Tech Daily Dose

Former IP Czar Downplays 'Net Neutrality' Legislation

Forbes.com published an op-ed Friday written by former Bush administration IP czar Chris Israel. In it, the Institute for Policy Innovation fellow discusses the recent announcement made by Comcast and BitTorrent that they will work together to find a market-based solution to challenges posed by the bandwidth demands of peer-to-peer file sharing.

According to Israel, the news "further demonstrates that an intrusive government 'network neutrality' regime is not necessary, and this provides a more promising future for protecting intellectual property online." In the debate over net neutrality, he writes, the issue of who gets to do what with the network they built has been the main sticking point while stopping the flow of illegal content has played a somewhat secondary role.

Meanwhile, House Judiciary Committee Chairman John Conyers and Rep. Zoe Lofgren, D-Calif., added to the ongoing debate over the topic on Capitol Hill on Thursday by introducing a bill that would require pipeline providers to interconnect on "a reasonable and nondiscriminatory basis" and ensure all legal content, applications and services have an equal opportunity to reach consumers.

Their bill, which approaches net neutrality from an antitrust angle, differs from a measure introduced by Energy and Commerce Telecommunications and the Internet Subcommittee Chairman Edward Markey, D-Mass., which is FCC-focused. Read CongressDaily's latest coverage here.

Posted by Andrew Noyes at 02:09 PM | Comments (0) | TrackBack (0)

Watchdogs Weigh In On DC Mayor's Surveillance Plan

The American Civil Liberties Union, the Constitution Project and Electronic Privacy Information Center sent a letter Friday to members of the D.C. City Council calling on them to reject Mayor Adrian Fenty's request for more than $900,000 for the Homeland Security and Emergency Management Agency to centralize monitoring of more than 5,000 cameras installed in public schools, public housing, and residential neighborhoods.

The cameras are currently operated under the auspices of several different city agencies, including the Metropolitan Police Department, which has implemented policies governing use and protecting individual privacy that have been heralded by law enforcement officials, public security experts, and privacy advocates as among the nation's best. The policies, developed through hearings in 2002 and 2006, have not been adopted by HSEMA.

Even if the Council determines that some new network would be appropriate, it is important to assess carefully which cameras and how many of them should be part of such a network," the letter said. "Before any funds are appropriated, HSEMA should develop, with public input, a robust privacy policy to govern operation of such a network." The group said it is critical that the city "preserve the important privacy and civil liberties safeguards currently in place."

(Photo Credit: SocTech via Flickr)

Posted by Andrew Noyes at 11:47 AM | Comments (0) | TrackBack (0)

Friday Fun: Webby Award Winners Announced

Winners of the annual Webby Awards were announced this week.

Highlights include:

▪ Webby Person Of The Year - Stephen Colbert, Comedy Central's "Colbert Report." He was honored for using the Internet to interact with fans of his show -- from "Google bombing" to make him the top search result for "greatest living American" to challenging the "truthiness" of Wikipedia.

▪ Webby Film & Video Person of The Year - Filmmaker Michel Gondry. His latest film, "Be Kind Rewind," is a celebration do-it-yourself filmmaking introduced "sweding" to the Internet, inspiring filmmakers to recreate scenes from their favorite films.

▪ Webby Artist Of The Year - Will.I.Am, frontman for the Black Eyed Peas. He was recognized for the songs and Internet videos he created in support of U.S. presidential candidate Barack Obama. His online "Yes We Can" video has been viewed more than 17 million times since its February premiere.

▪ Webby Film & Video - Best Actor: Tim Heidecker and Eric Wareheim, creators of the cult hit timanderic.com. They are poster children for the kind of weirdness that could only take off online.

Other highlights include multiple winnings by NYTimes.com, The Onion, PostSecret, National Geographic, Apple.com, Hometown Baghdad, "You Suck at Photoshop," Flickr, FactCheck.org, BBC, TED.com, ESPN.com, and CondeNet. Read more about the winners here.

Posted by Andrew Noyes at 09:09 AM | Comments (0) | TrackBack (0)

FTC's 'Secret Shopper' Sting

The FTC released the results of a nationwide undercover sting on Thursday showing the extent to which movie theaters and movie, music, and video game retailers prevent unaccompanied minors from buying tickets to R-rated movies, R-rated DVDs, unrated DVDs of movies that were R-rated in theaters, M-rated video games, and CDs with a parental advisory warning.

