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<title>Techdirt. Stories about &quot;fcc&quot;</title>
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<image><title>Techdirt. Stories about &quot;fcc&quot;</title><url>http://www.techdirt.com/images/td-88x31.gif</url><link>http://www.techdirt.com/</link></image>
<item>
<pubDate>Tue, 1 Mar 2011 12:39:33 PST</pubDate>
<title>Supreme Court Says AT&#038;T Has No Right To 'Personal Privacy'</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110301/10584313316/supreme-court-says-att-has-no-right-to-personal-privacy.shtml</link>
<guid>http://www.techdirt.com/articles/20110301/10584313316/supreme-court-says-att-has-no-right-to-personal-privacy.shtml</guid>
<description><![CDATA[ Last year, we wrote about an important case in which AT&#038;T bizarrely claimed that it had <a href="http://www.techdirt.com/articles/20100525/1906469574.shtml">personal privacy rights</a> over information the FCC collected in an investigation concerning AT&#038;T overbilling the government.  An organization had made a Freedom of Information Act (FOIA) request on the info, but AT&#038;T protested that, <i>as a corporation</i>, it had a personal right to privacy.  As we noted, that seemed like a pretty ridiculous claim, but the appeals court accepted it.  We were therefore happy to see the Supreme Court <a href="http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml">pick up the case</a> last fall, and now it has <a href="http://www.washingtonpost.com/wp-dyn/content/article/2011/03/01/AR2011030102621.html" target="_blank">unanimously ruled against AT&#038;T</a> (8 - 0, with Kagan not taking part, since she filed the original brief for the federal government in support of the FCC).  Considering the complaints some have made about the Supreme Court taking the idea of "corporate personhood" too far, I think plenty of people (who don't work for AT&#038;T) will agree that this ruling makes plenty of sense.  A corporation has a right to keep certain information secret and confidential, but the idea it has a "right to privacy" makes no sense.
<br /><br />
The actual ruling (embedded below) is quite interesting in noting, while corporations may be "persons," that does not automatically afford them "personal" rights.
<blockquote><i>
Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. The noun "crab" refers variously to a crustacean and a type of apple, while the related adjective "crabbed" can refer to handwriting that is "difficult to read," Webster's Third New International Dictionary 527 (2002); "corny" can mean "using familiar and stereotyped formulas believed to appeal to the unsophisticated," id., at 509, which has little to do with "corn," id., at 507 ("the seeds of any of the cereal grasses used for food"); and while "crank" is "a part of anaxis bent at right angles," "cranky" can mean "given to fretful fussiness," id., at 530.
<br /><br />
Even in cases such as these there may well be a link between the noun and the adjective. "Cranky" describes a person with a "wayward" or "capricious" temper, see 3 Oxford English Dictionary 1117 (2d ed. 1989) (OED), which might bear some relation to the distorted or crooked angular shape from which a "crank" takes its name. That is not the point. What is significant is that, in ordinary usage, a noun and its adjective form may have meanings as disparate as any two unrelated words. The FCC's argument that "personal" does not, in fact, derive from the English word "person," but instead developed along its own etymological path, Reply Brief for Petitioners 6, simply highlights the shortcomings of AT&#038;T's proposed rule.
<br /><br />
<b>"Person" is a defined term in the statute; "personal" is not</b>. When a statute does not define a term, we typically "give the phrase its ordinary meaning." Johnson v. United States, 559 U. S. ___, ___ (2010) (slip op., at 4). "Personal" ordinarily refers to individuals. We do not usually speak of personal characteristics, personal effects, personal correspondence, personal influence, or personal tragedy as referring to corporations or other artificial entities. This is not to say that corporations do not have correspondence, influence, or tragedies of their own, only that we do not use the word "personal" to describe them.
<br /><br />
Certainly, if the chief executive officer of a corporation approached the chief financial officer and said, "I have something personal to tell you," we would not assume the CEO was about to discuss company business. Responding to a request for information, an individual might say, "that's personal." A company spokesman, when asked for information about the company, would not. In fact, we often use the word "personal" to mean precisely the opposite of business-related: We speak of personal expenses and business expenses, personal life and work life, personal opinion and a company's view.
</i></blockquote>
Justice Roberts, who wrote the decision, then goes on to pick apart each argument made by AT&#038;T as to why it should be allowed "personal" privacy, leading to the rather obvious punchline that you have to think the Justices had in mind to use from the very beginning:
<blockquote><i>
We reject the argument that because "person" is defined for purposes of FOIA to include a corporation, the phrase"personal privacy" in Exemption 7(C) reaches corporations as well. The protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations. <b>We trust that AT&#038;T will not take it personally.</b>
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20110301/10584313316/supreme-court-says-att-has-no-right-to-personal-privacy.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110301/10584313316/supreme-court-says-att-has-no-right-to-personal-privacy.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110301/10584313316/supreme-court-says-att-has-no-right-to-personal-privacy.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>don't-take-it-personally</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110301/10584313316</wfw:commentRss>
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<item>
<pubDate>Thu, 10 Feb 2011 04:18:29 PST</pubDate>
<title>FCC Planning To Crack Down On Cellular &#038; GPS Jamming Devices</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20110209/16474513031/fcc-planning-to-crack-down-cellular-gps-jamming-devices.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20110209/16474513031/fcc-planning-to-crack-down-cellular-gps-jamming-devices.shtml</guid>
<description><![CDATA[ Over the years, we've noted that mobile phone jammers were getting more popular in the US, even though <a href="http://www.techdirt.com/articles/20071105/022703.shtml">they're completely illegal</a>.  However, it looks like the FCC has had enough and has announced plans to start <a href="http://thehill.com/blogs/hillicon-valley/technology/143089-fcc-cracks-down-on-cell-phone-a-gps-jamming-devices?utm_campaign=HilliconValley&#038;utm_source=twitterfeed&#038;utm_medium=twitter" target="_blank">cracking down on both mobile phone jammers and GPS jammers</a>.  The initial crackdown appears to be targeted at companies selling such jammers, but it hints at going further than that.  The concern, of course, is that these jammers don't discriminate and block all sorts of legitimate communication among others.  Still, the usual excuse about how it may prevent emergency responders rings a little hollow.  It wasn't that long ago that no one had mobile phones and emergency responding still seemed to work.  Obviously, having working mobile phones can be quite beneficial, but the FCC shouldn't overplay its hand here.  Just stick with the truth: a jammer interferes with a public resource.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20110209/16474513031/fcc-planning-to-crack-down-cellular-gps-jamming-devices.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110209/16474513031/fcc-planning-to-crack-down-cellular-gps-jamming-devices.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20110209/16474513031/fcc-planning-to-crack-down-cellular-gps-jamming-devices.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>get-your-last-jam-in</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110209/16474513031</wfw:commentRss>
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<item>
<pubDate>Mon, 7 Feb 2011 19:02:36 PST</pubDate>
<title>EFF Warns That FCC Net Neutrality Rules Are A Bad, Bad Idea</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110204/23560912976/eff-warns-that-fcc-net-neutrality-rules-are-bad-bad-idea.shtml</link>
<guid>http://www.techdirt.com/articles/20110204/23560912976/eff-warns-that-fcc-net-neutrality-rules-are-bad-bad-idea.shtml</guid>
<description><![CDATA[ We've been pointing this out for years, but it seems that many of the "tech elite" are so focused on the phrase "net neutrality" that they're willing to jump on any sort of regulation that says it's "net neutrality."  So, it's nice to see that the EFF is not following suit, but instead is warning that the <a href="https://www.eff.org/deeplinks/2011/02/part-i-fcc-ancillary-authority-regulate-internet" target="_blank">FCC does not have the regulatory mandate to do what it's trying to do</a> with net neutrality -- and if it is given that control, it will inevitably lead to much more internet regulation that we will all come to regret.
<blockquote><i>
We're wholly in favor of net neutrality in practice, but a finding of ancillary jurisdiction here would give the FCC pretty much boundless authority to regulate the Internet for whatever it sees fit. And that kind of unrestrained authority makes us nervous about follow-on initiatives like <a href="https://www.eff.org/issues/broadcast-flag">broadcast flags</a> and <a href="https://secure.wikimedia.org/wikipedia/en/wiki/Seven_dirty_words">indecency campaigns</a>. In general, we think arguments that regulating the Internet is "ancillary" to some other regulatory authority that the FCC has been granted just don't have sufficient limitations to stop bad FCC behavior in the future and create the <a href="https://www.eff.org/deeplinks/2009/09/net-neutrality-fcc-perils-and-promise">"Trojan horse"</a> risk we have long warned about. 
