A federal judge granted a preliminary injunction against a recently passed New Jersey law, which would hold online platforms and ISPs liable for content their users post, according to a release (http://bit.ly/16bebaC) from the Electronic Frontier Foundation (EFF), which argued against the law in court on behalf of the Internet Archive. District Judge Dennis Cavanaugh in Newark found that a law aimed at curbing child sex trafficking -- including via the Internet -- creates liability for online platforms and ISPs, contradicting protections established by Section 230 of the Communications Decency Act (CDA), EFF Senior Staff Attorney Matt Zimmerman told us. The court hasn’t yet issued a written report.

A federal judge granted a preliminary injunction against a recently passed New Jersey law, which would hold online platforms and ISPs liable for content their users post, according to a release (http://bit.ly/16bebaC) from the Electronic Frontier Foundation (EFF), which argued against the law in court on behalf of the Internet Archive. District Judge Dennis Cavanaugh in Newark found that a law aimed at curbing child sex trafficking -- including via the Internet -- creates liability for online platforms and ISPs, contradicting protections established by Section 230 of the Communications Decency Act (CDA), EFF Senior Staff Attorney Matt Zimmerman told us. The court hasn’t yet issued a written report.

President Barack Obama laid out several priorities to reform the mechanisms and oversight of controversial U.S. surveillance activities Friday. During a press conference, he touched on revelations that he said have “depleted public trust” while emphasizing the importance of telephone monitoring provisions for public safety. He announced greater moves toward transparency to come among intelligence officials as well as reforms for the U.S. Foreign Intelligence Surveillance Court (FISC) and Section 215 of the Patriot Act.

President Barack Obama laid out several priorities to reform the mechanisms and oversight of controversial U.S. surveillance activities Friday. During a press conference, he touched on revelations that he said have “depleted public trust” while emphasizing the importance of telephone monitoring provisions for public safety. He announced greater moves toward transparency to come among intelligence officials as well as reforms for the U.S. Foreign Intelligence Surveillance Court (FISC) and Section 215 of the Patriot Act.

U.S. government surveillance work “needs and deserves the trust and credibility of the American people,” said Sen. Richard Blumenthal, D-Conn., during a Thursday address at Harvard University’s Law School. The Judiciary Committee member last week introduced two bills to reform the Foreign Intelligence Surveillance Court (FISC) process (CD Aug 2 p5). His FISA Court Reform Act would create an adversarial role in the court process to appeal FISC decisions and, when called upon by the court, argue against the federal government’s requests for expanded surveillance powers. Blumenthal’s FISA Judge Selection Reform Act would raise the number of FISC judges to 13 and create a selection process by which each judge is nominated by the corresponding federal circuit’s chief judge.

U.S. government surveillance work “needs and deserves the trust and credibility of the American people,” said Sen. Richard Blumenthal, D-Conn., during a Thursday address at Harvard University’s Law School. The Judiciary Committee member last week introduced two bills to reform the Foreign Intelligence Surveillance Court (FISC) process (WID Aug 2 p1). His FISA Court Reform Act would create an adversarial role in the court process to appeal FISC decisions and, when called upon by the court, argue against the federal government’s requests for expanded surveillance powers. Blumenthal’s FISA Judge Selection Reform Act would raise the number of FISC judges to 13 and create a selection process by which each judge is nominated by the corresponding federal circuit’s chief judge.

The larger ILECs sparred with smaller companies and associations in reply comments before the FCC this week on the proper classification of Internet Protocol interconnection agreements and how they should factor into any potential technology transition trials. AT&T argued against the need for IP interconnection trials, as did the joint filing from Verizon and Verizon Wireless. Verizon advocated for commercial negotiations of IP interconnection agreements, in contrast to the strong advocacy for the Communications Act Sections 251 and 252 oversight that the CLECs of Comptel backed in their reply comments posted Wednesday (CD Aug 8 p10), as did many other parties in comments posted Thursday.

