(BUSINESS WIRE)--Grammy Award winning producer Dallas Austin and Fried Green Apps announce that Mix Me In has earned a spot in the coveted “New and Noteworthy” section of Apple’s App Store.
“This technology will change how records are produced and how fans listen to music.”
“It’s more than an iPhone App, it’s a completely new way for artists to release music,” says Austin, producer of artists like Gwen Stefani, Michael Jackson, and Pink. “This technology will change how records are produced and how fans listen to music.” Austin worked with the development team behind Mix Me In’s patent-pending technology and is encouraging artists to release original material in the Mix Me In format.
"Fried Green Apps has invested an incredible amount of time and energy creating a music technology that revolutionizes how fans experience their favorite music,” says Fried Green Apps CEO Bill Pike. “We are thrilled that Apple was impressed enough with Mix Me In’s technology to highlight us as a Featured App.”
Mix Me In takes popular songs and breaks them down into different streams, isolating the lead singer; guitar; drums; backup singers; keyboards; and anything else that goes into the song. It then allows users to mix the streams together any way they want. There are also alternate acoustic versions of each stream. So you can change a synthesizer to a classical piano or an electric guitar to an acoustic guitar. Rather than having one version of a song, Mix Me In provides listeners with hundreds of variations. And, with a simple tap on their iPhone, users can even mix their own voice or instruments onto the streams, making the possibilities limitless. Users can also upload their mixes to the Mix Me In website for the whole world to hear.
James Shaffer, lead guitarist for KoRn says, “This is much more than an iPhone App. We see it as an exciting new way to deliver music to our fans.”
“The app is only the tip of the iceberg,” says Pike. “We are in discussions with major artists to release new original music powered by Mix Me In's technology. This will give fans greater control over how they interact with their favorite artists just like Mix Me In gives them greater control over how they interact with their favorite songs.”
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Thursday, December 31, 2009
Wednesday, December 30, 2009
Google Loses Domain Name Dispute
/PRNewswire/ -- Internet giant Google has lost an arbitration over the domain name, Groovle.com. In a decision released today, The National Arbitration Forum, dismissed Google's complaint (Claim Number: FA0911001293500) that it was entitled to the domain name, Groovle.com. Google had claimed that the domain name Groovle.com, is "confusingly similar" to its trademark for "Google." The National Arbitration Forum is an international arbitration service accredited by ICANN, the international agency that oversees the Internet, to provide resolution services for domain name disputes around the world.
The unanimous three person panel composed of two retired American judges and one American law professor, ruled that Groovle.com "is not confusingly similar" to Google's trademark, "Google." To-date, Google has commenced 65 domain name disputes and this is only the second time that it has ever lost.
Young Canadian entrepreneurs Jacob Fuller and Ryan Fitzgibbon, who have been friends since high school, launched the innovative Groovle.com web site in 2007, and it has proven immensely popular with young Internet users. As Fuller explains, "Groovle was created to provide users the ability to upload photos and customize their Internet start page. We thought it would be a cool feature to have a nice photo of friends, family etc., every time you launch your web browser, instead of the very plain Google.com and Yahoo.com page." Says Fitzgibbon, "Since we launched Groovle in 2007, Google, Bing and Ask.com have each come out with something similar."
Groovle's young creators are elated with the decision. "We were stunned when Google launched the domain name dispute as we have great respect for Google and have always had a good relationship with them," said Ryan Fitzgibbon. Jacob Fuller added that, "Google never had anything to fear from our web site. The arbitrators' decision that the two domain names are sufficiently different should put Google at ease and we look forward to a renewed positive relationship with Google."
Groovle was successfully defended by renowned domain name lawyer and Internet law expert, Zak Muscovitch, who says, "Google clearly miscalculated here, however, my clients are prepared to put this behind them."
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The unanimous three person panel composed of two retired American judges and one American law professor, ruled that Groovle.com "is not confusingly similar" to Google's trademark, "Google." To-date, Google has commenced 65 domain name disputes and this is only the second time that it has ever lost.
Young Canadian entrepreneurs Jacob Fuller and Ryan Fitzgibbon, who have been friends since high school, launched the innovative Groovle.com web site in 2007, and it has proven immensely popular with young Internet users. As Fuller explains, "Groovle was created to provide users the ability to upload photos and customize their Internet start page. We thought it would be a cool feature to have a nice photo of friends, family etc., every time you launch your web browser, instead of the very plain Google.com and Yahoo.com page." Says Fitzgibbon, "Since we launched Groovle in 2007, Google, Bing and Ask.com have each come out with something similar."
Groovle's young creators are elated with the decision. "We were stunned when Google launched the domain name dispute as we have great respect for Google and have always had a good relationship with them," said Ryan Fitzgibbon. Jacob Fuller added that, "Google never had anything to fear from our web site. The arbitrators' decision that the two domain names are sufficiently different should put Google at ease and we look forward to a renewed positive relationship with Google."
Groovle was successfully defended by renowned domain name lawyer and Internet law expert, Zak Muscovitch, who says, "Google clearly miscalculated here, however, my clients are prepared to put this behind them."
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Tuesday, December 29, 2009
Nokia Requests ITC Investigation Into Apple Patent Infringement
PRNewswire/ -- Nokia (NYSE: NOK) announced it has today filed a complaint with the United States International Trade Commission (ITC) alleging that Apple infringes Nokia patents in virtually all of its mobile phones, portable music players, and computers.
The seven Nokia patents in this complaint relate to Nokia's pioneering innovations that are now being used by Apple to create key features in its products in the area of user interface, as well as camera, antenna and power management technologies. These patented technologies are important to Nokia's success as they allow better user experience, lower manufacturing costs, smaller size and longer battery life for Nokia products.
"Nokia has been the leading developer of many key technologies in small electronic devices" said Paul Melin, General Manager, Patent Licensing at Nokia. "This action is about protecting the results of such pioneering development. While our litigation in Delaware is about Apple's attempt to free-ride on the back of Nokia investment in wireless standards, the ITC case filed today is about Apple's practice of building its business on Nokia's proprietary innovation."
FORWARD-LOOKING STATEMENTS
It should be noted that certain statements herein which are not historical facts, including, without limitation, those regarding: A) the timing of product, services and solution deliveries; B) our ability to develop, implement and commercialize new products, services, solutions and technologies; C) our ability to develop and grow our consumer Internet services business; D) expectations regarding market developments and structural changes; E) expectations regarding our mobile device volumes, market share, prices and margins; F) expectations and targets for our results of operations; G) the outcome of pending and threatened litigation; H) expectations regarding the successful completion of contemplated acquisitions on a timely basis and our ability to achieve the set targets upon the completion of such acquisitions; and I) statements preceded by "believe," "expect," "anticipate," "foresee," "target," "estimate," "designed," "plans," "will" or similar expressions are forward-looking statements. These statements are based on management's best assumptions and beliefs in light of the information currently available to it. Because they involve risks and uncertainties, actual results may differ materially from the results that we currently expect. Factors that could cause these differences include, but are not limited to: 1) the deteriorating global economic conditions and related financial crisis and their impact on us, our customers and end-users of our products, services and solutions, our suppliers and collaborative partners; 2) the development of the mobile and fixed communications industry, as well as the growth and profitability of the new market segments that we target and our ability to successfully develop or acquire and market products, services and solutions in those segments; 3) the intensity of competition in the mobile and fixed communications industry and our ability to maintain or improve our market position or respond successfully to changes in the competitive landscape; 4) competitiveness of our product, services and solutions portfolio; 5) our ability to successfully manage costs; 6) exchange rate fluctuations, including, in particular, fluctuations between the euro, which is our reporting currency, and the US dollar, the Japanese yen, the Chinese yuan and the UK pound sterling, as well as certain other currencies; 7) the success, financial condition and performance of our suppliers, collaboration partners and customers; 8) our ability to source sufficient amounts of fully functional components, sub-assemblies, software and content without interruption and at acceptable prices; 9) the impact of changes in technology and our ability to develop or otherwise acquire and timely and successfully commercialize complex technologies as required by the market; 10) the occurrence of any actual or even alleged defects or other quality, safety or security issues in our products, services and solutions; 11) the impact of changes in government policies, trade policies, laws or regulations or political turmoil in countries where we do business; 12) our success in collaboration arrangements with others relating to development of technologies or new products, services and solutions; 13) our ability to manage efficiently our manufacturing and logistics, as well as to ensure the quality, safety, security and timely delivery of our products, services and solutions; 14) inventory management risks resulting from shifts in market demand; 15) our ability to protect the complex technologies, which we or others develop or that we license, from claims that we have infringed third parties' intellectual property rights, as well as our unrestricted use on commercially acceptable terms of certain technologies in our products, services and solutions; 16) our ability to protect numerous Nokia, NAVTEQ and Nokia Siemens Networks patented, standardized or proprietary technologies from third-party infringement or actions to invalidate the intellectual property rights of these technologies; 17) any disruption to information technology systems and networks that our operations rely on; 18) developments under large, multi-year contracts or in relation to major customers; 19) the management of our customer financing exposure; 20) our ability to retain, motivate, develop and recruit appropriately skilled employees; 21) whether, as a result of investigations into alleged violations of law by some former employees of Siemens AG ("Siemens"), government authorities or others take further actions against Siemens and/or its employees that may involve and affect the carrier-related assets and employees transferred by Siemens to Nokia Siemens Networks, or there may be undetected additional violations that may have occurred prior to the transfer, or violations that may have occurred after the transfer, of such assets and employees that could result in additional actions by government authorities; 22) any impairment of Nokia Siemens Networks customer relationships resulting from the ongoing government investigations involving the Siemens carrier-related operations transferred to Nokia Siemens Networks; 23) unfavorable outcome of litigations; 24) allegations of possible health risks from electromagnetic fields generated by base stations and mobile devices and lawsuits related to them, regardless of merit; as well as the risk factors specified on pages 11-28 of Nokia's annual report on Form 20-F for the year ended December 31, 2008 under Item 3D. "Risk Factors." Other unknown or unpredictable factors or underlying assumptions subsequently proving to be incorrect could cause actual results to differ materially from those in the forward-looking statements. Nokia does not undertake any obligation to publicly update or revise forward-looking statements, whether as a result of new information, future events or otherwise, except to the extent legally required.
