August 2011

ICANN responds to ANA criticism

The Internet Corporation for Assigned Names and Numbers answered criticism from the Association of National Advertisers, saying that its new top-level domain program adequately protects trademarks and prevents fraud.

The ANA sent a letter to ICANN on Aug. 4, saying that the program was harmful to intellectual property holders because the wide range of new TLDs would force them to buy their brands and invest in several domain names. The association also raised questions about whether ICANN followed its own procedures before approving the program in June. In the reply letter, ICANN President and CEO Rod Beckstrom said that the ANA’s assertions “are either incorrect or problematic in several respects.” Beckstrom included documentation of collaboration ICANN had with stakeholders regarding the new program, including responses it has issued to the ANA in the past.

Samsung Galaxy Tab 10.1 imports banned in most of Europe

Samsung’s sleek entry into the tablet market, the Galaxy Tab 10.1, has been banned for import in most of Europe after a ruling from a German judge. A judge granted Apple a preliminary injunction against Samsung, banning the import of the tablet in Europe, excluding the Netherlands. Apple has said that the Galaxy line of products “slavishly copies” the iPad and iPhone. The order is a blow to Samsung, which says it received no notice of the order before it was handed down.

Bono Mack wants cyberattack briefing

Rep Mary Bono Mack (R-CA) -- Chairman of the House Commerce Committee's Subcommittee on Commerce, Manufacturing and Trade -- requested a briefing from security firm McAfee about a massive cyberattack the firm identified last week.

In a letter to Dmitri Alperovitch, McAfee’s vice president of threat research, Rep Bono Mack asked a series of questions, including if the government and private sector can effectively prevent similar attacks and whether public disclosure would help or harm industry efforts to combat cybercrime. According to McAfee, the attack focused on intellectual property and national secrets. Rep Bono Mack asked McAfee whether hackers consider intellectual property and national security information a greater target than personal consumer information. She also asked McAfee to clarify whether the attack affected any consumer information.

Australian National Broadband Company shifts sign-ups to net retailers

Australia's National Broadband Network Company (NBN Co) will no longer seek a property owner's consent before installing a fiber-optic connection -- a cumbersome process that was blamed for low connection rates in test sites. Instead, it will rely on Internet companies to sign up households and business as they compete for customers on the new network.

Property owners implicitly agree to a connection by requesting services delivered over the super-fast broadband network. However, tenants in rental properties will still need to get the property owners' consent for a fibre-optic connection, or risk being left without fixed telecommunications services, the Victorian tenants union warns. The change comes after NBN Co -- the government company building a new fibre-optic fixed network to replace the ageing copper telephone network -- completed trial roll-outs in five mainland test sites. NBN Co did not have retail partners when the trials started and had to gain a property owner's written consent before installing fibre connections.

Senate Judiciary Committee
September 7, 2011
10 am
http://judiciary.senate.gov/hearings/hearing.cfm?id=3d9031b47812de2592c3...

Witness List

James A. Baker, Esq.
Associate Deputy Attorney General
U.S. Department of Justice
Washington, DC

Pablo A. Martinez,
Deputy Special Agent in Charge
Criminal Investigative Division
U.S. Secret Service
Washington, DC



August 10, 2011 (FCC Adopts Wireless Backhaul Reform)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY, AUGUST 10, 2011

** Planning a communications-related course for 2011? See http://benton.org/headlines_in_the_classroom to learn how Headlines might help. **


WIRELESS/SPECTRUM
   FCC Adopts Wireless Backhaul Reform - press release
   FCC Proposes Streamlining Review Process for Foreign Ownership in U.S. Companies Holding Wireless Licenses - press release
   FCC: No timetable for LightSquared review
   AT&T Bid for T-Mobile Faces California Review
   Apple Complaint Against HTC Over Flyer Tablet PC to Get U.S. Trade Review
   Consumers Don't Trust Google or Apple With Mobile Payments
   Capped data plan got you down? There’s an app for that [links to web]

LABOR
   The Numbers Behind Verizon's High-Wire Act With Strikers - analysis
   New York Democrats siding with unions in Verizon contract battle
   Verizon seeks injunctions against strikers
   Verizon, Unions Back At Bargaining Table On Day Three Of Strike
   Groupon, Twitter, other tech firms grapple with hypergrowth [links to web]