</i></blockquote>
In discussing this stance with Wired, Abigail Phillips, a staff attorney at the EFF said she <a href="http://www.wired.com/threatlevel/2011/02/fcc-trojan-horse/?utm_source=twitterfeed&#038;utm_medium=twitter&#038;utm_campaign=Feed%3A+wired%2Findex+%28Wired%3A+Index+3+%28Top+Stories+2%29%29" target="_blank">wasn't sure what "the right solution is"</a> to the question of keeping the basic end-to-end principles of the internet in place.  I still don't think the "solution" is that complex.  For over five years I've been pointing out that <a href="http://www.techdirt.com/articles/20051028/1128249.shtml">if there was real competition</a> in the marketplace, net neutrality wouldn't even be an issue, because customers would go to ISPs that didn't discriminate.  The real problem is how deeply connected our government is to a very small number of giant broadband providers.  They've set the game up so that there's very little real competition, which allows those ISPs to pull stunts like trying to doublecharge, favor certain content, and do metered billing.  Get more competition, and none of those things fly.<br /><br /><a href="http://www.techdirt.com/articles/20110204/23560912976/eff-warns-that-fcc-net-neutrality-rules-are-bad-bad-idea.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110204/23560912976/eff-warns-that-fcc-net-neutrality-rules-are-bad-bad-idea.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110204/23560912976/eff-warns-that-fcc-net-neutrality-rules-are-bad-bad-idea.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>good-for-them</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110204/23560912976</wfw:commentRss>
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<item>
<pubDate>Fri, 21 Jan 2011 04:12:16 PST</pubDate>
<title>Verizon Tries To Jump The Legal Line In Challenging FCC's Weak Net Neutrality Rules</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110120/16445112750/verizon-tries-to-jump-legal-line-challenging-fccs-weak-net-neutrality-rules.shtml</link>
<guid>http://www.techdirt.com/articles/20110120/16445112750/verizon-tries-to-jump-legal-line-challenging-fccs-weak-net-neutrality-rules.shtml</guid>
<description><![CDATA[ There was a noticeable split when the FCC announced its vague and totally watered down <a href="http://www.techdirt.com/articles/20101220/22311012351/as-expected-fcc-approving-net-neutrality-rules-that-att-wants.shtml">net neutrality rules</a> last month.  The rules were prepared in close conjunction with AT&#038;T.  And while they're pretty similar to what Verizon and Google had <a href="http://www.techdirt.com/articles/20100809/12505010560.shtml">proposed</a>, the fact that Verizon didn't get to work on it so closely with the FCC left it with hurt feelings.  The scuttlebutt was that the FCC was pretty pissed off about the Google/Verizon announcement which derailed some other negotiations the FCC was already involved in.
<br /><br />
In response, even though these rules are completely watered down and really have plenty of loopholes and clauses favorable to the telcos, Verizon, more or less on principle, <a href="http://www.dslreports.com/shownews/Verizon-Challenges-Neutrality-Rules-In-DC-Court-112337" target="_blank">has decided to fight them</a>, just to make sure that the FCC can't implement stricter rules later (which seems pretty unlikely anyway).  However, it also tried to jump the legal line.  Rather than filing a lawsuit in a district court, it went straight to the Appeals Court of the DC circuit, leapfrogging the standard district court and appeals process.  Apparently, it's using a rather unique legal interpretation to claim that it can do this, though others are pointing out if this is accurate, then basically all cases involving FCC regulations would be forced into that single court, killing off the idea of having different circuits examine issues.<br /><br /><a href="http://www.techdirt.com/articles/20110120/16445112750/verizon-tries-to-jump-legal-line-challenging-fccs-weak-net-neutrality-rules.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110120/16445112750/verizon-tries-to-jump-legal-line-challenging-fccs-weak-net-neutrality-rules.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110120/16445112750/verizon-tries-to-jump-legal-line-challenging-fccs-weak-net-neutrality-rules.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>speed-up-the-process</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110120/16445112750</wfw:commentRss>
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<pubDate>Wed, 5 Jan 2011 12:03:29 PST</pubDate>
<title>How The FCC Got Millions To See Charlotte Ross's Naked Behind... And Then Lost In Court</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20110105/01511712522/how-fcc-got-millions-to-see-charlotte-rosss-naked-behind-then-lost-court.shtml</link>
<guid>http://www.techdirt.com/articles/20110105/01511712522/how-fcc-got-millions-to-see-charlotte-rosss-naked-behind-then-lost-court.shtml</guid>
<description><![CDATA[ We had just discussed how two separate appeals courts were trying to determine whether or not the FCC's indecency fines over "fleeting nudity" on TV were legal.  The case involving <a href="http://www.techdirt.com/articles/20101229/03441112448/janet-jacksons-wardrobe-malfunction-leads-to-fcc-malfunction-claims-broadcasters-give-up-1st-amendment-rights.shtml">Janet Jackson's "wardrobe malfunction"</a> is just beginning, but the other case, involving Charlotte Ross's bare behind being shown on NYPD Blue has now concluded with the (not surprising) decision to <a href="http://thehill.com/blogs/hillicon-valley/technology/135885-appeals-court-tosses-fine-for-nudity-on-qnypd-blueq" target="_blank">toss out the $1.43 million fine the FCC issued</a> against ABC.  This wasn't all that surprising, given that the courts had already <a href="http://www.techdirt.com/articles/20100713/12185410195.shtml">struck down</a> FCC fines over "fleeting expletives," and had suggested that fleeting nudity would fall under <a href="http://www.techdirt.com/articles/20100804/02104810489.shtml">the same analysis</a>.  Even the FCC had admitted that under the ruling concerning "fleeting expletives," the NYPD Blue fine was probably a goner.  It's still appealing the original ruling about fleeting expletives, however, so it's not over yet.
<br /><br />
Of course, the history of almost all of these cases all tracks back to the infamous Parents Television Council (PTC), the group that is famous for <a href="http://www.techdirt.com/articles/20090911/0257326163.shtml">flooding the FCC</a> with bogus "complaints" from its members who never actually saw the content in question, but were urged on by the PTC to send complaints.  We recently had noted that PTC was coming under some serious <a href="http://www.techdirt.com/articles/20101027/18035711618/parents-television-council-accused-of-dumping-petitions-just-focused-on-cash.shtml">scrutiny</a> concerning some of its more questionable practices.
<br /><br />
However, what we still found most amusing about this particular case is the fact that when Kevin Martin (who headed the FCC when the original fine was issued) decided to pursue this fine over Charlotte Ross's nudity, all it really did was <a href="http://www.techdirt.com/articles/20080128/16592098.shtml">drive a tremendous amount of interest</a> in people seeing what the clip was about.  In other words, in trying to fine ABC for "indecency," the PTC and Kevin Martin helped to publicize the video, which for a while was apparently the most popular video on YouTube.  And now, not only did the PTC and Kevin Martin help millions of people learn about ways to see Charlotte Ross' bare behind, but the FCC got absolutely nothing for it, given this latest ruling.<br /><br /><a href="http://www.techdirt.com/articles/20110105/01511712522/how-fcc-got-millions-to-see-charlotte-rosss-naked-behind-then-lost-court.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20110105/01511712522/how-fcc-got-millions-to-see-charlotte-rosss-naked-behind-then-lost-court.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20110105/01511712522/how-fcc-got-millions-to-see-charlotte-rosss-naked-behind-then-lost-court.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>nice-work,-FCC</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20110105/01511712522</wfw:commentRss>
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<pubDate>Wed, 29 Dec 2010 16:01:00 PST</pubDate>
<title>Janet Jackson's Wardrobe Malfunction Leads To FCC Malfunction: Claims Broadcasters Give Up 1st Amendment Rights</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101229/03441112448/janet-jacksons-wardrobe-malfunction-leads-to-fcc-malfunction-claims-broadcasters-give-up-1st-amendment-rights.shtml</link>
<guid>http://www.techdirt.com/articles/20101229/03441112448/janet-jacksons-wardrobe-malfunction-leads-to-fcc-malfunction-claims-broadcasters-give-up-1st-amendment-rights.shtml</guid>
<description><![CDATA[ Would you believe that the FCC, CBS and the courts are <a href="http://www.broadcastingcable.com/article/461513-FCC_CBS_Continue_To_Battle_Over_Janet_Jackson_Reveal.php" target="_blank">still fighting over the FCC's right to fine CBS</a> over Janet Jackson's infamous "wardrobe malfunction" during the half-time show of the Superbowl in 2004 (yes, seven years ago).  There have actually been a series of related cases bouncing up and down through the court system, trying to establish whether or not the FCC's policies on "fleeting expletives" or "fleeting nudity" are arbitrary and if they violate the First Amendment.  A court had originally found the FCC's policies to be <a href="http://www.techdirt.com/articles/20080721/1422421746.shtml">arbitrary</a> and tossed them out.  The Supreme Court, in a related but different case (focusing on the fleeting expletives), ruled extremely narrowly that the FCC was allowed to <a href="http://www.techdirt.com/articles/20090428/1144194682.shtml">change its policies</a>, but did not rule on the constitutionality of the policy itself.  The Second Circuit appeals court then ruled that even if the rule change was allowed, it still <a href="http://www.techdirt.com/articles/20100713/12185410195.shtml">violated the First Amendment</a>.  From that, the court then asked -- if such rules on fleeting expletives are not allowed -- <a href="http://www.techdirt.com/articles/20100804/02104810489.shtml">does that also cover fleeting nudity</a> -- but that involved a separate case involving a scene of a bare rear end on NYPD Blue.  But, of course, the Janet Jackson case, in the Third Circuit, also is relevant here as well.
