March 2012

FTC's Brill: 'Do Not Track' Means Do Not Collect Data

Speaking at Fordham Law School privacy conference, Federal Trade Commission member Julie Brill said, “For me, one of the most critical points is that Do Not Track is not just Do Not Target ... but also, when the consumer so chooses, Do Not Collect.”

She added that while she was pleased with the Digital Advertising Alliance's stance on browser-based do-not-track tools, she intends to "closely watch industry’s progress in creating a robust solution to effectuating consumers’ choices, including whether choices provided to consumers address the collection of their information in the first instance, and not just the receipt of targeted ads." Commissioner Brill did not elaborate on whether she envisions exceptions for analytics, fraud detection or other purposes. Commissioner Brill also questioned whether "heightened protections" for consumers are needed when companies used relatively mundane data to draw conclusions about sensitive conditions. She referenced recent newspaper articles about how Target deduced certain consumers' pregnancies, and said the practice raised concerns even if the predictions were based on "innocuous data," like the purchase of lotions and newborn-size diapers.

Random House Sharply Increases Library E-Book Prices

As promised, Random House will continue to offer its e-books to libraries but as of March 1 has raised many e-books’ wholesale prices significantly—in some cases by as much as 300 percent. The American Library Association calls the decision “deeply disappointing.”

Court Filings Suggest Google Fighting Feds Over Megaupload E-mails

A pair of cryptic court filings surfaced in Virginia this week that suggest Google is in a fight with the federal government over Megaupload, the file-sharing site that was shut down in a dramatic raid in January.

It appears that the FBI likely demanded that Google turn over Kim Dotcom’s e-mail account and any related information, and then forbid the company to notify him of the investigation. In the past, companies—notably Twitter—have been aggressive in challenging gag orders so that they can notify customers about government searches. Such notification gives subscribers the option of challenging the searches in court. The new filings are two orders in which U.S. Magistrate Judge Thomas Jones Jr. refuses to extend a gag order that the government has imposed upon Google. The gag order forbids Google from telling a subscriber that an account has been the target of a search warrant and subject to a § 2703(d) investigation—a controversial search procedure that gained attention when the Justice Department used it to obtain the Twitter accounts of people tied to WikiLeaks.

On LightSquared, Defense Department official urged synch up with GPS lobby

A Department of Defense official urged his colleagues in 2010 to "synch up" with the GPS industry in order to defeat LightSquared's plans to build the nation's first wholesale broadband network, according to an e-mail obtained by POLITICO.

The e-mail came as the Global Positioning System Industry Council was preparing to brief the National Telecommunications and Information Administration on LightSquared's proposal. "We need to synch up with them prior to them briefing NTIA to make sure we are in lock step," the DoD official wrote to colleagues in the Dec. 29, 2010 e-mail. He added: "Especially since they are our allies." LightSquared has argued that it was treated unfairly in the testing process, and the e-mail is sure to provide the company new ammunition.

A Week in Barcelona

[Commentary] The Mobile World Congress convened in Barcelona, Spain, this week. The agenda-setting event is where wireless network operators, cellphone manufacturers, content providers, advertising gurus, and Internet players gather to assess the nearly $2 trillion wireless industry. Although we like the shiny new devices launched at the event as much as anyone, we’ll focus instead on trends in the business and the changes sought in regulation of the industry.

We noted a bit of defensiveness as event kicked-off. You might find the defensiveness surprising. Here in the US, 88% of US adults are now cell phone owners and a total of 46% of all American adults are smartphone users. But most companies, the Wall Street Journal reported, would be looking to explain in Barcelona one of two things -- "why they haven't done as well as they thought, or what they will be doing differently in order to do better," said Neil Mawston, a telecom analyst at Strategy Analytics. So there was a lot of talk about revenue-building strategies, financial services in a mobile world, and how to capture more of the connected consumer's time and money.

AT&T Pushes Its Customers To Upgrade From 2G Network, Phones

AT&T wants customers using older 2G phones to upgrade.

