[Cybertel-Ann] 4.28.8 :: BPL Takes a Strike :: No Stolen Base in D Block :: Good Samaritan Hitting .230 :: AT&T Calls Foul Ball :: Ticket Prices Going Up Again at Verizon Park ::

Mon Apr 28 18:53:44 PDT 2008

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      Federal Internet Law and Policy
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A newspaper is a device unable to discriminate between
a bicycle accident and the collapse of civilization.
-- George Bernard Shaw 

FCC RELEASES AGENDA FOR APRIL 29, 2008, STAKEHOLDER
WORKSHOP ON TEN-DIGIT NUMBERING SOLUTIONS FOR
INTERNET-BASED TELECOMMUNICATIONS
RELAY SERVICES., FCC
News Release. News Media Contact: Rosemary Kimball at
(202) 418-0511, email: Rosemary.Kimball at fcc.gov  CGB.
Contact Alan  Amann
at (866) 284-1485, email: Alan.Amann at fcc.gov or
Gregory Hlibok at (800) 311-4381, email:
Gregory.Hlibok at fcc.gov
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-281748A1.doc
More Info: http://www.cybertelecom.org/ada/fcc.htm

FCC dealt setback in broadband-over-power-lines push,
CNET
After legal challenge from amateur radio operators,
appeals court tells federal regulators to revisit
rules designed to speed rollout of new Internet
service while preventing interference.
http://www.news.com/8301-10784_3-9930223-7.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info:
http://www.cybertelecom.org/broadband/power.htm

Court Agrees with ARRL in FCC BPL Issue - BPL can now
move forward with better guidelines, dslreports
The ARRL has spent nearly a year battling the FCC
regarding its failure to follow guidelines regarding
BPL interference. The U.S. Court of Appeals reached a
decision on the matter yesterday, agreeing with the
ARRL on a couple of its major points. In response to
the decision, ARRL s General Counsel issued a
statement saying:
http://www.dslreports.com/shownews/Court-Agrees-with-ARRL-in-FCC-BPL-Issue-93923
More Info:
http://www.cybertelecom.org/broadband/power.htm

FCC May Re-Auction D-Block Later This Year -
Discussion about the rules is on the May agenda,
dslreports
FCC Chief Kevin Martin has announced that the FCC s
May agenda includes discussion of what to do with the
D-Block spectrum which failed to sell at the 700 MHz
auction earlier this year. The discussion will review
all of the rules associated with auctioning the public
safety spectrum including whether it is necessary to
lower the reserve price in order for a sale to take
place. It will also take a close look at allegations
regarding pre-auction meetings that Cyren Call (which
is the Public Safety Spectrum Trust s advisor)
reportedly engaged in, a matter that is also being
reviewed by Congress. This discussion is
http://www.dslreports.com/shownews/FCC-May-ReAuction-DBlock-Later-This-Year-93927
More Info:
http://www.cybertelecom.org/broadband/w700.htm

FCC: Bid Interference Did Not Happen, Internet News
Report exonerates adviser in the recent wireless
auction.
http://feeds.feedburner.com/~r/InternetnewsRealtimeNewsForItManagers/~3/279452923/3743281
More Info:
http://www.cybertelecom.org/broadband/w700.htm

MAP Statement in Response to Inspector General Report
on D Block, MAP
We are pleased that the Commission responded swiftly
and thoroughly to our request for an investigation.
The Inspector General Report resolves critical
questions as to whether Cyren Call, PSST, or potential
bidders violated the Commission’s rules or acted with
improper motives in the period before the auction.
Happily, it appears no rules were broken. These facts
could not have been established with certainty without
the IG investigation.
http://www.mediaaccess.orghttp//www.mediaaccess.org/press-room/map-statement-in-response-to-inspector-general-report-on-d-block
More Info:
http://www.cybertelecom.org/broadband/w700.htm

Public Knowledge Statement on FCC Inspector General
Report, PK
Public Knowledge Statement on FCC Inspector General
Report
Earlier today, the Inspector General of the Federal
Communications Commission released a report on the
bidding for the D Block in the recent spectrum
auction. The report is here.
For background, please refer to this blog post that
discussions some of the same issues as the IG report:
http://www.publicknowledge.org/node/1479
The following is the statement of Gigi B. Sohn,
president and co-founder of Public Knowledge:
http://feeds.publicknowledge.org/~r/publicknowledge-main/~3/277903115/1540
More Info:
http://www.cybertelecom.org/broadband/w700.htm

