[Cybertel-Ann] 4.27.4 :: Broadband Methodology Challenged (FCC or OECD?) :: Fish in Trees! :: How Dave Spent His Sat Nite ::

Fri Apr 27 10:56:58 PDT 2007

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      Federal Internet Law and Policy
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“No one is so foolish as to prefer to peace, war, in
which, instead of sons burying their fathers, fathers
bury their sons.”  ---Croesus, King of Lydia, in
Herodotus’ The Persian Wars

Why We Have No National Broadband Policy - Because we
can't even agree there's a problem, Broadband Reports,
4/27/2007 
The OECD global broadband rankings released earlier
this week showed the United States dropped further
when it comes to broadband penetration. The
politicized and polar response to the report is a
prime example of why the nation has no broadband...
http://www.dslreports.com/shownews/83339
More Info: http://www.cybertelecom.org/broadband/

State Department Letter on OECD Study on Broadband
Use, State, 4/27/2007 
we are concerned about the methodology on which the
new statistics were based, and their failure to
capture important factors, particularly their reliance
on user subscriptions as the measure of broadband use
. For this analysis to be sensitive to the variance in
OECD members' demographics, geography and
technological trends, we believe the OECD must take
into consideration, among other important factors, the
remarkable non-subscriber access to broadband services
achieved in the United States and in other member
economies.
http://www.ntia.doc.gov/ntiahome/press/2007/State_OECD_042407.pdf
More Info: http://www.cybertelecom.org/broadband/

NTIA Fact Sheet on Broadband Use in the United States,
NTIA, 4/27/2007 
In their recent announcement ranking countries on
their broadband penetration, the Organization for
Economic Co-Operation and Development (OECD) fails to
take into consideration tens of millions of United
States broadband users, including students, employees
of corporations and United States Government
employees, to name a few.  Additionally, by neglecting
to count mobile wireless in its broadband numbers, the
OECD overlooks the fastest growing segment of
broadband subscriptions in the marketplace today.  The
Administration will work with OECD in identifying
these methodology shortfalls.
http://www.ntia.doc.gov/ntiahome/press/2007/ICTleader_042407.html
More Info: http://www.cybertelecom.org/broadband/

Open Access Included in Spectrum Notice! Fish In
Trees! Rivers Running Uphill!, Tales from the Sausage
Factory, 4/27/2007 
Yesterday, I wrote, with regard to whether the FCC's
Further Notice on the 700 MHz Spectrum Auction would
include questions on our open access proposal: I think
our chances of moving forward to the next round are
pretty close to zero. OTOH, I ...
http://www.wetmachine.com/item/783
More Info:
http://www.cybertelecom.org/broadband/wireless.htm

We Live To Fight Another Day!, PK, 4/27/2007 
The members of the Public Interest Spectrum Coalition,
which includes PK, held our collective breath for
almost 12 hours today before finding out that the FCC
will indeed seek comment on all of the issues we
raised in our filings urging specific auction and
service...
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/112026506/919
More Info:
http://www.cybertelecom.org/broadband/wireless.htm

FCC Punts on 700 MHz rulemaking, Gigaom, 4/27/2007 
In a rare late-night version of its monthly open
meeting, the FCC Wednesday punted on making any first
drafts of important rules for the upcoming 700 MHz
spectrum auctions, instead pushing back some of the
more-controversial elements to allow for more public
comment as well as the...
http://feeds.feedburner.com/~r/OmMalik/~3/112020744/
More Info:
http://www.cybertelecom.org/broadband/wireless.htm

Builder sues Web site and Google over posting, Newark
Star, 4/27/2007 
Anonymous message complained of poor construction in
North Jersey developments
http://www.nj.com/news/ledger/jersey/index.ssf?/base/news-6/1177649121320780.xml&coll=1
More Info:
http://www.cybertelecom.org/cda/samaritan.htm

Referencing TM in Online Ad Copy May Be TM Use in
Commerce--Hamzik v. Zale, Tech & Marketing Law,
4/27/2007 
Hamzik v. Zale Corp./Delaware, 2007 WL 1174863 (NDNY
April 19, 2007) Another lawsuit against an advertiser
for...
http://blog.ericgoldman.org/archives/2007/04/referencing_tm.htm
More Info:
http://www.cybertelecom.org/ecom/advertising.htm

