania, Spain, even Mexico -- Canada is worse then all of them. Why? Canada hasn't yet passed a major copyright overhaul. USTR announced a new program this year under which it "invites any trading partner appearing on the Special 301 Priority Watch List or Watch List to negotiate a mutually agreed action plan designed to lead to that trading partner’s removal from the relevant list." The US wants a worldwide crackdown on things like "unauthorized retransmission of live sports telecasts over the Internet," "linking sites," and "piracy using mobile telephones, tablets, flash drives, and other mobile technologies."

Rashmi Rangnath, Public Knowledge staff attorney and director of PK’s Global Knowledge Initiative, said:
“We are disappointed with the latest Section 301 report. The U.S. Trade Representative declined generally to adopt our recommendations that the policy prescriptions be more specific and that countries not be required through the Special 301 process to implement agreements and treaties with which they disagree, such as World Intellectual Property Organization (WIPO) copyright treaty and the Anti-Counterfeiting Trade Agreement (ACTA). We are also skeptical about the proposal for the ‘mutually agreed upon solution’ for intellectual property enforcement with other countries to be taken off of the watch list. The question is how much pressure would be brought to bear on countries to agree to such a solution. We don't know what the process was before nor much about how it would work under this new procedure.”

Sprint Takes Aim at AT&T-Mobile In West Virginia PUC

Sprint is taking its opposition to the AT&T/T-Mobile deal to the state public utility commissions. Sprint submitted a formal request of the West Virginia state PUC to investigate the proposed $39 billion deal, saying it would adversely impact West Virginians because it would raise prices, restrict innovation and limit choice. It would also increase the footprint of one of Sprint's key competitors in the wireless space. "By eliminating the fourth largest national competitor, AT&T would foreclose the prospect of an innovative, value-oriented competitor providing service throughout West Virginia," Sprint said in its request.

How online education could stop the higher-ed bubble from bursting

Low-cost online courses could help higher education from becoming the next economic bubble that bursts and inflicts fiscal pain on institutions, investors, and students, said educational technology experts who want more inexpensive options for those seeking a college degree.

Economists and financial analysts first warned about the growing higher-education bubble in 2009. The bubble, they said, is fed by rising tuition, increasing enrollments, and crushing school debt that often can't be paid by recent graduates who can't find a good-paying job in a down economy.

And just as Americans were urged to invest in tech companies before the dot-com crash of 2000, or to buy property while housing prices skyrocketed in the mid-2000s, Americans are encouraged today – by everyone from family members to lawmakers – to sign up for college classes, even if it requires massive loans.

Why Microsoft and Research In Motion Are New BFFs

An unlikely speaker took the stage May 3 at Research In Motion’sBlackBerry World event in the form of Microsoft CEO Steve Ballmer.

Following news and demonstrations of the latest BlackBerry Bold handsets, Ballmer was introduced and shared details on a new partnership between Microsoft and RIM. Bing will now be integrated into the BlackBerry operating system as the default engine for maps and search. Can you say BingBerry? This strategy illustrates that the mobile market is entering a bit of a new phase that focuses on feature consolidation and “co-opetition.” From 2007 until recently, smartphone maturity centered around new platforms, user interfaces and the emergence of the mobile app economy. Apps will continue to see growth as 44 billion mobile app downloads are expected by 2016, and that economy is helping to drive which smartphones consumers are choosing. Hardware specifications and features are still important, but so too are platform usability and what apps are available. Both Microsoft and RIM are making strides in this area, but they’re still taking a back seat to the app stores for iOS and Android devices. Because of Apple’s and Google’s first mover advantage , I think we'll see more loose alliances between the rest of the pack. After all, the concept that “the enemy of my enemy can be my friend” is a powerful tool when you’re outnumbered and running low on ammo.

FCC, FDA pave the way for wireless medical devices

The Food and Drug Administration and the Federal Communications Commission are working together and separately to bring forward innovative wireless technologies and devices for health care faster. Both agencies aim to engage with innovators earlier and more often to streamline the process of licensing a product or bringing it to market.

