Tech Daily Dose

FBI Director Lightens Up At Press Club

FBI Director Robert Mueller showed a softer side at the National Press Club on Friday with a speech that largely focused on the mission similarities between law enforcement and the Fourth Estate. Read more about the meatiest parts of his keynote in CongressDaily's PM edition.

He began by quoting New York Times columnist Maureen Dowd: "Wooing the press is an exercise roughly akin to picnicking with a tiger. You might enjoy the meal, but the tiger always eats last." Mueller's own take: "I did enjoy the meal but I am struck with the notion that I am now at the podium and many of you still look quite hungry."

During the question-and-answer session he tackled (and dodged) some pretty serious queries but he also made room for lighter topics. Mueller was asked if the high-tech investigative methods depicted in primetime cop dramas like "CSI" and "Criminal Minds" were realistic. He said they were but the shows make the work look easier than it is -- and they don’t necessarily show the safeguards analysts employ to protect citizens' privacy.

Mueller also revealed that he does not visit social networking sites that have become all the rage. "I guess I can't invite you to be my friend on Facebook?" the questioner asked. "No," he replied.

Posted by Andrew at 03:24 PM | Permalink | Comments (0) | TrackBacks (0)

Read This: Leadership 2.None

I'm giving a shout-out to 463 Communications twice this week but it's kind of worth it. Sean Garrett, the PR firm's main man in San Fran, posted a really interesting missive on the company blog about present-day high-tech leadership in Silicon Valley.

Garrett writes:

A decade ago, we had industry leaders like John Doerr, John Chambers, Jim Barksdale, Reed Hastings, Craig Barrett and so on who put on the hat of industry steward and talked about the growth of the technology industry and the policy issues that would impact it. They weren't necessarily reserving their big keynote addresses or sit-downs with the Wall Street Journal to discuss Kleiner Perkins portfolio companies or Cisco's growth strategy.

Who is doing this in 2008? With a few exceptions, it's pretty much the same people. That's a good thing when considering how well Doerr, Chambers and Barrett do when evocatively connecting the dots between sound policy and innovation that benefits society at large. But, it's also a bad thing when you consider that a whole lot of companies have grown up and a lot of executives have made their marks since then without a contribution to the policy dialogue.

Read the full 463 blog post here.

Posted by Andrew at 09:47 AM | Permalink | Comments (0) | TrackBacks (0)

In Case You Missed It: 'Series Of Tubes' Returns

It had been a while since I thought about Senate Commerce Committee kingpin Ted Stevens' infamous commentary on the Internet, which he described as a "series of tubes." But thanks to CNBC Chief Washington Correspondent John Harwood, all those memories of the "net neutrality" debate in the 109th Congress came rushing back.

Harwood told Jon Stewart on "The Daily Show" on Wednesday that the satirical news program's hilarious treatment of the Stevens rant is mentioned in his new book, "Pennsylvania Avenue: Profiles in Backroom Power," as an example of how the media can be used to spin an issue memorably and humorously out of control.

In honor of that shout-out, I've posted my favorite YouTube remix of the Stevens speech above. Enjoy! I think the net neutrality debate in the 110th Congress is missing a gem like this.

Posted by Andrew at 11:36 PM | Permalink | Comments (0) | TrackBacks (0)

Harry Truman, Herbie Hancock Make History

Librarian of Congress James Billington on Wednesday named 25 additions to the National Recording Registry as part of its efforts to preserve the nation’s aural history. Each year the institution selects recordings that are "culturally, historically, or aesthetically significant" to preserve for all time. Read the press release here.

