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BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, NOVEMBER 15, 2012

National Museum and Library Services Board http://benton.org/calendar/2012-11-15/

CYBERSECURITY
   President Obama signs secret directive to help thwart cyberattacks
   Senate votes down Cybersecurity Act a second time
   Sen Reid: Deal to hold votes on cybersecurity and sportsmen's bills expected Nov 13 [links to web]
   Cybersecurity Bill’s Outlook Still Bleak [links to web]
   The Real Cyberforensics Used To Snoop On Petraeus (And You) [links to web]
   Cybersecurity Workforce Challenges Defy Easy Answers [links to web]
   Good news for lobbyists: Cyber dollars [links to web]

INTERNET/BROADBAND
   Ambassador warns against demonizing the UN in negotiations over Internet treaty
   FCC Avoids Easy Questions on Data Caps - analysis
   How do you know if your broadband meter is accurate?
   US Broadband’s new reality: slowing growth
   Connect Minnesota Releases Latest Broadband Availability Figures - press release [links to web]
   New Report Reveals Regional Differences in Illinois Broadband Usage - press release [links to web]

SPECTRUM/WIRELESS
   Incentives, Opportunities, and Testing Needed to Enhance Spectrum Sharing - research
   LightSquared's Plan B, Out for Comment
   LightSquared Demise Won’t Doom Wireless Plan, Inmarsat Says [links to web]
   Verizon’s First Lower 700 MHz Spectrum License Sale Agreement Inked with Nortex Communications - press release [links to web]

OWNERSHIP
   Sources: FCC Extends Tribune Waivers; Chairman Circulates Media Ownership Order
   FCC Report Shows Little Net Improvement in Ownership Diversity
   Regulators weigh demands for Google
   Is There Now “Blood in the Water” for Google Versus FTC?

MEDIA & ELECTIONS
   Outside group spending controlled the 2012 election conversation - op-ed
   Built to win: Deep inside Obama's campaign tech [links to web]
   5 Ways The Obama Campaign Was Run Like A Lean Startup [links to web]
   The great election-night scam - op-ed [links to web]

CONTENT
   Chart-topping singers oppose Pandora's push for changes to music royalty rules
   Norquist sounds off against Internet royalty bill [links to web]
   The Mystery of the Missing E-Books - op-ed
   Why the future of live sports is in ESPN's hands - analysis [links to web]
   FCC Says First-Year Films Are Covered By Comcast/NBCU OVD Condition [links to web]
   In UK, Twitter, Facebook rants land some in jail [links to web]

SATELLITES
   Russia loses contact with satellites, space station-RIA [links to web]
   Satellite Providers wage Interference War [links to web]

EMERGENCY COMMUNICATIONS
   FCC Seeks Comment on the Legal and Statutory Framework for Next Generation 9-1-1 Services
   12 Year, $430 Million Effort Fails to get DHS Radio Users on the Same Frequency
   How AT&T got service back after Sandy [links to web]

GOVERNMENT & COMMUNICATIONS
   Russian Internet Crackdown Shows Complexity of Modern Transparency
   Lawmakers urged to investigate Chinese cyber espionage
   Email Users Can't Count On Privacy Protections
   Expect IT Consolidation, Cost Cutting During Obama’s Second Term [links to web]

POLICYMAKERS
   Rep Walden to stay on as Chairman of Technology subcommittee [links to web]

MORE ONLINE
   New Grants Help Museums and Libraries Connect Youth with Friends, Learning, and Mentors to Link their Passions to Future Success - press release [links to web]

