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When the mobile operator EE started selling the first high-speed LTE wireless broadband service in Britain last autumn, it offered only packages with strict monthly limits on downloading data, effectively tying the volume of Web surfing to the price. But whether EE, a joint venture of Deutsche Telekom and France Télécom, will succeed by marketing fiat alone in killing off access to unlimited wireless data in Britain remains to be seen. The country’s mobile market is one of the most competitive in Europe, with four network operators, as well as resellers like Virgin Mobile and Tesco Mobile.


Trying to Wean Britons From Unlimited Mobile Data
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Republicans have targeted a federal phone subsidy, widely referred to as the "Obama phone" program, as a prime example of wasteful government spending. But supporters of the Federal Communications Commission’s Lifeline program are coming to its defense, arguing that it is crucial for ensuring that needy people are able to communicate with their loved-ones and call for help in an emergency.

"Allow me to set the record straight," said FCC Commissioner Mignon Clyburn. "Without this program, 15 million low-income families would literally be choosing between feeding their children or going without a dial tone that potentially could save their lives and put them on a better economic path." Consumer advocacy groups Public Knowledge, Free Press, the Center for Media Justice and the Utility Reform Network issued statements praising Commissioner Clyburn for her full-throated defense of the subsidy.


Supporters rally to defense of 'Obama phone' program
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If dating were like the cellphone industry, you would have to sign a contract when you entered a relationship stating that you would remain monogamous for two years, even if you wanted to break up. That’s what cellular carriers have pulled off by successfully lobbying for a recent government ruling that you cannot take the phone you paid for and switch to another provider.

It’s the latest reminder that owning a cellphone on one of the biggest United States providers can sometimes feel like an unhappy relationship. Time and again, in the minds of many customers, these companies take advantage of us and there isn’t much we can do about it. Srinivasan Keshav, a professor at the University of Waterloo, in Ontario, who studies mobile computing, has found that cell carriers make more than a 4,000 percent profit on text messages. Sending a megabyte of text messages over the cell network costs customers roughly $1,500. What does it cost carriers? Close to nothing, as texts piggyback on other data transfers, including voice calls. The carriers combined make billions of dollars a year in fees on texting alone.


Stuck With a Carrier for the Long Haul
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More evidence that opportunities abound for current or ex-employees with malicious intent to wreak havoc or steal data from their employers comes from authentication company OneLogin. In a recent survey, OneLogin found 43% of respondents admitting that employees manage passwords in spreadsheets or on sticky notes, 34% share passwords with their co-workers for applications like FedEx, Twitter, Staples and LinkedIn, and 20% experienced an employee still being able to login after leaving the company.


Loose network security policies invite insider hacking
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As the Federal Communications Commission’s Chief FOIA Officer, I am responsible for oversight of the implementation of the Freedom of Information Act (FOIA) at the FCC. My 2013 Annual Report cited the progress we have made in our handling of FOIA requests.

Since last year, we have fewer backlogged FOIA appeals and all ten of the oldest pending FOIA appeals have been addressed. And, importantly, access to agency records continues to improve in large part because of a greater effort to post materials of interest on the web. This last point is particularly important because the more the Commission posts on its website, the less the public needs to use FOIA to obtain records. The statistics prove the point. The number of initial FOIA requests we received declined by 15% from FY 2011 to FY 2012 and continues to decline during FY 2013.


Sunshine Week: Open Government and Transparency 2013 Chief FOIA Officer Report (read Lev’s report)
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Thirty years ago, nearly half of 16-year-olds had a driver's license, their passport to independence. By 2010 that figure had dropped to 28%, according to research from the University of Michigan. The cultural shift is largely the result of technology that keeps teens connected to one another and the coolest new stuff without ever getting into a car.

All the adolescent staples — music, movies, clothes, books — are available with a mouse click or smartphone swipe. Driving once allowed teens "to go where you want, do what you want, see who you want and, in some sense, be who you want," said Lindsey Kirchoff, 23, of marketing software company HubSpot and a millennial trend marketing consultant. "The Internet has made the freedom that comes with a license anticlimactic." Getting a driver's license has also gotten a lot tougher. For starters, today's teens are more pressed for time than their parents were. Stiff competition for college admissions means prep courses, SAT tutoring, team sports and other activities to buff up college resumes.


