Public Policy

February 28, 2008

Stopping the Signal: Another Look at China's "Great Firewall"

With the Beijing 2008 Olympics fast approaching and the recent announcement by the International Olympics Committee to allow athletes to post personal blogs during the games, so long as they follow fairly limiting content guidelines, talk is buzzing again around China's so-called "Great Firewall," now with the addition of the "Golden Shield" -- an elaborate filtering system that prevents undesirable internet content from being viewed.

According to a great article by James Fallows at The Atlantic, plans are in place to open up a range of IP addresses that the government expects to cater to foreign visitors for the length of the games.

The move comes as no surprise to anyone who's been inside a high-end Chinese hotel where the extravagant lobbies give way to mediocre rooms where the curtains don't hang right: China has been notoriously good at putting on a show for western visitors (and potential investors).

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February 24, 2008

FCC Hearing on the Future of the Internet

For anyone here in the Boston area, I wanted to put it on your radar to attend the Boston FCC hearing on the future of the Internet, which will be taking place tomorrow, Monday, Feb. 25, from 11 a.m. until 4 p.m. in the Ames Courtroom at Austin Hall in Harvard Law School. The hearing will not include an open microphone for the public at large to voice their opinion as part of the event, but activist group "SaveTheInternet" will be videotaping the comments of those in attendance and submitting them to the FCC.

A wide variety of speakers will be present as part of the event, which will revolve around two 1.5-hour panels. The first will feature Harvard Law School professor Yochai Benlker, author of The Wealth of Networks, as well as a variety of other law professors, a general counsel for Free Press, Massachusetts State Representative Daniel E. Bosley, and Comcast EVP David L. Cohen.

The second panel will focus on technology and include the Chief Technology Officer of BitTorrent, a network architect, SVP of Networks & Systems Architecture for Sony Electronics, and three MIT speakers.

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February 18, 2008

UK ISPs and Piracy Monitoring

The latest in continuing controversy about the role of Internet service providers in monitoring or having any responsibility or culpability in the actions of its customers comes from the United Kingdom, where Mark Ward from the BBC reports on governmental pressure directed toward ISPs to reject net access to those who use their Internet service for pirating copyrighted content.

Ward writes about a new consultation document that has been circulated in the UK this week, advising the government that ISPs should be brought into "the fight against piracy." However, the Internet Service Providers Association (ISPA) has come out in staunch opposition to the suggestion, pointing out that "the 2002 E-Commerce Regulations defined net firms as 'mere conduits' and not responsible for the contents of the traffic flowing across their networks.

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September 17, 2007

Privacy and Information Ownership: The Rapleaf Controversy

The past few weeks, I've been following the controversy around Rapleaf, a company that got some attention in early 2006 as an expanded, more powerful version of Ebay's feedback system, which would allow people to build and look up the "reputations" of other by entering an email address. Profiles on Rapleaf can include everything from your age to your political affiliations to what books you want to buy, as well as testimonials from people who have done business with you (though it's unclear how Rapleaf verifies that these testimonials are legitimate). In short, Rapleaf billed itself as a way to find out what you were getting into before entering a business transaction.

That proposition quickly became rather ironic once controversy surrounding the company started picking up speed in late August 2007, when some bloggers received email notifications from Rapleaf informing them that they had been searched.
While some of the backlash was directed at the "spam" factor of receiving annoying email invitations to Rapleaf, the most vocal outrage was over the potential invasion of privacy.

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September 13, 2007

Catching Up: Net Neutrality, Online Video Ads, and Nielsen

In my efforts to play a little catchup tonight with a week that has largely gotten away from me, I wanted to catch up on a few developments on stories the Consortium has followed quite regularly here on the blog.

First, there is network neutrality. The latest comes from the Justice Department, which has written to the Federal Communications Commission with official comments opposing net neutrality. While, at the time Ira Teinowitz wrote her piece for TelevisionWeek, the FCC had received almost 28,000 comments on the issue, most of which supported net neutrality being upheld, the Justice Department said that neutrality "could in fact prevent, rather than promote, optimal investment and innovation in the Internet." The comments have sparked some controversy, and it's not yet clear whether the pressure from the Justice Department will have a significant effect on the FCC's decision-making process.

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August 23, 2007

Free Market and Copyright

Another piece that I wanted to make it a point to respond to in my flurry of blog updates today comes from Steven Lipscomb. For those of you not familiar with Lipscomb, he is the founder, CEO, and Director of the World Poker Tour, whose content my friend John Morris is addicted to, including buying it on PPV.

Lipscomb wrote a recent commentary on the TelevisionWeek blog, pointing out how China demonstrates the future of capitalism because it enforces the rules of the market better than the United States.

The paragraph that caught my eye in particular? "Free market advocates should agree with this proposition. Either we abandon things like copyright ownership entirely... or we enforce it. Today we have a system that rewards the cheaters and discourages ethical behavior. That simply cannot be the capitalist system we desire."

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Moving Forward in Preparing for Digital Deadline

Looks like we've made one step forward in the planned digital deadline, the switch from analog broadcasting signals to digital television broadcasting in February 2009. That comes with the recent naming of IBM as the outsourced group in control of the coupon program the federal government will institute to help pay for converter boxes which will translate digital signals to be read by the analog televisions.

According to Ira Teinowitz's recent report on the decision, the National Telecommunications Information Administration awarded "IBM a contract worth up to $120 million. IBM will design a Web site, phone center and fulfillment procedures to track the issuing and redemption of the $40 coupons the government is offering to households without cable."

The converter boxes are expected to cost a maximum of $70, while the coupons will be for $40 off.

