Engineering, software development and Internet information representatives differed Friday on the recent push toward patent-pledging and limited-enforcement policies. Google and Red Hat participate in certain cross-licensing and defensive-patent programs to reduce litigation, prevent lawsuits from patent-assertion entities (PAEs) and prevent nonpracticing entities (NPEs) from acquiring idle patents, said Tim Kowalski, Google senior patent counsel, and Mark Bohannon, Red Hat vice president-global public policy, during a symposium at the American University Washington College of Law. The House Judiciary Committee Thursday passed the Innovation Act (see 1506120027), which addresses PAEs and increased patent litigation.
Notable CROSS rulings
CTIA said a broad cross-section of industry stakeholders agreed to work together in a group to advise the FCC on wireless 911 location accuracy implementation. The advisory group and working groups will “advise and provide guidance on implementation of key elements of the FCC’s Order, including a test bed for evaluating location technologies, national emergency address database, Z-axis location information and standards necessary to support these elements,” CTIA said Friday. The FCC approved new location accuracy rules, based on an industry road map, at its January meeting (see 1501290066). “Improved wireless 911 will require the commitment of dozens of stakeholders, including the public safety, people with disabilities [communities], state and local governments and the mobile industry, and we are very encouraged by the broad cross-section of groups that have come together to help implement the FCC’s aggressive timetable,” said Scott Bergmann, vice president-regulatory affairs at CTIA.
The House began consideration of the proposed FY 2016 budget for the Department of Commerce and several other federal departments and agencies (HR-2578) Tuesday amid a White House veto threat, but hadn't voted at our deadline. The Republican-controlled House was widely anticipated to pass the proposed budget with limited Democratic crossover support. The House Appropriations Committee cleared the proposed $51.4 billion budget for full House consideration before the Memorial Day recess (see 1505200057). The proposed budget would allocate $8.2 billion to Commerce, including $855 million to the National Institute of Standards and Technology (NIST) and $35.2 million for NTIA, but includes a provision that would bar NTIA from using its funding “to relinquish” its responsibility for Domain Name System functions via the planned spinoff of its oversight over the Internet Assigned Numbers Authority (IANA) functions.
The Center for Digital Democracy filed a cross-motion for partial summary judgment against the FTC Wednesday with the U.S. District Court for the District of Columbia, challenging the agency’s decision to “withhold certain information requested by CDD under the Freedom of Information Act (FOIA)” related to the Children’s Online Privacy Protection Act (COPPA), the court filing said. The FTC asserted on March 23 in its motion for summary judgment that the information was properly withheld under FOIA Exemptions 3 and 4, the filing said. “CDD concedes that some of the information responsive to its request may be withheld from disclosure,” but “disputes the agency’s exemption claims with respect to a substantial amount of the withheld material,” the filing said. CDD and its predecessor the Center for Media Education, were “instrumental in pushing Congress to enact COPPA in 1998” and continue to be active in the law’s implementation by the FTC, the filing said. In July 2014, CDD submitted a FOIA request for all annual reports submitted by safe harbor programs as required by COPPA including those of Aristotle International, Children’s Advertising Review Unit, Entertainment Software Rating Board, the kidSAFE Seal Program, Privacy Vaults Online and TRUSTe, it said. On Feb. 12, the FTC “produced to CDD, in heavily redacted form, the annual reports,” the filing said. Two pages weren't redacted, 33 were partially redacted and 50 pages were withheld in full, it said. The FTC filed a summary motion March 23 asserting an adequate search for responsive records occurred and asked the court to ratify the withholdings under FOIA Exemptions 3 and 4. The FTC said it withheld information from eight categories of information that are exempt from disclosure: nonpublic interpretations and analysis of the COPPA Rule, self-regulatory assessments not required by COPPA, business development plans, compliance oversight tools and logistics, membership statistics and market shares, member correspondence regarding compliance issues, remediation and disciplinary rates, and the identity of members subject to discipline. CDD disputes the FTC’s ability to withhold information on interpretation and analyses of COPPA, membership statistics and market shares, and remediation and disciplinary rates, the filing said. “CDD does not seek information that would identify any particular safe harbor member, but rather seeks only the aggregated information safe harbor programs are required to submit to the FTC annually,” the filing said. The FTC had no immediate comment.
Broadcasters, DBS providers and members of the House of Representatives support an FCC proposal to let designated market areas (DMAs) be modified so satellite subscribers can have access to locally focused programming they might not be able to currently receive, according to comments in docket 15-71 posted Wednesday. The NPRM that inspired the comments from Dish Network, NAB and others is a result of Section 102 of the Satellite Television Extension and Localism Act Reauthorization, and the rule change is intended to address the issue of “orphan counties” that are in a DMA primarily based in another state. “It is paramount for public safety and fairness reasons that counties have access to in-state broadcast television stations,” said Alabama GOP Reps. Mike Rogers and Robert Aderholt, who together represent three orphan counties in Alabama. The act requires the FCC to approve final rules for DBS market modification by September.
The digital single market (DSM) strategy won't directly benefit the Internet gambling industry, said industry officials in interviews this week. It may signal a small political step forward, said European Gaming & Betting Association (EGBA) Secretary General Maarten Haijer. The DSM, announced by the European Commission May 6 (see 1505060038), won't bar geo-blocking of gambling websites, leaving the sector subject to national laws and with "limited expectations," said Remote Gambling Association CEO Clive Hawkswood. Any effort to get online gambling included in the services to be covered by the DSM will face strong resistance from EU governments, said Global Betting & Gaming Consultants CEO Warwick Bartlett.
Verizon is buying AOL for $4.4 billion, in a deal aimed at strengthening Verizon's LTE wireless video and over-the-top (OTT) video platforms. AOL still offers dial-up ISP service and is also a content company with assets that include AOL.com, Engadget, Huffington Post, Makers and TechCrunch. The transaction also gives Verizon AOL’s expertise in mobile advertising, the companies said Tuesday.
An FCC order that would have let participants in the commission's AT&T/DirecTV transaction proceeding review confidential programming and retransmission consent contract data is “substantively and procedurally flawed,” U.S. Court of Appeals for the D.C. Circuit Judge David Tatel said in a unanimous opinion in CBS et al. v. FCC, vacating the order. The Comcast/Time Warner Cable proceeding had been part of the case, but that portion was rendered moot by the collapse of that deal. The court loss is seen as putting the FCC in a difficult position in its review of AT&T/DirecTV, industry officials connected with the court proceeding told us. Though the opinion leaves the door open for the FCC to issue a new protective order, doing so could further delay AT&T/DirecTV, while not doing so could expose an agency decision approving the deal to court challenge, said industry officials.
The EU released its 16-step digital single market (DSM) strategy designed to promote e-commerce across Europe. The EU concurrently launched an antitrust competition inquiry Wednesday that will look at whether and how companies are impeding cross-border online trade. The European Commission had launched an investigation of Google's comparison shopping service and its Android mobile operating system (see 1504150002).
The pressure for net neutrality legislation rose last week from some strong advocates of that approach, some of whom have telecom and tech industry ties. Dan Berninger, founder of VCXC and the leader of a nascent group of tech and business industry advocates styling themselves as the Tech Innovators, orchestrated the lobbying of several Senate Commerce Committee Democrats' offices Thursday. He told us the concerted move from industry pressing for a stay of the FCC’s net neutrality order may create a new impetus for net neutrality legislation.