Broadband deployment remains key priority for the Commerce Dept. (DoC) Technology Administration(TA) this year, officials said at Wed. media roundtable. TA will continue to focus on demand-side factors, such as showing businesses and consumers what broadband can do for them, and leave the regulatory battles to others, said Bruce Mehlman, asst. secy.-technology policy. That includes more discussion on digital copyright issues, he said. While there’s been some movement in that area, Mehlman said, there’s still long way to go. Other technology priorities, he said, include: (1) Technology transfer efforts to ensure that U.S. innovation and policies are as globally competitive as possible. (2) Technology-led economic development. (3) Efforts to beef up the U.S. information technology (IT) work force by convincing more young people to study math and science. TA also continues to be involved in a national nanotechnology initiative, said Philip Bond, undersecy. of commerce for technology. Agency expects to unveil IT-related legislation in next couple of weeks, he said, but he declined to elaborate. Bond said, the TA also would devote more energy to IT and information and communications technology (ICT) standards, which increasingly are becoming battlegrounds.
Dugie Standeford
Dugie Standeford, European Correspondent, Communications Daily and Privacy Daily, is a former lawyer. She joined Warren Communications News in 2000 to report on internet policy and regulation. In 2003 she moved to the U.K. and since then has covered European telecommunications issues. She previously covered the U.S. Occupational Safety and Health Administration and intellectual property law matters. She has a degree in psychology from Duke University and a law degree from the University of Tulsa College of Law.
Calling Verizon Internet Services’s reading of law “strained,” D.C. federal court Tues. ordered company to comply with RIAA subpoena seeking information on alleged online music infringer. Case, which drew national attention and prompted amicus briefs opposing RIAA’s position from ISPs and consumer and privacy groups, arose when RIAA sought subpoena under Digital Millennium Copyright Act (DMCA) seeking identity of Verizon customer said to be pirating music via peer-to-peer file-sharing system. Verizon refused to comply, saying that because material was merely transmitted over its networks, not stored there, DMCA subpoena provisions didn’t apply.
FCC should think carefully before revamping its media ownership rules, Democratic Comr. Adelstein said Mon. Any changes agency makes in rules could “massively and irreversibly” alter media landscape and make it “difficult, if not impossible, to put the toothpaste back in the tube” if further consolidation turned out to be mistake, he said in his first speech since joining FCC last month. His keynote at Future of Music Coalition (FMC) summit followed his rousing accompaniment on harmonica of music legend Lester Chambers.
In settlement both sides admit bears little relevance to market-driven royalty rates, small commercial Webcasters and copyright owners last Fri. formally ended their dispute over fees for certain digital performances and ephemeral copies of sound recordings. In document filed with U.S. Copyright Office, RIAA’s SoundExchange, which collects royalties accruing under certain statutory licenses, and Voice of Webcasters (VOW), coalition of small Webcasters, said they had reached agreement under Small Webcaster Settlement Act (SWSA) signed Dec. 4.
Conclusion of bilateral free trade agreement (FTA) between U.S. and Chile Wed. brought cheers from entertainment industry. Agreement expands U.S. access to Chilean markets by, among other things: (1) Giving immediate duty-free access to U.S. computer, information technology and audiovisual sectors to the Chilean market. (2) Giving reasonable and nondiscriminatory access to Chilean telecom networks, including right of U.S. phone companies to interconnect with Chilean networks, to use telephone switches and other facilities and to lease elements of networks. (3) Requiring nondiscriminatory treatment of digital products and nonimposition of customs duties on those products. (4) Granting high level of intellectual property rights, including ensuring govt. involvement in resolving cybersquatting disputes, strong copyright protection with anticircumvention provisions, and limited liability for ISPs for online copyright infringement. (5) Providing tough penalties for piracy and counterfeiting. FTA represents “landmark achievement on market access for the filmed entertainment industry,” Motion Picture Assn. Chmn. Jack Valenti said. Movie industry also praised FTA’s state-of-art commitments on e-commerce and its “groundbreaking” copyright provisions. While agreement’s details aren’t yet public, RIAA Exec. Vp Neil Turkowitz said, “it would appear that U.S. negotiators have added an important new element in the global legal system for the protection of intellectual property.” Incoming Senate Finance Committee Chmn. Grassley (R-Iowa) called FTA “a good development for both countries.” While he’s reserving final judgment until he has reviewed text of FTA, he said, it “appears solid.” U.S.-Chile FTA could have important implications for future bilateral trade agreements and regionwide Free Trade Area of Americas now under negotiation, he said.