One of the goals for both agencies is making sure that the proliferation of wireless devices that will be integrated in hospital work can operate together and with other equipment, such as an infusion pump next to the patient, and not interfere with each other’s activities and data transmissions. FCC is close to finalizing rules it proposed last year to expand its radio spectrum service to promote cutting-edge research for the development of wireless devices, said Kerry McDermott, FCC director of health care. FCC is focusing on wireless test beds, in which qualified organizations may conduct a range of research without having to ask permission every time they want to do something different. A test case for that are medical body area networks, which include wearable or implantable sensors that read key patient information like temperature, pulse or blood pressure, and rely on short range signals like Bluetooth technology, she said. The sensors will wirelessly transmit the data back to a hub where it is processed or displayed.

How Does Capitol Hill Consume Media?

[Commentary] The Emerging Media Research Council conducted a series of in-depth interviews with Capitol Hill staffers finding:

  • Growing adoption and use: Congressional staff reported increasing use of digital tools, both personally and for their offices. Twitter and Facebook experienced the most growth.
  • Traditional media remains powerful: Traditional news outlets and traditional platforms (such as newspapers and television) remain vital for offices' communications efforts and for staff personal news consumption.
  • Two-way conversation is limited: Most staffers we interviewed were hesitant to use social platforms for two-way conversation with constituents. Most staff said they valued these tools primarily for messaging "out" to the constituents.
  • Digital media is widely used as a "thermometer": Staffers consistently praised the value of social platforms and digital tools for "checking the pulse" of key political or policy issues, and for testing the efficacy of new communications language.
  • Online advocacy campaigns have limited penetration to congressional offices: Despite increasing use of digital media by advocacy groups, most staffers said their office had never heard from such a group online.
  • Congressional staff are the digital drivers: Though many members of Congress are interested in digital media, the interviews strongly suggested that communications staff are the key actors in the future of Congress' online presence.

Agency Records May Rot on Disks, Archivist Says

A current law that gives federal agencies 30 years to turn over all the records that must be permanently retained by the National Archives is a recipe for lost documents and a spotty historical record, the government's chief archivist told lawmakers. That 30-year window may have been appropriate in a paper era when the only danger to documents came from floods and fires. But in an electronic age, any method of record storage is likely to be obsolete by the time the National Archives gets hold of the records stored on it, Archivist David Ferriero told members of the House Oversight and Government Reform Committee. Ferreiro said only about half a dozen agencies now voluntarily turn over their records early. He recommended a president's time in office, either a single or a double term, as a reasonable lag time for records to be turned over.

Committee Chairman Darrell Issa (R-CA) stressed that he remains concerned that White House officials’ personal emails, text messages, Facebook posts and tweets are not being archived in the spirit of federal law. Chairman Issa stressed that the law does not sufficiently address official correspondence sent through private digital channels — including employees’ personal email, Facebook and Twitter accounts. Chairman Issa grilled Brook Colangelo, chief information officer at the White House Office of Administration, on the fact the White House necessarily "wouldn't be able to catch" a staffer who was "communicating freely" using his or her private email account over the AT&T or Verizon network. Messages sent over those two services, for example, are not automatically logged by the administration.

Viacom Takes A Final Shot At YouTube

What is likely to be final set of briefs in the Viacom-YouTube appeal has been filed, and the argument is becoming more focused.

The case comes down to what kind of copyright-policing system we want. Should it be one where copyright owners need to send notices with specific URLs, or one where Internet companies must take additional actions, including installing software filters? There aren't a whole lot of new arguments in these briefs, which represent a sort of parting shot by Viacom and the class-action plaintiffs who are suing YouTube over the same allegations. But two main arguments made by Viacom here are worth noting -- and both have serious problems. Viacom says that YouTube should have taken additional measures to protect copyright, including the installation of a software filter.