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CYBERSECURITY

SECRET CYBERSECURITY DIRECTIVE
[SOURCE: Washington Post, AUTHOR: Ellen Nakashima]
President Barack Obama has signed a secret directive that effectively enables the military to act more aggressively to thwart cyberattacks on the nation’s web of government and private computer networks. Presidential Policy Directive 20 establishes a broad and strict set of standards to guide the operations of federal agencies in confronting threats in cyberspace, according to several U.S. officials who have seen the classified document and are not authorized to speak on the record. The president signed it in mid-October. The new directive is the most extensive White House effort to date to wrestle with what constitutes an “offensive” and a “defensive” action in the rapidly evolving world of cyberwar and cyberterrorism, where an attack can be launched in milliseconds by unknown assailants utilizing a circuitous route. For the first time, the directive explicitly makes a distinction between network defense and cyber operations to guide officials charged with making often rapid decisions when confronted with threats. The policy also lays out a process to vet any operations outside government and defense networks and ensure that U.S. citizens’ and foreign allies’ data and privacy are protected and international laws of war are followed.
benton.org/node/139510 | Washington Post
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SENATE REJECTS CYBERSECURITY BILL
[SOURCE: The Hill, AUTHOR: Jennifer Martinez, Ramsey Cox]
Cybersecurity legislation failed in Senate for a second time despite calls from Defense Secretary Leon Panetta and other national security officials for Congress to pass a bill. A procedural motion to move forward on the Cybersecurity Act, introduced by Sens. Joe Lieberman (I-CT) and Susan Collins (R-Maine), was rejected in a 51-47 vote. The vote marks a bitter end for the cybersecurity bill and kicks any legislative action on the matter on to next year. This is the closest the Senate has gotten to passing major cybersecurity legislation in recent years, and members from both parties had negotiated for months to try to reach a compromise on the bill. Prior to the vote, Sen Lieberman warned that the president would be compelled to issue the executive order if the Senate voted against moving the bill forward. But he noted that the cyber order would not accomplish everything that legislation could, including liability protection that would safeguard companies from legal action if they're hit by a cyberattack. "The bill that was and is most important to the intelligence community was just killed, and that's cybersecurity," Senate Majority Leader Harry Reid (D-NV) said following the vote. "Whatever we do for this bill, it's not enough for the U.S. Chamber of Commerce. So everyone should understand cybersecurity is dead for this Congress. What an unfortunate thing, but that's the way it is." Before the vote, Republicans senators argued that Reid was playing politics by trying to jam the sweeping cybersecurity bill through the Senate without holding an open amendment process. They also argued that industry still held legitimate concerns with the measure and it would not adequately address the rising cyberthreat.
benton.org/node/139536 | Hill, The | The Hill – Lieberman
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INTERNET/BROADBAND

WARNING AGAINST DEMONIZING THE UN
[SOURCE: The Hill, AUTHOR: Brendan Sasso]
US Ambassador Terry Kramer argued that the United States will have to address the concerns of other countries during negotiations over an international telecommunications treaty. He warned that refusing to participate in discussions or demonizing the United Nations will only prevent the United States from having a seat at the negotiating table. "Our messages need to be issues-orientated and fact-orientated — not taking shots at the U.N., not taking shots at leadership," he said during a speech at the American Enterprise Institute in Washington. Kramer said the United States will have to remain open to proposals that would improve security or expand Internet access to areas that have little or no access. But he emphasized that certain proposals are non-negotiable, including a plan pushed by European telecommunications companies that would allow them to charge more to carry international traffic.
benton.org/node/139527 | Hill, The
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FCC AND BROADBAND DATA CAPS
[SOURCE: Public Knowledge, AUTHOR: Michael Weinberg]
[Commentary] Imagine your internet connection has a cap. You get an alert that you are getting close to the cap, but the numbers do not feel right. As a sophisticated user, you start measuring your own data usage and find that your ISP appears to be overestimating your usage by 20-30%. Furthermore, when confronted with the discrepancy, your ISP tells you that the way they measure your usage is proprietary – a secret. When faced with such a ridiculous situation your first instinct may be to turn to the Federal Communications Commission to get you some clarity. Unfortunately, since the FCC has spent the past few years studiously avoiding the issue of data caps, that instinct would get you nowhere. Of course, this is no hypothetical. Slashdot contributor Soulskill had just this problem with AT&T, and just this instinct. It would have been great to be able to hop into the comments and tell him to file a complaint with the FCC to get this all resolved. But that would have been a waste of everyone’s time because there is nowhere for that complaint to go.
benton.org/node/139505 | Public Knowledge
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BROADBAND METERS
[SOURCE: GigaOm, AUTHOR: Stacey Higginbotham]
When happens when your Internet service provider (ISP) says you’re going over your broadband cap, but your own self-installed usage meter still says you have plenty of gigabytes left? That’s what Ken Stox is about to find out, as he takes on his ISP to try to figure out why his own usage numbers are 20 percent to 30 percent lower than those provided by AT&T. I’ve emailed the FCC to see if the agency is aware of Stox’s issue and if it had reached out to either Stox or AT&T for more information. For Stox, the problem is that AT&T won’t share any of its methodology with him. To him AT&T’s ability to charge him $10 for more Internet access just because he’s hit some cap that’s defined by AT&T and overseen by AT&T without any required disclosure seems anti-consumer. So far, he hasn’t filed a complaint with the FCC, or with the Illinois Commerce Commission, but he did say he had been contacted by Public Knowledge and he might wait for their advice before making any formal complaint. Already the advocacy organization is using the case as an example of why the FCC needs to get more involved in monitoring and asking questions data caps.
benton.org/node/139545 | GigaOm
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US BROADBAND’S SLOWING GROWTH
[SOURCE: GigaOm, AUTHOR: Om Malik]
The go-go years of the US Broadband business might be behind it and the latest numbers from Leichtman Research Group (LRG) only confirm that. According to their data, broadband providers who represent about 93 percent of the total US market added 580,000 net new broadband customers in the three months ending September 30, 2012. The new additions are about 92 percent of net new additions during the third quarter of 2011. By LRG’s estimate there are about 80.7 million broadband subscribers in the US. For the first nine months of 2012, US saw an addition of 2.1 million net new broadband subscribers, down from 2.3 million during the first nine months of 2011. Here are some notable stats:
Cable companies continue to dominate the business and added about 575,000 subscribers. Comcast added 287,000 broadband subscribers in the quarter – nearly 50% of the total for the top providers
Telephone companies added about 5,000 subscribers.
AT&T and Verizon added 749,000 fiber subscribers (via U-verse and FiOS) in the quarter, while having a net loss of 799,000 DSL subscribers.
benton.org/node/139506 | GigaOm
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SPECTRUM/WIRELESS

