Public Knowledge: In The Know -- April, 22 2009

Most recent activity:

April, 22, 2009

Issues: 
Copyright
Digital Millennium Copyright Act (DMCA)
Network Neutrality

What's New:

Public Knowledge Urges the Federal Government to Fulfill Congress' Vision for Universal Broadband

The American Recovery and Reinvestment Act of 2009 (commonly referred to as the "Stimulus Act"), sets aside over $7 billion to promote the deployment of broadband Internet services in underserved and unserved areas. As it prepares to allocate this money to service providers in the form of grants and loans, the National Telecommunications and Information Administration (NTIA) has initiated a discussion regarding the conditions that will have to be met by grantees. Public Knowledge participated in two public roundtables convened by the Agency, with PK President Gigi Sohn calling for strong net neutrality and interconnection requirements, while PK Communications Director Art Brodsky addressed the issues surrounding broadband mapping (see story below).

Meanwhile, the Public Interest Spectrum Coalition (PISC), led by Public Knowledge, called on both the NTIA and the Federal Communications Commission (FCC) to fulfill Congress' vision for universal broadband through the implementation of the Stimulus Act's Broadband Technology Opportunities Program (BTOP), in a set of comments drafted by PK policy analyst Mehan Jayasuriya. The PISC recommended that the States play a limited role in the process, so as to preserve transparency and reduce delay, that the NTIA ensure that all networks funded by taxpayer money are open, nondiscriminatory and interconnected, that $25 million in stimulus funds be set aside for a "small entities fund" and that the NTIA prioritize unserved and underserved areas, entities acting in the public interest and projects that aim to deploy infrastructure that will remain viable in the long-term.

For more on PK's involvement in the broadband stimulus initiatives, see this press release on the NTIA hearings and this blog post on the PISC's recommendations for the NTIA and FCC.

Related issues: Broadband Stimulus | Network Neutrality

Broad Coalition Asks Obama Administration for Balance in Intellectual Property Policy Appointments

Earlier this month, Public Knowledge, alongside 18 other public interest groups, library associations and trade associations, urged the Obama Administration to diversify its appointments to Intellectual Property (IP) policy positions, so as to promote innovation and free expression within Federal agencies. To date, the Obama administration has appointed five former Jenner and Block attorneys to high-level positions in the Justice Department. All five of these attorneys have previously represented the Recording Industry Association of America (RIAA), the industry trade group best known for its controversial lawsuits against users accused of illegal file sharing. "[W]e urge you to create offices in relevant agencies, including at PTO, USTR, and the Department of State, whose dedicated role is to promote innovation and advance the cause of progress in the sciences and useful arts," the 19 organizations wrote in a letter addressed to the Office of the President. "These values, which underlie the purpose behind our IP laws, must be fairly represented in the executive branch. By doing so, your administration can work to ensure that efforts to protect IP are balanced with the need to promote public discourse and advance innovation."

For more on the Administration's IP appointments, see this blog post and read the full text of the letter to the Administration here.

Related issues: Copyright

Public Interest Groups Criticize 'Privatization' of Broadband Mapping

As part of the $7 billion that the Stimulus Act allocates for broadband, $350 million has been set aside for broadband mapping initiatives that will identify areas of need and make data regarding the speed, price and availability of broadband services publicly available. Last month, a coalition of public interest groups, led by Public Knowledge, released an investigative report into the practices of Connected Nation, a private mapping group that is a likely frontrunner in the competition for stimulus funds. As the report reveals, Connected Nation has frequently misrepresented the results of its research and mapping, utilizes non-disclosure agreements to keep its data hidden from the public and has a number of telecommunications and cable lobbyists sitting on its board of directors. According to the report, "It would be a setback for our broadband policy if Connected Nation were to take a prominent role in broadband mapping and data collection if it continues on its present policy course because the organization does not represent wise public policy and because it distorts its results." In addition to releasing the report, Public Knowledge testified before the NTIA on the topic of broadband mapping, with PK Communications Director Art Brodsky insisting that taxpayer-funded broadband mapping should be executed in a manner that is transparent and that benefits the public interest.

For more on broadband mapping, read the full report and see this blog post.