The survey found that 20 percent of underage teenage secret shoppers were able to buy M-rated video games, a major improvement from all prior surveys, and down from 42 percent in 2006. While CD and DVD retailers demonstrated some improvement since the earlier survey, roughly half of the 13- to 16-year-olds involved were able to purchase R-rated and unrated movie DVDs and flagged CDs. This shows that retailers need to redouble their efforts, the FTC said.

Although movie theaters have improved since the FTC's 2000 effort, they still sold R-rated movie tickets to unaccompanied children 35 percent of the time, demonstrating no statistically significant improvement in ratings enforcement since 2003, the FTC said. Click here for details.

Posted by Andrew Noyes at 11:43 AM | Comments (0) | TrackBack (0)

Presenting John McCain's Justice Panel

Presumptive Republican presidential nominee Sen. John McCain announced members of his Justice Advisory Committee this week -- a group of 50 attorneys and law professors from around the country. Quite a few on the list will be familiar to tech policy watchers.

▪Michael Abramowicz, a professor at George Washington University Law School and author of several articles about patent reform.

▪Manus Cooney, former Senate Judiciary Committee chief counsel and adviser to the Innovation Alliance.

▪Carol Dinkins, a partner at Vinson & Elkins and previous chair of the controversial White House Privacy and Civil Liberties Oversight Board.

▪Orin Kerr, a professor at George Washington University Law School and expert on computer crime issues.

▪Ed Reines, president of the Federal Circuit Bar Association and partner at Weil Gotshal.

▪Ronald Rotunda, a law professor at George Mason University and nominee to serve on the recommissioned White House Privacy and Civil Liberties Oversight Board.

▪Eugene Volokh, a UCLA law professor who pens the popular Volokh Conspiracy blog.

Posted by Andrew Noyes at 09:49 AM | Comments (0) | TrackBack (0)

Court Slaps TorrentSpy With $110 Mil Judgment

A federal judge in Los Angeles on Wednesday handed down a $110 million judgment for the infringement of thousands of copyrighted motion pictures and television shows and issued a permanent injunction banning the defendant TorrentSpy from further infringement actions.

The win for big Hollywood studios was the second defeat for TorrentSpy in the case. Last year the same court entered a default order and found the Web site's operators liable for copyright infringement. TorrentSpy was shut down in March. A message on the site said it was closed down because "the legal climate in the USA for copyright, privacy of search requests, and links to torrent files in search results is simply too hostile."

“This substantial money judgment sends a strong message about the illegality of these sites,” said Motion Picture Association of America chief Dan Glickman. "The demise of TorrentSpy is a clear victory for the studios and demonstrates that such pirate sites will not be allowed to continue to operate without facing relentless litigation by copyright holders."

Posted by Andrew Noyes at 02:55 PM | Comments (0) | TrackBack (0)

Craigslist Ad Of The Day

A friend and former journalist who left the Fourth Estate to work on Capitol Hill sent along a pretty funny e-mail Wednesday morning about one of my favorite Web sites for blog fodder: Craigslist.org. The classified ad is particularly amusing given Democratic presidential hopeful Sen. Barack Obama's big victory in North Carolina on Tuesday night and Sen. Hillary Clinton's modest win in Indiana.

Free Hillary Clinton Campaign Material (16th and Penn)
________________________________________
Reply to: sale-671432270@craigslist.org
Date: 2008-05-07, 11:07AM EDT

Bumper stickers, yard sign, pins, mugs, folders, letterhead and a large banner. Won't be needing them.

Location: 16th and Penn
it's NOT ok to contact this poster with services or other commercial interests

Posted by Andrew Noyes at 11:40 AM | Comments (0) | TrackBack (0)

FTC Chairman Loves Sports -- And It Shows

Recently anointed FTC Chairman William Kovacic is obviously a sports fan. His breakfast speech to members of the Computer and Communications Industry Association on Wednesday was packed with athletic imagery. On succeeding Deborah Platt Majoras he said: "I feel a bit like the back-up quarterback who has held the clipboard on the sideline, knows the plays… and all of a sudden the starting quarterback is gone and I'm noticing how much faster the game moves when you're out there." He also quoted Hall of Fame Major League Baseball manager Earl Weaver: "It's what you learn after you know it all that counts." Read more about his remarks in CongressDaily's PM edition.