INTERNET/BROADBAND
   Measuring Broadband Use and Adoption is the Next Frontier in Internet Data Collection - op-ed
   Senator: ISPs hijacking searches is a violation of trust

CONTENT
   Search and e-mail still top the list of most popular online activities - research
   Tribune’s Reported Android Tablet Plan A Head-Scratcher [links to web]
   T-Mobile’s New Pitch: Renting Android Tablets at Baseball Games [links to web]
   'Playboy Club': Gloria Steinem Advocates Boycott of NBC Series
   Google Lost U.S. Search Share to Yahoo in July [links to web]

JOURNALISM
   Malay Payola?
   The future of news? Four different sources weigh in - analysis

GOVERNMENT & COMMUNICATIONS
   OMB Signals Continuity During CIO Transition
   GAO: State leaving security holes unplugged
   Legal Considerations in e-Rulemaking - public notice

HEALTH
   Survey reveals docs' perceptions of EHRs as potential buyers, users

ELECTIONS & MEDIA
   Serving Shareholders and Democracy - editorial

STORIES FROM ABROAD
   In Turkey, Proposed Internet Filters Stir Protests
   On Its Own, Europe Backs Web Privacy Fights
   Legal battles in secret world of set-top boxes

MORE ONLINE
   Affluents Adopting Technology Infused Lifestyles [links to web]
   Media Stocks Soar as Dow Pulls Out of Death Spiral [links to web]
   Pay-TV Subscriber Losses Felt at Cablevision, Dish [links to web]

