Telecommunications & Electronic Media
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|Book Review: America the Vulnerable: Inside the New Threat Matrix of Digital Espionage, Crime, and Warfare|
America the Vulnerable, Joel Brenner’s call to arms in our nation’s ongoing cyber-crisis, is both a diagnosis and a potential cure. Brenner, who served as senior counsel at the National Security Agency as well as in other high-level government positions, knows first-hand the dire challenge facing our government when it comes to cybersecurity. Much of his book provides a detailed—and chilling—depiction of our nation’s overall vulnerability to cyber-attack....[Read Now!]
|The Internet: To Regulate, or Not to Regulate - Podcast|
On January 14, 2014, the United States Court of Appeals for the District of Columbia Circuit issued its decision in Verizon v. FCC, the case regarding the Federal Communications Commission’s Open Internet Order. The decision leaves the door open for the FCC’s regulation of the internet, but strikes down certain provisions of the Order, leaving many to wonder what the future holds for innovation, experimentation, and competition in the online marketplace.
While the court did not unequivocally uphold the Commission’s net neutrality protections, it recognized the FCC’s authority to regulate broadband internet service and access under Section 706 of the Telecommunications Act of 1996, and found that open internet requirements would promote deployment. Specifically, it found support for the Commission’s conclusion that absent open internet requirements, “broadband providers represent a threat to Internet openness and could act in ways that would ultimately inhibit the speed and extent of future broadband deployment.” The court also deferred to the FCC’s finding that broadband providers have the ability to impose restrictions on edge providers’ conduct, particularly given end users’ inability to immediately respond to ISPs’ activities in this regard. Nonetheless, the court vacated and remanded the non-discrimination and no-blocking requirements adopted in the Order on the basis that they improperly constitute common carriage regulation of broadband services, but left in place the FCC’s transparency (i.e., disclosure) requirements.
Randy May and John Bergmayer held a spirited discussion about this landmark decision.
|Is Privacy Regulation Likely to Reduce the Value of the Internet? - Event Audio/Video|
The Federalist Society's Faculty Division hosted a debate that asked "Is Privacy Regulation Likely to Reduce the Value of the Internet?" on Saturday, January 4, 2014, during the 16th Annual Faculty Conference.
Lunch Debate: Is Privacy Regulation Likely to Reduce the Value of the Internet?
Warwick New York Hotel
|A Conversation with Federal Trade Commissioner Maureen Ohlhausen - Podcast|
Maureen K. Ohlhausen was nominated to the Federal Trade Commission by President Barack Obama and, on March 29, 2012, was confirmed unanimously by the United States Senate. She will be participate in a Teleforum on the FTC’s activities in the area of consumer privacy, including recent revisions to the Children’s Online Privacy Protection Act (COPPA) Rule.
The rise of sophisticated technologies over the last few years has allowed websites and other online entities to gather and distill large amounts of data about particular internet users. Although there are many efficiency gains from this activity, such as the development of new services and better-targeted advertising, people have also become concerned about possible invasions of privacy from monitoring an individual’s internet activity. Recognizing that children’s online privacy is an especially sensitive area, COPPA prohibits an operator of a website or online service that is directed to children, or who has actual knowledge that it is gathering personal information from a child, from collecting such information without providing notice of its data collection and obtaining verifiable parental consent for it. The FTC recently expanded the COPPA Rule’s coverage to include more types of personal information, such as IP addresses, and to expand the definition of an operator to reach entities that do not collect or use children’s information. Commissioner Ohlhausen addressed how she seeks to balance the FTC’s mandate under Section 5 of the FTC Act to protect consumers against unfair or deceptive acts with the legitimate rights of business to gather and use information for commercial purposes and why she dissented from the FTC’s revision to the COPPA Rule.