Congressman Bucks Net Gambling Ban, Ecommerce Times,
4/27/2007 
The chairman of a powerful Congressional committee
filed a bill Thursday that aims to repeal the ban on
Internet gambling passed last year. Rep. Barney Frank,
chairman of the House Financial Services Committee,
filed the measure Thursday morning....
http://www.ecommercetimes.com/rsstory/57092.html
More Info:
http://www.cybertelecom.org/ecom/gambling.htm

EarthLink to evaluate performance of muni Wi-Fi
business, MuniWireless, 4/27/2007 
EarthLink will be looking closely at the performance
of its municipal wireless broadband business in
Philadelphia, Milpitas, Anaheim and New Orleans before
plunging ahead with new projects elsewhere. But what
would make a city attractive to

http://feeds.feedburner.com/~r/muniwireless/~3/112352724/
More Info:
http://www.cybertelecom.org/industry/earthlink.htm

A Saturday Night With Verizon Techs - David Isenberg
blogs his FiOS and DSL adventure, Broadband Reports,
4/27/2007 
Former AT&T Labs technician and networking expert
David Isenberg (who?) has been blogging his experience
with Verizon FiOS, and comments on his recent Verizon
DSL installation:"I spent over two and a half hours of
my Saturday night with the nice

http://www.dslreports.com/shownews/83319
More Info:
http://www.cybertelecom.org/industry/verizon.htm

Malaysia To Set Up Government Agency To Respond To
Blogs, Techdirt, 4/27/2007 
Over the last few weeks we've been following the
hubbub in Malaysia, where some government officials
were quite upset with some bloggers leading to at
least two bloggers being sued and the possibility of
forcing bloggers to register with the...
http://techdirt.com/articles/20070426/011631.shtml
More Info: http://www.cybertelecom.org/intl/

Jack Valenti, former head of MPAA, dies, CNET,
4/27/2007 
Lobbyist dies weeks after suffering stroke, according
to the Los Angeles Times.
http://news.com.com/8301-10784_3-9713065-7.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/ip/

Bill Could Save Internet Radio - From new royalty rate
dealine and extinction, Broadband Reports, 4/27/2007 
As recently mentioned, webcasters are fighting for
their lives against a new RIAA-lobbied royalty rate
system that will leave most operators unable to
sustain themselves. Their D-Day is May 15, when they
will need to begin paying the higher rates,...
http://www.dslreports.com/shownews/83358
More Info: http://www.cybertelecom.org/ip/carp.htm

Congress may loosen noose on internet radio, Register,
4/27/2007 
Don Manzullo (R-IL) have headed the "Internet Radio
Equality Act," which aims to stop the controversial
March 2 decision which puts royalty of a .08 cent
per...
http://www.theregister.co.uk/2007/04/27/internet_radio_equality_act_introduced/
More Info: http://www.cybertelecom.org/ip/carp.htm

Lawmakers propose reversal of Net radio fee increases,
CNET, 4/27/2007 
Congressional bill seeks to overturn a decision that
Internet radio advocates say will cripple their
services by raising royalty fees.
http://news.com.com/2100-1028_3-6179627.html?part=rss&tag=2547-1_3-0-20&subj=news
More Info: http://www.cybertelecom.org/ip/carp.htm

Support the Internet Radio Equality Act!, Tales from
the Sausage Factory, 4/27/2007 
According to this article, Rep. Inslee (D-WA) and Rep.
Manzullo (R-IL) have introduced The Internet Radio
Equality Act. From my brief reading, it nullifies the
previous decision of the Copyright Royalty Board that
started this mess, replaces the ..
http://www.wetmachine.com/item/785
More Info: http://www.cybertelecom.org/ip/carp.htm

It Takes A Court To Explain That Downloads Aren't
Public Performances?, Techdirt, 4/27/2007 
It's no secret that copyright law is a bit out of step
with the times these days, and probably could use a
massive rewrite. The problem is that Congress is
continually retrofitting it with changes and additions
that tend to lead to even more...
http://techdirt.com/articles/20070425/225921.shtml
More Info:
http://www.cybertelecom.org/ip/copyright.htm