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The seven Nokia patents in this complaint relate to Nokia's pioneering innovations that are now being used by Apple to create key features in its products in the area of user interface, as well as camera, antenna and power management technologies. These patented technologies are important to Nokia's success as they allow better user experience, lower manufacturing costs, smaller size and longer battery life for Nokia products.
"Nokia has been the leading developer of many key technologies in small electronic devices" said Paul Melin, General Manager, Patent Licensing at Nokia. "This action is about protecting the results of such pioneering development. While our litigation in Delaware is about Apple's attempt to free-ride on the back of Nokia investment in wireless standards, the ITC case filed today is about Apple's practice of building its business on Nokia's proprietary innovation."
FORWARD-LOOKING STATEMENTS
It should be noted that certain statements herein which are not historical facts, including, without limitation, those regarding: A) the timing of product, services and solution deliveries; B) our ability to develop, implement and commercialize new products, services, solutions and technologies; C) our ability to develop and grow our consumer Internet services business; D) expectations regarding market developments and structural changes; E) expectations regarding our mobile device volumes, market share, prices and margins; F) expectations and targets for our results of operations; G) the outcome of pending and threatened litigation; H) expectations regarding the successful completion of contemplated acquisitions on a timely basis and our ability to achieve the set targets upon the completion of such acquisitions; and I) statements preceded by "believe," "expect," "anticipate," "foresee," "target," "estimate," "designed," "plans," "will" or similar expressions are forward-looking statements. These statements are based on management's best assumptions and beliefs in light of the information currently available to it. Because they involve risks and uncertainties, actual results may differ materially from the results that we currently expect. Factors that could cause these differences include, but are not limited to: 1) the deteriorating global economic conditions and related financial crisis and their impact on us, our customers and end-users of our products, services and solutions, our suppliers and collaborative partners; 2) the development of the mobile and fixed communications industry, as well as the growth and profitability of the new market segments that we target and our ability to successfully develop or acquire and market products, services and solutions in those segments; 3) the intensity of competition in the mobile and fixed communications industry and our ability to maintain or improve our market position or respond successfully to changes in the competitive landscape; 4) competitiveness of our product, services and solutions portfolio; 5) our ability to successfully manage costs; 6) exchange rate fluctuations, including, in particular, fluctuations between the euro, which is our reporting currency, and the US dollar, the Japanese yen, the Chinese yuan and the UK pound sterling, as well as certain other currencies; 7) the success, financial condition and performance of our suppliers, collaboration partners and customers; 8) our ability to source sufficient amounts of fully functional components, sub-assemblies, software and content without interruption and at acceptable prices; 9) the impact of changes in technology and our ability to develop or otherwise acquire and timely and successfully commercialize complex technologies as required by the market; 10) the occurrence of any actual or even alleged defects or other quality, safety or security issues in our products, services and solutions; 11) the impact of changes in government policies, trade policies, laws or regulations or political turmoil in countries where we do business; 12) our success in collaboration arrangements with others relating to development of technologies or new products, services and solutions; 13) our ability to manage efficiently our manufacturing and logistics, as well as to ensure the quality, safety, security and timely delivery of our products, services and solutions; 14) inventory management risks resulting from shifts in market demand; 15) our ability to protect the complex technologies, which we or others develop or that we license, from claims that we have infringed third parties' intellectual property rights, as well as our unrestricted use on commercially acceptable terms of certain technologies in our products, services and solutions; 16) our ability to protect numerous Nokia, NAVTEQ and Nokia Siemens Networks patented, standardized or proprietary technologies from third-party infringement or actions to invalidate the intellectual property rights of these technologies; 17) any disruption to information technology systems and networks that our operations rely on; 18) developments under large, multi-year contracts or in relation to major customers; 19) the management of our customer financing exposure; 20) our ability to retain, motivate, develop and recruit appropriately skilled employees; 21) whether, as a result of investigations into alleged violations of law by some former employees of Siemens AG ("Siemens"), government authorities or others take further actions against Siemens and/or its employees that may involve and affect the carrier-related assets and employees transferred by Siemens to Nokia Siemens Networks, or there may be undetected additional violations that may have occurred prior to the transfer, or violations that may have occurred after the transfer, of such assets and employees that could result in additional actions by government authorities; 22) any impairment of Nokia Siemens Networks customer relationships resulting from the ongoing government investigations involving the Siemens carrier-related operations transferred to Nokia Siemens Networks; 23) unfavorable outcome of litigations; 24) allegations of possible health risks from electromagnetic fields generated by base stations and mobile devices and lawsuits related to them, regardless of merit; as well as the risk factors specified on pages 11-28 of Nokia's annual report on Form 20-F for the year ended December 31, 2008 under Item 3D. "Risk Factors." Other unknown or unpredictable factors or underlying assumptions subsequently proving to be incorrect could cause actual results to differ materially from those in the forward-looking statements. Nokia does not undertake any obligation to publicly update or revise forward-looking statements, whether as a result of new information, future events or otherwise, except to the extent legally required.
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Monday, December 28, 2009
Two Consumer Groups Ask FTC to Block Google's $750 Million Purchase of AdMob
/PRNewswire/ -- Two consumer groups today asked the Federal Trade Commission to block Google's $750 million deal to buy AdMob, a mobile advertising company, on anti-trust grounds. In addition, the groups said, the proposed acquisition raises privacy concerns that the Commission must address.
In a joint letter to the FTC, Consumer Watchdog and the Center for Digital Democracy (CDD) said Google is simply buying its way to dominance in the mobile advertising market, diminishing competition to the detriment of consumers.
"The mobile sector is the next frontier of the digital revolution. Without vigorous competition and strong privacy guarantees this vital and growing segment of the online economy will be stifled," wrote John M. Simpson, consumer advocate at Consumer Watchdog and CDD Executive Director Jeffery A. Chester. "Consumers will face higher prices, less innovation and fewer choices. The FTC should conduct the appropriate investigation, block the proposed Google/AdMob deal, and also address the privacy issues."
Last week Google said the FTC has made a so-called "second request" for additional information about the deal indicating the commission is scrutinizing the proposal in great detail.
Besides the anti-trust issues, the letter from the two non-partisan, non-profit groups said, a combined Google/AdMob raises substantial privacy concerns. Both AdMob and Google gather tremendous amounts of data about consumers' online behavior, including their location. AdMob, for example, targets consumers using a wide range of methods, including behavioral, ethnicity, age and gender, and education. In addition to its extensive mobile ad apparatus, Google also provides mobile advertising and data driven analytical services through its DoubleClick subsidiary. The consolidation of AdMob into Google would provide significant amounts of data for tracking, profiling and targeting U.S. mobile consumers.
Read the letter here: http://www.consumerwatchdog.org/resources/LtrFTCfinal.pdf
"Permitting the expansion of mobile advertising through the combination of these two market leaders without requiring privacy guarantees poses a serious threat to consumers," the letter said. It noted that earlier this year several consumer groups, including CDD, petitioned the FTC to specifically protect consumer privacy on mobile phones, especially involving mobile advertising.
Initially Google was able to obtain its dominance in online search advertising largely because of innovative efforts. It then moved into display advertising through the acquisition of DoubleClick. When the FTC approved that acquisition, the Commission said it would watch developments in Internet advertising closely. Since that deal was approved, the online and mobile ad markets have evolved substantially, with Google becoming more dominant in the Internet ad market.
"The proposed Google/AdMob deal offers the FTC an opportunity to check Google's increasingly anticompetitive behavior," Simpson said. "This deal is yet one more example of Google attempting to eliminate a threat to its power." "The FTC must protect competition and personal privacy in the key mobile sector," noted Chester.
The Center for Digital Democracy is a nonprofit Washington, DC-based group focused on the digital marketplace and the public interest. Visit the center's Website at: www.DemocraticMedia.org.
Consumer Watchdog, formerly the Foundation for Taxpayer and Consumer Rights is a nonprofit, nonpartisan consumer advocacy organization with offices in Washington, DC and Santa Monica, Ca. Our website is: www.ConsumerWatchdog.org.
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In a joint letter to the FTC, Consumer Watchdog and the Center for Digital Democracy (CDD) said Google is simply buying its way to dominance in the mobile advertising market, diminishing competition to the detriment of consumers.
"The mobile sector is the next frontier of the digital revolution. Without vigorous competition and strong privacy guarantees this vital and growing segment of the online economy will be stifled," wrote John M. Simpson, consumer advocate at Consumer Watchdog and CDD Executive Director Jeffery A. Chester. "Consumers will face higher prices, less innovation and fewer choices. The FTC should conduct the appropriate investigation, block the proposed Google/AdMob deal, and also address the privacy issues."
Last week Google said the FTC has made a so-called "second request" for additional information about the deal indicating the commission is scrutinizing the proposal in great detail.
Besides the anti-trust issues, the letter from the two non-partisan, non-profit groups said, a combined Google/AdMob raises substantial privacy concerns. Both AdMob and Google gather tremendous amounts of data about consumers' online behavior, including their location. AdMob, for example, targets consumers using a wide range of methods, including behavioral, ethnicity, age and gender, and education. In addition to its extensive mobile ad apparatus, Google also provides mobile advertising and data driven analytical services through its DoubleClick subsidiary. The consolidation of AdMob into Google would provide significant amounts of data for tracking, profiling and targeting U.S. mobile consumers.
Read the letter here: http://www.consumerwatchdog.org/resources/LtrFTCfinal.pdf
"Permitting the expansion of mobile advertising through the combination of these two market leaders without requiring privacy guarantees poses a serious threat to consumers," the letter said. It noted that earlier this year several consumer groups, including CDD, petitioned the FTC to specifically protect consumer privacy on mobile phones, especially involving mobile advertising.
Initially Google was able to obtain its dominance in online search advertising largely because of innovative efforts. It then moved into display advertising through the acquisition of DoubleClick. When the FTC approved that acquisition, the Commission said it would watch developments in Internet advertising closely. Since that deal was approved, the online and mobile ad markets have evolved substantially, with Google becoming more dominant in the Internet ad market.