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WIRELESS/SPECTRUM

WIRELESS BACKHAUL
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
The Federal Communications Commission made available new spectrum, covering almost two-thirds of the U.S. landmass, for wireless backhaul as part of the FCC’s
Broadband Acceleration Initiative and its spectrum and regulatory reform agendas.
Building on recommendations in the FCC’s National Broadband Plan, these actions will speed the rollout of fourth-generation (4G) broadband networks, accelerate the role of expanded wireless broadband communications in national economic revitalization and job creation, and bring new broadband services to rural areas where microwave is often the only feasible backhaul option. By removing outdated regulatory restrictions, the FCC is also continuing its regulatory reform agenda, which has resulted in the elimination of more than 50 unneeded regulations and efforts to eliminate dozens of unnecessary data collections.
Microwave, or wireless backhaul, facilities are an essential component of many broadband networks, particularly mobile wireless networks, and are often used for the transmission of data between cell sites, or between cell sites and network backbones. Service providers’ use of microwave links as a cost-effective alternative to traditional copper circuits and fiber optic links has increased by approximately 50 percent in recent years.
As the National Broadband Plan had highlighted, removing regulatory barriers to effective spectrum use can result in the unleashing of additional spectrum and drive the national economy. Since wireless backhaul is a critical part of addressing skyrocketing demands for spectrum, making this new spectrum available today is critical to innovation, our economic future, and job creation.
The Report and Order permits fixed microwave operation in several spectrum bands previously reserved for specialized microwave services. The Commission also updates its rules to permit microwave licensees to use adaptive modulation, which will allow them to take advantage of the latest technology to maintain the reliability of critical links. In addition, the Commission provides broadcasters with increased flexibility to use fixed microwave links more freely, by eliminating the outdated “final link” rule.
The Further Notice of Proposed Rulemaking seeks comment on additional proposals for making microwave communications more flexible and cost-effective.
benton.org/node/86088 | Federal Communications Commission | Chairman Genachowski | Commissioner Copps | Commissioner McDowell | Commissioner Clyburn | B&C
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FOREIGN OWNERSHIP AND WIRELESS
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
As part of its ongoing regulatory reform efforts, the Federal Communications Commission adopted a Notice of Proposed Rulemaking (NPRM) to reduce regulatory burdens and streamline the foreign ownership review process for U.S. companies with common carrier radio licenses (e.g., wireless phone companies) and certain aeronautical radio licenses. The proposals would ensure that the FCC continues to receive the information it needs to serve the public interest while reducing the number of required filings by more than 70%.
Section 310(b)(4) of the Communications Act establishes a 25 percent benchmark for foreign investment in U.S. companies that directly or indirectly control a U.S. broadcast, common carrier, or aeronautical radio station licensee. It also grants the FCC discretion to allow higher levels of foreign ownership unless such ownership is inconsistent with the public interest.
Based on the FCC’s extensive experience with foreign ownership reviews over the past several years, the NPRM seeks comment on proposed measures to revise and simplify the process for reviewing requests for higher levels of foreign ownership in wireless common carrier and aeronautical licensees, and spectrum lessees. The proposed changes would provide greater transparency and more predictability as to what information the Commission needs to carry out its statutory duties under the Act, and would reduce costs for U.S. wireless carriers seeking approval of foreign ownership above the 25 percent benchmark.
benton.org/node/86080 | Federal Communications Commission | FCC blog | read the NPRM
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NO LIGHTSQUARED TIMETABLE
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
Federal Communications Commission officials said at a briefing for reporters that they cannot guarantee a review of wireless venture LightSquared will be completed by September. LightSquared has previously said they expect to receive FCC approval by mid-September to launch their mobile broadband network. But FCC officials said they are not using any timetable for completing their analysis, and insist they never told LightSquared the review would be completed by then. FCC officials said that while the upper portion of LightSquared's spectrum clearly causes problems for GPS devices, more analysis is needed on the lower portion of LightSquared's spectrum.
benton.org/node/86084 | Hill, The
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AT&T UNDER CALIFORNIA SCRUTINY
[SOURCE: Bloomberg, AUTHOR: Olga Kharif]
AT&T, looking to win approval for its proposed $39 billion acquisition of T-Mobile, is facing a challenge in California where regulators have raised questions about the deal’s effect on consumers and corporate customers. The state’s Public Utilities Commission has held seven public discussions of the bid, under the oversight of Commissioner Catherine Sandoval. She’s delving into how a merger would affect rural communities, corporations and the evolution of wireless technologies. Through her scrutiny, the 50-year-old antitrust law professor and Rhodes Scholar may help determine whether AT&T’s bid succeeds or fails. “This is pretty unheard of,” Brian O’Hara, a legislative director at the National Association of Regulatory Utility Commissioners, said in an interview. “California’s seems to be the most in-depth review. It’s amazing to me that the PUC is doing so much.” Sandoval’s review may come at a high cost for AT&T. If the commission decides the deal would hurt consumers, California could force AT&T to divest wireless assets in certain regions or guarantee service coverage and cheaper service for the poor, said Courtney Munroe, a group vice president at IDC. With the pressure from California and other regulators, AT&T may have to divest 30 percent to 40 percent of T-Mobile USA’s spectrum and subscribers nationwide, Michael Nelson, an analyst with Mizuho Securities USA, said.
benton.org/node/86112 | Bloomberg
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APPLE VS HTC
[SOURCE: Bloomberg, AUTHOR: Susan Decker]
Apple’s patent-infringement complaint against HTC Corp. will be reviewed by a U.S. trade agency that has the power to block imports of the Taiwanese company’s phones and new Flyer tablet computers. The International Trade Commission said it will investigate Apple’s accusations that HTC infringed five patents related to software architecture and user interfaces in portable electronic devices, hardware for touch screens and movement sensors.
benton.org/node/86082 | Bloomberg
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MOBILE PAYMENT VENDORS
[SOURCE: AdAge, AUTHOR: Kunur Patel]
When we think "mobile payments," a slew of tech brands fly to mind: Google's new Wallet app, the upcoming iPhone's rumored payment-enabling chips and Twitter co-founder Jack Dorsey's highly-touted and well-funded Square, to name a few. But ask consumers who they trust to handle mobile payments, and the answer is pretty clear: the same brands they currently trust with payments today -- namely credit-card companies such as Visa, American Express and Mastercard, according to a study by Ogilvy & Mather. That means incumbents have a big advantage as the fight for the mobile wallet heats up, even as giants with great consumer brands such as Apple, Google and eBay get into the market.
benton.org/node/86079 | AdAge
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LABOR