<br /><br />
Which brings us mostly up-to-date, other than the latest news in the Janet Jackson case, which is that the FCC is now trying to claim that broadcasters give up some of their First Amendment rights when they get a government license to broadcast over public airwaves.  This seems like a huge stretch as a legal interpretation, which would have serious implications for anyone using public airwaves.  I don't recall the First Amendment saying "Congress shall make no law... except if it involves public airwaves."  Either way, as the article linked above notes, this will all be going back to the Supreme Court eventually.<br /><br /><a href="http://www.techdirt.com/articles/20101229/03441112448/janet-jacksons-wardrobe-malfunction-leads-to-fcc-malfunction-claims-broadcasters-give-up-1st-amendment-rights.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101229/03441112448/janet-jacksons-wardrobe-malfunction-leads-to-fcc-malfunction-claims-broadcasters-give-up-1st-amendment-rights.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101229/03441112448/janet-jacksons-wardrobe-malfunction-leads-to-fcc-malfunction-claims-broadcasters-give-up-1st-amendment-rights.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>fcc-malfunction</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101229/03441112448</wfw:commentRss>
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<pubDate>Wed, 22 Dec 2010 07:47:43 PST</pubDate>
<title>Does The FCC Really Not Understand The Difference Between A Device Operating System And A Mobile Network?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20101221/17185312372/does-fcc-really-not-understand-difference-between-device-operating-system-mobile-network.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20101221/17185312372/does-fcc-really-not-understand-difference-between-device-operating-system-mobile-network.shtml</guid>
<description><![CDATA[ As we still <a href="http://www.techdirt.com/articles/20101221/12524412366/irony-if-you-want-to-know-what-fccs-rules-internet-openness-are-you-need-to-file-foia.shtml">wait</a> for the details of the <a href="http://www.techdirt.com/articles/20101220/22311012351/as-expected-fcc-approving-net-neutrality-rules-that-att-wants.shtml">FCC's net neutrality ruling</a>, some have noticed that the FCC's justification for not caring much about wireless networks is somewhat baffling.  Specifically, the FCC <a href="http://www.engadget.com/2010/12/21/fcc-we-didnt-impose-stricter-net-neutrality-regulations-on-wir/" target="_blank">used the openness of the Android operating system</a> as evidence that things are open in the mobile networking world:
<blockquote><i>
Further, we recognize that there have been meaningful recent moves toward openness, including the introduction of open operating systems like Android.
</i></blockquote>
Now, whether or not you agree with the FCC's plans, or with the idea of "net neutrality" regulations in general, this statement is a bit of a head scratcher.  It's kind of like saying "because cars use gasoline, we see no reason to set speed limits."  I mean, the two are kinda sorta related in that they both involve cars (or mobile computing), but they're not the same thing at all.  Just because Android is a more open operating system has nothing to do with network discrimination or questions about the end-to-end principle of networks.  Making such a statement suggests that the FCC doesn't understand the difference between an operating system and a mobile network... and that's just scary.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20101221/17185312372/does-fcc-really-not-understand-difference-between-device-operating-system-mobile-network.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20101221/17185312372/does-fcc-really-not-understand-difference-between-device-operating-system-mobile-network.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20101221/17185312372/does-fcc-really-not-understand-difference-between-device-operating-system-mobile-network.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>these-are-the-people-who-regulate-us?</slash:department>
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<pubDate>Tue, 21 Dec 2010 14:13:58 PST</pubDate>
<title>Irony: If You Want To Know What The FCC's Rules On Internet Openness Are, You Need To File A FOIA</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101221/12524412366/irony-if-you-want-to-know-what-fccs-rules-internet-openness-are-you-need-to-file-foia.shtml</link>
<guid>http://www.techdirt.com/articles/20101221/12524412366/irony-if-you-want-to-know-what-fccs-rules-internet-openness-are-you-need-to-file-foia.shtml</guid>
<description><![CDATA[ We've already talked about how the FCC was going to <a href="http://www.techdirt.com/articles/20101220/22311012351/as-expected-fcc-approving-net-neutrality-rules-that-att-wants.shtml">approve</a> heavily watered down (and written in conjunction with AT&#038;T) "net neutrality" rules today -- which it did.  However, one aspect of all this that is particularly ridiculous is the fact that the FCC voted on rules which it has not released, and which it claims may be adjusted before they are released.  Considering that these rules are supposed to be about <b>internet openness</b> it seems pretty ironic that the rules are secret.  Jeff Jarvis noted this irony in <a href="https://twitter.com/#!/jeffjarvis/status/17292820473708544" target="_blank">asking if he needed to file a Freedom of Information Act request</a> just to find out what was voted on.  He followed it up by filing <a href="http://plixi.com/p/64449904" target="_blank">just such a request</a> that seeks not just the rules, but also details of correspondences and meeting notes leading up to the creation of the rules.  We'll see what the FCC comes back with.<br /><br /><a href="http://www.techdirt.com/articles/20101221/12524412366/irony-if-you-want-to-know-what-fccs-rules-internet-openness-are-you-need-to-file-foia.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101221/12524412366/irony-if-you-want-to-know-what-fccs-rules-internet-openness-are-you-need-to-file-foia.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101221/12524412366/irony-if-you-want-to-know-what-fccs-rules-internet-openness-are-you-need-to-file-foia.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>openness-is-a-matter-of-degree</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101221/12524412366</wfw:commentRss>
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<pubDate>Wed, 10 Nov 2010 18:15:34 PST</pubDate>
<title>FCC Apparently Not Satisfied With FTC's Google WiFi Investigation, Opens Its Own Investigation</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101110/16171411794/fcc-apparently-not-satisfied-with-ftc-s-google-wifi-investigation-opens-its-own-investigation.shtml</link>
<guid>http://www.techdirt.com/articles/20101110/16171411794/fcc-apparently-not-satisfied-with-ftc-s-google-wifi-investigation-opens-its-own-investigation.shtml</guid>
<description><![CDATA[ So the FTC <a href="http://www.techdirt.com/articles/20101027/16540311616/ftc-concludes-investigation-into-google-s-street-view-data-collection-without-penalties.shtml">concluded its investigation</a> of Google's Street View WiFi data collection <a href="http://www.techdirt.com/articles/20100514/1410159429.shtml">screwup</a> with no actual penalties.  Since then, there's been a lot of pressure from Congressional reps who have a long history of complaining about Google to get the government to reopen the investigation.  So, it should make them happy to know that <a href="http://news.cnet.com/8301-30684_3-20022423-265.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_blank">the FCC appears to be picking up where the FTC left off</a> and is opening its own investigation.  Of course, I'm not quite sure what Google did here that's under the FCC's mandate.  Did it violate the FCC's Part 15 rules in some way?  I can't see much that Google did that would fall under the FCC's purview, so I can't imagine this investigation ending with any serious consequences for Google but it seems like this is one political football that just won't go away.<br /><br /><a href="http://www.techdirt.com/articles/20101110/16171411794/fcc-apparently-not-satisfied-with-ftc-s-google-wifi-investigation-opens-its-own-investigation.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101110/16171411794/fcc-apparently-not-satisfied-with-ftc-s-google-wifi-investigation-opens-its-own-investigation.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101110/16171411794/fcc-apparently-not-satisfied-with-ftc-s-google-wifi-investigation-opens-its-own-investigation.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>over-what-exactly?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101110/16171411794</wfw:commentRss>
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<pubDate>Wed, 3 Nov 2010 22:08:35 PDT</pubDate>
<title>$1,595 To Talk With The FCC About Telco Policy? Lobbyists Welcome; Average Citizens... Not So Much</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101101/12345111673/1-595-to-talk-with-the-fcc-about-telco-policy-lobbyists-welcome-average-citizens-not-so-much.shtml</link>
<guid>http://www.techdirt.com/articles/20101101/12345111673/1-595-to-talk-with-the-fcc-about-telco-policy-lobbyists-welcome-average-citizens-not-so-much.shtml</guid>
<description><![CDATA[ Michael Marcus is noting that the Practicing Law Institute is holding a Telco and Policy Regulation "Institute," that will include a Q&#038;A with "FCC commissioners and other senior officials."  It looks like three commissioners will be there, along with four other senior officials including the heads of "wireline competition," "wireless telecommunications," and "engineering and technology."  The issue, Marcus points out, is that this Q&#038;A with key regulators <a href="http://www.publicknowledge.org/blog/time-it-1595-hear-fcc-officials-discuss-telec" target="_blank">costs $1,595 to attend</a>.  Affordable for lobbyists, but not so much for anyone else.