It's Nice When the FCC Listens Part II — The Cyren
Call Investigation Is Out., Tales from the Sausage
Factory
When it rains, it positively pours. The FCC just
released its Inspector General Report on whether Cyren
Call screwed up the D Block. As readers may recall, I
and my friends from the Public Interest Spectrum
Coalition (PISC) sent a letter to the ...
http://www.wetmachine.com/item/1166
More Info:
http://www.cybertelecom.org/broadband/w700.htm

47 USC 230 Trifecta of Cases--Friendfinder,
e360insight, iBrattleboro, Tech & Marketing Law
47 USC 230 cases have been coming at such a rapid clip
that I've fallen behind. In

http://blog.ericgoldman.org/archives/2008/04/47_usc_230_trifecta.htm
More Info:
http://www.cybertelecom.org/cda/samaritan.htm

Court Grants CDA Immunity for ISP Spam-Blocking, Tech
Law Update
In the world of NFL football, certain prohibited
blocking techniques done by the offense, such as
clipping, chop blocking, and illegal blocking from
behind, are penalized if the referee sees it on the
field and throws a flag. However, in...
http://brownraysman.typepad.com/technology_law_update/2008/04/court-grants-cd.html
More Info:
http://www.cybertelecom.org/cda/samaritan.htm

AT&T To Vuze: We Don't Throttle BitTorrent - Nor do we
use false reset messages like Comcast
, dslreports
`Last week P2P client developers Azureus/Vuze released
data they collected from a new Azureus plugin. That
plugin detects the total number of network
interruptions from false RST TCP packets, with some
highly contested results. As we've covered
extensively, Comcast uses false RST TCP packets to
throttle upstream P2P traffic. The Azureus data ranked
ISPs by the percentage of network interruptions caused
by these packets, though the data doesn't discern
between routine or intentional disruptions.
http://www.dslreports.com/shownews/ATT-To-Vuze-We-Dont-Throttle-BitTorrent-93955
More Info:
http://www.cybertelecom.org/ci/neutralp2p.htm

.ORG pushes forward with DNSSEC, IGP
In early April, Public Interest Registry (PIR)
submitted a service proposal announcing its intention
to begin offering secure DNS extensions in the 4th
quarter of 2008, and seeking to amend its registry
contract with ICANN. If approved by ICANN, .ORG would
likely be the Internet’s first secure production gTLD
zone. One interesting wrinkle is PIR's proposed
language regarding data escrow of DNSSEC related data,
specifically key material. PIR's request is another
testament to the strength of a distributed, and not
centralized, approach to DNSSEC.
http://feeds.feedburner.com/~r/IGPBlog/~3/277793733/3659794.html
More Info:
http://www.cybertelecom.org/dns/security.htm

Top-Level Domains .arpa, .org, and .uk Adopting
DNSSEC, CircleID
The Internet is slowly inching closer to ratcheting up
the security of its Domain Name System (DNS) server
architecture: The Internet Corporation for Assigned
Names and Numbers (ICANN ) plans to go operational
with DNSSEC later this year in one of its domains.
http://www.circleid.com/posts/arpa_org_and_uk_adopting_dnssec/
More Info:
http://www.cybertelecom.org/dns/security.htm

Court Says Keyword Metatags Don't Matter--Standard
Process v. Banks, Tech & Marketing Law
Standard Process, Inc. v. Banks, 2008 WL 1805374 (E.D.
Wis. April 18, 2008) SEOs and SEMs have...
http://blog.ericgoldman.org/archives/2008/04/court_says_keyw.htm
More Info:
http://www.cybertelecom.org/ecom/advertising.htm

Tennessee Department of Revenue Letter Ruling No.
08-29 (tax on DSL service), Tenn
Sale and Use tax imposed on Layer 2 transmission
service provided to end user that owns own POP
http://www.state.tn.us/revenue/rulings/sales/08-29.pdf
More Info: http://www.cybertelecom.org/ecom/tax.htm

USA Choice Internet Services, LLC v. US, (Fed. Cir.
April 15, 2008), Fed Cir
The government appeals from a final judgment of the
United States Court of Federal Claims following an
order granting USA Choice Internet Services, LLC (“USA
Choice”) a refund of communications excise taxes paid
from January 1999 through April 2002 on various
communication services purchased from local telephone
companies. USA Choice Internet Servs., LLC v. United
States, 73 Fed. Cl. 780 (2006). Because we hold that
USA Choice’s incoming-only phone lines meet the
definition of “local telephone service,” 26 U.S.C. §
4252(a), and because none of the lines at issue fall
within the “private communication service” exception,
§ 4252(d), we reverse.
USA Choice Internet Services, LLC v. US
More Info: http://www.cybertelecom.org/ecom/tax.htm