In first appeal of its kind since 1978 passage of Foreign Intelligence Surveillance Act (FISA), federal appeals court panel Mon. threw out conditions imposed by the Foreign Intelligence Surveillance Court on electronic surveillance order issued to U.S. govt. Decision applies to surveillance of all types of communications.
TV and radio artists urged large Webcasting and broadcasting companies Thurs. to rethink their opposition to House-passed measure aimed at lowering royalty rates for Webcasters that streamed music on Internet. Rates in HR- 5469, proposed Small Webcasters Amendments Act, negotiated by small Webcasters and record labels, “will allow small Webcasters to grow their businesses while still compensating artists -- most of whom are themselves small businesses sorely in need of this new income stream -- for the use of their creative works,” group of artists’ organizations said. However, it said, passage of HR-5469 had been blocked in Senate, apparently at behest of big broadcasters and Webcasters. Letter writers included AFTRA, American Federation of Musicians, Artists Empowerment Coalition, Future of Music Coalition, Music Managers Forum, National Academy of Recording Arts & Sciences and Recordings Artists Coalition. Webcasters reportedly are split over bill, with some small outfits worried about paying even discounted rates HR-5469 provides for, and larger businesses afraid that any tinkering with compromise could mean higher rates for them. Digital Media Assn. (DiMA), which represents Webcasters, didn’t take position on legislation, Exec. Dir. Jonathan Potter said. It’s of interest to DiMA, however, he said, and association hopes something can be done to accommodate small Webcasters. Sen. Helms (R-N.C.), whose hold on bill prevented Senate from considering it before leaving town for elections, and other legislators involved with HR-5469 all have same goals in mind, Potter said, and he hopes they work something out. NAB “did not ask for a hold to be put on this bill,” spokesman said. NAB is riled over Copyright Office’s decision to make broadcasters pay performance royalties for copyrighted works streamed simultaneously online, saying office “grossly misinterpreted” statute exempting broadcasters from such fees, spokesman said. But NAB took its complaint to court, where oral argument is set to be heard first week in Dec. in U.S. Dist. Court, Philadelphia, he said. But broadcast industry source said loss for NAB could set precedent for future legislation that could affect broadcasters.
Depending on how court rules in feud between RIAA and Verizon over disclosure of personal information on alleged peer-to-peer (P2P) file swappers, U.S. ISPs could be in same rock-vs.-hard-place situation now confronting U.K. service providers, U.S. ISP association official said Fri. Last week, Internet Services Providers’ Assn. (ISPA) recommended its members not comply voluntarily with British Home Office request that ISPs give law enforcement agencies access to personal information on their customers without prior judicial approval.
Measure that would allow copyright owners to use self- help to stop unlawful peer-to-peer (P2P) file sharing is likely to undergo extensive revisions before being refloated in next Congress, House staffer said Wed. HR-5211, introduced by House Judiciary Subcommittee on Courts, Internet & Intellectual Property ranking Democrat Berman (Cal.), would give content owners immunity from liability under antihacking laws for interfering with transmission of copyrighted material over P2P networks. Measure has generated more than its share of controversy, Subcommittee Minority Counsel Alec French told Heritage Foundation panel discussion on digital copyright. However, he said, despite complaints to contrary, bill envisions only very limited “safe harbor” protection. Any content owner who goes beyond thwarting illegal file transfer -- such as interfering with e-mail or somehow damaging computer -- would face liability, he said.
MARRAKESH, Morocco -- Although they insist telecom issues are technical, not political, Israel and the Palestinian Authority (PA) were unable to avoid politics in negotiations on a resolution calling on ITU to continue helping latter rebuild telecom infrastructure. Both view adoption of resolution as one of key actions taken at Plenipotentiary (Plenipot) Conference here. Not surprisingly, however, each side has different take on decision’s significance. While resolution ultimately won overwhelming support from ITU member states, final version was arrived at only after intense negotiations led by Plenipot Pres. Nasr Hajji, secy. of state to Prime Minister in charge of posts & telecom & information technologies, U.S. and other countries. Fact resolution was adopted without need for vote was important, source said, because issue had come close to derailing other ITU meetings.