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August 6, 2007

FCC Preparing to Educate Public on Digital Deadline

The FCC is moving forward on finding ways to educate the public about the coming digital deadline, the Feb. 17, 2009, date when over-the-air analog broadcasts will be replaced by digital. For a number of Americans who only have analog television sets and no cable or satellite subscription, this will be a pivotal date without a digital-to-analog converter box or a new digital television, since they will no longer be able to watch TV.

Of course, this only comes after a wide variety of folks have criticized the government and the industry for not doing enough to inform Americans about such a big change being well under two years away. In response, the FCC has finally laid out a number of ideas, including public service announcements, notices that come with new television sets, and inserts in cable bills. However, although a digital deadline has been discussed for some time, a great number of Americans don't seem to know about the digital deadline.

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July 31, 2007

Followups on Coverage of Gambling, Viacom, Decency, and Fairness

I wanted to spend a few minutes this afternoon going through some recent news that provides updates for issues I have written about continually here on the blog. These include the Second Life gambling issues, the Viacom/YouTube case, and the indecency and Fairness Doctrine bills currently making their way through Congress.

1.) Gambling in Second Life. Word has officially been released that Second Life has shut down gambling inside the virtual world. I found out about it from Raph Koster's blog, as the new policy was released through the Second Life blog. The blog's Robin Linden writes that, even though there is no official gambling service in Second Life, they are still required to operate under governmental laws that regulate online gambling.

Users on Raph's blog debate issues such as whether poker is a game of chance, whether Second Life is better off or not with the gambling gone, and what this might mean for SL longterm, especially if the door for government intrusion stays open.

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July 25, 2007

Realities of the Digital Divide

I mentioned earlier today that the rate of technological change is often misunderstood. There are a group of people who want to bury their heads in the sand and pretend that everything is going to remain the same, to be sure, but there are likewise plenty of folks who want to believe that every change is revolutionary, will become widespread very quickly, and will completely overtake the outdated technologies and modes of the past and transform the world into a fundamentally democratic utopia.

However, the world can't be explained by such technological determinism, whether it be utopian or dystopian. And that includes remaining aware that, for all the discussions we have about the way the Internet is a primary driver in fundamentally changing the ways in which consumers interact with producers, fans interact with media properties and brands, readers interact with authors, and people simply interact with one another, we cannot pretend that there still does not exist a great digital divide among socioeconomic classes in individual countries and, even more sharply contrasted, between various peoples around the world.

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July 17, 2007

The Digital Deadline, Inefficient Preparation, and a New Digital Divide?

Not that long ago, I ran into Prof. Nolan Bowie, who teaches at the Kennedy School of Government at Harvard University down the road. I took a class with him on public policy issues surrounding new media last year, and I was intrigued to know that he would be writing a series of commentaries for The Boston Globe since, if nothing else, Nolan is always provocative.

What caught my eye when looking back over the articles I missed was his piece from last month on Bridging the TV Gap.

Those of you who follow the C3 blog fairly regularly may know that I've been quite concerned with the upcoming digital deadline, although also aware that the deadline could very well be moved again before all is said and done. The plan for analog television signals to be a think of the past by February 2009 is quite understandable when one understands the potential benefits for freeing the spectrum for more efficient uses, but the way in which the public has been informed, and plans have been made for such a digital deadline, has been...well...something less than efficient.

Nolan writes about the great benefits of the digital conversion but also about the dangers for low-income families, the need to follow this up with an emphasis on better and universally available high-speed broadband Internet connection, and concerns about what will happen with ownership rules with the proliferation of channels allowed by a completely digital media environment, as well as the substantial concern about the disposal of analog televisions. He warns, "Many poor and low income working poor families may not be able to afford new digital TV sets or suitable substitutes, thus creating a new kind of digital divide in addition to the expanding gaps associated with Internet access."

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July 12, 2007

Congress Talking Censorship, Fairness Doctrine

Two major congressional movements continue to pose potential major repercussions for the media industry and particularly for television.

The first is continued discussion about indecency enforcement, as Kansas Senator and Republican presidential hopeful Sam Brownback continues to make noise about "fleeting indecency" enforcement for the Federal Communications Commission and giving the FCC powers over violent programming. After courts questioned the definition of indecency in FCC decisions recently, Brownback is pushing for new legislation to be pushed through Congress to make these changes.

The discussion is to give FCC the authority for fining for "fleeting expletives" and the ability to fine networks for "excessively violent content."

John Eggerton with Broadcasting & Cable points out that the Parents Television Council is already hard at work trying to drum up support for the bill.

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December 10, 2005

Europe Proposes Terrible IP Precedent

(Via Atrios)

The New York Times reports that European lawmakers are proposing legislation that would criminalize patent violation and impose prison time on patent violators.

Tim Frain, director of intellectual property at Nokia, called the inclusion of patents within the scope of a European law "ludicrous." Mr. Frain, who is based outside London, advises managers at Nokia on the risks of infringing existing patents when they develop new functions for mobile phones.

Mr. Frain indicated that patent holders wanted protection, but not penalties of imprisonment as they test the boundaries of other patents.

"It's never black and white," he said of patents. "Sometimes third-party patents are so weak that I advise managers to go ahead and innovate because after making a risk analysis we feel we can safely challenge the existing patent."

He added, "But with this law, even if I'm certain the existing patent is no good, the manager involved would be criminally liable."

What he said. This move would absolutely have a chilling effect on innovation, especially given how poorly vetted most technological or conceptual/business practice patents are. Mandating prison time for accidentally trampling on a pre-existing patent (which may well be flawed) is an absolutely terrible idea.

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