Are wired kids well served by schools?, CNET
New generation is self-publishing, programming, and
pushing the boundaries of what can be done online. But
they're not learning how to do it in school, research
shows.
http://www.news.com/8301-10784_3-9928174-7.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/education.htm

Verizon Raising FiOS Prices Again Soon - Sometime this
quarter by an unspecified amount
, dslreports
Discussing this morning's earnings, Verizon CFO Doreen
Toben told investors, analysts and reporters on a
conference call today that FiOS users can expect a new
round of price hikes this quarter. "You may recall we
increased prices for selected products in the first
quarter last year," said Toben while discussing FiOS
(see transcript (pdf)). "We anticipate increasing
prices once again in certain products and bundles in
the second quarter this year." Which FiOS products and
bundles was not specified.
http://www.dslreports.com/shownews/Verizon-Raising-FiOS-Prices-Again-Soon-93958
More Info:
http://www.cybertelecom.org/industry/verizon.htm

Saudi blogger freed, CNET
"Godfather" of Saudi blogging, who'd been held without
charge since mid-December, was warned about his
activist bent before the Saudi government arrested
him.
http://www.news.com/8301-10784_3-9929750-7.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info: http://www.cybertelecom.org/intl/me.htm

State v. Shirley Reid (Cape May County and Statewide)
(NJ Sup Ct April 21 2008), NJ Sup Ct
ISP subscriber has reasonable expectation of privacy,
necessitating a subpoena
http://www.judiciary.state.nj.us/opinions/supreme/A-105-06%20State%20v%20Shirley%20Reid.pdf
More Info:
http://www.cybertelecom.org/security/bigbrother.htm

FBI's Net surveillance proposal raises privacy, legal
concerns, CNET
Director Mueller's suggestion this week that
"legislation has to be developed" for Internet
monitoring and thwarting of illegal activities raises
more questions than it answers.
http://www.news.com/8301-13578_3-9929085-38.html?part=rss&subj=news&tag=2547-1_3-0-20
More Info:
http://www.cybertelecom.org/security/bigbrother.htm

EarthLink to shut down wireless network in New
Orleans, Muni
EarthLink will shut down its municipal wireless
network in New Orleans, reports Information Week. The
company could not find a buyer for the network, nor
could it get the city to take it over. EarthLink
launched the 52 square kilometer network covering
parts of Orleans parish in December 2006. They
provided free and paid service to residents. The free
tier had a bandwidth cap of 300 Kbps. EarthLink’s
withdrawal from New Orleans is part of the company’s
departure from the municipal wireless broadband
market.
http://feeds.feedburner.com/~r/muniwireless/~3/278336645/
More Info: http://www.cybertelecom.org/states/la.htm

DOJ Nets Two More Guilty Pleas in E-Rate Fraud
Charges, NYT
Former co-owners of DeltaNet have agreed to plead
guilty to charges related to defrauding a government
program designed to help schools and libraries connect
to the Internet.
http://www.nytimes.com/idg/IDG_852573C400693880002574350048A201.html?ex=1367035200&en=2bbb70504ccef583&ei=5088&partner=rssnyt&emc=rss
More Info: http://www.cybertelecom.org/usf/erate.htm

DOJ nets two more guilty pleas in E-Rate fraud
charges, CW
Former co-owners of a New Jersey computer service
provider to plead guilty to conspiracy charges related
to defrauding the U.S. government's E-Rate program.
http://feeds.computerworld.com/~r/Computerworld/News/~3/277005762/article.do
More Info: http://www.cybertelecom.org/usf/erate.htm

Bill Clinton ‘woefully unprepared’ for web coverage,
Lost Remote
The “War Room” of Bill Clinton, James Carville and
George Stephanopoulos back in 1992 was political
genius: a rapid-response approach to campaign stories
bubbling up through the news media. But now, 16 years
later, it seems that Bill Clinton is learning a few
lessons about the next generation of media. “Nobody’s
been a bigger victim of the so-called YouTube moments
than Bill Clinton,” said NBC News political director
Chuck Todd. “I think Bill Clinton was woefully
unprepared for 21st Century media.”
http://www.lostremote.com/2008/04/28/bill-clinton-woefully-unprepared-for-web-coverage/
More Info: http://www.cybertelecom.org/vote/2008.htm

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