Who needs a car? Smartphones are driving teens' social lives
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The Mexican Supreme Court has upheld a lower court ruling that iFone, a small IT company in Mexico City, is the rightful owner of the iPhone name in that country.

The company registered the name in 2003, four years before Apple rolled out the smartphone it dubbed the iPhone, according to the Wall Street Journal. The case goes back to 2009, when Apple tried to register the phone brand name in Mexico and the Mexican Industrial Property Institute said it was already taken. Apple tried to take the name by suing, arguing that it had expired for iFone. Now iFone, which says its names is a combination of the word "Internet" and telephone in Spanish, is free to continue pursuing damages from Apple and three Mexican carriers for using the name.


Mexico denies Apple rights to the 'iPhone' name

In case anyone doubted the authority of the Federal Communications Commission (FCC) to require fuller disclosure of who actually pays for all those anonymous political ads that flooded the airwaves last year, the Government Accountability Office (GAO) has just reaffirmed that authority. The GAO—the government’s top watchdog agency—is also critical that the FCC has not bothered to update its “sponsorship identification” guidelines since the 1960s and it recommended that the Commission do so.

The right of the people to know who is sponsoring advertisements, both commercial and political, goes back to the 1920’s and the old Federal Radio Commission. Subsequently this authority was rolled into the new Federal Communications Commission when it was established in 1934.

The GAO tells us at the outset that it wrote the new study because “The FCC is responsible for ensuring that the public knows when and by whom it is being persuaded.” Again, this requirement applies to both commercial and political advertising. In fact, the GAO states, “For content considered political or that discusses a controversial issue, broadcasters must follow all requirements for commercial content and additional requirements, such as indentifying officials associated with the entity paying for an advertisement.”

It is Section 317 of the Communications Act (47 U.S.C. §47) that requires on-air identification of ad sponsors. Explaining the rules it wrote to implement the law, the FCC stipulated years ago that political ads must “fully and fairly disclose the true identity of the person or persons, or corporation, committee, association or other unincorporated group, or other entity” paying for them. “Listeners are entitled to know by whom they are being persuaded,” said the FCC. I think we all get the drift of what’s being required here: specific identification of who is really bank-rolling all this stuff?

I believe that when a law requires “true identity” it means “true identity.” In other words, a chemical company dumping sludge into the Chesapeake Bay should not be allowed to masquerade as “Citizens for a Clean, Green Future” or “The Committee for Sky Blue Waters.” Nor should billionaire contributors, conservative or liberal, be allowed to mask their identities under a cloak of “Citizens for Purple Mountain Majesties and Amber Waves of Grain.”

Let’s face it. Money commands outrageous influence in our politics. Money buys elections, opens the doors of the power elite, and sometimes even writes the laws that Congress, our statehouses and city councils vote on. It is reliably reported that more than $6 billion was spent on the 2012 elections, the largest chunk of that going to media buys. Limiting the influence of that $6 billion must be our goal, but in light of the notorious Citizens United decision by the Supreme Court that opened the spigots to almost unlimited electioneering money, this will demand actions that current Washington gridlock appears incapable of generating.

So the billionaires and corporations, the PACs and SuperPacs, and all the other special interests that come up every day with new ways to send dark money down dark alleys, see little to fear. They can go on writing their mega-checks (they’re doing so as you read this) for the 2014 Congressional and down-ballot races free from meaningful limits, free from limiting government oversight, free from public disclosure. And they’re already busy picking their favorite candidates for 2016, too.

But, wait! There is something we can do. Right now. It won’t solve the overall problem of money in politics, and we must all, of course, keep working on that. But if the FCC would exercise the authority it has under Section 317, we could at least see Big Money unmasked. We could know who is really running all those ads and we would much better understand the message once we identified it source.

Section 317 has apparently been locked in some dusty FCC bin for more than 20 years. All the while, special interests have been inventing new ways to inject anonymous money into campaigns across the land. The FCC has made no attempt to keep current with it. The GAO noted, very critically I thought, that “FCC guidance for the sponsorship identification requirements has not been updated in nearly 50 years to address modern technologies and applications.” And while this statement addressed the totality of sponsorship identification responsibilities, it strikes me as spot-on with regard to what has happened in the world of political ads.