GAO SPECTRUM SHARING REPORT
[SOURCE: Government Accountability Office, AUTHOR: Mark Goldstein]
This requested report examines (1) what factors prevent users from sharing spectrum more frequently and (2) what actions the Federal Communications Commission (FCC), the National Communications Information Administration (NTIA), and others can take to encourage more sharing and efficient spectrum use. GAO reviewed plans and documents from FCC and NTIA regarding their management of nonfederal and federal spectrum-sharing activities, respectively. GAO also interviewed federal and commercial spectrum users, industry and academic experts, and other stakeholders. FCC and NTIA should jointly (1) report to Congress on the potential merits and effects of a spectrum fee, (2) determine how to best promote spectrum research and development, and (3) evaluate what regulatory changes might improve the spectrum sharing process. The agencies generally agreed with GAO’s findings but identified ongoing efforts that address the recommendations. GAO has modified the recommendations as described further in the report. (GAO-13-7)
benton.org/node/139529 | Government Accountability Office
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LIGHTSQUARED PLAN B
[SOURCE: CommLawBlog, AUTHOR: Davina Sashkin]
The Federal Communications Commission has requested comment on a Petition for Rulemaking filed by LightSquared seeking a new co-primary allocation permitting non-Federal terrestrial mobile use of the 1675-1680 MHz band. You remember LightSquared – the company that wanted to deploy a tower-based wireless broadband network in the 1545-1555 MHz satellite downlink portion of the L Band, close to GPS frequencies. GPS users objected, and the National Telecommunications and Information Administration (NTIA) which administers federal spectrum, decided GPS interference concerns could not be overcome, whereupon the FCC pulled LightSquared’s tentative authorization. With its recent Petition for Rulemaking (and other documents filed in late September), LightSquared seeks a work-around to its GPS headache (and possibly a Hail Mary to resurrect the company, which is now in bankruptcy). LightSquared’s idea is to pair its existing and as-yet-uncontroversial authorizations for two 10 MHz uplink bands, at 1627.5-1637.5 MHz and 1646.7-1656.7, with a downlink (and terrestrial) channel at 1670-1680 MHz. This band is farther removed from GPS frequencies than LightSquared’s old request. The lower half of the band, at 1670-1675 MHz, is allocated for non-Federal fixed and mobile uses, and has been auctioned; LightSquared, through a subsidiary, has made arrangements to lease this segment. No problem there. But the upper half of LightSquared’s proposed band, at 1675-1680 MHz, is not, at first glance, a good home for a high-powered cellular-type network.
Comments are due on December 10, 2012, and reply comments on Boxing Day, December 26. If the FCC decides to proceed, it will solicit further comments by way of a Notice of Proposed Rulemaking.
benton.org/node/139543 | CommLawBlog
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OWNERSHIP