S.D.N.Y.: A Music Download Is Not A Public
Performance, Goe Gratz, 4/27/2007 
Let’s say you download a song from the iTunes Music
Store. Everybody agrees that you’ve made a copy of the
song: it’s sitting right there on your hard drive.
But, in transmitting the song to you, did Apple
publicly perform the...
http://www.joegratz.net/archives/2007/04/26/sdny-a-music-download-is-not-a-public-performance/
More Info:
http://www.cybertelecom.org/ip/copyright.htm

Laura Quilter and Marjorie Heins, INTELLECTUAL
PROPERTY AND FREE SPEECH IN THE ONLINE WORLD: How
Educational Institutions and Other Online Service
Providers Are Coping with Cease and Desist Letters and
Takedown Notices, Brennan Center for Justice,
4/27/2007 
Following up on our 2005 report, Will Fair Use
Survive?,1 the Free Expression Policy Project
undertook a survey of 25 online service providers to
learn how they handle notices asking them to remove
material that the sender alleges violates her
copyright or trademark rights. These notices typically
take
the form of either “cease and desist” letters or
takedown notices sent in accordance with § 512 of the
Copyright Act.
http://fairusenetwork.org/resources/OSPreport-2007.pdf
More Info: http://www.cybertelecom.org/ip/dmca.htm

Repeating The Claim That DRM Enables Things Won't Make
It True, Techdirt, 4/27/2007 
One of manufacturers and supporters of DRM's favorite
lines is about how DRM "enables" all sorts of
wonderful new things, when it simply isn't true. DRM
makes nothing possible in and of itself, it merely
exists to frustrate users and lock down...
http://techdirt.com/articles/20070425/170406.shtml
More Info: http://www.cybertelecom.org/ip/flag.htm

Outlawed at Ohio U: P2P file sharing, CNET, 4/27/2007 
School claims P2P networks take up too many resources
on the network.
http://news.com.com/8301-10784_3-9712777-7.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/ip/p2p.htm

Joost signs major advertisers for Web TV plan, Globe
and Mail, 4/27/2007 
Service still in testing mode ahead of public
introduction expected some time in coming months
http://feeds.feedburner.com/~r/TheGlobeAndMail-Technology/~3/112195319/
More Info: http://www.cybertelecom.org/media/

Botnet Briefing, Freedom to Tinker, 4/27/2007 
Yesterday I spoke at a Washington briefing on botnets.
The event was hosted by the Senate Science and
Technology Caucus, and sponsored by ACM and Microsoft.
Along with opening remarks by Senators Pryor and
Bennett, there were short briefings by...
http://www.freedom-to-tinker.com/?p=1150
More Info:
http://www.cybertelecom.org/security/worms.htm

Anti-Spam Company Files Billion Dollar Spam Lawsuit,
Information Week, 4/27/2007 
Unspam Technologies is seeking damages on behalf of
the members of Project Honey Pot, based on the
CAN-SPAM Act.
http://www.informationweek.com/news/showArticle.jhtml?articleID=199201996
More Info:
http://www.cybertelecom.org/spam/enforce.htm

Targeting Spam at the Source, Wash Post, 4/27/2007 
A company representing Internet users in more than 100
countries filed a federal lawsuit yesterday seeking
the identities of people responsible for collecting
millions of e-mail addresses on behalf of spammers.
http://www.washingtonpost.com/wp-dyn/content/article/2007/04/26/AR2007042602479.html?nav=rss_technology
More Info:
http://www.cybertelecom.org/spam/enforce.htm

Committee Passes VoIP/Public Safety Bill with Stevens
Provisions, Senate, 4/27/2007 
The Senate Committee on Commerce, Science and
Transportation today approved S. 428, the IP-Enabled
Voice Communications and Public Safety Act, with
several key provisions authored by Senator Ted Stevens
(R-Alaska), Vice Chair of the Senate Commerce
Committee.  The measure would require Internet
telephone companies to offer enhanced 911 services to
all subscribers. This legislation ensures that those
Americans using Voice-over Internet Protocol (VoIP)
services can dial 911 during an emergency. The bill
now moves to the Senate where it awaits consideration.
http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=248797
More Info: http://www.cybertelecom.org/voip/911.htm

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