NUMBERS BEHIND STRIKE
[SOURCE: Wall Street Journal, AUTHOR: Martin Peers]
Verizon's management has little choice but to take a hard line with 45,000 striking workers. Despite the health of Verizon's wireless business, cutting costs and improving profits from its landline business remain crucial. Most of Verizon's consolidated debt -- $40.4 billion out of $47.7 billion at June 30, net of cash -- is at either the parent company or the fully owned wireline business. And thanks to steadily falling landline subscribers, wireline's earnings before interest, taxes, depreciation and amortization dropped to $9.2 billion in 2010 from $14 billion in 2006. Wireline's ebitda declines may reverse in coming years, if Verizon's newly rebuilt network offering services like TV keeps attracting new subscribers. But other headwinds loom. As Sanford C. Bernstein has noted, the federal government's bonus depreciation tax break is due to phase out over the next couple of years. This break has kept Verizon's taxes low: Verizon's reported tax expense in 2010 was $2.5 billion, but filings show it only paid $430 million. Assuming the break doesn't get extended, Moody's estimates Verizon's cash taxes will rise to as high as $2 billion next year and to between $4 billion and $6 billion in 2013.
benton.org/node/86098 | Wall Street Journal
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DEMS BACK WORKERS
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
Several House Democrats from New York have sent letters to Verizon siding with the company’s unionized workers in the negotiations over a new contract. Communications Workers of America President Larry Cohen wrote to every member of Congress on August 9, claiming Verizon is looking for $1 billion in concessions from its organized employees and refusing to budge from its demands.
“It has come to our attention that many of the contract changes that Verizon has proposed may potentially undermine the financial security of CWA and the International Brotherhood of Electrical Workers (IBEW) employees,” Reps. Tim Bishop and Steve Israel wrote on Aug. 3, before the strike began. “We are specifically troubled by the proposal to eliminate limits on low-wage contracting and overseas outsourcing. Now more than ever, we need businesses that are willing to invest in keeping skilled workers on our shores and willing to negotiate with those workers in good faith for the benefit of the employees, the company and the U.S. economy."
“From what I have been told, the company’s proposals could reduce the standard of living of thousands of middle-class employees who live in New York State and potentially lead to the elimination of thousands of those jobs,” wrote Rep Edolphus Towns (D-NY) on July 29. “While I am well aware of the changes that have taken place in the telecommunications industry, the need to preserve a robust landline network maintained and service by skilled technicians remains the same."
Other New York Democrats backing the workers’ position include Reps. Louise Slaughter and Maurice Hinchey, whose spokesman called for Verizon “to act responsibly and take care of their employees.”
benton.org/node/86096 | Hill, The
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VERIZON SEEKS INJUNCTION
[SOURCE: Reuters, AUTHOR: Tom Hals, Sinead Carew]
Verizon Communications has sought court injunctions to prevent striking workers from blocking access to the company's facilities, a spokesman said on the third day of a strike involving almost half of the company's wireline employees. Two unions representing 45,000 workers called a strike after a labor contract expired and several weeks of talks for a new contract failed. Verizon has sought injunctions to prevent "illegal" and "reprehensible" strike activities such as keeping managers out of buildings, according to company spokesman Rich Young. Verizon got an injunction in Pennsylvania and filed for one in Delaware, according to Young, who said the company would seek injunctions in any state where strikers block buildings. While the company said it is holding high-level talks with union representatives, the injunctions are the latest sign of increasingly hostile relations outside the negotiating room. The CWA has accused Verizon managers of injuring picketers.
benton.org/node/86075 | Reuters
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VERIZON STRIKE, DAY 3
[SOURCE: Multichannel News, AUTHOR: Todd Spangler]
Verizon Communications executives were scheduled to continue talks August 9 with officials of two unions representing 45,000 workers, who are now in the third day of their walkout. The telco's management met Aug 8 with leaders of the Communications Workers of America and the International Brotherhood of Electrical Workers at the Hilton Westchester hotel in Rye Brook (NY). "We spent the entire day discussing all the issues that are on the New York/New England table and the Mid-Atlantic table," the CWA and IBEW said in a joint update issued at 1 a.m. Aug 9. "The Union is trying to limit the issues at both of these tables by convincing the company to withdraw many of their retrogressive demands. We recessed at 11:30 PM and we are scheduled to reconvene in the morning." The two sides held "high-level discussions" Aug 8, Verizon spokesman Rich Young said. "We'll continue talking as long as the unions are willing to negotiate with an open mind."
benton.org/node/86073 | Multichannel News
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INTERNET/BROADBAND