FCC MEDIA OWNERSHIP ACTION
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Apparently, the Federal Communications Commission is clearing the way for Tribune's new owners to take control of its television station licenses. The Media Bureau has given the FCC commissioners a heads up that it will be issuing a decision by week's end extending Tribune's permanent waiver of the newspaper/broadcast cross-ownership rules in Chicago, and temporary waivers in New York, Los Angeles, Miami and Hartford, which will allow the license transfers to go through. In addition, the chairman's office has circulated for vote an order rejecting a petition to deny the permanent Chicago waiver, filed by the United Church of Christ, the Teamsters and others.
In addition, FCC Chairman Julius Genachowski circulated an order to change media ownership rules. The FCC is not expected to officially reveal details of the order, which are based on a proposed rule-making opened a year ago. But if the order follows the rule-making document, the FCC will essentially keep in place what the agency proposed in 2007—and has been defending in court ever since. In other words, the results would be close to the status quo. The new rules would loosen the 70s-era ban on newspaper-broadcast cross ownership, codify newspaper-TV-radio in the top 20 markets and maintain local market caps on radio and TV ownership.
benton.org/node/139533 | Broadcasting&Cable | FCC | AdWeek
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NO IMPROVEMENT IN OWNERSHIP DIVERSITY
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Minorities and women are still underrepresented in broadcast radio and television station ownership ranks and have not made much headway in full-power TV station ownership in the past couple of years, according to the Federal Communications Commission’s latest Form 323 diversity of ownership report, which is comparing FCC biennial data collections from broadcasters for 2009 and 2011. In 2011, women had an attributable interest in 91 full-power TV stations, or 6.8%, of the 1,348 total full-power TV stations. That is up from 5.6% of those stations in 2009. Women make up 50.8% of the population, according to the 2010 Census. Men owned 873 full-power TV stations (64.8%) in 2011, vs. 60.4% in 2009. While it may seem counterintuitive that both numbers could go up, that is because the other 28% or so of stations have no single owner whose stake triggers attributable ownership.
benton.org/node/139532 | Broadcasting&Cable | Los Angeles Times
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WEIGHING DEMANDS ON GOOGLE
[SOURCE: Financial Times, AUTHOR: Richard Waters]
How far will Google go to head off the threat of long and damaging antitrust battles on both sides of the Atlantic – and how hard will regulators push to cramp its expansive style? The answers to those questions should become clearer in the next few weeks, as the European Commission and the US Federal Trade Commission press the company for voluntary changes in its business model to end their antitrust investigations. Rivals want radical action, perhaps even extending to a break-up of Google into separate companies that handle search and other services. The likely outcome, though, is more minimalist. The most important issues involve search “fairness”. Does Google give undue prominence to its own services, such as maps and comparison shopping, robbing other sites of all-important search traffic? And does it discriminate against some sites by relegating them in its rankings? This could play out very differently in Europe and the US.
benton.org/node/139544 | Financial Times
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BLOOD IN THE WATER
[SOURCE: Wall Street Journal, AUTHOR: Liz Gannes]
It’s hard to find people in Silicon Valley talking about Google’s imminent antitrust battle with the United States Federal Trade Commission. It’s much less difficult in Washington. In fact, as one D.C. person familiar with the ongoing FTC probe aimed at slapping Google for its worrisome dominance of search and other markets put it most colorfully: “There’s now blood in the water. All these people who have wanted to kill Google, this is their chance. They will never have a better opportunity than the next 30 days.” And that’s why I’m in the nation’s capital for the next few days, sussing out the current status of the impending potential battle between Google and regulators.
benton.org/node/139538 | Wall Street Journal
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MEDIA & ELECTIONS

