Digital Daily Dozen 11/2/15

The Title II Lawsuit, Chevron, and the First Amendment  (The Technology Liberation Front- Commentary) 

Classifying Internet access service as a “telecommunications service” is unreasonable given technical realities and Sections 620, 230, and 231 of the Communications Act. The DC Circuit will tend to view this as a garden-variety administrative law case. Courts are generally deferential to expert agencies on reinterpreting the law. 

Big bang: The coming upheaval in local TV (Media Life)

Some people are about to make huge amounts of money simply by accepting a very generous deal from the FCC. In the process, however, America’s TV marketplace will be forever changed. We could see TV broadcast stations shut down in markets across the country.   

FCC OKs Auction Reimbursements (TV News Check) 

The commission releases the form stations will need to be compensated for expenses incurred during the FCC’s spectrum incentive auction. It spells out the eligible costs and details the reimbursement process.  

QVC Cashing In On The Second Screen (Washington Post) 

A focus on real-time data is one reason why the 24/7 pageant of panini makers, flameless candles, anti-aging creams and ankle boots has, despite QVC’s fusty reputation, quietly outmaneuvered other retailers in remaking itself for the digital era. QVC has seen online sales soar to 45% of its total U.S. sales. 

Airbnb Readies for a Regulatory Battle at the D.C. Council (Inside Sources) 

The lodging rental company Airbnb has faced battles over regulation across the country. Now the on-demand economy giant is getting ready for one in Washington, D.C. A pair of proposed bills before the D.C. Council would limit how Airbnb users can rent out their homes and other properties using the company’s online portal.    

D.C. District Judge Now ‘Last Hope of the American People’ to Shut Down NSA Phone Program (Inside Sources) 

A federal appeals court that previously ruled the NSA’s bulk phone surveillance program illegal declined to shut down the program this week, one month before the its expiration date. The Second Circuit Court of Appeals declared NSA’s mass telephony metadata collection program illegal under Section 215 of the Patriot Act in May.    


The National Association of Broadcasters has told the FCC that its proposal to reserve a channel for unlicensed, so-called ‘white spaces,” devices in the TV band after the incentive auction will thwart innovation and harm low-power TV and translators.   


The FCC’s upcoming auction of unused TV airwaves has been projected to bring in $60-80 billion dollars for the US Treasury. But with several major wireless providers shying away, that figure may be out of reach. The FCC will use the auction this spring as a way of opening up more licenses to feed increasing demand for the nation’s airwaves.  


Sprint unveiled a $40-per-month “unlimited data” smartphone plan that comes with 1GB of high-speed data. You can use all the data you want, but after that first gigabyte, you’ll be throttled to lower, 2G speeds for the rest of the month. The $40-per-month charge also includes unlimited talking and texting.   

Techie tykes: Kids going mobile at much earlier age (USA Today) 

Search on YouTube for the word “lullabye” and you’ll get about 236,000 results. A new study suggests why: About one in four parents is using a mobile device to put their young children — sometimes their very young — to sleep. The study finds “almost universal exposure,” early adoption, and use of mobile devices among young children.   

Facebook to improve its ‘real name’ policy (USA Today) 

Facebook is testing ways to improve its “real names” policy and how users on the social network can confirm their names. Changes in the identification process should begin becoming operational in December, said Facebook exec Alex Schultz in a letter sent to organizations including the ACLU and Electronic Frontier Foundation.    

Netizen Report: U.S. Tech Companies Grapple with EU Data Rules in a Post-Snowden World (Media Shift) 

The U.S. and EU Internet industries are still reeling from the recent strikedown of Safe Harbor provisions between the EU and U.S., which facilitated the transfer of data between Europe and the U.S., despite the higher standards for privacy required in the EU.   

DAA Unveils Guidelines For Privacy Icons In Video Ads (Media Post) 

The industry group Digital Advertising Alliance has issued new guidelines for delivering privacy icons in video ads. The 12-page Ad Marker Implementation Guidelines for Video Ads offers specs for matters like the size and placement of the AdChoices icons — which are the centerpiece of the industry’s self-regulatory privacy program.