Filings

This Letter and Appendices are also available in PDF format.

October 2, 2008

Marlene H. Dortch, Secretary
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

RE: Notice of Ex Parte Filing; WC Docket No. 08-7

Dear Secretary Dortch:

Public Knowledge, Free Press, Consumer Federation of America, Consumers Union, EDUCAUSE, Media Access Project, New America Foundation, U.S. PIRG, Assemblyman Richard L. Brodsky, and CREDO Mobile, Inc. (Public Knowledge et al.^[1]) submit this ex parte filing to respond to several recent filings by wireless providers that mischaracterize several aspects of the Petition for Declaratory Ruling to prohibit discrimination in text messaging (“Text Messaging Petition” or “Petition”) filed by Public Knowledge and others earlier this year.

This testimony is also available in PDF format.

Oral Statement of Gigi B. Sohn
President, Public Knowledge

Before the
U.S. Senate
Committee on Commerce, Science, and Transportation

September 25, 2008

Chairman Inouye, Ranking Member Hutchison and Members of the Committee, thank you for giving me the opportunity to testify today. I’d like to focus on the growing use of technologies known as “Deep Packet Inspection,” or DPI, for short. The use of DPI technology has serious implications for the privacy rights of the American public. Public Knowledge, in partnership with Free Press, has been analyzing these technologies and their impact on both privacy and an open Internet. In June, our organizations published a white paper entitled “NebuAd and Partner ISPs: Wiretapping, Forgery and Browser Hijacking,” which examined the technical and policy aspects of DPI. I applaud the Committee for its scrutiny of the use of these technologies.

This testimony is also available in PDF format.

Testimony of Gigi B. Sohn
President, Public Knowledge

Before the
U.S. Senate
Committee on Commerce, Science, and Transportation

September 25, 2008

Chairman Inouye, Ranking Member Hutchison and Members of the Committee, thank you for giving me the opportunity to testify about broadband providers and consumer privacy. I’d like to focus today on the growing use of the collection of technologies known as “Deep Packet Inspection,” or DPI, which has immense implications for the privacy rights of the American public. Over the past several months, Public Knowledge, in partnership with Free Press, has been analyzing these technologies and their impact on privacy and an open Internet. In June, our organizations published a white paper entitled NebuAd and Partner ISPs: Wiretapping, Forgery and Browser Hijacking, which examined the technical and policy aspects of DPI. I applaud the Committee for its continued scrutiny of the use of these technologies.

Download this document in PDF Format

ACTA@ustr.eop.gov

Re: Anti-Counterfeiting Trade Agreement (ACTA): Request

The undersigned associations and companies appreciate that the United States Trade Representative (USTR) and the Department of Commerce have organized a public meeting to consult with interested parties on the proposed ACTA anti-counterfeiting agreement. We also appreciate the call for additional comments prior to the public meeting.

The entire complaint is available in PDF format.

Complaint for Injunctive and Declaratory Relief

This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 & 2202, for injunctive, declaratory and other appropriate relief. Plaintiffs seeks the expedited processing and release of records concerning the Anti-Counterfeiting Trade Agreement (“ACTA”), a plurilateral trade agreement focused on combating counterfeiting and piracy. Because the requested records involve a matter of substantial public interest, and there is an “urgency to inform the public” about ACTA, plaintiffs are statutorily entitled to the expedited treatment they seek.

These comments are also available in PDF format.

Before the

UNITED STATES COPYRIGHT OFFICE
LIBRARY OF CONGRESS
Washington, D.C.

In the Matter of Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries

Docket No. RM 2000-7

Comments of the Electronic Frontier Foundation, Public Knowledge, Center for Democracy and Technology, Consumers Union, Consumer Federation of America, U.S. PIRG, and the Computer & Communications Industry Association

The Electronic Frontier Foundation (EFF), Public Knowledge, Center for Democracy and Technology (CDT), Consumers Union (CU), Consumer Federation of America, U.S. Public Interest Research Group (U.S. PIRG), and the Computer & Communications Industry Association (CCIA) (collectively the “Public Interest Commenters”) submit the following comments in response to the Copyright Office’s Notice of Proposed Rulemaking (NPRM) published at 73 Fed. Reg. 40802 (July 16, 2008).

The complete filing is available in PDF Format.

In the Matter of

Applications of Cellco Partnership d/b/a Verizon Wireless and Atlantis Holdings LLC

For Consent to Transfer Control of Licenses, Authorizations, and Spectrum Manager and De Facto Transfer Leasing Arrangements

WT Docket No. 08-95
File Nos. 0003463892, et al., ITC-T/C-20080613-00270, et al.

The Ad Hoc Public Interest Spectrum Coalition (PISC) respectfully submits this Petition to Dismiss or Deny the above-captioned applications. The applicants have failed to meet their burden of demonstrating how the applications, as filed, serve the public interest.

This statement is also available in PDF format.

Statement of Public Knowledge

Committee on the Judiciary
United States Senate

Hearing on:
“Music and Radio in the 21st Century: Assuring Fair Rates and Rules across Platforms”

July 29, 2008

Chairman Leahy, Ranking Member Specter, Senator Feinstein and Members of the Committee:

Thank you for the opportunity to submit Public Knowledge’s statement for the record on the issue of bringing music performance licensing into the digital age.

Public Knowledge is a public interest group devoted to protecting consumers’ and users’ digital rights and ensuring a vibrant creative culture for their benefit. Internet radio promises a cornucopia of variety and innovation to users if it is allowed to flourish. To this end, webcasting and other digital audio services should be allowed to provide music to users without undue licensing burdens and unhampered by government-mandated digital locks.

Unfortunately, current law falls short of providing this necessary environment, and some proposed changes, such as aspects of S. 256, the PERFORM Act, may in fact worsen the situation. However, there are also proposals, such as S. 1353, the Internet Radio Equality Act, that might help to address the inequality in the royalty rates paid by webcasters.

The full filing is available in PDF format.

Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, DC 20554

In the Matter of
Free Press, et al. Petition for Declaratory Ruling
Broadband Industry Practices
WC Docket No. 07-52

To: The Commission

REPLY TO COMCAST’S ARGUMENT WITH REGARD TO CBS v. FCC

Media Access Project, on behalf of Free Press, et al., files these further written ex parte comments in response to the written ex parte filed by Comcast on July 24, 2008.

Full comments are available in PDF format.

Before the
Federal Communications Commission

In the Matter of
Motion Picture Association of America

Petition for Expediated Special Relief
Petition for Waiver of C.F.R. § 76.1903

CSR-7947-Z
MB Docket: No. 08-82

Comments of
Public Knowledge, Consumer Federation of America, Digital Freedom Campaign, Electronic Frontier Foundation, Media Access Project, New America Foundation and U.S. PIRG.