Some of the selections were:

▪ Harry S. Truman’s 1948 Democratic National Convention speech
▪ 1,000 broadcasts by Ronald Reagan before his presidency
▪ The first trans-Atlantic radio broadcast in 1925
▪ Michael Jackson’s "Thriller"
▪ The "Sounds of Earth" disc that traveled with Voyager through space
▪ Herbie Hancock’s "Headhunters"
▪ One of the few gospel recordings performed by Thomas Dorsey
▪ The first recording of "Call it Stormy Monday, but Tuesday is Just As Bad"

Posted by Andrew at 10:23 PM | Permalink | Comments (0) | TrackBacks (0)

Internet Caucus Dips Toe In 'Net Neutrality' Waters

The Congressional Internet Caucus Advisory Committee will host a luncheon discussion on Thursday featuring a panel of former FTC and FCC officials who will debate how much authority, if any, those agencies have to police alleged "net neutrality" problems -- should they arise. Panelists include Stifel Nicolaus analyst Rebecca Arbogast, Dan Caprio, Kyle Dixon, Harold Furchtgott-Roth, and Christine Varney. Read more here.

Posted by Andrew at 10:10 PM | Permalink | Comments (0) | TrackBacks (0)

Mr. Underwood Goes To Googleland

Independent presidential contender and longtime political activist Ralph Nader, who still uses a manual Underwood typewriter and is not easily dazzled by technological advances, traveled to Google headquarters in Mountain View, Calif. on Monday to make some waves.

Throughout his career, Nader has confronted head-on the downside of nuclear, automobile, genetic engineering and other industrial advances -- and now he's questioning the amount of time Americans spend in front of their computers. [Hey Ralph, it's 9:49 p.m., I'm online and I logged on at 8 a.m. Lock me up.]

A Nader press release asks: "Has Google and the information revolution that it leads made our society better? Or is it just another mass diversion from the reality of the corporate takeover of our democracy?" At Google HQ, Nader took questions for an hour and then sat down for an eight-minute interview with YouTube, which he is unable to view on his silly typewriter.

Posted by Andrew at 09:50 PM | Permalink | Comments (0) | TrackBacks (0)

BlogHer Interviews Former HP Chief Carly Fiorina

Women's online network BlogHer has released an interesting audio interview with former Hewlett-Packard chief Carly Fiorina in which she discusses her leading role in presumptive GOP presidential nominee Sen. John McCain's campaign and shares her perspective on issues ranging from the economy to healthcare.

"The 2008 election is a landmark for women in politics as they have played an integral role as voters, politicians and campaigners. I am proud to be from a country where women can play a vital part in the election process," Fiorina said. Online communities are playing a much larger role this campaign cycle, she added. "With the shift in media consumption, more and more voters are turning to the Web – specifically blogs – for their news."

BlogHer is a non-partisan organization that reaches nine million women each month through its news hub and 1,800 blog affiliates. The full Fiorina interview is available here.

Posted by Andrew at 09:37 PM | Permalink | Comments (0) | TrackBacks (0)

DNC Unveils 'State Blogger Corps'

Democratic National Committee Chairman Howard Dean this week unveiled a list of blogs selected to participate in the 2008 Democratic National Convention's State Blogger Corps. Dean notified the blogs selected via an online video message at www.DemConvention.com.

"Similar to the record-breaking voter turnout our party has seen during the primary season, the demand for these coveted blogger positions is yet another indicator of the tremendous interest in this historic convention," Dean said. "The Internet has played a critical role in connecting Americans to elected officials and candidates seeking office."

More than 400 applications were received from bloggers across the United States and multiple territories. Some of the blogs selected for the State Corps are full-time, professional endeavors while others are the work of individuals, who through their own efforts have become recognized authorities on state and local politics, the DNC said.

See the full list of convention bloggers here.

Posted by Andrew at 09:10 PM | Permalink | Comments (0) | TrackBacks (0)

Dick Armey Goes Ballistic Over Broadcasters

Former Majority Leader Dick Armey came out swinging on Wednesday, offering the National Association of Broadcasters a good old-fashioned Texas butt-kicking over their opposition to a bill that he believes would put AM and FM radio on a level playing field with other music distribution platforms that pay royalties to artists and copyright holders.

At a briefing organized by the MusicFirst coalition, Armey (now employed by DLA Piper) said twin bills offered in the House and Senate would eradicate broadcast radio's longstanding exemption from paying performance royalties. He called the NAB's resistance to the bill "a sad testimony to their lack of professionalism and commitment to the arts and creativity."