"The proposed Google/AdMob deal offers the FTC an opportunity to check Google's increasingly anticompetitive behavior," Simpson said. "This deal is yet one more example of Google attempting to eliminate a threat to its power." "The FTC must protect competition and personal privacy in the key mobile sector," noted Chester.
The Center for Digital Democracy is a nonprofit Washington, DC-based group focused on the digital marketplace and the public interest. Visit the center's Website at: www.DemocraticMedia.org.
Consumer Watchdog, formerly the Foundation for Taxpayer and Consumer Rights is a nonprofit, nonpartisan consumer advocacy organization with offices in Washington, DC and Santa Monica, Ca. Our website is: www.ConsumerWatchdog.org.
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Tuesday, December 22, 2009
NCSA Applauds President Obama's Cybersecurity Coordinator Appointment
/PRNewswire/ -- The National Cyber Security Alliance (NCSA), the leading public private partnership in cybersecurity education and awareness, today applauded President Obama's appointment of Howard Schmidt as Cybersecurity Coordinator. Mr. Schmidt brings with him the necessary breadth and depth of experience across government, industry, and non-profit sectors, along with a broad understanding of the unique challenges cybersecurity presents to America's national and economic security.
"On behalf of the NCSA Board of Directors, I congratulate Howard on his appointment," said Shannon Kellogg, NCSA Board Chairman, and Director of Information Security Policy for EMC Corporation. "Cybersecurity is our shared responsibility and together we can educate Americans to be good digital citizens at home, work and school, helping create a robust and secure digital infrastructure. NCSA looks forward to continuing to work with the Obama Administration to expand national cybersecurity awareness efforts, one of the recommendations stated in the President's 60 Day Review on Cybersecurity earlier this year."
"NCSA looks forward to working closely with Mr. Schmidt to continue the important national public awareness campaign to help every American understand the steps they need take to protect the computers they use, the networks they connect to, and the digital assets we all share," said Michael Kaiser, NCSA executive director. "We thank President Obama for making cybersecurity awareness and education a strong priority, including posting tips for staying safe online with the announcement of Mr. Schmidt's appointment."
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"On behalf of the NCSA Board of Directors, I congratulate Howard on his appointment," said Shannon Kellogg, NCSA Board Chairman, and Director of Information Security Policy for EMC Corporation. "Cybersecurity is our shared responsibility and together we can educate Americans to be good digital citizens at home, work and school, helping create a robust and secure digital infrastructure. NCSA looks forward to continuing to work with the Obama Administration to expand national cybersecurity awareness efforts, one of the recommendations stated in the President's 60 Day Review on Cybersecurity earlier this year."
"NCSA looks forward to working closely with Mr. Schmidt to continue the important national public awareness campaign to help every American understand the steps they need take to protect the computers they use, the networks they connect to, and the digital assets we all share," said Michael Kaiser, NCSA executive director. "We thank President Obama for making cybersecurity awareness and education a strong priority, including posting tips for staying safe online with the announcement of Mr. Schmidt's appointment."
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Friday, December 11, 2009
Pop-up Advertisements Offering Anti-virus Software Pose Threat to Internet Users
An ongoing threat exists for computer users who, while browsing the Internet, began receiving pop-up security warnings that state their computers are infected with numerous viruses.
These pop-ups known as scareware, fake, or rogue anti-virus software look authentic and may even display what appears to be real-time anti-virus scanning of the user's hard drive. The scareware will show a list of reputable software icons; however, the user cannot click a link to go
to the actual site to review or see recommendations.
The scareware is intimidating to most users and extremely aggressive in its attempt to lure the user into purchasing the rogue software that will allegedly remove the viruses from their computer. It is possible that these threats are received as a result of clicking on advertisements contained on a website. Cyber criminals use botnets to push the software and use advertisements on websites to deliver it. This is known as malicious advertising or malvertising.
Once the pop-up appears it cannot be easily closed by clicking "close" or the "X" button. If the user clicks on the pop-up to purchase the software, a form is provided that collects payment information and the user is charged for the bogus product. In some instances, whether the user clicks on the pop-up or not, the scareware can install malicious code onto the computer. By running your computer with an account that has rights to install software, this issue is more likely to occur.
Downloading the software could result in viruses, Trojans and/or keyloggers being installed on the user's computer. The repercussions of downloading the malicious software could prove further financial loss to the victim due to computer repair, as well as, cost to the user and/or financial institutions due to identity theft.
The assertive tactics of the scareware has caused significant losses to users. The FBI is aware of an estimated loss to victims in excess of $150 million.
Be cautious — cyber criminals use easy to remember names and associate them with known applications. Beware of pop-ups that are offering a variation of recognized security software. It is recommended that the user research the exact name of the software being offered.
Take precautions to ensure operating systems are updated and security software is current.
If a user receives these anti-virus pop-ups, it is recommended to close the browser or shut the system down. It is suggested that the user run a full, anti-virus scan whenever the computer is turned back on.
If you have experienced the anti-virus pop-ups or a similar scam, please notify the IC3 by filing a complaint at www.IC3.gov.
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These pop-ups known as scareware, fake, or rogue anti-virus software look authentic and may even display what appears to be real-time anti-virus scanning of the user's hard drive. The scareware will show a list of reputable software icons; however, the user cannot click a link to go
to the actual site to review or see recommendations.
The scareware is intimidating to most users and extremely aggressive in its attempt to lure the user into purchasing the rogue software that will allegedly remove the viruses from their computer. It is possible that these threats are received as a result of clicking on advertisements contained on a website. Cyber criminals use botnets to push the software and use advertisements on websites to deliver it. This is known as malicious advertising or malvertising.
Once the pop-up appears it cannot be easily closed by clicking "close" or the "X" button. If the user clicks on the pop-up to purchase the software, a form is provided that collects payment information and the user is charged for the bogus product. In some instances, whether the user clicks on the pop-up or not, the scareware can install malicious code onto the computer. By running your computer with an account that has rights to install software, this issue is more likely to occur.
Downloading the software could result in viruses, Trojans and/or keyloggers being installed on the user's computer. The repercussions of downloading the malicious software could prove further financial loss to the victim due to computer repair, as well as, cost to the user and/or financial institutions due to identity theft.
The assertive tactics of the scareware has caused significant losses to users. The FBI is aware of an estimated loss to victims in excess of $150 million.
Be cautious — cyber criminals use easy to remember names and associate them with known applications. Beware of pop-ups that are offering a variation of recognized security software. It is recommended that the user research the exact name of the software being offered.
Take precautions to ensure operating systems are updated and security software is current.
If a user receives these anti-virus pop-ups, it is recommended to close the browser or shut the system down. It is suggested that the user run a full, anti-virus scan whenever the computer is turned back on.
If you have experienced the anti-virus pop-ups or a similar scam, please notify the IC3 by filing a complaint at www.IC3.gov.
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Wednesday, December 9, 2009
NASA Making Government More Accessible With Cutting-Edge Use of New Media
/PRNewswire/ -- NASA is supporting the White House's Open Government Directive with a number of Internet-based programs designed to make the agency more accessible and create a dialog with the American people about their space program.
NASA is one of six departments and agencies working to spur innovation by making it easier for high-tech companies to identify collaborative, entrepreneurial opportunities. Government agencies are home to treasure troves of data and information, too much of which is underutilized by the private sector because it is either not easily found or exists in cumbersome formats. NASA and the National Institutes of Health, the Food and Drug Administration in the Department of Health and Human Services, the Agricultural Research Service in the Department of Agriculture, the National Institute of Standards and Technology in the Department of Commerce and the Department of Energy are working together to increase access to information on publicly-funded technologies that are available for license, opportunities for federal funding and partnerships, and potential private-sector partners.
NASA's Innovative Partnerships Programs Office is working to establish an RSS feed to publicize technologies available for public licensing. By making information from multiple agencies available in RSS and XML feeds on Data.gov, the government empowers innovators to find the information they need and receive real-time updates, which can fuel entrepreneurial momentum, create new jobs, and strengthen economic growth. NASA's RSS feed will make these opportunities more visible to the commercial and research communities. NASA plans on having the feed operational by Dec. 31.
NASA also has undertaken an extensive effort to use the Internet and social media tools to engage the public on agency activities. NASA's home page on the Internet, www.nasa.gov, offers information on all of the agency's missions, research and discoveries.
In January 2009, nasa.gov capitalized on the agency's growing social media efforts by rolling out a new "Connect and Collaborate with NASA" page, at www.nasa.gov/connect. This provides the public with quick connections to the agency's pages on Twitter, Facebook, UStream, YouTube, Flickr and MySpace, as well as NASA podcasts and vodcasts on iTunes. The page also provides links to agency chats, Tweetup events, RSS feeds and the agency's official blog.
The agency's social media presence was further expanded in November with the addition of NASA's Twitter feed to the homepage. The website offers links to NASA-related desktop "widgets" and opportunities for the public to collaborate directly with the agency through art contests, engineering challenges and imagery and data analysis.
Another new communication tool is Spacebook, a NASA internal expert networking utility. Spacebook has been used to improve collaboration across NASA's Goddard Space Flight Center. The Spacebook site allows new and established NASA staff to get to know the agency's diverse community of scientists, engineers, project managers and support personnel.
"Space doesn't explore itself. Science doesn't discover itself. People do that, and to do that they have to talk," said Emma Antunes, the project manager who also manages Goddard's Web site. "They have to trade questions and ideas. They have to connect. And, the more diverse the group, the more likely connections and conversations will lead to new ideas and innovation. Spacebook will enhance NASA's capacity to do just that."
For more information about NASA's use of the Internet and social media to interact with America, visit: http://www.nasa.gov/connect
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NASA is one of six departments and agencies working to spur innovation by making it easier for high-tech companies to identify collaborative, entrepreneurial opportunities. Government agencies are home to treasure troves of data and information, too much of which is underutilized by the private sector because it is either not easily found or exists in cumbersome formats. NASA and the National Institutes of Health, the Food and Drug Administration in the Department of Health and Human Services, the Agricultural Research Service in the Department of Agriculture, the National Institute of Standards and Technology in the Department of Commerce and the Department of Energy are working together to increase access to information on publicly-funded technologies that are available for license, opportunities for federal funding and partnerships, and potential private-sector partners.