OUTSIDE GROUP SPENDING
[SOURCE: The Hill, AUTHOR: Meredith McGehee, David Vance]
[Commentary] The airwaves and the newspapers have been peppered with reports belittling the impact of outside groups on the 2012 election. Many have taken it a step further and concluded that super-PACs and “dark money” groups — the groups that don’t disclose their donors — are not the threat to our democracy that many had feared. That is where they are wrong. The tiny cadre of wealthy Americans who were campaign bundlers, as well as the donors who gave to super-PACs and dark money groups, will be the winners — regardless of whom they gave to. How can that be? If their candidate lost, wouldn’t a good businessman question whether he got a good “return on investment”? While favorable electoral outcomes might not have been successfully purchased in many instances, you can be very sure that what was successfully purchased was access and influence. Regardless of whether their party won or lost, these donors can now convert their large contributions into a ticket to be cashed in for access to and influence with elected officials and their staffs. Having demonstrated their willingness to give large amounts, elite donors seeking audiences with powerful politicians will be rewarded. Savvy politicians will recognize the people they need to keep happy. So, they will continue to court these big-money donors. The new reality in Washington will see the ultra-well-heeled getting even more preferential treatment than in the past. But where does that leave the rest of us?
benton.org/node/139537 | Hill, The
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CONTENT

SINGERS OPPOSE INTERNET ROYALTY BILL
[SOURCE: The Hill, AUTHOR: Jennifer Martinez]
A coalition of 125 chart-topping singers and musicians — including Pink Floyd, Britney Spears and Rihanna — are speaking out against Pandora's efforts to modify the music royalty system. In an open letter, the group questions Pandora's push for Congress to enact changes to existing royalty-setting rules. The singers and musicians argue that Pandora "is now enjoying phenomenal success as a Wall Street company," including "skyrocketing growth in revenues and users." "Why is the company asking Congress once again to step in and gut the royalties that thousands of musicians rely upon?" the letter reads. "That's not fair and that's not how partners work together."
benton.org/node/139504 | Hill, The | musicFirst | AdWeek
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MISSING E-BOOKS
[SOURCE: The Huffington Post, AUTHOR: Art Brodsky]
[Commentary] Holiday shopping season is just around the corner, and e-books and e-book readers will be high on many people's wish lists. But public libraries don't share in the joy, and the people who use libraries will look in vain for e-books that aren't available from any library. They are missing, and here's why. Think of the world of e-books like this: Imagine if every car that was purchased had to be a new car -- no more lots for used, pardon me, previously owned, cars. Or if every article of clothing had to be purchased new -- no more fancy consignment shops or second-hand stores from charities like Goodwill. On top of that, consider if every "purchase" of a car was really a lease, subject to terms and conditions from the dealer or car manufacturer. That's the way it is with e-books. Has anyone seen a "used" e-book? No. Not a one. Because they don't exist. Every e-book purchased is a new e-book. The reason for that is that book publishers have come to control the market for e-books in a way that other industries envy. Yes, the Justice Dept. may throw a flag about pricing and yes, publishers may lose a court case here and there. But the clear fact is that publishers have succeeded in a way that no other industry has.
benton.org/node/139524 | Huffington Post, The
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EMERGENCY COMMUNICATIONS