Here’s the best part. This reform—and it would be a huge reform—can happen without waiting for Congress to pass any new law. It requires no legislative or executive proposal from the President. No Constitutional Amendment needs to be enacted and ratified. All we need is for the Federal Communications Commission to exercise authority it already has. The rules implementing this authority need some updating, given that they have not been significantly modified since the ‘60s. This can be done through normal notice-and-comment processes that the FCC uses just about every day. I can see no practical reason for this updating to take more than 90 or 120 days. That means it can be in effect in plenty of time for the 2014 elections.

Two years ago, Andrew Jay Schwartzman of the Media Access Project petitioned the FCC to do exactly this. His suggestion was ignored. I have been urging similar action, both before I left the Commission and ever since. I cannot understand the hesitancy in moving forward on this. In my new role leading the Media & Democracy Reform Initiative at Common Cause, we are pushing for disclosure through our “Your Right to Know” Campaign. It is your right, you know.

Someone will say, “Well, the FCC would be sued for doing this.” Well, the FCC is sued for just about everything it does. I guess even an 86-year old requirement can be contested. But note this: the U. S. Supreme Court’s deservedly-maligned Citizens United decision spoke encouragingly of disclosure. Eight of the Justices effectively signed on to a statement in that decision saying “Disclosure is a less-restrictive alternative to more comprehensive speech regulations.” So we should not be paralyzed by fear of judicial reversal.

Upon release of the GAO Report, House Democratic Leader Nancy Pelosi (who requested the study) and Representatives Henry Waxman and Anna Eshoo released powerful statements urging the FCC to update its rules. Rep Eshoo noted: “Where power once originated from the general electorate, that balance has shifted in favor of the enormously wealthy, who can now hide their identity and their political expenditures. It’s time for the FCC to play a crucial role in bringing greater transparency to America’s electoral system by requiring sponsors of political ads to disclose their true identity, not just their ambiguously-named Super PAC.”

Just last week, Senator Bill Nelson and Senate Commerce Committee Chairman Jay Rockefeller both stood up for disclosure and pressed the FCC Commissioners testifying before them to take a stand, so now there is pressure from both Houses of Congress for the FCC to update its old rules for ad identification.

Imagine: you’re watching an ad and it actually tells you who is trying to win (or buy) your vote. What a difference a little sunlight would make. What a great tool disclosure would be to citizens trying to navigate their way through the anonymity and mud of what our campaigns have become. It’s your right—demand no less.



Judge Susan Illston, of U.S. District Court for the Northern District of California, struck down a controversial set of laws allowing the Federal Bureau of Investigation to seek people's data without a court's approval, saying the strict secrecy orders demanded by the laws are not constitutional.

Judge Illston said the laws, which underlie a tool known as a "national security letter," violate the First Amendment and the separation of powers principles. In her order, Judge Illston ordered the government to stop issuing national security letters or enforcing their gag orders, although she said enforcement of her judgment would be stayed pending appeal. A Department of Justice spokesman said the department was "reviewing the order." If the department does not appeal, the judge's orders will go into effect after 90 days.


Judge Strikes Down Secretive Surveillance Law
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[Commentary] If the Digital Millennium Copyright Act (DMCA) remains unaltered, cultural scholarship will soon be conducted only at the behest of corporations, and public libraries may disappear entirely.

That's because the DMCA attacks one of the of the fundamental pillars of human civilization: the sharing of knowledge and culture between generations. Under the DMCA, manmade mechanisms that prevent the sharing of information are backed with the force of law. And sharing is vital for the survival of information. Take that away, and you have a recipe for disaster. "DMCA is a mess," says Henry Lowood, Curator for History of Science & Technology Collections at Stanford University Libraries. "It's basically putting cultural repositories in positions where they either have to interpret very murky scenarios or they have to decide that they are going to do something that they realize is forbidden and hope that nobody's going to notice."


The Copyright Rule We Need to Repeal If We Want to Preserve Our Cultural Heritage