MEASURING USE AND ADOPTION IS NEXT FRONTIER
[SOURCE: BroadbandBreakfast.com, AUTHOR: Drew Clark]
[Commentary] It’s very easy to take broadband for granted. People want to go online to look up answers on Wikipedia, to watch movies on Netflix, to hang out on Facebook, or to Skype cousins across the globe — or across town. None of this can be done without broadband. Higher and higher speeds of Internet connectivity are necessary to satisfy everyone’s demand to do all of these things at once. That’s where the Partnership for a Connected Illinois comes into play. We are a resource and a key piece in the puzzle about how the broadband landscape in Illinois is changing for the better. We work with broadband providers of all stripes – fiber, cable, copper and wireless – to help raise awareness of the fact that Better Broadband leads to Better Lives. We work with State entities like Gov. Pat Quinn’s Broadband Deployment Council, and with local governments and “anchor institutions” that are crucial hubs in connecting up to Internet spokes. And we work with consumers. These include everyday residents of rural Illinois, of Chicago, and of everything in between. Equally important are the business customers. Powered by broadband in Illinois, these business customers need better broadband to stoke job creation and economic growth. [Clark is Executive Director of the Partnership for a Connected Illinois]
benton.org/node/86077 | BroadbandBreakfast.com
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ISP HIJACKING
[SOURCE: New Scientist, AUTHOR: Jim Giles]
A group of US technology companies may face federal and congressional action after they were revealed to have been hijacking and redirecting search queries destined for Google, Bing and Yahoo. The group, which includes more than 10 Internet service providers (ISPs) with several million customers between them, were intercepting searches for brand-name companies and products. Rather than returning search results, the ISPs sent customers to retail websites. When users searched for "motorola", for example, they were sent to an online store run by the electronic manufacturer of the same name. The redirect took place via an online marketing network, which may have been paying the ISPs a commission. The technology behind the process appears to have been supplied by Paxfire, an advertising technology company based in Sterling, Virginia. Both Paxfire and the ISPs could be summoned before the Senate Subcommittee on the Privacy, Technology and the Law, says Sen Richard Blumenthal (D-CT). Sen Blumenthal says he will discuss the possibility with Sen Al Franken (D-MN), who heads the committee.
benton.org/node/86101 | New Scientist
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CONTENT

SEARCH, E-MAIL STILL POPULAR
[SOURCE: Pew Research Center's Internet & American Life Project, AUTHOR: Kristen Purcell]
Search and email remain the two online activities that are nearly universal among adult Internet users, as 92% of online adults use search engines to find information on the Web, and a similar number (92%) use email. Since the Pew Internet Project began measuring adults’ online activities in the last decade, these two behaviors have consistently ranked as the most popular, even as new platforms, broadband and mobile devices continue to reshape the way Americans use the Internet and web. Even as early as 2002, more than eight in ten online adults were using search engines, and more than nine in ten online adults were e-mailing. Perhaps the most significant change over that time is that both activities have become more habitual. Today, roughly six in ten online adults engage in each of these activities on a typical day; in 2002, 49% of online adults used email each day, while just 29% used a search engine daily.
benton.org/node/86056 | Pew Research Center's Internet & American Life Project
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STEINEM HOPES FOR NBC SERIES BOYCOTT
[SOURCE: Hollywood Reporter, AUTHOR: Sofia Fernandez]
Women's rights leader Gloria Steinem will not be tuning into NBC's Playboy Club when it premieres in September. Steinem once worked undercover at the New York City nightclub to report on conditions at the club, and told Reuters she doubts the drama will depict the scene realistically. Her essay on the club, "I Was a Playboy Bunny," depicts a workplace where its employees were regularly harassed and mistreated. She went on to say she hopes there's a viewer backlash about the subject, "I expect that The Playboy Club will be a net minus and I hope people boycott it. It's just not telling the truth about the era. It normalizes a passive dominant idea of gender. So it normalizes prostitution and male dominance. I just know that over the years, women have called me and told me horror stories of what they experienced at the Playboy Club and at the Playboy Mansion."
benton.org/node/86102 | Hollywood Reporter | Reuters
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JOURNALISM