<br /><br />
But Marcus' bigger concern is that the public won't find out what was said at the event without ponying up for the recording -- where previous recordings cost $797 for audio and $1,595 for video.  As he notes:
<blockquote><i>
Now I do not disagree that it is useful for public officials to meet in fine hotels with industry moguls, brief them on upcoming policy issues and answer questions.  The key question is whether the rest of us will find out in a reasonably timely what was said.  (Some of us might like to ask questions also, but that is getting off subject.)  I have previously proposed to the the FCC's reboot.fcc.gov  site that asks about "What are ways in which the FCC can better engage the public in open proceedings?"  that videos of such presentations be made available to the public at the normal FCC terms - free online, nominal charge for copying - within a few days of such an event. As with the other many suggestions received from the public via this site, this has not been resolved.
</i></blockquote>
Again, it's understandable that it costs money to attend such events.  It's costly to put them on, and events are a big business.  But it gets a little troubling when public policy may be influenced at such events and the details of what was said are not revealed.<br /><br /><a href="http://www.techdirt.com/articles/20101101/12345111673/1-595-to-talk-with-the-fcc-about-telco-policy-lobbyists-welcome-average-citizens-not-so-much.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101101/12345111673/1-595-to-talk-with-the-fcc-about-telco-policy-lobbyists-welcome-average-citizens-not-so-much.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101101/12345111673/1-595-to-talk-with-the-fcc-about-telco-policy-lobbyists-welcome-average-citizens-not-so-much.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>how-policy-is-made</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101101/12345111673</wfw:commentRss>
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<pubDate>Thu, 28 Oct 2010 16:56:33 PDT</pubDate>
<title>Verizon Wireless Fined $25 Million For Bogus Fees... But May Have Still Made Out Profitably</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20101028/12433211639/verizon-wireless-fined-25-million-for-bogus-fees-but-may-have-still-made-out-profitably.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20101028/12433211639/verizon-wireless-fined-25-million-for-bogus-fees-but-may-have-still-made-out-profitably.shtml</guid>
<description><![CDATA[ A few weeks back, Verizon finally admitted what the press had reported for years (and which Verizon Wireless had <a href="http://www.techdirt.com/articles/20091223/0343027484.shtml">denied for years</a>): that <a href="http://www.techdirt.com/blog/wireless/articles/20101003/18595311261/verizon-wireless-to-pay-90-million-back-to-users-for-1-99-data-fees-it-insisted-it-never-wrongly-charged.shtml">it had erroneously charged 15 million customers</a> $1.99/month fees for supposedly accessing data on their phones, even though many had specifically declined to allow data services on their phones.  At the time, Verizon Wireless said it would pay back "up to $90 million."  The FCC noted that it wasn't satisfied with this response, and now it's come out that <a href="http://techdailydose.nationaljournal.com/2010/10/verizon-wireless-to-pay-record.php" target="_blank">Verizon Wireless will also pay a $25 million fine to the federal government</a> over these actions.  That's separate from paying back customers, but the amount Verizon Wireless will have to pay seems to be shrinking.  The original report was "up to" $90 million, but now people are saying "a minimum" of $50 million in refunds.  So, it's still possible it'll pay $90 million in refunds, but it seems unlikely.
<br><br>
Of course, as <a href="http://www.dslreports.com/shownews/Verizon-Strikes-25-Million-Settlement-With-FCC-Over-Mystery-Fee-111140" target="_blank">Broadband Reports points out</a>, something in the math doesn't make sense.  This apparently went on for 2 to 3 years and impacted 15 million customers.  While not every customer was charged the fee every month, many claim they did see it pretty much <i>every</i> month.  So, start doing the math.  Even if we assume that, say, one third of the users saw it every month for just one year and the rest saw it only once, we're already talking $90 million.  But if it's true that many of them saw it for <i>multiple years</i>, and even if you throw in the $25 million fine, it sounds like Verizon Wireless could come out ahead in the end... Oh, and in case you were wondering, Karl Bode <a href="https://twitter.com/#!/KarlBode/statuses/29019167510" target="_blank">confirmed</a> that no one at the FCC audited Verizon Wireless's estimates for how many people were charged this fee, so it's going on faith that Verizon Wireless -- who for years denied this fee existed -- is telling the truth about how many times it was charged.<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20101028/12433211639/verizon-wireless-fined-25-million-for-bogus-fees-but-may-have-still-made-out-profitably.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20101028/12433211639/verizon-wireless-fined-25-million-for-bogus-fees-but-may-have-still-made-out-profitably.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20101028/12433211639/verizon-wireless-fined-25-million-for-bogus-fees-but-may-have-still-made-out-profitably.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>doing-the-math</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101028/12433211639</wfw:commentRss>
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<pubDate>Thu, 21 Oct 2010 05:57:00 PDT</pubDate>
<title>Did The FCC 'Rebroadcast Or Retransmit An Account' Of MLB Game On Twitter?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101020/16582011514/did-the-fcc-rebroadcast-or-retransmit-an-account-of-mlb-game-on-twitter.shtml</link>
<guid>http://www.techdirt.com/articles/20101020/16582011514/did-the-fcc-rebroadcast-or-retransmit-an-account-of-mlb-game-on-twitter.shtml</guid>
<description><![CDATA[ You all know the routine.  Towards the end of the sporting event you're watching, one of the announcers will remind the audience that the sports league in question holds the copyright, and you can't do a damn thing about it.  It's slightly different per league, but the NFL one reads: "This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL's consent, is prohibited."  We wrote about that a few years back when law professor Wendy Seltzer posted a clip of <i>just</i> that NFL warning to show how the NFL was exaggerating its rights... and <a href="http://www.techdirt.com/articles/20070214/154327.shtml">got a takedown notice</a>.  The MLB one is a bit different.  It reads: "Any rebroadcast, retransmission, or account of this game, without the express written consent of Major League Baseball, is prohibited."  We wrote about that one because one guy <a href="http://www.techdirt.com/articles/20090904/0304256103.shtml">asked MLB for permission</a> to describe a game to his friend, and MLB wouldn't give it.  The FTC has been <a href="http://www.techdirt.com/articles/20070801/011957.shtml">asked</a> to stop sports leagues from making such overly broad (and legally misleading) claims, but hasn't done anything.
<br /><br />
I'm reminded about all of this because, as a part of the <a href="http://www.techdirt.com/articles/20101019/17422111490/democrats-are-from-cablevision-republicans-are-from-fox-in-retransmission-fee-dispute.shtml">silly retransmission fight</a> between Fox and Cablevision, where some viewers were blocked from seeing some of the MLB postseason games airing on Fox, apparently the FCC decided to make something of a statement on the issue by <a href="http://blogs.wsj.com/digits/2010/10/19/sports-commentary-on-twitter-by-the-fcc/" target="_blank">tweeting an ongoing account of one of the blacked out games</a>, along with a link to its own <a href="http://reboot.fcc.gov/cablevision-fox-dispute" target="_blank">consumer alert</a> about the retransmission fight.  Here's an <a href="http://twitter.com/#!/FCC/status/27875963553" target="_blank">example tweet</a> from the FCC's official Twitter account:
<blockquote><i>
Matt Cain relieved after 7 strong, 2 H, 0 ER. Giants scored on two singles, throwing error. SF up 3-0 top 9 
</i></blockquote>
Of course, this has <a href="http://www.hollywoodreporter.com/blogs/thr-esq/hollywood-docket-billie-jean-vs-31583" target="_blank">some questioning</a> whether or not the FCC just did a rebroadcast or retransmission of an account of the game without (one assumes) express written consent of Major League Baseball.  Of course, MLB's random attempts to enforce its bogus claims of ownership on data have all failed, and I'm sure it knows better than to take on the FCC in a losing cause, but it does a nice job of highlighting just how ridiculous the "warning" is from the MLB, and makes you wonder <i>why</i> the FTC doesn't crack down on what appears to be <a href="http://www.techdirt.com/articles/20090626/1421065375.shtml">copyfraud</a>.<br /><br /><a href="http://www.techdirt.com/articles/20101020/16582011514/did-the-fcc-rebroadcast-or-retransmit-an-account-of-mlb-game-on-twitter.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101020/16582011514/did-the-fcc-rebroadcast-or-retransmit-an-account-of-mlb-game-on-twitter.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101020/16582011514/did-the-fcc-rebroadcast-or-retransmit-an-account-of-mlb-game-on-twitter.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>bogus-copyright-claims</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101020/16582011514</wfw:commentRss>
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<pubDate>Wed, 13 Oct 2010 12:55:29 PDT</pubDate>
<title>Telco Opposition To Anti-Bill Shock Plans Doesn't Pass The Laugh Test</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20101013/04080711406/telco-opposition-to-anti-bill-shock-plans-doesn-t-pass-the-laugh-test.shtml</link>
<guid>http://www.techdirt.com/articles/20101013/04080711406/telco-opposition-to-anti-bill-shock-plans-doesn-t-pass-the-laugh-test.shtml</guid>
<description><![CDATA[ It's been talked about for ages, but the FCC is finally preparing to <a href="http://www.informationweek.com/news/infrastructure/management/showArticle.jhtml?articleID=227701131&#038;subSection=News" target="_blank">take on mobile operator "bill shock,"</a> that happens when a user, unknowingly, goes way over their allotted time/data and is charged ridiculous overage fees, leading to the ever popular stories of <a href="http://www.techdirt.com/articles/20090626/1243235374.shtml">multi-thousand dollar bills</a>.  The FCC plans to require mobile operators to at least alert users when they're nearing the limits on their plan.  While I'm often skeptical of FCC actions, I'm having trouble seeing what's wrong with this, and the mobile operators protestations are so silly that it's difficult to take them seriously.