NEXT GENERATION 9-1-1
[SOURCE: Federal Communications Commission, AUTHOR: Public Notice]
To assist the Federal Communications Commission in developing a report to Congress, the FCC’s Public Safety and Homeland Security Bureau seeks comment on the legal and statutory framework for Next Generation 9-1-1 (NG9-1-1) services. The Bureau asks questions in three broad areas:
Legal and Regulatory Framework for the Development of NG9-1-1 Services and the Transition from Legacy 9-1-1 Networks to NG9-1-1
Legal Mechanisms for Ensuring Efficient and Accurate Transmission of 9-1-1 Caller Information to Emergency Response Agencies
Recommendations for Removing Jurisdictional Barriers and Inconsistent Legacy Regulations
Comments are due December 13, 2012; reply comments are due January 14, 2013.
benton.org/node/139528 | Federal Communications Commission
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TWELVE-YEAR, $430 MILLION EFFORT FAILS TO GET DHS RADIO USERS ON THE SAME FREQUENCY
[SOURCE: nextgov, AUTHOR: Aliya Sternstein]
The Homeland Security Department spent $430 million on a fruitless plan to enable radio users departmentwide to communicate on the same frequency, according to a new audit released by an internal watchdog. The shift to a single frequency began when the department formed in 2003, but of 479 radio users the DHS inspector general tested, only one knew how to tune into the common channel, the report stated. Personnel either were unaware the channel existed, could not find it, or switched to an outdated channel inherited from the Treasury Department. “Personnel do not have interoperable communications that they can rely on during daily operations, planned events and emergencies,” acting IG Charles K. Edwards wrote in the report. About 123,000 employees use the handheld and mobile radios. Homeland Security this spring shelled out $3 billion for new tactical communications to serve the entire department, along with the White House and the Interior Department. The root of the disconnect, according to the report, is top department leaders have provided little guidance and no enforcement to ensure personnel use the channel.
benton.org/node/139523 | nextgov | read the report
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GOVERNMENT & COMMUNICATIONS

RUSSIAN INTERNET CRACKDOWN SHOWS COMPLEXITY OF MODERN TRANSPARENCY
[SOURCE: nextgov, AUTHOR: Joseph Marks]
The list of nations with a comparatively open Internet took another hit this month with the creation of a Russian blacklist of banned websites. The blacklist is ostensibly aimed at filtering out child pornography and keeping information promoting drugs and suicide out of the hands of youth, according to the Washington Post’s editorial page. But Russian investigative journalists report on Wired that the tool could “wind up blocking all kinds of online political speech” and the infrastructure supporting it could “become a tool for spying on millions of Russians.” The blacklist has been denounced by Reporters without Borders among others. This is especially galling considering Russia’s recent decision to join the Open Government Partnership, an international transparency coalition that U.S. Secretary of State Hillary Clinton played a role in organizing. It also underscores how complex transparency has become in the digital age. A nation can now genuinely open up the spigot of information for one audience while closing it tight for another.
benton.org/node/139503 | nextgov
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US-CHINA SECURITY REVIEW COMMISSION REPORT
[SOURCE: The Hill, AUTHOR: Julian Pecquet]
Lawmakers should investigate China's cyber espionage of U.S. military, government and commercial targets, the U.S.-China Economic and Security Review Commission urges in a new report. The Commission made 32 recommendations to Congress, including reviewing legal penalties for companies found to engage in or benefit from industrial espionage. It also urged lawmakers to reexamine foreign direct investment from China to the United States and to consider requiring a mandatory review of controlling investments by government-controlled firms and adding an economic benefit test for Chinese investments. “We have recommended that relevant Congressional committees further review Chinese cyber espionage practices and report their findings in an unclassified format,” committee Chairman Dennis Shea said in his opening remarks at a congressional hearing on the report. “In addition, we have recommended that Congress review acquisition and procurement guidelines to ensure that the U.S. department of Defense has the necessary tools to mitigate cyber-related supply chain threats.”
benton.org/node/139507 | Hill, The | U.S.-China Economic and Security Review Commission
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PRIVACY PROTECTIONS
[SOURCE: Wall Street Journal, AUTHOR: Geoffrey Fowler, Evan Perez]
There's one safe assumption on the Internet: Email isn't safe. One of the lessons from the unfolding case of the former director of the Central Intelligence Agency, David Petraeus, is that privacy protections for even the most sophisticated users of consumer-email services actually protect very little. In response to a Florida woman's complaints that she had received threatening emails, the Federal Bureau of Investigation gained access to the emails of Paula Broadwell, a writer who allegedly set up Gmail accounts under aliases to conduct an affair with Mr. Petraeus. To do so, the FBI received search warrants from a judge, according to U.S. officials. But other clues in the FBI investigation could be garnered without a warrant in an era when personal communication has shifted to centralized websites like Google and Facebook, where messages rarely get truly deleted and all online communications carry a number of digital footprints. "If the director of central intelligence isn't able to successfully keep his emails private, what chance do I have?" said Kurt Opsahl, a senior staff attorney at the Electronic Frontier Foundation, a digital-liberties advocacy group.
benton.org/node/139546 | Wall Street Journal | Los Angeles Times
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