MALAY PAYOLA?
[SOURCE: Politico, AUTHOR: Ben Smith]
[Commentary] A firm called FBC -- short for FactBased Communications -- is simultaneously taking government contracts for public relations work and producing content for the BBC, CNBC and CNN. That content included softball interviews with clients like the leaders of Malaysia, whose records might have drawn harder coverage. BBC and CNBC dropped the contract after a blog that focuses on the region started asking questions. CNN, for now, is standing by a host who may still own part of FBC.
benton.org/node/86067 | Politico
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THE FUTURE OF NEWS?
[SOURCE: Knight Foundation, AUTHOR: Eric Newton]
It is no secret that the news industry is struggling in the midst of our digital revolution. But what exactly is happening? How are these changes affecting our communities? And what should be done to make sure that people are getting the information they need? This summer, four different reports that address these questions have been released (a fifth, by the New America Foundation, will be out shortly). These reports come from different sources—a British weekly news magazine, the U.S. government, an educational institution, and a non-profit—so they bring different perspectives and ideas to the table. But many themes, like the need for innovation and collaboration, recur. While these reports vary widely, taken together, a bigger picture starts to emerge. Yes, traditional media is undergoing major upheaval, and not every news organization is going to survive—in fact, many have already folded. But the same digital technologies that are disrupting the industry also provide incredible opportunities for reinvention and ingenuity. The solutions proposed in the reports above—collaboration, improved journalism education, digitization, and increased participation from non-profits—offer opportunities for the journalists who are willing to be flexible and iterate alongside the revolution.
benton.org/node/86064 | Knight Foundation
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GOVERNMENT & COMMUNICATIONS

CIO CONTINUITY
[SOURCE: nextgov, AUTHOR: Joseph Marks]
Don't expect major changes in the government's IT shop when Vivek Kundra, the nation's first official chief information officer, steps aside for his successor Steven VanRoekel. Both men stressed that no major policy shifts were in the offing in a meeting with reporters last week and federal Chief Performance Officer Jeffrey Zients, who oversees the CIO's office, joined the chorus, saying the transition was not about "radical changes," but about "continued execution and getting proven results." As the transition approaches, the full machinery of the Office of Management and Budget chimed in with a memo from OMB Director Jack Lew to all agency heads describing the future role of the agency CIO. The contents of the memo itself are decidedly unexceptional -- essentially echoing a planned evolution in the job's responsibilities from policymaking to IT portfolio management outlined nine months ago in Kundra's 25 Point Implementation Plan to Reform Federal IT, the master document of his tenure, and in statements the outgoing CIO has made ever since. The document's intent and timing, though, seem clear: this is not the time to re-think Kundra's IT reform plan but to double down on carrying it out.
benton.org/node/86070 | nextgov | Federal Times
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STATE NETWORK SECURITY
[SOURCE: Federal New Radio, AUTHOR: Ruben Gomez]
Government watchdogs have found holes in a project designed to plug vulnerabilities in computer networks and systems at the State Department, according to the Government Accountability Office (GAO). The program, called iPost, was created to provide continuous monitoring of information security risks within the department's IT infrastructure, GAO said. "But it does not provide a complete view of" those risks. State officials use iPost risk scores to identify and prioritize vulnerability mitigation.
GAO noted progress in iPost implementation but flagged shortfalls. The system:
Addresses Windows hosts but not other IT assets on its major unclassified network.
Covers a set of 10 scoring components that includes many, but not all, information system controls that are intended to reduce risk.
Assigns a score for each identified security weakness, although State could not demonstrate the extent to which scores are based on risk factors such as threat, impact, or likelihood of occurrence that are specific to its computing environment."
GAO recommended State "(1) implement procedures to consistently notify senior managers at sites with low security grades of the need for corrective actions, in accordance with department criteria, and (2) develop, document, and implement a continuous monitoring strategy."
benton.org/node/86059 | Federal New Radio | GAO | nextgov
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ACUS RECOMMENDATIONS
[SOURCE: Administrative Conference of the United States, AUTHOR: Paul Verkuil]
The Administrative Conference of the United States adopted four recommendations at its Fifty-fourth Plenary Session. Electronic rulemaking and video hearings are addressed by one recommendation each.
Recommendation 2011–1 "Legal Considerations in e-Rulemaking" recommends that agencies:
consider using content analysis software to reduce the need for agency staff to spend time reading identical or nearly identical comments,
provide timely, online access to all studies and reports upon which they rely,
implement appropriate procedures for the handling of confidential, trade secret, or other protected information,
consider the potential need to revise Privacy Act notices and recordkeeping schedules to accommodate e-Rulemaking, and
replace paper files with electronic records in the rulemaking docket and in the record for appellate review.
Recommendation 2011–4 ‘‘Agency Use of Video Hearings: Best Practices and Possibilities for Expansion," encourages agencies, especially those with a high volume of cases, to consider the use of video teleconferencing technology for hearings and other administrative proceedings. The recommendation sets forth factors agencies should consider when deciding whether to use video teleconferencing and best practices for the implementation of this technology.
Nextgov reports the recommendations say Federal agencies should make more of an effort to post translations of proposed new regulations on their websites for non-English speakers -- provide text-only versions of the proposals to make them more accessible to citizens with low-bandwidth Internet and more compatible with software that translates Web pages into audio for the blind.
benton.org/node/86058 | Administrative Conference of the United States
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HEALTH