First he called upon the Bible ("The holy script says a worker is worthy of his hire and should be paid"); then the nation's Founding Fathers ("The Constitution said people who are creators whether it be inventors or artists should have their rights to their work protected"); then on Howard Roark, the protagonist in "The Fountainhead" and then on William Shakespeare; to make his point.

My spirited colleague Brooks Boliek from The Hollywood Reporter asked Armey how he was a credible source given a story published that day that pointed out what MusicFirst did not -- that he's a lobbyist for the Recording Industry Association of America. Armey snapped: "I just think you're kind of annoying me. If you came in here to grind an ax, grind it somewhere else, because I frankly don’t care what somebody in Hollywood says about my credibility." He later apologized for "flying off the handle."

Posted by Andrew at 08:43 PM | Permalink | Comments (0) | TrackBacks (0)

Librarians Tout DTV Awareness Role

About 400 librarians from around the country have descended on Washington this week for their annual lobbying blitz. In fact, CongressDaily's AM edition includes a fun piece ("Librarians Have Catalog Of Issues To Share With Lawmakers") about their pilgrimage to Capitol Hill.

But before they began Wednesday meetings in the House and Senate, American Library Association President Loriene Roy hosted a press conference to discuss her group's joint effort with the Association of Public Television Stations and PBS to help educate citizens about the rapidly approaching digital TV transition deadline.

While awareness of the Feb. 17, 2009 analog shutoff date is growing, research also shows that many people are confused about what they can do to navigate the transition, the ALA said. As trusted community resources, libraries and public TV stations are uniquely positioned to help get people the information they need. Read more about ALA lobbying efforts here.

Posted by Andrew at 10:13 AM | Permalink | Comments (0) | TrackBacks (0)

Future Of The Internet Was Posh For A Night

The good folks over at 463 Communications know that tech-related parties make for one of my favorite blog topics so I was glad when they sent me this little gem, which I would have seen on their own blog eventually. [Sidebar: I'm not sure why I didn’t think to blog about 463's annual Ocho de Mayo party -- it was a who's who of tech policy flacks, hacks, wonks, etc. at Chef Geoff's in downtown D.C.]

Anyway, 463er Katie Hallen writes:

Arianna Huffington and Melanie Ellison threw a posh soiree for Berkman Center for Internet Society Co-Founder Jonathan Zittrain this past Saturday night in honor of his new book, "The Future of the Internet – And How To Stop It."

Held at the Ellison’s breathtaking, ubermodern Pacific Heights home overlooking Alcatraz and the Golden Gate Bridge, the party was well attended by Silicon Valley celebrities including Melanie’s husband, Larry Ellison, Larry Page and Craig Newmark (sporting an Obama pin).

Others included Mayor Gavin Newsom, Jerry Brown, Phil Bronstein, Yves Behar (designer of the XO laptop), USA Today’s Jon Swartz (co-author of the cybersecurity caper "Zero Day Threat"), and Stanford Law’s Joshua Cohen (leading John Rawls philosopher and editor of the Boston Review). And, myself.

The Wall Street Journal’s Kara Swisher posted this fun video capturing the evening and thoughts on the book. For more, Zittrain discusses the book tonight on Charlie Rose. The Berkman Center is a 463 client.

Posted by Andrew at 08:52 AM | Permalink | Comments (0) | TrackBacks (0)

FTC Revamps CAN-SPAM Rules ... Yum!

The FTC on Monday approved four new rule provisions under the CAN-SPAM Act, a 2004 mandate that set requirements for those who send commercial e-mail and spelled out penalties for inbox outlaws. The changes are intended to clarify the statute's requirements in an age of sophisticated cyber-scams.

Four topics are addressed in the new rule provisions:

(1) An e-mail recipient cannot be required to pay a fee, provide information other than his or her e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet Web page to opt out of receiving future e-mail from a sender.

(2) The definition of “sender” was modified to make it easier to determine which of multiple parties advertising in a single e-mail message is responsible for complying with the act’s opt-out requirements.

(3) A “sender” of commercial e-mail can include an accurately-registered post office box or private mailbox established under U.S. Postal Service regulations to satisfy the act’s requirement that a commercial e-mail display a “valid physical postal address.”