Related issues: Broadband Stimulus

Public Knowledge Represents Consumer Rights at FTC Hearing

Last month, the Federal Trade Commission (FTC) held a hearing in Seattle, Washington, on the topic of Digital Rights Management (DRM) technologies. PK Staff Attorney Rashmi Rangnath was among the experts who testified at the hearing, which attempted to ascertain the nature of the impact that DRM has had on the consumer electronics and digital content markets. While DRM technology was originally designed to protect copyrighted works, Rangnath noted that it "has also been abused to severely harm the interests of consumers and competition" and recommended that the Digital Millennium Copyright Act (DMCA) be amended to permit DRM circumvention that would allow users to "to engage in lawful uses."

For more information on the hearing, see this blog post and read the full-text of Rashmi's comments

Related issues: DMCA | Copyright

USTR Takes First Step Toward ACTA Transparency

If you follow the Public Knowledge blog, you'll likely know all about ACTA, the secretive international trade agreement that the US, EU, Japan, South Korea, Canada, Mexico, Australia and New Zealand have been cooking up for some time. While the Agreement's stated goal is to ensure the international enforcement of strong intellectual property rights, a complete lack of transparency in the drafting process has prevented the public from commenting on or even viewing any of the proposed language. Earlier this month, however, the United States Trade Representative (USTR) made a summary of ACTA available to the public, in what has been seen as the new Administration's first attempt to increase transparency in the ACTA negotiations process. "Public Knowledge and many other organizations have called for months for such disclosure and transparency in the secret talks," PK President Gigi Sohn said in a statement. "The dissemination of the six-page summary will help to some degree to clarify what is being discussed. At the same time, however, this release can only be seen as a first step forward."

For more on the USTR's release of the ACTA Summary, see this press release.

Related issues: ACTA | Copyright | Trademark

Internet Users Defeat Three Strikes Initiatives, Broadband Caps

During the last few months, we've seen a number of governments around the globe considering "three strikes" initiatives--laws that would require ISPs to kick users off of the Internet after receiving three notices of suspected copyright infringement. Such laws would strip users of their access to the network with no due process and would require no evidence that an actual infringement took place--just a suggestion from a rights holder that an infringement may have taken place. Luckily, wherever three strikes laws have been proposed or passed, they've been met with a show of force from Internet users and the general public. Earlier this year, three strikes laws in both France and New Zealand were defeated when citizens used the web to organize protests and demonstrations against the flawed mandates.

Meanwhile, here in the U.S., Time Warner Cable attempted to roll out its "metered bandwidth" program in a number of new markets, including Austin, TX, Rochester, NY and Greensboro, NC. Time Warner's metered bandwidth program would institute a series of "bandwidth caps," whereby users would be limited in the amount of bandwidth that they are allowed to consume using their Internet connections. In addition to the standard service fees, a customer whose usage exceeds the cap would be charged by the byte for his or her use. This initiative was largely seen as an attempt to squeeze additional service fees out of users in areas with little competition, while discouraging the use of web video technologies that compete with Time Warner's own cable video offerings. Following a firestorm of negative press and a series of planned protests against the program, Time Warner announced that it would put the plan on hold, pending further consideration.

For more on the three strikes initiatives, see these blog posts 19|20 and for more on Time Warner's broadband caps, see these blog posts 21|21|21.

Related issues: Broadband | Network Neutrality

Harold Feld Joins Public Knowledge

Public Knowledge is proud to announce that experienced media-reform attorney Harold Feld has joined the PK team as its legal director. Feld comes to PK from the Media Access Project, where he has worked since 1999, most recently serving as its Senior Vice President. "Harold is one of the most admired legal minds in the telecommunications field," PK President Gigi Sohn said in a press release. "His knowledge of subject matter ranges from the intricacies of spectrum policy to broadband regulation and intellectual property." Feld will serve as PK's lead attorney in issues before the Federal Communications Commission and in the courts and will also continue to serve as the lead attorney for the Public Interest Spectrum Coalition. Additionally, he will mentor young attorneys at Public Knowledge, helping to nurture the next generation of legal talent in the field.

For more on Harold Feld, see this press release.