PERCEPTIONS OF EHRs
[SOURCE: HealthcareITNews, AUTHOR: Molly Merrill]
Meaningful use remains the strongest driver to implement electronic health records for physicians, according to a new survey that finds both potential EHR buyers and current users valuing the technology, but with substantially different perceptions and expectations.
Sage Healthcare Division, a developer of electronic health records for medical practices across North America, worked with Forester to conduct a survey among physicians nationwide in an effort to examine perceptions and determine attitudes toward these systems. The sample included both physicians using EHR and those in the market for the technology. The purpose of this study was to gain a better understanding of potential cost savings, benefits of these systems to small and mid-sized practices and to find any intangibles of using EHRs, such as physicians providing care from multiple locations or helping physicians have more time away from the office because of increased mobility and connectivity. The survey findings indicated that meaningful use incentives are still one of the strongest drivers for most physicians (64 percent) to implement EHR technology, but for 32 percent of those who are in the market for EHRs, insufficient capital is still a key challenge to the switch. The survey found that EHR users said they measure their success through reporting and tracking healthcare outcomes (64 percent) and error reduction (62 percent), but those who have yet to purchase EHR responded they would measure EHR success through increased revenue (74 percent) followed by reporting and tracking healthcare outcomes (60 percent). Also, current EHR users are more aware of additional benefits than those who haven’t implemented the technology yet and expected achievements with EHR are stronger for those who have already purchased the solution.
benton.org/node/86062 | HealthcareITNews
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ELECTIONS & MEDIA

SHAREHOLDERS AND DEMOCRACY
[SOURCE: New York Times, AUTHOR: Editorial staff]
[Commentary] American elections have since been flooded with corporate money. And the court’s reasoning is proving to be wrong: Shareholders of most American companies can't determine whether corporate campaign spending is in their best interest because they haven't been told how the companies are spending in political races. A way to expose some of these contributions to public scrutiny: the Securities and Exchange Commission could pass a rule demanding more disclosure of political expenditures to shareholders. Last week, a group of legal scholars sent a petition to the SEC urging it to craft rules requiring companies to disclose to shareholders how they use corporate resources for political activities. Shareholders clearly want to know. The SEC should move swiftly to craft such a rule. It has the authority to demand increased corporate disclosure — as it did in the 1990s in tightening rules on the disclosure of executive pay. A uniform rule of disclosure of political contributions in corporate proxy statements once a year or through some other means would help shareholders assess the profitability of a company’s political activities and protect democracy from the flood of money unleashed by the Citizens United decision.
benton.org/node/86108 | New York Times
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STORIES FROM ABROAD