Posted by Andrew Noyes at 11:11 AM | Comments (0) | TrackBack (0)

Gen 'Y' Ready, Willing To Serve

My former Technology Daily colleague Brittany Ballenstedt, now with Government Executive magazine, has an interesting story about new survey results released by the Gallup Organization that shows roughly one-third of young adults seriously would consider a career in public service if asked by a parent or the next president of the United States.

When it comes to exploring jobs in the federal government, respondents said they would be most likely to look at government Web sites as their primary source of information. Of millennials, 11 percent said they would use search engines like Google and Yahoo to learn about federal jobs, compared with 6 percent of those older than 30. Read the full story here.

Posted by Andrew Noyes at 08:43 AM | Comments (0) | TrackBack (0)

Wyden Still Hopeful For Net Neutrality Bill

Sen. Ron Wyden, D-Ore., told us Tuesday that he is "not giving up on this Congress" but the current push for network neutrality legislation may frame the debate for a more fruitful fight in a new Congress with a new presidential administration. Markey's bipartisan bill will be the basis for the most significant action in the coming months, he predicted after speaking to members of the Computer and Communications Industry Association.

"Executives that we've protected under federal law from regulatory pounding and discriminatory taxes say 'now we've got right to charge tolls beyond legitimate fees,'" Wyden told the trade group. The more that telecom firms "use their monopoly power, the more they run the risk of losing immunity protections" granted under Section 230 of the Communications Act and the Internet Tax Freedom Act, which he sponsored.

"The sword cuts both ways," Wyden said, vowing to "take whatever steps necessary on the floor of the U.S. Senate [to protect] equal treatment of bits and bytes across our land."

Posted by Andrew Noyes at 08:03 AM | Comments (0) | TrackBack (0)

Lofgren Sheds Light On Copyright 'Dark Archives'

Rep. Zoe Lofgren, D-Calif., plans to introduce and withdraw several amendments at Wednesday's House Judiciary Courts, the Internet, and Intellectual Property Subcommittee mark up of so-called "orphan works" legislation to spotlight changes that she believes are needed before the bill reaches the House floor. The measure, introduced by the subcommittee's chairman Howard Berman, D-Calif., is aimed at reworking part of U.S. copyright law that deals with musical tracks, writings, images or videos whose owners cannot easily be located.

While she wanted to keep specifics of her amendments under wraps to "maintain the element of surprise," Lofgren said Tuesday that one proposal would erase what has become known as a "dark archives" provision, which would require individuals to notify the Copyright Office of their intention to use an orphan work. The American Library Association and others believe that language would drive up compliance costs and require academics to confer with university lawyers prior to filing submissions with the office.

Rep. Rick Boucher, D-Va., also reportedly has problems with the bill, which is cosponsored by Judiciary Committee Chairman John Conyers, ranking member Lamar Smith and the IP subcommittee's top Republican Howard Coble of North Carolina.

Posted by Andrew Noyes at 11:53 PM | Comments (0) | TrackBack (0)

House Leaders Urge Preservation Of ICANN Role

House Energy and Commerce Committee Chairman John Dingell and ranking member Joe Barton joined 14 other colleagues on Tuesday in sending a letter to Commerce Secretary Gutierrez praising the administration's continued oversight of the international entity charged with administering the Internet.

The lawmakers also asked the Commerce Department to comment on the possibility of an overseas relocation of the Internet Corporation for Assigned Names and Numbers, which is currently based in Marina Del Ray, Calif. Rumors have swirled in recent years that some foreign government and industry stakeholders want ICANN's headquarters to move to Brussels.

The concern comes as ICANN's leaders gradually try to transition the coordination of technical functions of the Web to the private sector. "Any change that threatens the important U.S. role in promoting U.S. commercial and free speech principles on the Internet can only hurt the consumers and businesses that count on this network every day," they wrote.

The letter requests a response to a handful of questions about ICANN's future within two weeks time. While ICANN remains the "best option for reaching consensus in an increasingly divided world," members said the organization should ensure transparency and promote greater accountability in its operations. ICANN constituents meet several times a year and their next meeting is scheduled for June 22-26 in Paris, France.