NASA's Innovative Partnerships Programs Office is working to establish an RSS feed to publicize technologies available for public licensing. By making information from multiple agencies available in RSS and XML feeds on Data.gov, the government empowers innovators to find the information they need and receive real-time updates, which can fuel entrepreneurial momentum, create new jobs, and strengthen economic growth. NASA's RSS feed will make these opportunities more visible to the commercial and research communities. NASA plans on having the feed operational by Dec. 31.
NASA also has undertaken an extensive effort to use the Internet and social media tools to engage the public on agency activities. NASA's home page on the Internet, www.nasa.gov, offers information on all of the agency's missions, research and discoveries.
In January 2009, nasa.gov capitalized on the agency's growing social media efforts by rolling out a new "Connect and Collaborate with NASA" page, at www.nasa.gov/connect. This provides the public with quick connections to the agency's pages on Twitter, Facebook, UStream, YouTube, Flickr and MySpace, as well as NASA podcasts and vodcasts on iTunes. The page also provides links to agency chats, Tweetup events, RSS feeds and the agency's official blog.
The agency's social media presence was further expanded in November with the addition of NASA's Twitter feed to the homepage. The website offers links to NASA-related desktop "widgets" and opportunities for the public to collaborate directly with the agency through art contests, engineering challenges and imagery and data analysis.
Another new communication tool is Spacebook, a NASA internal expert networking utility. Spacebook has been used to improve collaboration across NASA's Goddard Space Flight Center. The Spacebook site allows new and established NASA staff to get to know the agency's diverse community of scientists, engineers, project managers and support personnel.
"Space doesn't explore itself. Science doesn't discover itself. People do that, and to do that they have to talk," said Emma Antunes, the project manager who also manages Goddard's Web site. "They have to trade questions and ideas. They have to connect. And, the more diverse the group, the more likely connections and conversations will lead to new ideas and innovation. Spacebook will enhance NASA's capacity to do just that."
For more information about NASA's use of the Internet and social media to interact with America, visit: http://www.nasa.gov/connect
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Trusted Computer Solutions Announces December 15 Webinar “What You Don’t Know CAN Hurt You”
(BUSINESS WIRE)--Trusted Computer Solutions, Inc. (TCS), a leading developer of cross domain and cyber security solutions, today announced it will host a complimentary webcast titled “What You Don’t Know CAN Hurt You” taking place on December 15, 2009 at 11 a.m. EST. This educational webcast will look at CounterStorm™, a solution that reinforces existing network security methods by stopping zero day and targeted attacks, and how anomaly detection techniques can be used in conjunction with traditional detection solutions to locate malicious behavior quickly and without known signatures.
At the Black Hat USA conference in July, Trusted Computer Solutions announced the general availability of CounterStorm. The solution employs an integrated suite of sophisticated detection engines that are uniquely correlated to provide unparalleled accuracy and speed in identifying and automatically stopping the new generation of increasingly destructive attacks.
The webcast will include discussion around the following topics:
* Current network defenses against known malware
* Advanced threats
* Mitigating advanced threats with anomaly detection
* The CounterStorm approach
WHO:
Brian Lindauer, Senior Software Engineer – CounterStorm, Trusted Computer Solutions
WHAT:
What You Don’t Know CAN Hurt You
WHEN:
Tuesday, December 15; 11 a.m. – Noon EST
WHERE:
Webcast; Registration for the event can be accessed at TCS Webinar Registration
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At the Black Hat USA conference in July, Trusted Computer Solutions announced the general availability of CounterStorm. The solution employs an integrated suite of sophisticated detection engines that are uniquely correlated to provide unparalleled accuracy and speed in identifying and automatically stopping the new generation of increasingly destructive attacks.
The webcast will include discussion around the following topics:
* Current network defenses against known malware
* Advanced threats
* Mitigating advanced threats with anomaly detection
* The CounterStorm approach
WHO:
Brian Lindauer, Senior Software Engineer – CounterStorm, Trusted Computer Solutions
WHAT:
What You Don’t Know CAN Hurt You
WHEN:
Tuesday, December 15; 11 a.m. – Noon EST
WHERE:
Webcast; Registration for the event can be accessed at TCS Webinar Registration
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Monday, November 23, 2009
Georgia Monitors Sex Offenders' Internet Activities by Using RemoteCOM
/PRNewswire/ -- On 11-19-2009 the State of Georgia Department of Corrections renewed a contract with RemoteCOM to monitor the Internet and computer activities of sex offenders on probation. As part of the new Georgia SB 474 it requires registered sex offenders to submit to computer monitoring and limitations of Internet access.
RemoteCOM is a computer monitoring company that specializes in the monitoring of the computers of offenders that are on parole or probation. CEO/President Robert Rosenbusch writes, "Everything is based on needs, and we have realized there is a tremendous need to keep our children safe as they surf the Internet. We have found that several courts have ruled that denying the sex offender access to the Internet is much like denying them access to a phone, and feel that this is overbearing given today's dependence on computers and computer-related technologies. Therefore they have put the burden on the probation departments to find ways to manage the offender's computer use, to ensure that they do not violate the conditions of their probation. The Georgia Department of Corrections has taken a tremendous step forward in trying to protect their communities and children by providing this type of monitoring."
One of the main focuses of RemoteCOM's services is to keep our children safe online. The second is to provide both technical and human resources to our probation and parole departments as they manage these offenders in our society. It has become apparent over the years that these departments are stretched thin with personnel and they carry a heavy case load. They are extremely limited in the time and resources they have, and would not have time to monitor these individuals' computer data on a daily basis. That is why RemoteCOM provides the assistance of doing the monitoring for them, and provides them with up-to-date alerts when monitors encounter something that may be a part of the offenders' grooming cycle or if they continue with any illegal activity.
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RemoteCOM is a computer monitoring company that specializes in the monitoring of the computers of offenders that are on parole or probation. CEO/President Robert Rosenbusch writes, "Everything is based on needs, and we have realized there is a tremendous need to keep our children safe as they surf the Internet. We have found that several courts have ruled that denying the sex offender access to the Internet is much like denying them access to a phone, and feel that this is overbearing given today's dependence on computers and computer-related technologies. Therefore they have put the burden on the probation departments to find ways to manage the offender's computer use, to ensure that they do not violate the conditions of their probation. The Georgia Department of Corrections has taken a tremendous step forward in trying to protect their communities and children by providing this type of monitoring."
One of the main focuses of RemoteCOM's services is to keep our children safe online. The second is to provide both technical and human resources to our probation and parole departments as they manage these offenders in our society. It has become apparent over the years that these departments are stretched thin with personnel and they carry a heavy case load. They are extremely limited in the time and resources they have, and would not have time to monitor these individuals' computer data on a daily basis. That is why RemoteCOM provides the assistance of doing the monitoring for them, and provides them with up-to-date alerts when monitors encounter something that may be a part of the offenders' grooming cycle or if they continue with any illegal activity.
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Thursday, November 19, 2009
FDA Issues 22 Warning Letters to Web site Operators
The U.S. Food and Drug Administration today completed a coordinated, weeklong, international effort, called the International Internet Week of Action (IIWA), intended to curb illegal actions involving medical products.
During the effort, the FDA’s Office of Criminal Investigations (OCI), in conjunction with the Center for Drug Evaluation and Research and the Office of Regulatory Affairs, Office of Enforcement, targeted 136 Web sites that appeared to be engaged in the illegal sale of unapproved or misbranded drugs to U.S. consumers. None of the Web sites are for pharmacies in the United States or Canada.
The agency issued 22 warning letters to the operators of these Web sites and notified Internet service providers and domain name registrars that the Web sites were selling products in violation of U.S. law. In many cases, because of these violations, Internet service providers and domain name registrars may have grounds to terminate the Web sites and suspend the use of domain names.
“The FDA works in close collaboration with our regulatory and law enforcement counterparts in the United States and throughout the world to protect the public,” said FDA Commissioner Margaret A. Hamburg, M.D. “Many U.S. consumers are being misled in the hopes of saving money by purchasing prescription drugs over the Internet from illegal pharmacies. Unfortunately, these drugs are often counterfeit, contaminated, or unapproved products, or contain an inconsistent amount of the active ingredient. Taking these drugs can pose a danger to consumers.”
The IIWA is an initiative sponsored by the International Criminal Police Organization, the World Health Organization's International Medical Products Anti-Counterfeiting Task Force, the Permanent Forum on International Pharmaceutical Crime, and national health and law enforcement agencies from 26 participating countries.
The goal of the IIWA is to protect public health by:
* increasing the public's awareness about the dangers and risks associated with purchasing drugs and medical devices from Web sites
* identifying producers and distributors of counterfeit and illegal pharmaceutical products and medical devices
* targeting these individuals and businesses with civil or criminal action
* seizing counterfeit and illegal products and removing them from the supply chain.
Code named Operation Pangea II, the IIWA provided an opportunity to enhance cooperation among international and domestic regulatory and law enforcement partners to effectively act against those involved in the manufacture and distribution of illegal medications.
During the week, OCI and FDA import specialists joined with Immigration and Customs Enforcement, Customs and Border Protection, the Drug Enforcement Administration, and the U.S. Postal Inspection Service to target and interdict shipments of violative pharmaceutical products moving through certain International Mail Facilities (IMFs) and express courier hubs.
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During the effort, the FDA’s Office of Criminal Investigations (OCI), in conjunction with the Center for Drug Evaluation and Research and the Office of Regulatory Affairs, Office of Enforcement, targeted 136 Web sites that appeared to be engaged in the illegal sale of unapproved or misbranded drugs to U.S. consumers. None of the Web sites are for pharmacies in the United States or Canada.