(4) A definition of the term “person” was added to clarify that CAN-SPAM’s obligations are not limited to natural persons.

In addition, the FTC's statement of basis and purpose accompanying the final rule addresses a number of topics that are not the subject of any new rule provisions. Click here to read the full press release with more details.

(Spam Photo Credit: Benny Yap via Flickr)

Posted by Andrew at 10:07 AM | Permalink | Comments (0) | TrackBacks (0)

YouTube, Twitter Augment China Earthquake Coverage

From the Silicon Valley Insider:

Want to know what that giant earthquake in China's remote Sichuan looked like? Better yet, want to know what it's like to experience a 7.8 magnitude quake? Someone claiming to be a Sichuan University student posted a video to Tudou, where it's No. 2 on the homepage, and it was reposted on YouTube. The video shows interminable shaking, creaking and groaning of what appears to be a college dorm.

Plus the Insider notes that search engine Summize shows lots of Twittering about the earthquake; unclear how many of the Twitters are actually near quake-affected areas. More coverage: U.K. Telegraph, Poynter Online.

Posted by Andrew at 08:59 AM | Permalink | Comments (0) | TrackBacks (0)

Music Group Tries To 'Demystify' Rights

The 320,000-member American Society of Composers, Authors and Publishers published a position paper last week to "demystify the basic rights of music creators" amid growing confusion and concern around music copyright issues. The topic has been a recent favorite on Capitol Hill.

The paper helps define a "right" and copyright basics; and explains the meaning of "performing rights." It also asks the gazillion-dollar question: "Are rights still relevant in the digital age?" The document also includes a "Bill of Rights for Songwriters and Composers," which has collected over 6,000 signatures in support to date online.

The document centers around 10 core principles like: "We have the right to be compensated for the use of our creative works, and share in the revenues that they generate." In addition to the flurry of online signatures, a number of prominent musicians have backed the effort, including Lionel Richie, Stacy "Fergie" Ferguson and Justin Timberlake.

If they haven’t already, the group might want to send a copy of the position paper and bill to the 200-plus members of the House who have signed a resolution to fight legislation to nix an exemption granted to AM and FM radio stations that allows them to broadcast music without paying royalties.

A similar effort just began in the Senate. Read more about it CongressDaily's AM edition on Tuesday.

Posted by Andrew at 10:16 PM | Permalink | Comments (0) | TrackBacks (0)

House Science Committee Visits The Lone Star State

The House Science Committee on Monday held a field hearing in ranking member Ralph Hall's congressional district that focused on how to engage students in math and science at an early age. At the Texarkana, Texas event, Chairman Bart Gordon pledged to continue to advocate for "the best tools and technologies in our classrooms in order to grow a new generation of innovators to compete in this new global economy."

"The United States’ economy will depend on having a highly skilled workforce in order to compete globally," Gordon said in a statement. "We have enormous responsibility to support younger students’ growth, to stimulate their interest, and to ensure that they are prepared for higher level work in subsequent grades and beyond.”

Witnesses included officials from the National Science Foundation; Texas A&M University; the Texarkana Independent School District; North Heights Junior High School; and aluminum manufacturer Alcoa.

Posted by Andrew at 04:53 PM | Permalink | Comments (0) | TrackBacks (0)

Google's Patent Search Out Of Date

IP Law360.com reports:

Attorneys looking to track down more details on U.S. patents issued this year may have trouble relying on Google Patent Search. The Mountain View, Calif.-based search engine launched its user-friendly beta Web site, www.google.com/patents, in December 2006 to make information on the United States’ seven million patents more accessible, but has not updated the site since Jan. 1. So Googlers, what gives?

Posted by Andrew at 08:48 AM | Permalink | Comments (0) | TrackBacks (0)

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 at 02:09 PM | Permalink | Comments (0) | TrackBacks (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 at 11:47 AM | Permalink | Comments (0) | TrackBacks (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 at 09:09 AM | Permalink | Comments (0) | TrackBacks (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 at 11:43 AM | Permalink | Comments (0) | TrackBacks (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 at 09:49 AM | Permalink | Comments (0) | TrackBacks (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 at 02:55 PM | Permalink | Comments (0) | TrackBacks (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 at 11:40 AM | Permalink | Comments (0) | TrackBacks (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 at 11:11 AM | Permalink | Comments (0) | TrackBacks (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 at 08:43 AM | Permalink | Comments (0) | TrackBacks (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 at 08:03 AM | Permalink | Comments (0) | TrackBacks (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.