Posted by Andrew Noyes at 11:50 PM | Comments (0) | TrackBack (0)

Put 'Em In The [IP] Hall Of Fame

The nonprofit Intellectual Property Hall of Fame is seeking nominations for 2008 inductees. The award is designed to honor individuals who have made significant contributions to today’s IP regime and is limited to five inductees this year. The award is sponsored by the U.K.-based Intellectual Asset Management Magazine.

Previous winners include former U.S. commissioner of patents and trademarks Gerald Mossinghoff; U.S. Court of Appeals for the Federal Circuit Judge Pauline Newman; and Microsoft IP Chief Marshall Phelps. Presidents Thomas Jefferson and James Madison were also honored for their insistence that IP rights be specifically safeguarded by the Constitution. (Hat tip to Patently-O for the info).

Posted by Andrew Noyes at 07:44 PM | Comments (0) | TrackBack (0)

Constitutional Flaw Could Impact Patent Rulings

The New York Times ran an interesting story on Tuesday about a George Washington University law professor who has discovered a constitutional flaw in the appointment process over the last eight years for judges who decide patent appeals and disputes. John Duffy's short paper documenting the problem seems poised to undo thousands of patent decisions concerning claims worth billions of dollars.

Since 2000, patent judges have been appointed by a government official without the constitutional power to do so, the paper reports. "I actually ran it by a number of colleagues who teach administrative law and constitutional law," Duffy said, recalling his own astonishment at finding such a chink in the legal armor.

Although a spokesman for the Justice Department would not offer a comment, the agency has already all but conceded that Duffy is right, the article states. Given the opportunity to dispute him in a December appeals court filing, government lawyers said only that they were at work on a legislative solution. Read the full story here.

Posted by Andrew Noyes at 07:28 PM | Comments (0) | TrackBack (0)

Intelligence Office Launches New Site

The Office of the Director of National Intelligence on Tuesday launched a redesigned Web site featuring expanded content, improved navigation tools and a new digital subscription service. The site now includes a "frequently asked questions" section and a gallery of photographs suitable for use by news organizations.

The electronic subscription management feature offers users multiple ways to receive the latest news and information from ODNI, tailored to personal preferences. An RSS feed, for instance, pushes real time information to cellular phones, Web browsers or handheld devices, officials said in a release. Another service sends e-mail alerts when information is posted.

National Intelligence Director Mike McConnell oversees 16 federal organizations that make up the U.S. intelligence community. His office also manages the implementation of the national intelligence program.

Posted by Andrew Noyes at 02:05 PM | Comments (0) | TrackBack (0)

Who's That Gal? Trude Feldman At High-Tech Lunch

Longtime White House reporter Trude Feldman, who is best known in Washington circles for the fact that no one really knew for whom she worked or where her work appeared, turned up at the Computer and Communications Industry Association's annual Washington Caucus at the Willard Hotel on Tuesday -- just in time for lunch (where she pulled up a chair beside Mike McKeehan, Verizon's director of Internet policy).

A recent Fishbowl DC blog post noted the frail but forthright Feldman has frequently been cited in White House transcripts as being associated with "Trans Services" but her last association was with the World Tribune Company. Over the years, the tenacious scribe has interviewed every U.S. president since Lyndon B. Johnson, according to her bio on WorldTribune.com.

Perhaps Feldman now has a penchant for tech policy. She was also spotted at the Consumer Electronics Association's Digital Patriots Dinner last month, which honored Senate Judiciary Committee Chairman Patrick Leahy and House Oversight and Government Reform ranking member Tom Davis.

Posted by Andrew Noyes at 01:42 PM | Comments (0) | TrackBack (0)

Boucher Skips High-Tech Talk

Rep. Rick Boucher, one of the Computer and Communications Industry Association's best friends on Capitol Hill, skipped his scheduled keynote at the trade group's annual Washington Caucus on Tuesday. Sources told Tech Daily Dose that the Virginia Democrat confirmed his attendance Monday night but CCIA President Ed Black announced right before his scheduled timeslot that Boucher had called in sick.