<br /><br />
Mobile operator trade association CTIA has warned that these sorts of warnings would "cause customer confusion and frustration."  Huh?  How?  And it's already established that it's the crazy huge bills that are causing customer confusion and frustration (and, um, anger).  Then there's Verizon Wireless, <a href="http://www.nytimes.com/2010/10/13/technology/13shock.html?src=twt&#038;twt=nytimestech" target="_blank">quoted</a> as saying that "intense competition has led wireless carriers to provide consumers with usage information."  Hmm.  Information like the <a href="http://www.techdirt.com/articles/20091223/0343027484.shtml">phantom charges</a> that Verizon Wireless denied for nearly two years, until it finally 'fessed up and agreed to <a href="http://www.techdirt.com/blog/wireless/articles/20101003/18595311261/verizon-wireless-to-pay-90-million-back-to-users-for-1-99-data-fees-it-insisted-it-never-wrongly-charged.shtml">pay back</a> to the tune of $50 million to $90 million.  Honestly, I can't figure out what the pushback is over actually warning customers before they get insane overage charges?<br /><br /><a href="http://www.techdirt.com/articles/20101013/04080711406/telco-opposition-to-anti-bill-shock-plans-doesn-t-pass-the-laugh-test.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20101013/04080711406/telco-opposition-to-anti-bill-shock-plans-doesn-t-pass-the-laugh-test.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20101013/04080711406/telco-opposition-to-anti-bill-shock-plans-doesn-t-pass-the-laugh-test.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>more-confusion?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101013/04080711406</wfw:commentRss>
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<pubDate>Mon, 4 Oct 2010 02:16:04 PDT</pubDate>
<title>Verizon Wireless To Pay $90 Million Back To Users For $1.99 Data Fees It Insisted It Never Wrongly Charged</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/blog/wireless/articles/20101003/18595311261/verizon-wireless-to-pay-90-million-back-to-users-for-1-99-data-fees-it-insisted-it-never-wrongly-charged.shtml</link>
<guid>http://www.techdirt.com/blog/wireless/articles/20101003/18595311261/verizon-wireless-to-pay-90-million-back-to-users-for-1-99-data-fees-it-insisted-it-never-wrongly-charged.shtml</guid>
<description><![CDATA[ Well, well, well.  For <a href="http://www.dslreports.com/shownews/104172" target="_blank">over a year now</a> there have been widespread reports of how Verizon Wireless would charged users $1.99 for data services, even if they have data services turned off.  This was happening sometimes to users with phones turned off or even batteries drained.  The whole thing was incredibly questionable.  Verizon customer service folks insisted that the people in question clearly accessed the internet, but there were so many reports that they had not, that this response didn't fly.  Then, after the NY Times reported about it, the FCC finally woke up and asked Verizon Wireless to explain.  Its response was basically a non-response, insisting that it had <a href="http://www.techdirt.com/articles/20091223/0343027484.shtml">done nothing wrong</a> -- and when David Pogue from the NY Times pushed the company about the over 400 accounts of it happening to his readers (and himself), Verizon Wireless' response was "I'm going to let the letter to the F.C.C. speak for us," repeated for every question Pogue asked.
<br /><br />
That was in December of last year.  Now, ten months later, Verizon has just announced that it's <a href="http://news.cnet.com/8301-1035_3-20018381-94.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20" target="_blank">going to pay back "up to" $90 million in such bogus fees that it never should have charged</a> to about 15 million subscribers.  Apparently, those claims of not having done stuff wrong... well... it looks like that wasn't the case.  It looks like they incorrectly charged people to the tune of perhaps $90 million (the company apparently thinks it could be more like $50 million once they've found all the false charges).  Seems like a pretty big "accident," which they denied for so long.  The latest statement suggests that Verizon Wireless "just" noticed these errors while "reviewing customer accounts," but given the number of complaints, and the fact that it's been going on for so long, including massive press coverage and an FCC investigation, you would think the company would have figured this out sooner.
<br /><br />
Speaking of the FCC, it appears that it's <a href="http://www.nytimes.com/2010/10/04/technology/04webphone.html" target="_blank">not entirely satisfied with this customer refund</a>, as the head of the FCC's enforcement bureau (or some PR staffer working there) amusingly quipped that the FCC was: "gratified to see the repayment, but for millions of Americans it's a day late and a $1.99 short."<br /><br /><a href="http://www.techdirt.com/blog/wireless/articles/20101003/18595311261/verizon-wireless-to-pay-90-million-back-to-users-for-1-99-data-fees-it-insisted-it-never-wrongly-charged.shtml">Permalink</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20101003/18595311261/verizon-wireless-to-pay-90-million-back-to-users-for-1-99-data-fees-it-insisted-it-never-wrongly-charged.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/blog/wireless/articles/20101003/18595311261/verizon-wireless-to-pay-90-million-back-to-users-for-1-99-data-fees-it-insisted-it-never-wrongly-charged.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>well,-look-at-that</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20101003/18595311261</wfw:commentRss>
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<pubDate>Wed, 29 Sep 2010 05:40:43 PDT</pubDate>
<title>Supreme Court Agrees To See Whether Or Not AT&#038;T Has 'Personal Privacy' Rights</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml</link>
<guid>http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml</guid>
<description><![CDATA[ Back in May, we wrote about an important case questioning whether or not <a href="http://www.techdirt.com/articles/20100525/1906469574.shtml">companies have privacy rights</a>.  Traditionally, privacy rights were seen as being for individuals, not companies, but AT&#038;T claimed that it had privacy rights over data collected by the FCC in an attempt to determine if AT&#038;T was bilking the e-rate program (for installing broadband connections to schools).  Some people filed a Freedom of Information Act request over the data, and the FCC released some of it (keeping some secret to protect trade secrets).  However, AT&#038;T sued the FCC claiming that even releasing the limited info the FCC was planning to put out would violate the company's personal privacy.  The Third Circuit appeals court in the case sided with AT&#038;T, saying that companies could have personal privacy -- and the case was appealed to the Supreme Court.
<br /><br />
The Supreme Court has now <a href="http://www.businessweek.com/ap/financialnews/D9IGVHKG0.htm" target="_blank">announced that it will hear the case</a>.  The Obama administration had asked the Supreme Court to hear the case, claiming that it did not believe "personal privacy" applied to companies.  Elena Kagan, who had filed the brief for the administration, will obviously sit the case out now that she's a Supreme Court justice.  However, this will be yet another, in a recent line of cases, trying to establish the boundaries (if there are any) between the rights of individuals and the rights of corporations.<br /><br /><a href="http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100928/22435711204/supreme-court-agrees-to-see-whether-or-not-at-t-has-personal-privacy-rights.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>do-corporations-have-privacy-rights?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100928/22435711204</wfw:commentRss>
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<item>
<pubDate>Wed, 15 Sep 2010 13:19:00 PDT</pubDate>
<title>FCC Asked To Block New Cartoon Series... For The Children</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100914/23273011019.shtml</link>
<guid>http://www.techdirt.com/articles/20100914/23273011019.shtml</guid>
<description><![CDATA[ <a href="http://www.techdirt.com/profile.php?u=benny6toes">Benny6Toes</a> alerts us to the news that a children's advocacy group is <a href="http://www.msnbc.msn.com/id/39178144/ns/business-media_biz/" target="_blank">demanding that the FCC block a new cartoon show</a> that uses a character from shoe company Skechers' advertisements as a part of the series, claiming that it would be the equivalent of a 30-minute commercial, which is against the requirements of the Children's Television Act.  The group claims: "the show could pave the way for Ronald McDonald, Tony the Tiger and other iconic cartoon pitchmen to become stars of their own series."
<br /><br />
Indeed, but as Benny notes: "After all, what are cartoons for Transformers, G.I. Joe (does that show my age?), Pokemon, or dozens of other kids shows for if not to sell related merchandise?"  Saturday morning cartoons have been filled with half-hour long "advertisements" for merchandise for years.  More to the point, Benny points out that isn't this really something for parents to decide, rather than the FCC:
<blockquote><i>
But here's a better question: even if it is a 30 minute advertisement, should the FCC (or any government agency) be able to stop a show for that reason? Soap operas, though not targeted at children, were sponsored in whole by specific companies when they originally debuted on radio. That's why they're called, "soap operas." <br />
<br />
Shouldn't the parents be able to say, "no," to their children?