Initial reply comments to the FCC on possible Internet Protocol transition trials showcased splits among stakeholders that have predominated throughout the debate. Replies were due Wednesday. VoIP interconnection is already happening and feasible, and a technical VoIP trial is “not necessary,” Comptel argued (http://bit.ly/16A6Rnt). The trial proposals “fail to demonstrate that the services consumers expect and rely on will be protected; including wholesale customers’ ability to serve end-use customers (last mile access),” it said. Charter Communications spotlighted the struggles in forming IP interconnection agreements and urged the FCC to declare that Sections 251 and 252 of the Communications Act apply in the IP sphere. If not, any trials should replicate real-world situations, proceed quickly and be conducted “to the extent they can shed light on the lack of availability of IP interconnection and encourage its adoption,” it said in its reply comments (http://bit.ly/14yYkDg). The Internet Innovation Alliance argued that all the concerns of the stakeholders could be resolved by letting the FCC proceed with trials. It would “accumulate real-world data that would enable the FCC to address underlying concerns raised by commenters in this proceeding and also address any additional issues that arise as consumers embrace next generation broadband services during the course of the local IP-based network market trial,” the alliance said (http://bit.ly/13GSayt). It defended local market trials as “the norm” in the industry. Any transition away from traditional phone service should leave consumers better and be voluntary, said the National Association of State Utility Consumer Advocates and the New Jersey Division of Rate Counsel, who filed together as consumer advocates. They supported trials that would give good data and inform the policy. The advocates advised the FCC to remember “key goals of consumer protection, universal service, network reliability, consumer choice (especially if new technology will raise prices or jeopardize public safety), affordability, and the interconnection of carriers’ networks at reasonable rates, terms and conditions.” It cautioned against allowing the largest ILECs dictating the transition.

Initial reply comments to the FCC on possible Internet Protocol transition trials showcased splits among stakeholders that have predominated throughout the debate. Replies were due Wednesday. VoIP interconnection is already happening and feasible, and a technical VoIP trial is “not necessary,” Comptel argued (http://bit.ly/16A6Rnt). The trial proposals “fail to demonstrate that the services consumers expect and rely on will be protected; including wholesale customers’ ability to serve end-use customers (last mile access),” it said. Charter Communications spotlighted the struggles in forming IP interconnection agreements and urged the FCC to declare that Sections 251 and 252 of the Communications Act apply in the IP sphere. If not, any trials should replicate real-world situations, proceed quickly and be conducted “to the extent they can shed light on the lack of availability of IP interconnection and encourage its adoption,” it said in its reply comments (http://bit.ly/14yYkDg). The Internet Innovation Alliance argued that all the concerns of the stakeholders could be resolved by letting the FCC proceed with trials. It would “accumulate real-world data that would enable the FCC to address underlying concerns raised by commenters in this proceeding and also address any additional issues that arise as consumers embrace next generation broadband services during the course of the local IP-based network market trial,” the alliance said (http://bit.ly/13GSayt). It defended local market trials as “the norm” in the industry. Any transition away from traditional phone service should leave consumers better and be voluntary, said the National Association of State Utility Consumer Advocates and the New Jersey Division of Rate Counsel, who filed together as consumer advocates. They supported trials that would give good data and inform the policy. The advocates advised the FCC to remember “key goals of consumer protection, universal service, network reliability, consumer choice (especially if new technology will raise prices or jeopardize public safety), affordability, and the interconnection of carriers’ networks at reasonable rates, terms and conditions.” It cautioned against allowing the largest ILECs dictating the transition.

States can no longer take a perimeter approach to cybersecurity, and need to look at systems in terms of threat and impact, said Terrorism Research Center CEO Matt Devost, in a presentation at the National Governors Association (NGA) annual meeting Sunday. Cybersecurity needs to be managed in terms of “what systems are in use, how they are used and the vulnerability profile,” he said. Not all data are critical, and critical decisions need to be made to identify the points with the highest threat and impact to organizations, said Devost. “If you try to protect everything, you don’t protect anything at all."