The agency issued 22 warning letters to the operators of these Web sites and notified Internet service providers and domain name registrars that the Web sites were selling products in violation of U.S. law. In many cases, because of these violations, Internet service providers and domain name registrars may have grounds to terminate the Web sites and suspend the use of domain names.
“The FDA works in close collaboration with our regulatory and law enforcement counterparts in the United States and throughout the world to protect the public,” said FDA Commissioner Margaret A. Hamburg, M.D. “Many U.S. consumers are being misled in the hopes of saving money by purchasing prescription drugs over the Internet from illegal pharmacies. Unfortunately, these drugs are often counterfeit, contaminated, or unapproved products, or contain an inconsistent amount of the active ingredient. Taking these drugs can pose a danger to consumers.”
The IIWA is an initiative sponsored by the International Criminal Police Organization, the World Health Organization's International Medical Products Anti-Counterfeiting Task Force, the Permanent Forum on International Pharmaceutical Crime, and national health and law enforcement agencies from 26 participating countries.
The goal of the IIWA is to protect public health by:
* increasing the public's awareness about the dangers and risks associated with purchasing drugs and medical devices from Web sites
* identifying producers and distributors of counterfeit and illegal pharmaceutical products and medical devices
* targeting these individuals and businesses with civil or criminal action
* seizing counterfeit and illegal products and removing them from the supply chain.
Code named Operation Pangea II, the IIWA provided an opportunity to enhance cooperation among international and domestic regulatory and law enforcement partners to effectively act against those involved in the manufacture and distribution of illegal medications.
During the week, OCI and FDA import specialists joined with Immigration and Customs Enforcement, Customs and Border Protection, the Drug Enforcement Administration, and the U.S. Postal Inspection Service to target and interdict shipments of violative pharmaceutical products moving through certain International Mail Facilities (IMFs) and express courier hubs.
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Wednesday, November 18, 2009
Spear Phishing E-mails Target U.S. Law Firms and Public Relations Firms
The FBI assesses with high confidence that hackers are using spear phishing e-mails with malicious payloads to exploit U.S. law firms and public relations firms. During the course of ongoing investigations, the FBI identified noticeable increases in computer exploitation attempts against these entities.
The specific intrusion vector used against the firms is a spear phishing or targeted socially engineered e-mail designed to compromise a network by bypassing technological network defenses and exploiting the person at the keyboard. Hackers exploit the ability of end users to launch the malicious payloads from within the network by attaching a file to the message or including a link to the domain housing the file and enticing users to click the attachment or link.
Network defense against these attacks is difficult as the subject lines are spoofed, or crafted, in such a way to uniquely engage recipients with content appropriate to their specific business interests. In addition to appearing to originate from a trusted source based on the relevance of the subject line, the attachment name and message body are also crafted to associate with the same specific business interests. Opening a message will not directly compromise the system or network because the malicious payload lies in the attachment or linked domain. Infection occurs once someone opens the attachment or clicks the link, which launches a self-executing file and, through a variety of malicious processes, attempts to download another file.
Indicators are unreliable to flag in-bound messages; however, indicators are available to determine an existing compromise. Once executed, the malicious payload will attempt to download and execute the file ‘srhost.exe’ from the domain ‘http://d.ueopen.com’; e.g. http://d.ueopen.com/srhost.exe. Any traffic associated with ‘ueopen.com’ should be considered as an indication of an existing network compromise and addressed appropriately.
The malicious file does not necessarily appear as an ‘exe’ file in each incident. On occasion, the self-executing file has appeared as other file types, e.g., ‘.zip’, ‘.jpeg’, etc.
Please contact your local field office if you experience this network activity and direct incident response notifications to DHS and U.S. CERT.
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The specific intrusion vector used against the firms is a spear phishing or targeted socially engineered e-mail designed to compromise a network by bypassing technological network defenses and exploiting the person at the keyboard. Hackers exploit the ability of end users to launch the malicious payloads from within the network by attaching a file to the message or including a link to the domain housing the file and enticing users to click the attachment or link.
Network defense against these attacks is difficult as the subject lines are spoofed, or crafted, in such a way to uniquely engage recipients with content appropriate to their specific business interests. In addition to appearing to originate from a trusted source based on the relevance of the subject line, the attachment name and message body are also crafted to associate with the same specific business interests. Opening a message will not directly compromise the system or network because the malicious payload lies in the attachment or linked domain. Infection occurs once someone opens the attachment or clicks the link, which launches a self-executing file and, through a variety of malicious processes, attempts to download another file.
Indicators are unreliable to flag in-bound messages; however, indicators are available to determine an existing compromise. Once executed, the malicious payload will attempt to download and execute the file ‘srhost.exe’ from the domain ‘http://d.ueopen.com’; e.g. http://d.ueopen.com/srhost.exe. Any traffic associated with ‘ueopen.com’ should be considered as an indication of an existing network compromise and addressed appropriately.
The malicious file does not necessarily appear as an ‘exe’ file in each incident. On occasion, the self-executing file has appeared as other file types, e.g., ‘.zip’, ‘.jpeg’, etc.
Please contact your local field office if you experience this network activity and direct incident response notifications to DHS and U.S. CERT.
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Tuesday, November 3, 2009
Fraudulent Automated Clearing House (ACH) Transfers Connected To Malware And Work-At-Home Scams
Within the last several months, the FBI has seen a significant increase in fraud involving the exploitation of valid online banking credentials belonging to small and medium businesses, municipal governments, and school districts. In a typical scenario, the targeted
entity receives a "spear phishing" email which either contains an infected attachment, or directs the recipient to an infected web site. Once the recipient opens the attachment or visits the web site, malware is installed on their computer. The malware contains a key logger which will harvest the recipients business or corporate bank account log-in information. Shortly thereafter, the perpetrator either creates another user account with the stolen log-in information, or directly initiates funds transfers by masquerading as the legitimate user. These transfers have occurred as both traditional wire transfers and as ACH transfers.
Further reporting has shown that the transfers are directed to the bank accounts of willing or unwitting individuals within the United States. Most of these individuals have been recruited via work-at-home advertisements, or have been contacted after placing resumes on well-known job search web sites. These persons are often hired to "process payments", or "transfer funds". They are told they will receive wire transfers into their bank accounts. Shortly after funds are received, they are directed to immediately forward most of the money overseas via wire transfer services such as Western Union and Moneygram.
Customers who use online banking services are advised to contact their financial institution to ensure they are employing all the appropriate security and fraud prevention services their institution offers.
The United States Computer Emergency Readiness Team (US-CERT) has made information on banking securely online available at
http://www.us-cert.gov/reading_room/Banking_Securely_Online07102006.pdf.
Protecting your computer against malicious software is an ongoing activity and, at minimum, all computer systems need to be regularly patched, have up to date anti-virus software, and a personal firewall installed. Further information is available at
http://www.us-cert.gov/nav/nt01/.
If you have experienced unauthorized funds transfers from your bank accounts, or if you have been recruited via a work-at-home opportunity to receive transfers and forward money overseas, please notify the IC3 by filing a complaint at www.IC3.gov.
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entity receives a "spear phishing" email which either contains an infected attachment, or directs the recipient to an infected web site. Once the recipient opens the attachment or visits the web site, malware is installed on their computer. The malware contains a key logger which will harvest the recipients business or corporate bank account log-in information. Shortly thereafter, the perpetrator either creates another user account with the stolen log-in information, or directly initiates funds transfers by masquerading as the legitimate user. These transfers have occurred as both traditional wire transfers and as ACH transfers.
Further reporting has shown that the transfers are directed to the bank accounts of willing or unwitting individuals within the United States. Most of these individuals have been recruited via work-at-home advertisements, or have been contacted after placing resumes on well-known job search web sites. These persons are often hired to "process payments", or "transfer funds". They are told they will receive wire transfers into their bank accounts. Shortly after funds are received, they are directed to immediately forward most of the money overseas via wire transfer services such as Western Union and Moneygram.
Customers who use online banking services are advised to contact their financial institution to ensure they are employing all the appropriate security and fraud prevention services their institution offers.
The United States Computer Emergency Readiness Team (US-CERT) has made information on banking securely online available at
http://www.us-cert.gov/reading_room/Banking_Securely_Online07102006.pdf.
Protecting your computer against malicious software is an ongoing activity and, at minimum, all computer systems need to be regularly patched, have up to date anti-virus software, and a personal firewall installed. Further information is available at
http://www.us-cert.gov/nav/nt01/.
If you have experienced unauthorized funds transfers from your bank accounts, or if you have been recruited via a work-at-home opportunity to receive transfers and forward money overseas, please notify the IC3 by filing a complaint at www.IC3.gov.
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Wednesday, October 28, 2009
AFCOM 2009/2010 Data Center Trends Survey Reveals Weakness in World Cyber Terrorism Readiness and Government Greening
(BUSINESS WIRE)--AFCOM, the world’s largest data center association, today (October 27) announces its 2009/2010 Data Center Trends survey that offers perspective and insights on the major trends facing 436 commercial, government and college/university data centers throughout the world; twenty percent responsible for budgets of $10M plus. Significant findings reveal that though threat of cyber terrorism is real, it is not being adequately addressed by the world's keepers of the most confidential financial, military and personal data. In addition, it reveals the government is behind its private industry counterparts in terms of greening initiatives. Meanwhile, it shows that the mainframe may be losing its place in worldwide data centers, as servers become more capable. And cloud computing, despite the hype, hasn’t pushed beyond 15 percent acceptance at this point. In comparison, 73 percent have implemented virtual processing.
“We designed this survey to better understand current trends in the industry, and to help our members understand what others are doing to get to that next level in operational effectiveness. In many cases, the results and analysis of this survey are bringing awareness to areas that need improvement. For instance, the industry needs a clear definition of cloud computing and virtualization; we’ve supported data center professionals for three decades now and many of these terms seem merely re-packaged and over-marketed new names for technologies that have actually been around for quite some time,” said Jill Eckhaus, CEO of AFCOM. “Our analysis also shows that data center managers need to develop more comprehensive cyber terrorism policies, and get more aggressive in greening, particularly in government agencies where greening lags behind private industry. Finally, it’s time to decide where the mainframe is still viable and needed, and where high-end servers can do a more efficient job.”