The prominent member of the House Judiciary Courts, the Internet, and Intellectual Property Subcommittee is the sponsor of a bill introduced last February that would amend the Digital Millennium Copyright Act by changing some provisions that ban the use of technologies aimed at defeating IP protections. CCIA was one of the proposal's biggest industry backers in the 110th Congress and in prior sessions.

Boucher has been rumored to be a front-runner for the top spot at the IP subcommittee in the 111th Congress, when its current chairman Rep. Howard Berman, D-Calif., is expected to take the helm at the House Foreign Affairs Committee. CCIA and its high-profile Silicon Valley member companies watch the panel closely and routinely weigh in on its actions.

Posted by Andrew Noyes at 09:45 AM | Comments (0) | TrackBack (0)

Yale Info Society's 9.5 Theses For Tech Policy

Susan Crawford points out on her blog that the Yale Information Society Project recently posted its 9.5 Theses for Technology Policy in the Next Administration:

1. Privacy. Protect human dignity, autonomy, and privacy by providing individuals with control over the collection, use, and distribution of their personal information and medical information.
2. Access. Promote high-speed Internet access and increased connectivity for all, through both government and private initiatives, to reduce the digital divide.
3. Network Neutrality. Legislate against unreasonable discrimination by network providers against particular applications or content to maintain the Internet’s role in fostering innovation, economic growth, and democratic communication.
4. Transparency. Preserve accountability and oversight of government functions by strengthening freedom of information and improving electronic access to government deliberations and materials.
5. Innovation. Restore balance to intellectual property rules and explore alternative incentives to better promote innovation, freedom, access to knowledge, and human development.

Read the full list here.

Posted by Andrew Noyes at 08:26 AM | Comments (0) | TrackBack (0)

Microsoft Cracks Down On Illegal Software Sales

High-tech giant Microsoft on Tuesday announced legal actions against eight software dealers in the United States, Canada, Egypt and the Netherlands that are alleged to have engaged in the illegal sale of unlicensed Microsoft products. The actions came as a result of hundreds of reports to the Microsoft anti-piracy hotline (800) RU-LEGIT (785-3448).

The alleged illegal sales involved the unlawful importation of unlicensed software into North America from multiple dealers overseas. As alleged in the lawsuits, the dealers deceived customers by selling them software without also providing them with the necessary licenses, according to a Microsoft press release.

"We want customers to receive the best possible experience with our products, including the benefits of support and service that come with the purchase of licensed, genuine software," Microsoft attorney Bonnie MacNaughton said. "The unlawful distribution and sale of this software has tangible, negative consequences for the marketplace."

Posted by Andrew Noyes at 08:05 AM | Comments (0) | TrackBack (0)

NY AG Cracks Down On IP Theft (With Tina Fey)

New York Attorney General Andrew Cuomo announced an aggressive new approach to fighting piracy in the Empire State on Monday. Cuomo, who was joined at a press briefing by Motion Picture Association of America chief Dan Glickman and NBC President Jeff Zucker, announced that he is appointing a special intellectual property deputy and is proposing new legislation that would boost penalties for movie theather camcording.

Cuomo's proposal would update the existing illegal recording statute by making it a misdemeanor to either illegally record a film or live performance or use an illegal recording for commercial purposes. First time offenders would face of up to a year in jail and a $1,000 fine and multiple repeat offenders would be charged with a felony and even higher penalties. Currently, the state only charges illegal film recording as a violation and slaps offenders with a small fee.

"New York has become the hub for a criminal network dedicated to film piracy," Cuomo said. The piracy costs the state vital economic resources, including thousands of jobs and millions of dollars in tax revenue, he said, adding: "We are all paying a price for the leniency given to this type of organized crime, and I will not let it continue on my watch."

My obsession with NBC's "30 Rock" requires I mention that the show's star, Tina Fey, was also part of the press conference. "It's discouraging to see the widespread effects piracy has had on our industry," she said in a press release. "Piracy is an issue that is often overlooked, but is one that has an enormous negative impact on every person who works in entertainment, from the stagehands, to the actors, to the producers and so on."

C'mon Tina. That wasn’t a very funny quote. I was expecting something better. When you do these public service announcement type of things you gotta bring your A-game -- like this.

Posted by Andrew Noyes at 03:15 PM | Comments (0) | TrackBack (0)