Benton RSS Feed
Major online retailers Amazon and Overstock told a New York state court that they should be allowed to not charge state sales tax. The case, in the State of New York Court of Appeals, represents one of the first legal tests of recent "Amazon taxes" meant to make online retailers start charging state sales taxes. Amazon and Overstock attorneys argued before the court that a 2008 New York law requiring companies with affiliates in the state to collect sales tax was unconstitutional. For New York, millions of dollars in tax collections ride on the court's decision, expected by June.
'Amazon Tax' Battle Heats Up In New York Court
Years before the JSTOR scraping project that led to Aaron Swartz's indictment on federal hacking charges—and perhaps to his suicide—the open-data activist scraped documents from PACER, the federal judiciary's paywalled website for public access to court records. (The acronym PACER stands for Public Access to Court Electronic Records, which may sound like it's straight out of 1988 because it is.)
Swartz got 2.7 million documents before the courts detected his downloads and blocked access. The case was referred to the FBI, which investigated Swartz's actions but declined to prosecute him. A key figure in Swartz's PACER effort was Steve Schultze, now a researcher at Princeton's Center for Information Technology Policy. Schultze recruited Swartz to the PACER fight and wrote the Perl script Swartz modified and then used to scrape the site. Until recently, Schultze has been quiet about his role in Swartz's PACER scraping caper. But Swartz's death inspired Schultze to speak out. In a recent phone interview, Schultze described how Swartz downloaded gigabytes of PACER data and how that data has been put to use throughout the last four years. Schultze said he hopes the outrage over Swartz's death will provide momentum for legislation to finish the job Swartz and Schultze started almost five years ago: tearing down PACER's paywall.
The inside story of Aaron Swartz’s campaign to liberate court filings
The National Association of Broadcasters has asked the Federal Communications Commission to back off changing its method of calculating TV station coverage areas and interference protections, at least for now, saying the timing of that initiative could undermine the incentive auctions and at least some of the proposals may violate the incentive auction law.
The incentive auction legislation instructs the FCC to make its best effort to replicate coverage and interference protections. That information will be important when the FCC has to repack stations after the incentive auctions, as well as in determining access to in-market and out-of-market stations for satellite carriers. That is an issue that will arise in the reauthorization of the Satellite Television Extension and Localism Act at the end of next year, which Congress will start to look at in a House Communications Subcommittee hearing next week.
NAB: FCC's Proposed Changes to TV Station Coverage Model May Violate Law
The European Union has just agreed on its budget for the years 2014-2020, and it’s the first time that budget has actually been cut. Unfortunately for European broadband projects that were counting on money from a €7 billion ($9.36 billion) central fund, that’s where a huge chunk of the €34 billion in savings came from.
This formed the bulk of the €9.2 billion “digital part” of the Connecting Europe Facility (CEF), a part that got trimmed down to €1 billion in budget negotiations. That remaining billion will now go to a different subsection, to do with nailing down cross-border digital services such as e-procurement and e-invoicing. The whole ambition of using €7 billion in EU funding over the coming seven years to accelerate deployment of fiber-access broadband networks — which was in turn supposed to help businesses take up cloud services – just went bye-bye.
Not so fast: Budget cut wipes out €7bn European broadband fund
Phil Hardy, Rep. Raul Labrador’s spokesman since his upset congressional win in 2010, has been fired for mistakenly tweeting in the name of his boss about his admiration for two actresses pole dancing in a Super Bowl ad.
The tweet, “Me likey Broke Girls,” was deleted after 14 seconds but is archived on a website that collects deleted tweets from politicians. The Idaho Republican’s office apologized for the tweet, which was Hardy’s take on a CBS promotional spot featuring Kat Dennings and Beth Behrs, the stars of “2 Broke Girls,” dancing in revealing clothing. The pair were depicted on the show’s set — a Brooklyn diner — gyrating to a Def Leppard pole-dancing tune “Pour Some Sugar On Me.” Hardy worked in the music industry, including a stint in London, specializing in heavy metal bands, before coming to Idaho. His first job in politics was as a spokesman for the Idaho Senate GOP Caucus. Rep Labrador made the decision to fire Hardy, said the Idaho Republican’s district director, Jake Ball.
Longtime Labrador spokesman fired for bawdy Super Bowl tweet
The Department of Homeland Security’s (DHS) Office for Civil Rights and Civil Liberties (CRCL) has completed a Civil Rights/Civil Liberties Impact Assessment examining DHS’s policies guiding searches of electronic devices at the United States’ borders. CRCL conducted this assessment in accordance with its statutory role to advise Department leadership on constitutional, statutory, regulatory, policy, and other requirements relating to the civil rights and civil liberties of individuals affected by the programs and activities of the Department. This assessment has been provided to the Secretary, the Commissioner of U.S. Customs and Border Protection (CBP), and the Director of U.S. Immigrations and Customs Enforcement (ICE). This document sets out CRCL’s findings and recommendations, which CBP and ICE have accepted and are implementing with CRCL’s assistance. CRCL determined that warrantless border searches of laptops do not raise civil liberties issues.