A closer look – survey background
AFCOM is the only data center association that represents both the IT and facilities side of the data center. Respondents, part of AFCOM’s 4,500 member data center sites, represent 27 countries, 83 percent in the U.S. and 17 percent overseas; 60 percent are responsible for Information Technology, 31 percent Facilities and 9 percent represent other roles in the data center. The survey, completed in early October in conjunction with AFCOM’s bi-annual Data Center World Conference and Expo, asked respondents questions regarding their greening initiatives, cyber terrorism, emerging technologies, mainframe usage and about their plans for consolidation, performance monitoring and storage strategies, among other initiatives.
A closer look – survey results
Data center greening, no longer just a concept, but obstacles still exist
The survey re-iterates that greening of the data center is no longer just a concept – it is actually taking place, and on a large scale, with 71.3 percent of all respondents indicating they are actively engaged in greening initiatives at this time. And while 71.3 percent are, in fact, engaged in greening, only 42.2 percent have a “formal” greening initiative. According to respondents, the most important results they have experienced as a result of implementing green measures are in power efficiency, 60.8 percent report they are using less power and 51.4 percent have implement cooling efficiency strategies. In addition to power and cooling efficiencies, 11.5 percent also report a significant savings in water usage.
Data centers & cyber terrorism, a real threat that needs more attention
Cyber terrorism has become even more prevalent in the past few years. From hackers attacking NATO computers to cyber-attacks in China, Estonia, Russia, Ukraine, South Korea and the U.S., it’s not likely a threat that will go away any time soon. Data center professionals must be well-equipped to handle and respond to cyber terrorist attacks, but according to AFCOM’s survey, there’s considerable room for improvement.
Respondents revealed that 60.9 percent of all data centers worldwide officially recognize cyber terrorism as a threat they need to deal with, but only a little over one-third (34.4 percent) have included it in their disaster/recovery plans, which would include their best defense plans if attacked. Only one in four, or 24.8 percent, has addressed cyber terrorism in their policies and procedures manuals and only 60.2 percent have a written policies and procedures manual. Meanwhile, less than one in five, or 19.7 percent provide any cyber terrorism employee training. On the positive side, however, 82.4 percent report that they do perform background security checks on all potential new employees, another solid defense against cyber terrorists.
Data center consolidation spurred by economic reality
Data center consolidation has historically been cyclical in this industry. As the economy suffers, more companies have traditionally looked to consolidation as a method of saving money. The economic downturn we are experiencing today is no exception, with 62.1 percent of all respondents either already in the process of consolidating one or more data centers, or seriously considering it. More than half of respondents (52.1 percent) plan to relocate their newly consolidated data center to another existing facility, or build an entirely new one to accommodate the additional requirements.
Emerging technologies breaking through – from cluster to cloud
According to the survey, the technologies with the highest levels of adoption in today’s data centers are: virtual processing, implemented by 72.9 percent of all respondents, Web applications (70.4 percent), automation (54.8 percent) cluster computing (50. percent), and cloud computing (14.9 percent).
Surprisingly, in addition to the slim 14.9 percent who utilize cloud computing, this technology has been considered by an additional 46.3 percent, but never implemented.
AFCOM’s Data Center Institute (DCI) has undertaken an in-depth research project on the myths and realities surrounding cloud computing that will be released at AFCOM’s 2010 Data Center World in Nashville, Tennessee, March 7-11. To register, visit www.datacenterworld.com.
The state and fate of the mainframe
Only 39.6 percent of all data centers worldwide still operate mainframe computer systems today. In data centers that have mainframes installed, the median number in residence is two. And of all the data centers that have mainframes installed, 45.7 percent expect to replace one or more of them in the next two years. Of those that are expecting to replace their mainframes during the next two years, more than two out of three, or 67.1 percent will be replacing them with new mainframes, and 32.9 percent will be replacing them with high-end servers or other alternatives.
Based on this data, AFCOM concludes that the number of data centers using mainframes today versus five and ten years ago, is going down, and the future will continue this trend. Approximately one-third, or 32.9 percent of all existing mainframe data centers will no longer use mainframes in the future. Of all data centers with no installed mainframes today, 38.2 percent report that they did have them ten years ago and another 27.2 percent had them five years ago. And, according to respondents, five years from now, an additional one-third of those with mainframes today will no longer have them.
Performance monitoring gets more active
As witnessed by the number of performance monitoring tools and dashboards on display at AFCOM’s recent 2009 Data Center World in Orlando, performance monitoring in the data center is finally coming into its own, with many critical systems and components under 24/7 scrutiny. As the consequence of error in the data center has risen so dramatically (with the entire company dependent on all systems being continually available), the need to find and correct any and all malfunctions on the fly has become a necessity. In many cases, automated performance monitoring helps fulfill that need.
According to the survey, power consumption is now being monitored by 68.1 percent of respondents, network traffic by 65.8 percent, storage capacity by 64.4 percent, server utilization by 61.7 percent and Web security by 54.1 percent.
Data center facilities in terms of growth, expansion and relocation
Sixty percent of all respondents report that they expect to require additional data center space within the next five years. 32.6 percent expect to handle the growth and need for additional space by physically adding to and/or upgrading existing facilities and 30 percent report they will relocate to a new facility. Additional growth and expansion strategies to include 22.0 percent that will utilize a co-location center to meet their increased space requirements, 13.8 percent will use managed hosting services, and 11.2 percent will add pods or Data centers-in-a-box.
Changing storage requirements of the data center
Nearly two out of three worldwide data centers, or 63 percent, report a dramatic increase in their storage requirements over the past five years. Another 35.9 percent report a ‘slight’ to ‘moderate’ increase and only percent of all data centers saw their storage requirement decrease. Somewhat surprisingly, only 8.3 percent report that the main cause of their increased storage needs has been government regulations – while a whopping 77.5 percent attribute it to business growth.
“We’ll use the results of the survey to help us plan tracks, sessions and round tables at the 2010 Data Center World conference in Nashville in order to help professionals develop solutions for trouble spots and share successes and failures to date around all these trends,” continued Jill Eckhaus, AFCOM CEO. AFCOM’s next Data Center World conference and trade show is scheduled for March 7-11, 2010 at the Gaylord Opryland Resort & Convention Center. For more information and to register, visit www.datacenterworld.com. “It’s going to be a great show and corresponds with AFCOM’s 30-year anniversary – if you cover or work in the data center, you’ll want to be there. Our show isn’t just a display of data center products; it’s a place where extraordinary education takes place.”
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“We designed this survey to better understand current trends in the industry, and to help our members understand what others are doing to get to that next level in operational effectiveness. In many cases, the results and analysis of this survey are bringing awareness to areas that need improvement. For instance, the industry needs a clear definition of cloud computing and virtualization; we’ve supported data center professionals for three decades now and many of these terms seem merely re-packaged and over-marketed new names for technologies that have actually been around for quite some time,” said Jill Eckhaus, CEO of AFCOM. “Our analysis also shows that data center managers need to develop more comprehensive cyber terrorism policies, and get more aggressive in greening, particularly in government agencies where greening lags behind private industry. Finally, it’s time to decide where the mainframe is still viable and needed, and where high-end servers can do a more efficient job.”
A closer look – survey background
AFCOM is the only data center association that represents both the IT and facilities side of the data center. Respondents, part of AFCOM’s 4,500 member data center sites, represent 27 countries, 83 percent in the U.S. and 17 percent overseas; 60 percent are responsible for Information Technology, 31 percent Facilities and 9 percent represent other roles in the data center. The survey, completed in early October in conjunction with AFCOM’s bi-annual Data Center World Conference and Expo, asked respondents questions regarding their greening initiatives, cyber terrorism, emerging technologies, mainframe usage and about their plans for consolidation, performance monitoring and storage strategies, among other initiatives.
A closer look – survey results
Data center greening, no longer just a concept, but obstacles still exist
The survey re-iterates that greening of the data center is no longer just a concept – it is actually taking place, and on a large scale, with 71.3 percent of all respondents indicating they are actively engaged in greening initiatives at this time. And while 71.3 percent are, in fact, engaged in greening, only 42.2 percent have a “formal” greening initiative. According to respondents, the most important results they have experienced as a result of implementing green measures are in power efficiency, 60.8 percent report they are using less power and 51.4 percent have implement cooling efficiency strategies. In addition to power and cooling efficiencies, 11.5 percent also report a significant savings in water usage.
Data centers & cyber terrorism, a real threat that needs more attention
Cyber terrorism has become even more prevalent in the past few years. From hackers attacking NATO computers to cyber-attacks in China, Estonia, Russia, Ukraine, South Korea and the U.S., it’s not likely a threat that will go away any time soon. Data center professionals must be well-equipped to handle and respond to cyber terrorist attacks, but according to AFCOM’s survey, there’s considerable room for improvement.
Respondents revealed that 60.9 percent of all data centers worldwide officially recognize cyber terrorism as a threat they need to deal with, but only a little over one-third (34.4 percent) have included it in their disaster/recovery plans, which would include their best defense plans if attacked. Only one in four, or 24.8 percent, has addressed cyber terrorism in their policies and procedures manuals and only 60.2 percent have a written policies and procedures manual. Meanwhile, less than one in five, or 19.7 percent provide any cyber terrorism employee training. On the positive side, however, 82.4 percent report that they do perform background security checks on all potential new employees, another solid defense against cyber terrorists.
Data center consolidation spurred by economic reality
Data center consolidation has historically been cyclical in this industry. As the economy suffers, more companies have traditionally looked to consolidation as a method of saving money. The economic downturn we are experiencing today is no exception, with 62.1 percent of all respondents either already in the process of consolidating one or more data centers, or seriously considering it. More than half of respondents (52.1 percent) plan to relocate their newly consolidated data center to another existing facility, or build an entirely new one to accommodate the additional requirements.
Emerging technologies breaking through – from cluster to cloud
According to the survey, the technologies with the highest levels of adoption in today’s data centers are: virtual processing, implemented by 72.9 percent of all respondents, Web applications (70.4 percent), automation (54.8 percent) cluster computing (50. percent), and cloud computing (14.9 percent).