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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 at 11:50 PM | Permalink | Comments (0) | TrackBacks (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 at 07:44 PM | Permalink | Comments (0) | TrackBacks (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 at 07:28 PM | Permalink | Comments (0) | TrackBacks (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.

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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.

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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.

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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.

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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."

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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.

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FTC Hosts Mobile Marketplace Forum This Week

The FTC will host a town hall meeting this week to explore the mobile marketplace and its implications for consumer protection policy. Industry experts, academics, consumer advocates, privacy professionals and government analysts will discuss the use of text messaging and related services as instruments of commerce and consumers' ability to control mobile applications at the two-day event, which begins Tuesday.

Other topics include the adaptation of advertising to mobile devices (including challenges presented by small screen disclosures); applications targeting children and teens; industry best practices in preventing fraud, disclosing costs, and resolving billing disputes; security threats and solutions; and next-generation products and services.

Officials from Google, Nokia, Sprint-Nextel, Verizon, Yahoo, wireless association CTIA, and others will take part in the forum. The full agenda can be found here.

(Photo Credit: KB35 via Flickr)

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Weekend Buzz: No More MicroHoo

Microsoft announced over the weekend that has withdrawn its offer to acquire Internet giant Yahoo for roughly $5 billion. "After careful consideration, we believe the economics demanded by Yahoo do not make sense for us, and it is in the best interests of Microsoft stockholders, employees and other stakeholders to withdraw our proposal," Microsoft CEO Steve Ballmer said in a statement.

"We have a talented team in place and a compelling plan to grow our business through innovative new services and strategic transactions with other business partners," Ballmer said. "While Yahoo would have accelerated our strategy, I am confident that we can continue to move forward toward our goals."

Roy Bostock, chairman of Yahoo issued a response reiterating that "our independent board and our management have been steadfast in our belief that Microsoft's offer undervalued the company and we are pleased that so many of our shareholders joined us in expressing that view." Yahoo CEO Jerry Yang added: "With the distraction of Microsoft's unsolicited proposal now behind us, we will be able to focus all of our energies on executing the most important transition in our history."

Stanford Group analyst Clay Moran believes Yahoo missed a good opportunity and he expected the firm's stock to drop significantly on Monday. "We believe this is good for Microsoft’s stock in the near term not only due to the unwinding of arbitrage positions, but also as it likely represented its best option under the circumstances," he added.

The result of the deal's demise makes Google the big winner, Moran said. The company's two largest competitors remain separate, thus entrenching its dominant position, and Yahoo may be pressured to further pursue a search outsourcing agreement with Google.

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White House Honors Math, Science Teachers

(Photo Credit: David Bohrer/White House)

Ninety-nine educators from around the country have been awarded the annual Presidential Award for Excellence in Mathematics and Science Teaching for 2007. The teachers, who each get a certificate and $10,000 educational grant to be used over a three-year period, will be recognized during a ceremony on Friday evening hosted by National Science Foundation Director Arden Bement.

While in Washington this week, the teachers visited the White House and were slated to meet a NASA astronaut as well as members of Congress and the Bush administration to discuss hot topics in math and science teaching. A little bird tells us the group had been promised a snapshot with POTUS himself but he was busy chatting up the New York Giants who stopped by the South Lawn the same day. Instead, the teachers posed for a photo-op with Vice President Dick Cheney.

Click here for the press release and here for a larger Cheney pic.

Update: An administration official pointed out that Bush met with the award winners in 2001, 2004, 2005, 2006 and 2007 and First Lady Laura Bush met with them in 2003 and 2007. Cheney met with the recipients in 2002 and again this year. According to the source, former President Bill Clinton never (or rarely) met with them.