</i></blockquote>
Yes, people get annoyed at how commercial children's programming has become, but is that really the FCC's job to deal with it?<br /><br /><a href="http://www.techdirt.com/articles/20100914/23273011019.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100914/23273011019.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100914/23273011019.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>gi-joe?</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100914/23273011019</wfw:commentRss>
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<item>
<pubDate>Wed, 4 Aug 2010 03:13:45 PDT</pubDate>
<title>Telcos Close To 'Deal' On Net Neutrality That Gives Them Everything They Want</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100804/01093610486.shtml</link>
<guid>http://www.techdirt.com/articles/20100804/01093610486.shtml</guid>
<description><![CDATA[ Can't say we didn't warn people on this one.  Way back in February, we suggested that people pushing for net neutrality legislation were going to be disappointed <a href="http://www.techdirt.com/articles/20100201/0316427987.shtml">after the telco lobbyists got done with it</a>.  The telcos came ready for battle, hiring hundreds of former government employees, including <a href="http://www.techdirt.com/articles/20100621/1051509898.shtml">18 former members of Congress</a> to lobby on their behalf.  Back in June, we noted that the telcos were privately saying they were <a href="http://www.techdirt.com/articles/20100617/0244109862.shtml">okay</a> with net neutrality rules, so long as they helped shape them.  Then, last month, we noted that, contrary to its promises of transparency and openness, the FCC was <a href="http://www.techdirt.com/articles/20100716/02412410243.shtml">meeting behind closed doors</a> in secret with those telco lobbyists.
<br /><br />
Well-connected telco-beat reporter Dave Burstein is now claiming that this past weekend, the top broadband lobbyists <a href="http://fastnetnews.com/dslprime/42-d/3336-newsbreak-atat-asked-apple-to-block-youtube-on-iphone" target="_blank">finalized the deal on their version of net neutrality</a>, with part of the deal being a back-scratcher promise to dump a bunch of money into the campaign coffers of Democrats this upcoming election season:
<blockquote><i>
 This weekend, uber-lobbyists Cicconi (AT&#038;T), Tauke (Verizon) and McSlarrow (Cable) are at the FCC to make a final deal on net neutrality, Arbogast and Kaut report. Ivan Seidenberg has put enormous pressure on the White House to intervene, and the rumor is that chief of staff Rahm Emanuel is telling agencies to go along. Seidenberg, who has been to the White House 16 times,made a major D.C. speech suggesting that the business community would throw their money and power against the Democrats in the campaign. NN was one of the specific points he demanded. 
<br /><br />
       Under pressure like that, Julius has already agreed to almost everything Cicconi really wants, including loopholes wide enough to carry 350 TV channels. K &#038; A say there is still some opposition so that nothing is final and that the public interest groups are ready to assail Julius. Meanwhile, Verizon and Google are discussing a separate peace that will make the FCC irrelevant.  
<br /><br />
       This one is about power and money, not principle. The likely outcome is an agreement that will allow everyone to say noble things, will allow Julius to look himself in the mirror, and will essentially have no substance. 
</i></blockquote>
Now, as Burstein notes, this isn't "final," so things could change, but everyone should have seen this coming.  Yes, network neutrality principles are important, but fighting for network neutrality and understanding how the political process works are two different things -- and it's been obvious for years that any attempt to enshrine net neutrality in the law would almost certainly be twisted by telco lobbyists.<br /><br /><a href="http://www.techdirt.com/articles/20100804/01093610486.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100804/01093610486.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100804/01093610486.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>careful-what-you-ask-for</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100804/01093610486</wfw:commentRss>
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<pubDate>Fri, 23 Jul 2010 07:59:11 PDT</pubDate>
<title>Funny How All The Senators Supporting Anti-FCC Bill, Have Raised Lots Of Money From AT&#038;T</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100722/16060410325.shtml</link>
<guid>http://www.techdirt.com/articles/20100722/16060410325.shtml</guid>
<description><![CDATA[ We mentioned, when the recent FCC report on broadband came out, that it seemed notable that the first politician out of the gate complaining about it, Rep. Cliff Stearns just happened to have had <a href="http://www.techdirt.com/articles/20100721/00274810301.shtml">massive financial support</a> from the biggest broadband players around when it came to raising money for his political campaigns.  Given that, it seemed worth looking into the sponsors of a <a href="http://thehill.com/blogs/hillicon-valley/technology/110121-demint-to-introduce-bill-blocking-net-neutrality-fcc-overreach" target="_blank">new bill designed to prevent the FCC</a> from implementing net neutrality rules.  Now I'm still not convinced the FCC really has the authority to do what it's trying to do, but I find it even more troubling when a group of Senators get together and call a new bill the "Freedom for Consumer Choice Act (FCC Act)," and it seems like they're all funded by AT&#038;T.  Somehow, I don't think that AT&#038;T is supporting "freedom for consumer choice" when it comes to broadband.  Over the years, they've done exactly the opposite, and worked hard to limit competition.
<br /><br />
So, let's see.  The bill's main sponsor is Senator Jim DeMint.  Over the course of his career... <a href="http://www.opensecrets.org/politicians/contrib.php?cycle=2010&#038;cid=N00002472&#038;type=C" target="_blank">AT&#038;T is the second largest contributor</a> to his campaigns.  <a href="http://www.opensecrets.org/politicians/contrib.php?cycle=Career&#038;cid=N00005601&#038;type=C" target="_blank">Ditto</a> for Senator Tom Coburn.  John Cornryn no doubt knows that <a href="http://www.opensecrets.org/politicians/contrib.php?cycle=Career&#038;cid=N00024852&#038;type=I" target="_blank">AT&#038;T is the 4th biggest contributor</a> to his campaigns over the years, and Orrin Hatch must be happy that AT&#038;T is the <a href="http://www.opensecrets.org/politicians/contrib.php?cycle=Career&#038;cid=N00009869&#038;type=I" target="_blank">fifth largest contributor to his campaigns</a> over the years (amusingly, AT&#038;T is the only non-healthcare company in the top 8 on Hatch's list).
<br /><br />
There are three other co-sponsors who <i>don't</i> have AT&#038;T among their top contributors, but apparently they all want to start.  If you drill down and look at campaign contributions <i>this year</i> all three -- <a href="http://www.opensecrets.org/politicians/contrib.php?cycle=2010&#038;cid=N00006619&#038;type=C" target="_blank">John Ensign</a>, <a href="http://www.opensecrets.org/politicians/contrib.php?cycle=2010&#038;type=C&#038;cid=N00003062&#038;newMem=N&#038;recs=20" target="_blank">Jeff Sessions</a> and <a href="http://www.opensecrets.org/politicians/contrib.php?cycle=2010&#038;cid=N00004572&#038;type=C" target="_blank">John Thune</a> see AT&#038;T appearing on their list of top contributors after being absent in previous years.
<br /><br />
Funny how that works.
<br /><br />
Now, of course, you could argue that AT&#038;T contributes to politicians who have the same views as AT&#038;T, rather than that these politicians are responding to AT&#038;T's bidding.  But, either way, it's hard to argue with a straight face that this particular bill has anything to do with protecting <i>consumers</i>, when it's pretty clearly designed to protect <i>AT&#038;T</i>.
<br /><br />
I've seen people suggest in the past that elected officials should have to wear "sponsorship patches," like Nascar racers, to show who funded their campaigns.  While I think the idea was a joke, I have to admit, it's growing on me.  Also, a special thanks to Karl Bode for inspiring me to write this post, in noting that <a href="http://twitter.com/KarlBode/statuses/19281879166">none of the press coverage</a> of the newly introduced bill seems to note the AT&#038;T contributions to these Senators...<br /><br /><a href="http://www.techdirt.com/articles/20100722/16060410325.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100722/16060410325.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100722/16060410325.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>just-saying</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100722/16060410325</wfw:commentRss>
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<pubDate>Wed, 21 Jul 2010 03:43:22 PDT</pubDate>
<title>FCC Finally Admits US Broadband Competitiveness Sucks; Broadband Co's Then Order Their Favorite Politicians To Trash FCC</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100721/00274810301.shtml</link>
<guid>http://www.techdirt.com/articles/20100721/00274810301.shtml</guid>
<description><![CDATA[ Every year, the FCC is required to come out with a report on broadband competitiveness.  Every year, it's a joke.  Way back in 2006, the GAO looked at the 2005 report and pointed out that the FCC's <a href="http://www.techdirt.com/articles/20060508/1839210.shtml">methodology sucked</a> and was highly inaccurate.  Basically, the FCC looked at whether or not a single node in a zip code was wired for broadband (defined at some laughably low rate), and declared that the provider offered service across that entire zip code.  On top of that, it relied on the broadband providers themselves to let the FCC know who was covered.  So, in theory, you could have a zip code where only two houses were covered by broadband, and the FCC would define that entire zip code as not only covered, but a competitive market.  That was in 2006.  Yet, the FCC basically ignored the GAO and <a href="http://www.techdirt.com/articles/20071102/033937.shtml">kept putting out</a> its bogus reports each year, even as the GAO continued to <a href="http://www.techdirt.com/articles/20061130/143447.shtml">highlight the problems</a> of the report.