Surprisingly, in addition to the slim 14.9 percent who utilize cloud computing, this technology has been considered by an additional 46.3 percent, but never implemented.
AFCOM’s Data Center Institute (DCI) has undertaken an in-depth research project on the myths and realities surrounding cloud computing that will be released at AFCOM’s 2010 Data Center World in Nashville, Tennessee, March 7-11. To register, visit www.datacenterworld.com.
The state and fate of the mainframe
Only 39.6 percent of all data centers worldwide still operate mainframe computer systems today. In data centers that have mainframes installed, the median number in residence is two. And of all the data centers that have mainframes installed, 45.7 percent expect to replace one or more of them in the next two years. Of those that are expecting to replace their mainframes during the next two years, more than two out of three, or 67.1 percent will be replacing them with new mainframes, and 32.9 percent will be replacing them with high-end servers or other alternatives.
Based on this data, AFCOM concludes that the number of data centers using mainframes today versus five and ten years ago, is going down, and the future will continue this trend. Approximately one-third, or 32.9 percent of all existing mainframe data centers will no longer use mainframes in the future. Of all data centers with no installed mainframes today, 38.2 percent report that they did have them ten years ago and another 27.2 percent had them five years ago. And, according to respondents, five years from now, an additional one-third of those with mainframes today will no longer have them.
Performance monitoring gets more active
As witnessed by the number of performance monitoring tools and dashboards on display at AFCOM’s recent 2009 Data Center World in Orlando, performance monitoring in the data center is finally coming into its own, with many critical systems and components under 24/7 scrutiny. As the consequence of error in the data center has risen so dramatically (with the entire company dependent on all systems being continually available), the need to find and correct any and all malfunctions on the fly has become a necessity. In many cases, automated performance monitoring helps fulfill that need.
According to the survey, power consumption is now being monitored by 68.1 percent of respondents, network traffic by 65.8 percent, storage capacity by 64.4 percent, server utilization by 61.7 percent and Web security by 54.1 percent.
Data center facilities in terms of growth, expansion and relocation
Sixty percent of all respondents report that they expect to require additional data center space within the next five years. 32.6 percent expect to handle the growth and need for additional space by physically adding to and/or upgrading existing facilities and 30 percent report they will relocate to a new facility. Additional growth and expansion strategies to include 22.0 percent that will utilize a co-location center to meet their increased space requirements, 13.8 percent will use managed hosting services, and 11.2 percent will add pods or Data centers-in-a-box.
Changing storage requirements of the data center
Nearly two out of three worldwide data centers, or 63 percent, report a dramatic increase in their storage requirements over the past five years. Another 35.9 percent report a ‘slight’ to ‘moderate’ increase and only percent of all data centers saw their storage requirement decrease. Somewhat surprisingly, only 8.3 percent report that the main cause of their increased storage needs has been government regulations – while a whopping 77.5 percent attribute it to business growth.
“We’ll use the results of the survey to help us plan tracks, sessions and round tables at the 2010 Data Center World conference in Nashville in order to help professionals develop solutions for trouble spots and share successes and failures to date around all these trends,” continued Jill Eckhaus, AFCOM CEO. AFCOM’s next Data Center World conference and trade show is scheduled for March 7-11, 2010 at the Gaylord Opryland Resort & Convention Center. For more information and to register, visit www.datacenterworld.com. “It’s going to be a great show and corresponds with AFCOM’s 30-year anniversary – if you cover or work in the data center, you’ll want to be there. Our show isn’t just a display of data center products; it’s a place where extraordinary education takes place.”
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Tuesday, October 27, 2009
Study Finds U.S. Small Businesses Lack Cybersecurity Awareness and Policies
/PRNewswire/ -- Small business owners' cybersecurity policies and actions are not adequate enough to ensure the safety of their employees, intellectual property and customer data, according to the 2009 National Small Business Cybersecurity Study. The study, co-sponsored by the National Cyber Security Alliance (NCSA) and Symantec [Nasdaq: SYMC], as part of this year's National Cyber Security Awareness Month, surveyed nearly 1,500 small business owners across the United States about their cybersecurity awareness policies and practices.
The survey confirmed that small businesses today are handling valuable information - 65 percent store customer data, 43 percent store financial records, 33 percent store credit card information, and 20 percent have intellectual property and other sensitive corporate content online. 65 percent of the business survey claimed that the Internet was critical to their businesses success yet they are doing very little to ensure that their employees and systems are not victims of a data breach.
The survey shows discrepancies between needs and actions regarding security policies and employee education on security best practices. Only 28 percent of U.S. small businesses have formal Internet security policies and just 35 percent provide ANY training to employees about Internet safety and security. At the same time, 86 percent of these firms do not have anyone solely focused on information technology (IT) security. For those small businesses that do provide cybersecurity training, 63 percent provide less than 5 hours per year.
The lack of focus on cybersecurity awareness and education on the part of U.S. small businesses can lead to the loss of vital customer and company data. The study found that while more than 9 in 10 small businesses said they believe they are safe from malware and viruses based on the security practices they have in place, only 53 percent of firms check their computers on a weekly basis to ensure that anti-virus, anti-spyware, firewalls and operating systems are up-to-date and 11 percent never check them.
"The 20 million small businesses in the U.S. are a critical part of the nation's economy. While small business owners may understandably be focused on growing their business and the bottom line, it is imperative to understand that a cybersecurity incident can be disruptive and expensive," said NCSA Executive Director Michael Kaiser. "To the millions of very savvy entrepreneurs across our nation, our message is simple - being smart about the online safety of your employees, business and customers is a critical part of doing business. Cybersecurity is not a nice thing to have for American businesses, it is critical to their survival."
Meanwhile, small businesses seem out of sync with some Internet security risks. 75 percent of small businesses said that they use the Internet to communicate with customers yet only 6 percent fear the loss of customer data and only 42 percent believe that their customers are concerned about the IT security of their business. What's more, 56 percent of small businesses believe cybersecurity is the cost of doing business while 21 percent believe it is just "a nice thing to have."
Laptops, PDAs and wireless networks are great conveniences to businesses, yet they carry with them an added responsibility to ensure the data is secure. Today, more than 66 percent of employees take computers or PDAs containing sensitive information off-site. Wireless networks are gateways for hackers and cyber criminals and must be secured by complex passwords. Unsecured wireless networks are akin to leaving the front door of a filing cabinet wide open on the sidewalk. 62 percent of the companies surveyed have a wireless network but 25 percent of them do not password protect their wireless networks. This is a significant security risk as hackers can steal information being passed through these open networks.
"Security threats are becoming more complex and employees of small businesses are increasingly the target of attacks that expose their organizations to data loss," said Sheri Atwood, vice president, global solutions and programs, Symantec. "Security awareness and education, combined with a comprehensive security solution, can empower small businesses and their employees to protect themselves and their information."
For more information on how you can keep you and your business safe online visit www.staysafeonline.org. For additional results from the Zogby study, visit: http://staysafeonline.mediaroom.com/index.php?s=67
The demographic makeup of the small business polled focused on number of employees and revenue. 56 percent of those polled were companies with one-to-nine employees, 10 percent had 10-25 employees, five percent had 26-50 employees and five percent had more than 51 employees. In terms of revenue, 56 percent had annual revenue of $249,000 or less, 11 percent have revenue of $250,000-$499,000, eight percent have revenue of $500,000 to $1 million. 11 percent have revenue between $1 million and $5 million and five percent have revenues exceeding $5 million. The Zogby International poll has a margin of error of +/- 2.6 percentage points.
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The survey confirmed that small businesses today are handling valuable information - 65 percent store customer data, 43 percent store financial records, 33 percent store credit card information, and 20 percent have intellectual property and other sensitive corporate content online. 65 percent of the business survey claimed that the Internet was critical to their businesses success yet they are doing very little to ensure that their employees and systems are not victims of a data breach.
The survey shows discrepancies between needs and actions regarding security policies and employee education on security best practices. Only 28 percent of U.S. small businesses have formal Internet security policies and just 35 percent provide ANY training to employees about Internet safety and security. At the same time, 86 percent of these firms do not have anyone solely focused on information technology (IT) security. For those small businesses that do provide cybersecurity training, 63 percent provide less than 5 hours per year.
The lack of focus on cybersecurity awareness and education on the part of U.S. small businesses can lead to the loss of vital customer and company data. The study found that while more than 9 in 10 small businesses said they believe they are safe from malware and viruses based on the security practices they have in place, only 53 percent of firms check their computers on a weekly basis to ensure that anti-virus, anti-spyware, firewalls and operating systems are up-to-date and 11 percent never check them.
"The 20 million small businesses in the U.S. are a critical part of the nation's economy. While small business owners may understandably be focused on growing their business and the bottom line, it is imperative to understand that a cybersecurity incident can be disruptive and expensive," said NCSA Executive Director Michael Kaiser. "To the millions of very savvy entrepreneurs across our nation, our message is simple - being smart about the online safety of your employees, business and customers is a critical part of doing business. Cybersecurity is not a nice thing to have for American businesses, it is critical to their survival."
Meanwhile, small businesses seem out of sync with some Internet security risks. 75 percent of small businesses said that they use the Internet to communicate with customers yet only 6 percent fear the loss of customer data and only 42 percent believe that their customers are concerned about the IT security of their business. What's more, 56 percent of small businesses believe cybersecurity is the cost of doing business while 21 percent believe it is just "a nice thing to have."
Laptops, PDAs and wireless networks are great conveniences to businesses, yet they carry with them an added responsibility to ensure the data is secure. Today, more than 66 percent of employees take computers or PDAs containing sensitive information off-site. Wireless networks are gateways for hackers and cyber criminals and must be secured by complex passwords. Unsecured wireless networks are akin to leaving the front door of a filing cabinet wide open on the sidewalk. 62 percent of the companies surveyed have a wireless network but 25 percent of them do not password protect their wireless networks. This is a significant security risk as hackers can steal information being passed through these open networks.