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DeborahJeanePalfrey.com Found Dead

The woman believed to be the so-called "D.C. Madam" was reportedly found dead Thursday in a shed near hear mother's Florida mobile home. The madam, Deborah Jeane Palfrey, was recently convicted on federal charges stemming from operating a prostitution service in the nation's capital with a number of high-profile clients. Her sentencing was scheduled for July 24.

The news prompted me to visit Palfrey's personal Web site where she previously posted a copy of her escort service records (all 46 pounds of them). The site, which was created in February 2007 and is registered to Palfrey's attorney, Montgomery Blair Sibley, is now blank except for a line that eerily reads: "deborahjeanepalfrey.com is off line until further notice."

It is unclear when the site was wiped clean. Deborahjeanepalfrey.com had a traffic rank of 3,463147366,946 on analytics site Alexa.com.

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FTC Complaint Ends Cross-Border Telemarketing Scam

At the request of the Federal Trade Commission, a federal court in Illinois has entered a final order and default judgment against a group of individual and corporate defendants based in Ontario, Canada, for their role in a cross-border telemarketing scheme involving credit card offers and free cellular telephone offers. The defendants, collectively known as Pacific Liberty, are liable for about $5 million -- the total net sales they made.

The case was brought with the help of the U.S. Postal Inspection Service and the Toronto Strategic Partnership, which consists of the FTC, Competition Bureau Canada and various law enforcement agencies. Canadian regulators filed criminal charges against two of the defendants in September 2007. One got a year in jail and another received a six-month conditional sentence. Both were barred from telemarketing for 10 years. Read more about the case here.

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Nip/Tuck Infomercial Complaints Spur Lawsuit

Watchdog group Public Citizen will argue in federal court in Detroit on Friday that a Michigan court should dismiss a lawsuit against a Web site operator who provided a forum for consumers of infomercial products. Arizona resident Justin Leonard created InfomercialScams.com, which allows users to read and post reviews.

One of the companies reviewed on the site, a Michigan-based cosmetic surgery company known as Lifestyle Lift Holding Inc., claimed Leonard’s site violates trademark law by using the firm's name to identify reviews of its cosmetic procedure. Public Citizen attorney Paul Alan Levy will urge the court to dismiss Lifestyle Lift's case because the First Amendment protects the mention of the company’s trademark on Leonard’s site.

One of the 50+ reviewers complained: "I just wanted my jowls done, but the doctor recommended my neck also. My jowls were improved slightly, my neck is more wrinkled than it ever was." Another said: "I lost my hearing in my right ear. I called and they said it was just some swelling and would eventually go down. Well, it has been 6 months now, and I still can't hear out of my right ear." Wowza!

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Brand Owners Urged To 'Say ICANN'

The Coalition Against Domain Name Abuse planned to send an e-mail to thousands of brand owners on Thursday urging them to get involved in the Internet Corporation for Assigned Names and Numbers, the global body that administers the World Wide Web.

The group's cleverly phrased May Day message, "Say ICANN," is aimed at curbing abusive practices of certain Internet registrars and registrants, Tech Daily Dose has learned. "Suspicious new registrar activities such as domain front running and the proposal of a new voting structure that will strengthen the strangle hold that registrars and registries have on the ICANN process necessitate immediate action on the part of brand owners," the e-mail said.

Recently, concerns have been raised about domain name "tasting" and "kiting." Tasting is when an entity registers several Web addresses and exploits a five-day grace period, during which names can be returned for refunds. Kiting is repeatedly adding and dropping domains to avoid registration costs while making money off pay-per-click links.

Four CADNA members -- AIG, Dell, Eli Lilly, and DirecTV -- have already answered the call by pledging to join ICANN’s business constituency, officials said. "Currently, domain industry insiders dominate ICANN’s membership and often sway decisions in their favor," the e-mail argues. ICANN's next meeting will take place in Paris, France in June.

According to ICANN's business constituency site, its membership outreach already extends directly to over 50,000 companies and indirectly to over 1.5 million companies worldwide. Some big-name members include eBay, Microsoft, News Corp., Nokia, Walt Disney Co., Time Warner, and Verizon.

View CADNA's "Say ICANN" page here.

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