Public Knowledge: In The Know -- August 12, 2009

Most recent activity:

August, 12, 2009

Issues: 
Copyright

What's New:

Public Knowledge Pushes For a Robust National Broadband Plan

In the last edition of In the Know, we discussed the broadband provisions of The American Recovery and Reinvestment Act of 2009 (commonly referred to as the "Stimulus Act") and Public Knowledge's push to ensure that Congress' vision for universal broadband access is met. We're now happy to report that a number of our recommendations were taken into account by the National Telecommunications and Information Administration (NTIA) and the Federal Communications Commission (FCC) when crafting the conditions that will govern the Broadband Technology Opportunities Program (BTOP). As a result, consumers will be well served by robust principles of nondiscrimination and interconnection and the mapping of our national broadband infrastructure will provide much-needed information to the public in a transparent manner.

In addition to the $7 billion that it set aside for broadband mapping and deployment, the Stimulus Act also authorized the FCC to create a National Broadband Plan (NBP)—a roadmap that will guide the federal government in its long-term endeavor to deliver the promise of broadband connectivity to all Americans. Public Knowledge filed both comments and reply comments in this FCC proceeding, imploring the Commission to avoid flawed copyright enforcement techniques like filtering (more on that below), advocating for strong principles of nondiscrimination and privacy protections and calling for an end to the Commission's eight year reign of deregulation.

For more on PK's involvement in the National Broadband Plan, see our comments and reply comments and watch this video.

Related issues: Broadband Stimulus | Network Neutrality

Public Knowledge Study Finds That Copyright Filtering is Harmful, Ineffective

As part of our reply comments in the National Broadband Plan proceeding, we recently released a 56-page whitepaper on the topic of copyright filtering, entitled "Forcing the Net Through a Sieve: Why Copyright Filtering is not a Viable Solution for U.S. ISPs". In the study, Public Knowledge policy analyst Mehan Jayasuriya, chief technology consultant Robb Topolski, staff attorney Jef Pearlman, deputy legal director Sherwin Siy and legal clerk Michael Weinberg analyze the technological, economic and legal viability of filtering technologies. The study concludes that not only will copyright filtering be ineffective, it will also have far-reaching, adverse effects on free speech and free expression, the Internet economy and the day-to-day operation of networks. What's more, copyright filtering, if implemented by an Internet Service Provider (ISP), could violate the Electronic Communications Privacy Act (ECPA) and might undermine the 'safe harbors' that have shielded ISPs from liability for the actions of their users for the last decade.

For more on copyright filtering, read the whitepaper here and see this blog post.

Related issues: Broadband Stimulus | Network Neutrality

Net Neutrality Debate Heats Up: Internet Freedom Preservation Act Introduced in Congress

Late last month, Representatives Ed Markey and Anna Eshoo introduced a bill in Congress that would force ISPs to obey a strict principle of non-discrimination, thereby protecting consumers, businesses and the open nature of the Internet. The "Internet Freedom Preservation Act" would prevent ISPs from favoring one application, protocol or website over another and would ensure that the Internet remains a level playing field where individuals, small businesses and innovators stand on equal footing with large corporations. "We welcome the future discussions that are sure to come, and we congratulate Reps. Markey and Eshoo for taking this bold, needed, first step to ensuring the rights of Internet users are protected by law," PK president and co-founder Gigi Sohn said in a statement.

For more on the Internet Freedom and Preservation Act, click here.

Related issues: Network Neutrality

FCC Challenges Apple and AT&T on Blocking of Google Voice iPhone Application

Apple iPhone users are a conflicted bunch—while most seem quite happy with the smartphone's advanced capabilities, many users have found themselves frustrated with the secretive, draconian and seemingly arbitrary rules that govern the iPhone App Store. Time and again, users have seen innovative applications (including Voice over Internet Protocol or "VoIP" programs, alternative web browsers and email clients and the Slingbox video streaming program) being barred from the App Store, effectively preventing iPhone users from downloading these applications. Now, in response to Apple's blocking of a Google Voice application that would have allowed users to route their calls through the Google Voice service, the Federal Communications Commission (FCC) has stepped in and is asking Apple and AT&T to explain their practices with regard to the App Store. Citing its wireless open access and handset exclusivity proceedings, the Commission has taken an important first step toward protecting the rights of iPhone users and the state of competition in the mobile applications marketplace. Hopefully, this serves as a sign of things to come at the new, Julius Genachowski-led FCC.

For more on the FCC's inquiry into Apple and AT&T's blocking of Google Voice, see this blog post and this short video.

Related issues: Bring Your Own Phone

Learn More About Our Issues by Watching PKTV and Get Breaking News Updates via Twitter

Have you checked out our video portal, PKTV, lately? If not, you'll want to head over and watch the latest installments of our recurring video series. On "5 Minutes with Harold Feld," PK legal director Harold Feld discusses such timely issues as mobile phone jamming in prisons, handset exclusivity and the National Broadband Plan in simple, concise and even humorous terms. On "Meet the Wonks," you'll get to see the inner workings of Washington D.C.'s think tanks and policy shops, starting with the newly launched Open Technology Initiative. And on "Chew on This," (which airs as part of the popular web show "GritTV with Laura Flanders"), PK president and co-founder Gigi Sohn explains important media reform issues in under three minutes. PKTV is also where you'll find clips of PK staff in the national news media, including Harold Feld's recent stint on CNBC, so be sure to check it out!

If you're a Twitter user, you'll also want to follow our Twitter feed, where we post breaking news, links to our most recent content and live-Tweet important hearings and events. If you want up-to-the-minute alerts on the current state of tech policy and media reform, you'll want to subscribe ASAP.

You can find PKTV here and our Twitter feed here.

Public Knowledge Announces 2009 IP3 Award Winners

Earlier this month, Public Knowledge was pleased to announce the winners of the sixth annual IP3 Awards, which recognize outstanding work to further the public interest in the areas of Intellectual Property, Information Policy and Internet Protocol (the "three IPs"). This year's winners are as follows:

  • Siva Vaidhyanathan, Professor of Media Studies, University of Virginia

  • Karen Jackson, Deputy Secretary of Technology, Commonwealth of Virginia

  • Sascha Meinrath, Director, Open Technology Initiative

All three of these awards will be presented at our IP3 Awards ceremony, to be held on October 15th, 2009. In addition, a special President's Award will also be awarded to a to-be-announced recipient. The event starts at 6:00pm (US/Eastern) and will take place at the Sewall-Belmont House in Washington, DC. The Sewall-Belmont House is located at:

144 Constitution Ave. NE Washington, DC On the corner of Constitution Ave. and 2nd Street (map)

As a reminder, the following sponsorship levels are available:

  • IP3 Event Admission Fee - $35 USD per attendee
  • IP3 Friend Sponsorship - $100 USD
  • IP3 Bronze Sponsorship - $1,000 USD
  • IP3 Silver Sponsorship - $5,000 USD
  • IP3 Gold Sponsorship - $10,000 USD
  • IP3 Platinum Sponsorship - $25,000 USD

For more information on this year's winners and to make a donation, click here.

Thanks for your support—we look forward to seeing you at the awards ceremony in October!