In recent weeks, the carrier has begun sending out notices to some customers still accessing the erstwhile cellular network to swap out their devices for newer ones that can run on 3G networks. "Your current, older-model 2G phone might not be able to make or receive calls and you may experience degradation of your wireless service in certain areas," AT&T cautioned in the letter. An AT&T spokesman, Mark Siegel, said the carrier hoped to use some of the 2G spectrum for new technologies. The carrier is spending billions to build out a new, fourth-generation mobile broadband network and to bolster its 3G service with a speedier technology known as HSPA+. It is racing to keep pace with rival Verizon Wireless, which has rolled out 4G LTE to cover nearly triple the number of Americans AT&T reaches today. "We're simply urging them to upgrade to a new device if they want to," Siegel said. Siegel said the carrier sent the notices to customers in the New York metropolitan area and may send them to other customers. He noted the program was voluntary, affected a small number of subscribers and most 2G phones would continue to work.

Man Convicted for helping Thousands Steal Internet Service

A Redmond (OR) man was convicted of seven counts of wire fraud by a federal jury in Boston (MA). Ryan Harris, 26, was the owner of TCNISO, a company that distributed products enabling users to steal Internet service.

From 2003 through 2009, Harris developed and distributed hardware and software tools that allowed his customers to modify their cable modems so that they could disguise themselves as paying subscribers and obtain Internet service without paying. The products included a “packet sniffer,” which Harris dubbed “Coax Thief.” “Coax Thief” surreptitiously intercepted (or “sniffed”) Internet traffic so that the user obtained the media access control addresses and configuration files of surrounding modems. TCNISO and Harris also offered ongoing customer support, primarily through forums that it hosted on the TCNISO website, to assist customers in their cable modem hacking activities.

Political Broadcasting 2012: Things Change

[Commentary] As a result of the 2010 Census, a number of states are still dancing at the Redistricting Disco, redrawing the boundaries of their Congressional districts. In Texas, this has led to a lengthy court battle.

The latest development: a federal court in San Antonio has rescheduled the state’s primary elections, moving them back nearly two months, from April 3 to May 29, with runoff elections, if necessary, on July 31. (The elections had already been pushed back from their original date of March 6.) The court also re-opened the candidate filing window, which will now run from March 2 through March 9. The court’s decision establishes a new 45-day window (starting April 14) in which broadcasters’ lowest-unit-charge (LUC) requirements will apply, and it terminates the LUC window that had been started based on the April 3 date. So not only will broadcasters have to extend LUC rates for several weeks beyond their original expectation, but they will also have to deal with political advertising contracts entered into for the previous LUC period. And for a further potential complication, the re-opening of the candidate filing window could also change the pool of qualified candidates.

Don't underestimate cyber terrorism threat, security experts say

Concern about cyberterrorism was evident this week among security experts at the RSA security conference in San Francisco, who find that some people with extremist views have the technical knowledge that could be used to hack into systems.

Cyberterrorism does not exist currently in a serious form, but the threat shouldn't be underestimated, said F-Secure's chief research officer Mikko Hypponen. Other security experts agree. "I think it's something that we should be concerned about. I wouldn't be surprised if 2012 is the year when we start seeing more cyber terrorism," said Mike Geide, a senior security analyst at security vendor Zscaler.

AT&T's app developer billing scheme: Will app makers buy in?

AT&T's trial balloon of charging app developers for bandwidth their users consume might not stay in the air very long. The question is whether a significant number of app developers would agree to pay a premium so that consumers would be able to use their apps without fear of incurring data overage charges. AT&T’s John Donovan told the Wall Street Journal that app developers that use data-heavy services could reach a wider audience if users were able to access their applications unhindered. "Why don't we go create new revenue streams that don't exist today and find a way to split it with them," Donovan explained.

Gerald Faulhaber, a professor of business and public policy at the University of Pennsylvania's Wharton School, says AT&T's reasoning is perfectly sound and that no application developer will be forced to pay AT&T if they don't feel they their users will feel inhibited by bandwidth limits. "It seems clear that AT&T is offering this as an 800-type service that firms can buy or not buy, as they choose," he says. "If a firm wants to give customers the option of downloading an application without risk ... then this would be a good marketing tool for them. Otherwise, the firm wouldn't buy it. Lots of firms, big and small, offer their customers 800 telephone service and it is a win-win. Why not do the same on the Internet?" The big problem from AT&T's perspective is that it's unlikely to get big-time app developers to sign up for its new payment scheme if it's the only carrier to offer it.