IPTV is Cable TV
A district court judge in Connecticut has ruled that AT&T’s U-Verse IPTV service is a cable TV service and therefore subject to local franchising requirements.
Archives for July 2007
The Technology Behind Deep Packet Inspection
Ars Technica is carrying a long article on the technology behind deep packet inspection, the hardware and software that gives ISPs fine-grained control over individual subscribers’ Internet connections, exactly what some network neutrality advocates worry about.
Verizon Willing to Accept Open Access
After initially rejecting it, Verizon says it will accept open-access requirements in the 700 MHz spectrum auction, reports Ars Technica. CNet News.com asks, Is this for real?.
U.S. v. Forrester Amended
Orin Kerr writes that the 9th Circuit has amended its decision in U.S. v. Forrester, a case involving the use of spyware for police surveillance.
Creating Legislation on the Web
Illinois Senator Dick Durbin has founded OpenLeft.com, a site to allow public participation in the creation of broadband legislation. Reported at CNet News.com and the Save the Internet Blog.
4th Amendment on Password-Protected Sites
Orin Kerr writes about United States v. D’Andrea, in which the Massachusetts District Court ruled that password-protected web sites are covered by the 4th Amendment.
Google's Neutral Spectrum Bid
U. of Chicago law professor Randy Picker writes about Google’s bid in the 700 MHz spectrum auction and its desire to impose open platform requirements on whoever wins the auction.
More on Freeing the iPhone
From the Apple Matters blog, Devanshu Mehta writes On Freeing Consumers, Innovators, and the iPhone, discussing wireless spectrum, Carterphone, and Prof. Tim Wu’s comments at the iPhone Hearing.
AT&T Endorses Wireless Carterphone
AT&T endorsed an FCC plan to impose Carterphone-like requirements on the 700 MHz spectrum auction. The proposal would require part of the auctioned spectrum to be accessible with any device or software application. Verizon Wireless continues to oppose the requirement, whereas Google supports it.
Spyware from the FBI
Wired News reports on the FBI’s use of spyware for surveillance. Orin Kerr comments at the Volokh Conspiracy.
Trespassing Pop-Up Ads
Eric Goldman writes about advertiser liability for pop-up advertising, in Burgess v. American Express Co. He writes that the court ruling is “interesting because it reinforces the potential that advertisers can be directly/contributorily liable for a trespass to chattels based on how their advertising is delivered.”
27,000 Comments on Net Neutrality
Ars Technica reports that the FCC received 27,000 comments on net neutrality after its public request.
Internet Radio and DRM
William Patry writes about internet radio, royalties, and DRM.
Freeing the iPhone from AT&T
Congress’ “iPhone Hearings,” at which Prof. Tim Wu testified, resulted in criticism of AT&T for locking purchasers of Apple’s new iPhone into an exclusive contract with high termination fees.
Prof. Wu was quoted in two more articles on the subject: ConsumerAffairs.com writes Congress Slams AT&T Over iPhone Contract, Fees. CNet News.com writes Unlock the cell phone? It’s a high-stakes debate.
Meanwhile, Free Press has started an initiative to Free the iPhone.
How DRM Becomes Law
Blogger and Internet activist Cory Doctorow has written an article for Information Week about How DRM Becomes Law. He covers the history of Digital Rights Management from the original Sony VCR up to HD-DVD.
No More Email for NJ Gov.
New Jersey Governor Jon Corzine has decided to stop using email in response to a lawsuit seeking disclosure of past email messages. “We’ll go back to the 1920s, and have direct conversations with people,” he said.
The WSJ Law Blog comments about disclosure of emails in litigation.
Tim Wu at iPhone Hearings
The Huffington Post’s Timothy Karr reviews the so-called iPhone Hearings in Congress about the future of the wireless industry. The post includes video clips of each witness, including Columbia Prof. Tim Wu’s testimony [video].
Save the Internet is publishing the same summary.
Lessig on "Digital Sharecropping"
Lawrence Lessig has a new piece published in the Washington Post about what he calls Digital Sharecropping, when media publishers—Lucasfilm, in this case—allow users to remix their content but claim exclusive ownership of those remixes.
Copyrights and Patents in Defibrillators
William Patry writes about Hutchins v. Zoll Medical Corp., a Federal Circuit case involving both patents and copyrights in the software controlling portable defibrillators. From the decision: “copyright covers the way the process is described in the written or electronic form of the computer program, but does not cover the process independent of the copyrighted program.”
7th Circuit Cites YouTube Video
Eric Goldman writes about a decision in which Judge Evans cites a YouTube video of baseball player George Brett. The video has since been taken due to a copyright infringement claim by Major League Baseball. “Let’s hope for the Seventh Circuit’s sake that such encouragement isn’t contributory copyright infringement…” Goldman writes.
Unlocking the iPhone
A well-known hacker has already succeeded in unlocking the iPhone so that it does not require AT&T activation. Mike Madison considers the DMCA implications.
iPhone Hearings Start Today
Today Congress holds a hearing on “Wireless Innovation and Consumer Protection,” which is already becoming known as the “iPhone Hearing.” Columbia Prof. Tim Wu is among those testifying.
The announcement is on the committee schedule with the full witness list [PDF].
Comments on preparation for the hearing by public interest groups are at tech.blorge.com, TMCnet, and Ars Technica.
9th Circuit Rules "Headers" Not Private
Orin Kerr writes about the 9th Circuit decision in United States v. Forrester, ruling that surveillance of “header” information such as email addresses and IP addresses does not violate the Fourth Amendment.
Interview About Verizon FiOS
CNet News.com interviews Verizon CTO Mark Wegleitner about the company’s FiOS network, which offers direct fiber-optic connections to homes carrying TV, voice, and Internet service.
Subpoenas for Keyword Purchases
Eric Goldman writes that Google has been subpoenaed for records of keyword advertising. “I suspect every trademark owner and SEO would LOVE to have this data,” he writes.
Net Neutrality: The First Draft
Prof. Tim Wu has posted an early, unpublished paper on network neutrality on his blog :
“I’ve decided to post the original paper I wrote on Net Neutrality but never published in original form.
“It was called A Proposal for Network Neutrality and I wrote it in the summer of 2002.
“Later I took parts of it and turned it into another paper called Network Neutrality, Broadband Discrimination
“Some of my ideas have changed since I wrote the 2002 paper, but I thought maybe it might be useful for anyone who is doing research into this area.”
The iPhone and Net Neutrality
Everyone’s talking about Apple’s new iPhone, including Columbia Prof. Tim Wu. His Slate article is cited in an article on AT&T’s early termination fee for iPhone customers.
Information Week references Wu’s Wireless Net Neutrality paper in a piece about the iPhone’s impact on wireless carriers.
Google Fights Web Censorship
The Associated Press reports that Google is asking trade officials to treat Internet censorship as a trade barrier. They reference Prof. Tim Wu’s paper, The World Trade Law of Internet Filtering, as a possible inspiration for this tactic.
GPL 3 Released
The Free Software Foundation has released version 3 of the General Public License, the “copyleft” license behind much open-source software. ZDNet has a summary of changes from version 2.
iPhone Not Quite a Revolution
Columbia law Prof. Tim Wu writes for Slate magazine about why Apple’s iPhone isn’t really revolutionary. “Seen as a phone, the iPhone is striking,” Wu writes, but “Seen as a small computer, it’s limited, and compromised by the existing business models of the wireless industry.”