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The Telecom Digest for April 25, 2014
Volume 33 : Issue 64 : "text" Format
Messages in this Issue:
F.B.I. Informant Is Tied to Cyberattacks Abroad (Monty Solomon)
In Policy Shift, F.C.C. Will Allow a Web Fast Lane (Monty Solomon)
Football team settles suit over text messages to fans for $3 million (Monty Solomon)
Aereo in the Supremes: A Post Mortem Post (Neal McLain)
Aereo in the Supremes: A Post Mortem Post (Neal McLain)

====== 32 years of TELECOM Digest -- Founded August 21, 1981 ======

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Date: Thu, 24 Apr 2014 01:22:02 -0400 From: Monty Solomon <monty@roscom.com> To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org. Subject: F.B.I. Informant Is Tied to Cyberattacks Abroad Message-ID: <p0624080bcf7e4fd179ce@[172.16.42.3]> F.B.I. Informant Is Tied to Cyberattacks Abroad By MARK MAZZETTI APRIL 23, 2014 WASHINGTON - An informant working for the F.B.I. coordinated a 2012 campaign of hundreds of cyberattacks on foreign websites, including some operated by the governments of Iran, Syria, Brazil and Pakistan, according to documents and interviews with people involved in the attacks. Exploiting a vulnerability in a popular web hosting software, the informant directed at least one hacker to extract vast amounts of data - from bank records to login information - from the government servers of a number of countries and upload it to a server monitored by the F.B.I., according to court statements. The details of the 2012 episode have, until now, been kept largely a secret in closed sessions of a federal court in New York and heavily redacted documents. While the documents do not indicate whether the F.B.I. directly ordered the attacks, they suggest that the government may have used hackers to gather intelligence overseas even as investigators were trying to dismantle hacking groups like Anonymous and send computer activists away for lengthy prison terms. ... http://www.nytimes.com/2014/04/24/world/fbi-informant-is-tied-to-cyberattacks-abroad.html
Date: Thu, 24 Apr 2014 01:09:08 -0400 From: Monty Solomon <monty@roscom.com> To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org. Subject: In Policy Shift, F.C.C. Will Allow a Web Fast Lane Message-ID: <p06240803cf7e4ccac419@[172.16.42.3]> In Policy Shift, F.C.C. Will Allow a Web Fast Lane By EDWARD WYATT APRIL 23, 2014 WASHINGTON - The principle that all Internet content should be treated equally as it flows through cables and pipes to consumers looks all but dead. The Federal Communications Commission said on Wednesday that it would propose new rules that allow companies like Disney, Google or Netflix to pay Internet service providers like Comcast and Verizon for special, faster lanes to send video and other content to their customers. The proposed changes would affect what is known as net neutrality - the idea that no providers of legal Internet content should face discrimination in providing offerings to consumers, and that users should have equal access to see any legal content they choose. ... http://www.nytimes.com/2014/04/24/technology/fcc-new-net-neutrality-rules.html [moderator pro tem's note: I don't think we should turn this group into yet another NN debate forum. What is the "telecom" angle? The DC Circuit's January decision overturning the previous NN rules, which never really took effect, said that the FCC couldn't apply common carrier regulation (neutrality) to ISPs while simultaneously denying that they were common carriers. It sounds like the next round will be similar, trying to get a more reasonable set of common carrier-like rules for ISPs while still not creating common carriage for the telecommunications function, the lower layers, which the Court said was okay. Anybody else see the problem? So it's really more political posturing. -fg]
Date: Thu, 24 Apr 2014 11:02:26 -0400 From: Monty Solomon <monty@roscom.com> To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org. Subject: Football team settles suit over text messages to fans for $3 million Message-ID: <p0624081acf7ed7d35aa0@[172.16.42.3]> Football team settles suit over text messages to fans for $3 million The Buffalo Bills went to court over texting fans one (or two) too many times. by Casey Johnston Apr 23 2014 Ars Technica A class-action lawsuit over too many text messages from the Buffalo Bills football team has been settled for a sum of $3 million, according to a report from the Buffalo News on Monday. The lawsuit's claim was that the Buffalo Bills were violating the federal Telephone Consumer Protection Act, which regulates phone solicitations, by sending texts to fans' phones one too many times. The texts in question were sent to Bills fans who enrolled in an alert service on the team's website. According to the site, the service would send fans three to five texts for 12 months. Jerry Wojcik, the class-action leader, filed the suit in 2012 when he received six texts in one week and seven the next. ... http://arstechnica.com/tech-policy/2014/04/football-team-settles-suit-over-text-messages-to-fans-for-3-million/