INTERNET FILTERS IN TURKEY
[SOURCE: National Public Radio, AUTHOR: Peter Kenyon]
Faced with criticism at home and abroad, Turkey has decided to delay new Internet restrictions that were due to take effect this month. The government also has reduced the number of filters, which it says will target adult content. Critics call the filters another blow to freedom of expression. Scores of Turkish journalists are already in jail, and thousands more are under investigation. The issue is clouding Turkey's reputation as a model for the region. For months now, Turks have been protesting the government's plan to force Internet users to choose from among a list of filtering packages designed to block certain unspecified websites. Some of the largest demonstrations were held in May.
benton.org/node/86061 | National Public Radio
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EUROPE FIGHTS PRIVACY BATTLE
[SOURCE: New York Times, AUTHOR: Suzanne Daley]
Spain’s government is now championing the “right to be forgotten” on the Web. It has ordered Google to stop indexing information about 90 citizens who filed formal complaints with its Data Protection Agency. The case is now in court and being watched closely across Europe for how it might affect the control citizens will have over information they posted, or which was posted about them, on the Web. Whatever the ruling in the Spanish case, the European Union is also expected to weigh in with new “right to be forgotten” regulations this fall. Viviane Reding, the European Union’s justice commissioner, has offered few details of what she has in mind. But she has made clear she is determined to give privacy watchdogs greater power. “I cannot accept that individuals have no say over their data once it has been launched into cyberspace,” she said last month. She said she had heard the argument that more control was impossible, and that Europeans should “get over it.” But, Ms. Reding said, “I don't agree.” On this issue, experts say, Europe and the United States have largely parted company.
benton.org/node/86110 | New York Times
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SET-TOP BOX SECURITY
[SOURCE: Financial Times, AUTHOR: Kara Scannell, Andrew Edgecliffe-Johnson]
Before a phone-hacking scandal forced Rupert Murdoch to close the News of the World or his News America Marketing division was accused of hacking into computers at Floorgraphics, a US rival, another News Corp offshoot faced allegations that it had hacked into competitors’ security systems, costing them more than $2 billion. Lawsuits since 2002 from several pay-TV groups claimed that NDS, a digital technology company that was at the time about 80 per cent owned by News Corp, cracked the codes of rivals’ smartcards that are used to secure pay-TV set-top boxes, then released them to pirates, who flooded the market with counterfeit cards. The lawsuits were filed by Canal Plus Technologies, a division of the French pay-TV operator Canal Plus, Echostar and DirecTV in the US and Sogecable, the Spanish pay-TV company.
benton.org/node/86106 | Financial Times | FT - News America Marketing
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AT&T Bid for T-Mobile Faces California Review

AT&T, looking to win approval for its proposed $39 billion acquisition of T-Mobile, is facing a challenge in California where regulators have raised questions about the deal’s effect on consumers and corporate customers.

The state’s Public Utilities Commission has held seven public discussions of the bid, under the oversight of Commissioner Catherine Sandoval. She’s delving into how a merger would affect rural communities, corporations and the evolution of wireless technologies. Through her scrutiny, the 50-year-old antitrust law professor and Rhodes Scholar may help determine whether AT&T’s bid succeeds or fails.

“This is pretty unheard of,” Brian O’Hara, a legislative director at the National Association of Regulatory Utility Commissioners, said in an interview. “California’s seems to be the most in-depth review. It’s amazing to me that the PUC is doing so much.”

Sandoval’s review may come at a high cost for AT&T. If the commission decides the deal would hurt consumers, California could force AT&T to divest wireless assets in certain regions or guarantee service coverage and cheaper service for the poor, said Courtney Munroe, a group vice president at IDC.

With the pressure from California and other regulators, AT&T may have to divest 30 percent to 40 percent of T-Mobile USA’s spectrum and subscribers nationwide, Michael Nelson, an analyst with Mizuho Securities USA, said.

On Its Own, Europe Backs Web Privacy Fights

Spain’s government is now championing the “right to be forgotten” on the Web. It has ordered Google to stop indexing information about 90 citizens who filed formal complaints with its Data Protection Agency.

The case is now in court and being watched closely across Europe for how it might affect the control citizens will have over information they posted, or which was posted about them, on the Web. Whatever the ruling in the Spanish case, the European Union is also expected to weigh in with new “right to be forgotten” regulations this fall. Viviane Reding, the European Union’s justice commissioner, has offered few details of what she has in mind. But she has made clear she is determined to give privacy watchdogs greater power. “I cannot accept that individuals have no say over their data once it has been launched into cyberspace,” she said last month. She said she had heard the argument that more control was impossible, and that Europeans should “get over it.” But, Ms. Reding said, “I don't agree.” On this issue, experts say, Europe and the United States have largely parted company.

Serving Shareholders and Democracy

[Commentary] American elections have since been flooded with corporate money. And the court’s reasoning is proving to be wrong: Shareholders of most American companies can't determine whether corporate campaign spending is in their best interest because they haven't been told how the companies are spending in political races.

A way to expose some of these contributions to public scrutiny: the Securities and Exchange Commission could pass a rule demanding more disclosure of political expenditures to shareholders. Last week, a group of legal scholars sent a petition to the SEC urging it to craft rules requiring companies to disclose to shareholders how they use corporate resources for political activities. Shareholders clearly want to know. The SEC should move swiftly to craft such a rule. It has the authority to demand increased corporate disclosure — as it did in the 1990s in tightening rules on the disclosure of executive pay. A uniform rule of disclosure of political contributions in corporate proxy statements once a year or through some other means would help shareholders assess the profitability of a company’s political activities and protect democracy from the flood of money unleashed by the Citizens United decision.