"Security threats are becoming more complex and employees of small businesses are increasingly the target of attacks that expose their organizations to data loss," said Sheri Atwood, vice president, global solutions and programs, Symantec. "Security awareness and education, combined with a comprehensive security solution, can empower small businesses and their employees to protect themselves and their information."
For more information on how you can keep you and your business safe online visit www.staysafeonline.org. For additional results from the Zogby study, visit: http://staysafeonline.mediaroom.com/index.php?s=67
The demographic makeup of the small business polled focused on number of employees and revenue. 56 percent of those polled were companies with one-to-nine employees, 10 percent had 10-25 employees, five percent had 26-50 employees and five percent had more than 51 employees. In terms of revenue, 56 percent had annual revenue of $249,000 or less, 11 percent have revenue of $250,000-$499,000, eight percent have revenue of $500,000 to $1 million. 11 percent have revenue between $1 million and $5 million and five percent have revenues exceeding $5 million. The Zogby International poll has a margin of error of +/- 2.6 percentage points.
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Friday, October 23, 2009
Commission Seeks Public Input on Draft Rules to Preserve the Free and Open Internet
In the next chapter of a longstanding effort to preserve the free and open Internet, the Federal Communications Commission is seeking public input on draft rules that would codify and supplement existing Internet openness principles. In addition to providing greater predictability for all stakeholders, the Notice is aimed at securing the many economic and social benefits that an open Internet has historically provided. It seeks to do so in a manner that will promote and protect the legitimate needs of consumers, broadband Internet access service providers,
entrepreneurs, investors, and businesses of all sizes that make use of the Internet.
The Commission has addressed openness issues in a variety of contexts and proceedings,
including: a unanimous policy statement in 2005, a notice of inquiry on broadband industry
practices in 2007, public comment on several petitions for rulemaking, conditions associated
with significant communications industry mergers, the rules for the 700 MHz spectrum auction
in 2007, specific enforcement actions, and public en banc hearings. During this time period,
opportunities for public participation have generated over 100,000 pages of input in
approximately 40,000 filings from interested parties and members of the public.
The process today’s Notice initiates will build upon the existing record at the
Commission to identify the best means to achieve the goal of preserving and promoting
the open Internet.
Recognizing that the proposed framework needs to balance potentially competing
interests while helping to ensure an open, safe, and secure Internet, the draft rules would permit
broadband Internet access service providers to engage in reasonable network management,
including but not limited to reasonable practices to reduce or mitigate the effects of network
congestion.
Under the draft proposed rules, subject to reasonable network management, a provider of
broadband Internet access service:
1. would not be allowed to prevent any of its users from sending or receiving the
lawful content of the user’s choice over the Internet;
2. would not be allowed to prevent any of its users from running the lawful
applications or using the lawful services of the user’s choice;
3. would not be allowed to prevent any of its users from connecting to and using
on its network the user’s choice of lawful devices that do not harm the
network;
4. would not be allowed to deprive any of its users of the user’s entitlement to
competition among network providers, application providers, service
providers, and content providers;
5. would be required to treat lawful content, applications, and services in a
nondiscriminatory manner; and
6. would be required to disclose such information concerning network
management and other practices as is reasonably required for users and
content, application, and service providers to enjoy the protections specified in
this rulemaking.
The draft rules make clear that providers would also be permitted to address harmful traffic and traffic unwanted by users, such as spam, and prevent both the transfer of unlawful content, such as child pornography, and the unlawful transfer of content, such as a transfer that would infringe copyright. Further, nothing in the draft rules supersedes any obligation a broadband Internet access service provider may have -- or limits its ability -- to deliver emergency communications, or to address the needs of law enforcement, public safety, or national or homeland security authorities, consistent with applicable law.
The Commission is also seeking comment on how it should address “managed” or “specialized” services, which are Internet-Protocol-based offerings provided over the same networks used for broadband Internet access services. While the proceeding will seek input on how best to define and treat such services, managed services could include voice, video, and enterprise business services, or specialized applications like telemedicine, smart grid, or eLearning offerings. These services may provide consumer benefits and lead to increased deployment of broadband networks.
The Notice asks how the Commission should define the category of managed or specialized services, what policies should apply to them, and how to ensure that broadband providers’ ability to innovate, develop valuable new services, and experiment with new technologies and business models can co-exist with the preservation of the free and open Internet on which consumers and businesses of all sizes depend.
The Notice affirms that the six principles it proposes to codify would apply to all platforms for broadband Internet access, including mobile wireless broadband, while recognizing that different access platforms involve significantly different technologies, market structures, patterns of consumer usage, and regulatory history. To that end, the Notice seeks comment on how, in what time frames or phases, and to what extent the principles should apply to non-wireline forms of broadband Internet access, including mobile wireless.
Recognizing that the Commission’s decisions in this rulemaking must reflect a thorough understanding of current technology and future technological trends, the Chief of the Commission’s Office of Engineering & Technology will create an inclusive, open, and transparent process for obtaining the best technical advice and information from a broad range of engineers.
The adoption of this Notice will open a window for submitting comments to the FCC. Comments can be filed through the Commission’s Electronic Comment Filing System, and are due on Thursday, January 14. Reply comments are due on Friday, March 5. In addition, the rulemaking process will include many other avenues for public input, including open workshops on key issues; providing feedback through openinternet.gov, which will include regular blog posts by Commission staff; and other new media tools, including IdeaScale, an online platform for brainstorming and rating solutions to policy challenges.
Action by the Commission, October 22, 2009, by Notice of Proposed Rulemaking (FCC
09-93). Chairman Genachowski, Commissioners Copps and Clyburn; Commissioner McDowell
and Commissioner Baker concurring in part, dissenting in part. Separate statements issued by
Chairman Genachowski, Commissioners Copps, McDowell, Clyburn and Baker.
GN Docket No.: 09-191
WC Docket No.: 07-52
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entrepreneurs, investors, and businesses of all sizes that make use of the Internet.
The Commission has addressed openness issues in a variety of contexts and proceedings,
including: a unanimous policy statement in 2005, a notice of inquiry on broadband industry
practices in 2007, public comment on several petitions for rulemaking, conditions associated
with significant communications industry mergers, the rules for the 700 MHz spectrum auction
in 2007, specific enforcement actions, and public en banc hearings. During this time period,
opportunities for public participation have generated over 100,000 pages of input in
approximately 40,000 filings from interested parties and members of the public.
The process today’s Notice initiates will build upon the existing record at the
Commission to identify the best means to achieve the goal of preserving and promoting
the open Internet.
Recognizing that the proposed framework needs to balance potentially competing
interests while helping to ensure an open, safe, and secure Internet, the draft rules would permit
broadband Internet access service providers to engage in reasonable network management,
including but not limited to reasonable practices to reduce or mitigate the effects of network
congestion.
Under the draft proposed rules, subject to reasonable network management, a provider of
broadband Internet access service:
1. would not be allowed to prevent any of its users from sending or receiving the
lawful content of the user’s choice over the Internet;
2. would not be allowed to prevent any of its users from running the lawful
applications or using the lawful services of the user’s choice;
3. would not be allowed to prevent any of its users from connecting to and using
on its network the user’s choice of lawful devices that do not harm the
network;
4. would not be allowed to deprive any of its users of the user’s entitlement to
competition among network providers, application providers, service
providers, and content providers;
5. would be required to treat lawful content, applications, and services in a
nondiscriminatory manner; and
6. would be required to disclose such information concerning network
management and other practices as is reasonably required for users and
content, application, and service providers to enjoy the protections specified in
this rulemaking.
The draft rules make clear that providers would also be permitted to address harmful traffic and traffic unwanted by users, such as spam, and prevent both the transfer of unlawful content, such as child pornography, and the unlawful transfer of content, such as a transfer that would infringe copyright. Further, nothing in the draft rules supersedes any obligation a broadband Internet access service provider may have -- or limits its ability -- to deliver emergency communications, or to address the needs of law enforcement, public safety, or national or homeland security authorities, consistent with applicable law.
The Commission is also seeking comment on how it should address “managed” or “specialized” services, which are Internet-Protocol-based offerings provided over the same networks used for broadband Internet access services. While the proceeding will seek input on how best to define and treat such services, managed services could include voice, video, and enterprise business services, or specialized applications like telemedicine, smart grid, or eLearning offerings. These services may provide consumer benefits and lead to increased deployment of broadband networks.
The Notice asks how the Commission should define the category of managed or specialized services, what policies should apply to them, and how to ensure that broadband providers’ ability to innovate, develop valuable new services, and experiment with new technologies and business models can co-exist with the preservation of the free and open Internet on which consumers and businesses of all sizes depend.
The Notice affirms that the six principles it proposes to codify would apply to all platforms for broadband Internet access, including mobile wireless broadband, while recognizing that different access platforms involve significantly different technologies, market structures, patterns of consumer usage, and regulatory history. To that end, the Notice seeks comment on how, in what time frames or phases, and to what extent the principles should apply to non-wireline forms of broadband Internet access, including mobile wireless.
Recognizing that the Commission’s decisions in this rulemaking must reflect a thorough understanding of current technology and future technological trends, the Chief of the Commission’s Office of Engineering & Technology will create an inclusive, open, and transparent process for obtaining the best technical advice and information from a broad range of engineers.
The adoption of this Notice will open a window for submitting comments to the FCC. Comments can be filed through the Commission’s Electronic Comment Filing System, and are due on Thursday, January 14. Reply comments are due on Friday, March 5. In addition, the rulemaking process will include many other avenues for public input, including open workshops on key issues; providing feedback through openinternet.gov, which will include regular blog posts by Commission staff; and other new media tools, including IdeaScale, an online platform for brainstorming and rating solutions to policy challenges.
Action by the Commission, October 22, 2009, by Notice of Proposed Rulemaking (FCC
09-93). Chairman Genachowski, Commissioners Copps and Clyburn; Commissioner McDowell
and Commissioner Baker concurring in part, dissenting in part. Separate statements issued by
Chairman Genachowski, Commissioners Copps, McDowell, Clyburn and Baker.
GN Docket No.: 09-191
WC Docket No.: 07-52
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