Border Searches of Electronic Devices Government watchdog: warrantless laptop searches at border are A-OK (ars technica)
[Commentary] There is no plan for a free government super Wi-Fi network. What sounded like a plan to create free public Wi-Fi networks is in fact a less ambitious but still vital proposal to reallocate a larger share of the best public airwaves (spectrum) for free shared use without the need for a license.
That’s exactly how Wi-Fi operates today—on “unlicensed” bands of spectrum that are equally open to everyone. There is certainly a strong case to be made that 21st-century public infrastructure should include a minimum level of broadband connectivity almost everywhere. By leveraging existing public assets—both unlicensed spectrum and the spider web of federal, state, and local fiber optic backhaul that crisscrosses the nation—it would be relatively inexpensive to blanket most areas with a basic level of wireless connectivity. In reality, though, the FCC is not proposing to subsidize the construction of networks. Instead, the agency wants to make enough free and high-quality unlicensed spectrum available that a far wider range of private companies, local governments, and individuals will find it economical to either offer or consume more broadband Internet services. If all of the Federal Communications Commission’s proposals are adopted—and shared public spectrum is plentiful—the good news about widespread and low-cost public Wi-Fi networks reported by the Post this week may actually become reality. Let’s hope.
Why the Feds Should Promote Wi-Fi Everywhere
The noisy response to a front-page Washington Post story about an alleged government plan to create free public Wi-Fi networks indicates public enthusiasm for cheaper Internet access in America. If only it were so simple.
But the story drew a different response from insiders and tech reporters who knew that the creation of a “super Wi-Fi” network described in the story is far from reality. While the Post’s Cecilia Kang has issued a clarification in response to the uproar, the question remains: Is free public Wi-Fi even possible? We must take action today to bring about an age of affordable, ubiquitous Wi-Fi. Opening up a larger slice of high-quality spectrum for open networks is a must, but it’s just a first step. The FCC simply needs to face down the lobbyists and do right by the rest of us. If the agency is serious about fostering affordable public Wi-Fi, it must make unlicensed use a bigger priority.
Is Free Public Wi-Fi Possible?
[Commentary] This past week, we’ve had quite the discussion around Cecilia Kang’s Washington Post piece describing a plan by the Federal Communications Commission to create a national Wi-Fi network by making the right decisions about how to allocate spectrum between licenses for auction and what to leave available for the unlicensed TV white spaces (“TVWS” aka “Super Wi-Fi” aka “Wi-Fi on steroids”).
As Kang describes, the FCC’s opening of sufficient spectrum for TVWS could lead to “super Wi-Fi networks around the nation so powerful and broad in reach that consumers could use them to make calls or surf the Internet without paying a cellphone bill every month.” Needless to say, the article faced much pushback, despite a subsequent Post clarification to indicate the FCC was not, actually, planning to build a network. Amidst the various critics, there were some general defenders of the concept. My colleagues at the Electronic Frontier Foundation noted that increasing the availability of open spectrum for Wi-Fi-type uses , and my friends at Free Press argued that such a free public Wi-Fi network (or, more accurately, series of networks) is in fact possible if the FCC makes enough good quality spectrum, suitable for broadband and usable outdoors, available on an unlicensed basis. I will now go a step further than any of my colleagues.
I will boldly state that, if the FCC produces a solid 20 MHz of contiguous empty space for TV White spaces in the Incentive Auction proceeding, or even two 10 MHz guard channels that could nationally produce two decent sized LTE-for-unlicensed channels, then we will have exactly the kind of free publicly available Wi-Fi Kang describes in her article. Or, “Yes Cecilia, there really is free national public Wi-Fi. Don’t let the haters and know-it-alls tell you otherwise.”
Cecilia Kang Is Right: There Really Could Be A Free National Wi-Fi Network of Networks Wi-Fi “as free as air”—the totally false story that refuses to die (ars technica)
How could medicine be transformed by smart devices?
Dr. Anthony Jones, who works for Philips Healthcare, a company that designs machines and software for hospitals around the world, says a nurse could check on you four times a day, or there could be networked machines that send data on your vitals in a constant stream to a master control. “If I now have a continuous monitor, and I have that data going up into a central repository, I can write algorithms and put some intelligence into that repository that allows me to look for trends," says Jones. "So part of what the Internet of things will allow is much more sophisticated, much more continuous monitoring." Done right, this new era of monitoring could also help keep you from going into the hospital in the first place. Advances in wireless and medical tech will go even further still, according to Ed Price at Georgia Tech's Institute for People and Technology.
The medical Internet of things and the future of health care