Date: Thu, 24 Apr 2014 12:46:07 -0700 (PDT) From: Neal McLain <nmclain.remove-this@and-this-too.annsgarden.com> To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org. Subject: Aereo in the Supremes: A Post Mortem Post Message-ID: <d5725927-deb9-4d17-8f28-95c64267a777@googlegroups.com> By FHH Law, CommLawBlog, April 23, 2014 | So the storm that had been brewing for some months -- the | long-impending Aereo argument in the Supreme Court -- has now come | and gone, and we are left to sift through what remains to try to | figure out what's next. | | We are pleased to report that, as planned, our intrepid reporters | on the Aereo beat, Kevin Goldberg and Harry Cole, attended the | argument (nearly front-row seats, thank you very much) and were | able to provide an overview of the festivities on CommLawBlog Live! | less than three hours after the gavel came down in the courtroom. | (That's just a metaphor -- Chief Justice Roberts did not appear to | wield an actual gavel.) For those of you who missed it, you can | catch a recording of the audio portion here, although you'll miss | the video of Kevin and Harry -- which is, of course, the price you | pay for not signing up for the live presentation. Continued: http://www.commlawblog.com/2014/04/articles/broadcast/aereo-in-the-supremes-a-post-mortem-post/index.html -or- http://tinyurl.com/ltstr3p I watched the webinar that Kevin and Harry steamed yesterday, and took numerous scribbled notes. From my notes: - Cole stated that Aereo's attorney (David Frederick) was "unbelievably good." - Attorney Frederick repeatedly claimed that a decision against Aereo would negatively affect "cloud" storage for all other uses. But the DoJ's amicus brief specifically countered this claim. [1] - Justices Sotomayor, Breyer, Kagan, and Roberts all asked variations of the same question: "How does Aereo differ from a cable system?" - The issue of "static" antennas came up a few times: does Aereo assign a specific ("static") antenna to each customer, or does the customer get whatever antenna is available when he/she logs in? - The Court was narrowly focused on the Second Circuit's 2-1 decision favoring Aereo. There was no mention of the Tenth Circuit's decision (favoring plaintiffs) or the FilmOn X case (enjoined by the DC District Court). - The questions asked by the members of the court did not indicate any definite positions. In Cole's opinion, "the case is too difficult to call." [2] [1] The DoJ specifically addressed this claim in its amicus brief: | [The DOJ's position] should not call into question the | legitimacy of businesses that use the Internet to provide | new ways for consumers to store, hear, and view their own | lawfully acquired copies of copyrighted works. FFH Law cited this issue in a previous post: http://tinyurl.com/la49hhe Neal McLain
Date: Thu, 24 Apr 2014 12:46:07 -0700 (PDT) From: Neal McLain <nmclain.remove-this@and-this-too.annsgarden.com> To: telecomdigestmoderator.remove-this@and-this-too.telecom-digest.org. Subject: Aereo in the Supremes: A Post Mortem Post Message-ID: <d5725927-deb9-4d17-8f28-95c64267a777@googlegroups.com> By FHH Law, CommLawBlog, April 23, 2014 | So the storm that had been brewing for some months -- the | long-impending Aereo argument in the Supreme Court -- has now come | and gone, and we are left to sift through what remains to try to | figure out what's next. | | We are pleased to report that, as planned, our intrepid reporters | on the Aereo beat, Kevin Goldberg and Harry Cole, attended the | argument (nearly front-row seats, thank you very much) and were | able to provide an overview of the festivities on CommLawBlog Live! | less than three hours after the gavel came down in the courtroom. | (That's just a metaphor -- Chief Justice Roberts did not appear to | wield an actual gavel.) For those of you who missed it, you can | catch a recording of the audio portion here, although you'll miss | the video of Kevin and Harry -- which is, of course, the price you | pay for not signing up for the live presentation. Continued: http://www.commlawblog.com/2014/04/articles/broadcast/aereo-in-the-supremes-a-post-mortem-post/index.html -or- http://tinyurl.com/ltstr3p I watched the webinar that Kevin and Harry steamed yesterday, and took numerous scribbled notes. From my notes: - Cole stated that Aereo's attorney (David Frederick) was "unbelievably good." - Attorney Frederick repeatedly claimed that a decision against Aereo would negatively affect "cloud" storage for all other uses. But the DoJ's amicus brief specifically countered this claim. [1] - Justices Sotomayor, Breyer, Kagan, and Roberts all asked variations of the same question: "How does Aereo differ from a cable system?" - The issue of "static" antennas came up a few times: does Aereo assign a specific ("static") antenna to each customer, or does the customer get whatever antenna is available when he/she logs in? - The Court was narrowly focused on the Second Circuit's 2-1 decision favoring Aereo. There was no mention of the Tenth Circuit's decision (favoring plaintiffs) or the FilmOn X case (enjoined by the DC District Court). - The questions asked by the members of the court did not indicate any definite positions. In Cole's opinion, "the case is too difficult to call." [2] [1] The DoJ specifically addressed this claim in its amicus brief: | [The DOJ's position] should not call into question the | legitimacy of businesses that use the Internet to provide | new ways for consumers to store, hear, and view their own | lawfully acquired copies of copyrighted works. FFH Law cited this issue in a previous post: http://tinyurl.com/la49hhe Neal McLain
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