<br /><br />
So here we are, years later, and the FCC has <i>finally, finally, finally</i> changed its methodology and for the first time released a report <a href="http://www.dslreports.com/shownews/FCC-1424-Million-Without-Broadband-109473" target="_blank">admitting that all is not well in the US broadband market</a>.  As Broadband Reports notes:
<blockquote><i>
The report ditches the inaccurate zip code determination, and takes the long-overdue step of bumping the minimum definition of broadband from just 200 kbps, to at least 4 Mbps downstream and 1 Mbps upstream. 
</i></blockquote>
I should admit, by that definition, even I don't have broadband at home.  To be honest, I'm less concerned about the amount of people who have access to broadband, as I am about the actual level of competition, which isn't really covered by this report.  Still, it's amusing to see how angry the telcos and some elected officials are about the FCC finally telling the truth.
<br /><br />
A telco lobbying organization, US Telecom immediately <a href="http://thehill.com/blogs/hillicon-valley/technology/109579-broadband-providers-negative-fcc-report-would-strain-credulity" target="_blank">trashed the report</a> saying it "strained credulity."  And, it didn't take elected officials long to start grandstanding as well.  Rep. Cliff Stearns wasted little time <a href="http://thehill.com/blogs/hillicon-valley/technology/109791-rep-stearns-perplexed-by-fccs-broadband-report" target="_blank">blasting the FCC report</a>, saying he was "perplexed" by the report.
<br /><br />
Perhaps we can clear up some of the confusion.  You see, it appears that over the course of Cliff Stearns career, the single largest contributor to his campaign was (you guessed it) <a href="http://www.opensecrets.org/politicians/summary.php?cycle=Career&#038;type=I&#038;cid=N00002782&#038;newMem=N" target="_blank">AT&#038;T</a>.  Oh, and as for this year's campaign, it's probably worth noting that while AT&#038;T is still his top contributor <a href="http://www.opensecrets.org/politicians/summary.php?type=C&#038;cid=N00002782&#038;newMem=N&#038;cycle=2010" target="_blank">Comcast and Verizon are number two and three</a> respectively, and closing in fast.  And, of course, in the last election (2008), Stearns' top two contributors were <a href="http://www.opensecrets.org/politicians/summary.php?cycle=2008&#038;type=C&#038;cid=N00002782&#038;newMem=N" target="_blank">AT&#038;T and the National Cable &#038; Telco Association</a>.  Verizon was fourth.  But I'm sure that has <i>nothing</i> whatsoever to do with Stearn's confusion over the FCC report.  Couldn't possibly be...  And people wonder why every day citizens think that DC is corrupt.<br /><br /><a href="http://www.techdirt.com/articles/20100721/00274810301.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100721/00274810301.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100721/00274810301.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>gee,-who-coulda-thunk-it</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100721/00274810301</wfw:commentRss>
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<pubDate>Wed, 26 May 2010 16:10:59 PDT</pubDate>
<title>Should Companies Have A 'Privacy' Right To Shield The Release Of Damaging Info?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100525/1906469574.shtml</link>
<guid>http://www.techdirt.com/articles/20100525/1906469574.shtml</guid>
<description><![CDATA[ Should companies have privacy rights?  With recent legal rulings suggesting that companies have <a href="http://www.techdirt.com/articles/20100201/1903207997.shtml">similar legal rights</a> to individuals, does that include privacy rights?  A bunch of groups, including Public Citizen and the EFF, have <a href="http://www.citizen.org/pressroom/pressroomredirect.cfm?ID=3138" target="_blank">filed an amicus brief</a> in a case that looks into that question.  The lawsuit is between the FCC and AT&#038;T.  It seems that the FCC had done an investigation where it determined that AT&#038;T -- the same company that has "helped out" the government by explaining how the feds could get around pesky oversight rules by <a href="http://www.techdirt.com/articles/20100121/1418107862.shtml">using post-it notes</a> -- has been over-billing the government. 
<br /><br />
That seems like pretty interesting information, and some others thought so -- which is why a Freedom of Information Act request was made to the FCC, and the FCC agreed to hand over the documents concerning the investigation.  AT&#038;T, in response, sued the FCC, saying that releasing this info would violate the company's "personal privacy."   Huh?  It's hard to see how a company has "personal privacy."  You can understand not releasing confidential information that involves a trade secret, or other such information.  But claiming that details of an investigation of how you may have bilked the government is "private" info seems a bit absurd.  If that was the case, then any company could demand that any embarrassing information never be released.
<br /><br />
Unfortunately, the Third Circuit Court of Appeals agreed with AT&#038;T, suggesting that the exemption in the Freedom of Information Act for "personal privacy" does, in fact, apply to AT&#038;T as well.  The new brief urges the Supreme Court review the case:
<blockquote><i>
Unless the Supreme Court takes the case and reverses the Third Circuit decision, records about safety violations at a coal mine, environmental problems at an offshore oil rig, filthy conditions at a food manufacturing plant, financial shenanigans at an investment bank and many other records like these may be the subject of so-called corporate privacy claims that could result in agencies withholding those records from the public under FOIA.
</i></blockquote><br /><br /><a href="http://www.techdirt.com/articles/20100525/1906469574.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100525/1906469574.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100525/1906469574.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>if-a-company-is-a-person...</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100525/1906469574</wfw:commentRss>
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<pubDate>Wed, 5 May 2010 19:10:24 PDT</pubDate>
<title>Sirius XM Not Happy With The FCC, Again</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20100503/0947129280.shtml</link>
<guid>http://www.techdirt.com/articles/20100503/0947129280.shtml</guid>
<description><![CDATA[ Satellite-radio company Sirius XM has never been the best of friends with the FCC, thanks largely to the <a href="http://www.techdirt.com/articles/20080724/1605121781.shtml">molasses-like speed</a> with which the Commission moved to approve the Sirius-XM merger and the silly restrictions it attached to its approval -- measures which helped push the company <a href="http://www.techdirt.com/articles/20090211/0135563731.shtml">into bankruptcy</a>. The animosity is bubbling up again, as Sirius XM isn't happy that the FCC may soon allow some radio spectrum that's near the company's spectrum <a href="http://www.rbr.com/radio/23877.html">to be used for wireless broadband services</a>. The spectrum in question is in the 2.3 GHz range. One chunk of it was auctioned off to telcos in 1997, and it's since been used for fixed backhaul transmissions for their networks, but the FCC (and the telcos) would like to see it used for wireless broadband services like WiMAX. An adjoining chunk is used by Sirius XM's network of terrestrial repeaters that complement its satellite signal coverage, and the company is concerned about those repeaters being overpowered and interfered with. This is the typical sort of posturing that comes out of any company who has spectrum that's "threatened" -- like <a href="http://techdirt.com/articles/20070423/142807.shtml">broadcasters</a> seeking to use regulation to stifle any competition from new technologies. The interference issues are important, but the FCC knows that, and typically works to ensure that they <a href="http://www.techdirt.com/articles/20080331/113902704.shtml">aren't a problem</a>. What makes this objection from Sirius XM a little bit ironic, though, is that the the two companies have been <a href="http://www.washingtonpost.com/wp-dyn/content/article/2008/07/24/AR2008072401329.html?nav=rss_technology">cited in the past</a> by the FCC because their terrestrial repeaters violated interference rules. Rules that allow for the more flexible use of spectrum -- while respecting interference -- are the best way forward for everyone, and like the NAB's spurious arguments against the Sirius-XM merger, the satellite company's objections should be rejected here.<br /><br /><a href="http://www.techdirt.com/articles/20100503/0947129280.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100503/0947129280.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100503/0947129280.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>irony</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100503/0947129280</wfw:commentRss>
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<pubDate>Mon, 3 May 2010 19:36:11 PDT</pubDate>
<title>Startup Still Clamoring For Free Spectrum To Build Out Wireless Broadband</title>
<dc:creator>Carlo Longino</dc:creator>
<link>http://www.techdirt.com/articles/20100427/0825579193.shtml</link>
<guid>http://www.techdirt.com/articles/20100427/0825579193.shtml</guid>
<description><![CDATA[ Back in 2006, a startup called M2Z Networks asked the FCC to give it a sizable chunk of valuable spectrum <a href="http://techdirt.com/articles/20060517/1027232.shtml">for free</a>, and in exchange, it would set up a nationwide wireless broadband network to offer free (and slow) "family-friendly" service and pay the government 5% of the revenues from a paid premium service also running on the network. We were skeptical of the plan because of its aggressive rollout schedule and the network's slow speed ("512 kbps" -- keep that figure in mind -- for the free tier/3 mbps for the paid tier), but mostly because of the huge expenditure required to build out a wireless network covering 95 percent of the US population -- expenditure which would be very difficult to recover from a free, slow service. The FCC wasn't convinced, either, and <a href="http://techdirt.com/articles/20070903/153325.shtml">rejected</a> M2Z's proposal in 2007, though that wasn't the end of it. A congresswoman <a href="http://techdirt.com/articles/20080418/133207890.shtml">introduced</a> a bill tailor-made for M2Z's specs, but it went nowhere. Still, M2Z lives on, and it's now <a href="http://news.yahoo.com/s/pcworld/20100426/tc_pcworld/countiesm2zproposefreebroadbandnetwork">looking for a chunk of stimulus funding</a> to start building its network.
<br /><br />
It doesn't look like M2Z has updated its plan at all since 2006, doing nothing to address any of the concerns, beyond replacing the need for private investment with a second government handout, on top of its free spectrum. In particular, they don't seem to have upped their targets for the speed of their network. What the company was proposing wasn't exactly fast in 2006, is pretty pokey now, and will be even less attractive by the time its network would get up and running. In addition, it's worth clarifying that the <a href="http://www.m2znetworks.com/faqs/">"512 kbps" M2Z talks about</a> is arrived at by <i>adding</i> the 384kbps downstream speed plus the 128 kbps upstream speed they plan to offer. That's a new trick we haven't seen before, even in the world of <a href="http://techdirt.com/articles/20090108/1101263332.shtml">"up to"</a> broadband speed advertising.<br /><br /><a href="http://www.techdirt.com/articles/20100427/0825579193.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100427/0825579193.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100427/0825579193.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>now-with-added-free</slash:department>
<wfw:commentRss>http://www.techdirt.com/comment_rss.php?sid=20100427/0825579193</wfw:commentRss>
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<pubDate>Tue, 6 Apr 2010 10:01:00 PDT</pubDate>
<title>Court Tells FCC It Has No Mandate To Enforce Net Neutrality (And That's A Good Thing)</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100406/0930118895.shtml</link>
<guid>http://www.techdirt.com/articles/20100406/0930118895.shtml</guid>
<description><![CDATA[ This should come as no surprise, given that the court <a href="http://www.techdirt.com/articles/20100108/1315247679.shtml">indicated</a> this a few months back, but it's now official that <a href="http://news.cnet.com/8301-13578_3-20001825-38.html" target="_blank">the FCC has no power to mandate net neutrality</a> or to punish Comcast (even with a <a href="http://www.techdirt.com/articles/20080713/1401571658.shtml">gentle wrist slap</a>) for its traffic shaping practices.  Lots of people seem upset by this, but they should not be.  This is the right decision.  The FCC was clearly going beyond its mandate, as it has no mandate to regulate the internet in this manner.  In fact, what amazed us throughout this whole discussion was that it was the same groups that insisted the FCC had <a href="http://www.techdirt.com/articles/20040310/0045239.shtml">no mandate</a> over the broadcast flag, that suddenly insisted it did have a mandate over net neutrality.  You can't have it both ways (nor should you want to).  Even if you believe net neutrality is important, allowing the FCC to overstep its defined boundaries is <i>not</i> the best way to deal with it.  So for those of you upset by this ruling, look at it a little more closely, and be happy that the FCC has been held back from expanding its own mandate.  Otherwise, the next time the FCC tried to do something like the broadcast flag or suddenly decided it could enforce "three strikes," you'd have little argument.
<br /><br />
That doesn't mean that Comcast should get off free for its actions.  It should still be punished -- but by the FTC, rather than the FCC -- for misleading its customers about what type of service they were getting, and what the limitations were on those services.  As for the FCC, if it really wants a more neutral net, it should focus on making sure that there's real competition in the market, rather than just paying lip service to the idea in its <a href="http://www.techdirt.com/articles/20100315/2305158574.shtml">broadband plan</a>.<br /><br /><a href="http://www.techdirt.com/articles/20100406/0930118895.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100406/0930118895.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100406/0930118895.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>got-it-right</slash:department>
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<pubDate>Tue, 16 Mar 2010 06:32:00 PDT</pubDate>
<title>Want To Know How Meaningless The FCC's Broadband Plan Is? No One Is Upset By It</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100315/2305158574.shtml</link>
<guid>http://www.techdirt.com/articles/20100315/2305158574.shtml</guid>
<description><![CDATA[ There was lots of press coverage about the FCC's broadband plan on Monday, as the commission released an exec summary of its nearly 400-page plan for broadband in the US.  If you want to wade through the details, <a href="http://download.broadband.gov/plan/national-broadband-plan.pdf" target="_blank">it's all there online for you</a>.  But, if you want a basic summary, it appears that, like pretty much everything this FCC is doing, it's a lot of talk and little of consequence.  So far, I've seen statements from lobbyists on pretty much all sides of the issues "commending" or "applauding" or "supporting" the FCC.  And that's because there's basically <i>nothing controversial</i> and <i>nothing big</i> at all in the plan.  It appears to try to thread the needle and keep everyone happy -- and in doing so, it appears to <a href="http://www.prospect.org/csnc/blogs/tapped_archive?month=03&#038;year=2010&#038;base_name=more_of_a_national_broadband_t" target="_blank">punt on the all-important questions</a>.  If it was really about making the necessary changes, key players would be up in arms.  But they're not. 
<br /><br />
The report pays lip service to greater competition and talks about getting better data and about making better use of wireless spectrum.  Well, duh.  But it takes no bold steps -- does nothing to really take control out of the hands of the incumbent telco providers -- just as we <a href="http://www.techdirt.com/articles/20090114/2100263414.shtml">originally expected</a>, even if <a href="http://www.techdirt.com/articles/20090408/2138164440.shtml">really disruptive, but necessary, ideas</a> were considered, they don't appear in the final plan.
<br /><br />
In the end, it's the kind of plan you put forward if you're being political and don't want to make waves.  It's not the plan you put forward if you're making a bold leadership statement about how to really expand broadband in this country.  Too bad.<br /><br /><a href="http://www.techdirt.com/articles/20100315/2305158574.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100315/2305158574.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100315/2305158574.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>no-one</slash:department>
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<pubDate>Mon, 15 Mar 2010 21:18:00 PDT</pubDate>
<title>Is Verizon No Longer Betting On The Future?</title>
<dc:creator>Mike Masnick</dc:creator>
<link>http://www.techdirt.com/articles/20100312/1855128547.shtml</link>
<guid>http://www.techdirt.com/articles/20100312/1855128547.shtml</guid>
<description><![CDATA[ Back in 2003, we had written about how Verizon's CEO, Ivan Seidenberg, was <a href="http://www.techdirt.com/articles/20030725/1524210.shtml">betting big on future technologies</a>.  It was in response to a Business Week profile that oddly positioned the idea of installing fiber-to-the-home as being a huge risk.  Lots of investors were against it, because it was expensive.  But if you looked at where the market was really heading, you could see that it would position Verizon way ahead of the competition.  Broadband keeps getting faster.  While other companies were focusing on minor incremental improvements, Verizon wanted to leapfrog them all -- and has done a damn good job of it.  In many of the markets where Verizon FiOS is now offered, the competition is left in the dust.
<br /><br />
But, now, it sounds like the bean counters with a shortsighted quarterly focus may be winning out.  Broadband Reports is noting that <a href="http://www.dslreports.com/shownews/So-Is-This-Where-Verizons-FiOS-Deployment-Ends-107342" target="_blank">Verizon is basically giving up on any more FiOS implementations</a>.  If you're in an area that's not covered, don't expect Verizon to show up at your door with a fiber optic cable any time soon.  In fact, they're using the "threat" of not installing fiber to try to get more cash from the government:
<blockquote><i>
But according to long-time industry analyst Dave Burstein, Verizon's essentially cutting and running on additional deployment plans, leaving a very large chunk of their footprint on last-generation DSL and copper-based voice networks.
<br /><br />
Burstein tells Broadband Reports that he doesn't see Verizon expanding any further (with the exception of major cities where they've signed franchise agreements) unless they get money from Uncle Sam. "They want to get on the gravy train, although I think the new, less competitive leadership is the primary explanation," says Burstein when asked why. Seidenberg, the driving force behind the first wave of FiOS, is on his way out -- and his replacements aren't quite as bullish on angering investors for the sake of this whole "future" thing.
</i></blockquote>
Of course, they can do that when there isn't any real competition on the horizon.  We can hope that Google's <a href="http://www.techdirt.com/articles/20100210/1042478109.shtml">toe dipping</a> into high speed broadband turns into a bigger deal (at which point Google becomes the disruptive future-looking company instead of Verizon), but there's still not much of an indication that the company is planning to ever roll broadband out on a widespread basis.  In the meantime, of course, other countries that have much greater competition are also enjoying much faster speeds.  And, rather than dealing with that, the FCC is <a href="http://news.cnet.com/8301-19518_3-10468123-238.html?part=rss&#038;subj=news&#038;tag=2547-1_3-0-20&#038;utm_source=twitterfeed&#038;utm_medium=twitter" target="_blank">talking to puppets</a> (literally) about protecting kids from the evils of broadband.  And we wonder why we're so far behind other countries in broadband speeds.<br /><br /><a href="http://www.techdirt.com/articles/20100312/1855128547.shtml">Permalink</a> | <a href="http://www.techdirt.com/articles/20100312/1855128547.shtml#comments">Comments</a> | <a href="http://www.techdirt.com/articles/20100312/1855128547.shtml?op=sharethis">Email This Story</a><br />
 ]]></description>
<slash:department>that-would-be-bad</slash:department>
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