The British government will propose emergency legislation Monday to alter its data retention and communications intercept programs, according to a Thursday news release (http://bit.ly/1mSvsO8). The move is in response to a recent European Court of Justice ruling to eliminate the European Data Retention Directive, citing privacy and human rights issues, said Covington and Burling data protection lawyer Daniel Cooper. The ruling “left many unsure about the status of member state data retention rules,” he said by email Thursday night. Previously, the U.K. government had required telecom providers to retain data for 24 months. Its proposal Monday would implement a 12-month retention period, said Cooper. “Clearly, the government intends to plug that gap by passing similar provisions as a primary act of law.” Human Rights Watch (HRW) was angered by the tactic. “Given what we know about the UK’s involvement in mass surveillance, it is outrageous that the government wants to rush through emergency legislation that allows the government to monitor people not suspected of any wrongdoing,” said Izza Leghtas, Western Europe researcher with HRW. The civil rights advocate said the proposed legislation will expire in 2016. “A proper debate about how to reform surveillance powers is long overdue and it has to happen now, not in 2016,” Leghtas said. As part of its surveillance reforms, Cooper said the British government will propose to further restrict access to collected communications data, establish a Privacy and Civil Liberties Oversight Board (PCLOB) similar to the American’s PCLOB and launch discussions with the U.S. government and Internet companies on cross-border data sharing. The British government also plans to start a review, to be completed by 2016, of its communications intercept law, he said. “Now, we will have to wait and see whether this legislation, when adopted, will be challenged as being incompatible with European privacy and human rights law."
China ratified the Beijing Treaty on Audiovisual Performances (http://bit.ly/1nb3EyI) to strengthen the rights of performers in movie, TV and other audiovisual works, said a World Intellectual Property Organization news release (http://bit.ly/W0Hni0). WIPO said the treaty “will enter into force after 30 ratifications or accessions are presented to WIPO.” China was one of the first countries to ratify the treaty, said WIPO Director General Francis Gurry.
Representatives of British intelligence agencies will appear in public hearings next week to respond to a case brought by civil liberties advocates about the legality of British surveillance programs, said a Wednesday news release from Privacy International (http://bit.ly/1neJo3Y). Several groups, including Amnesty International and the American Civil Liberties Union, collectively brought a case against British intelligence agency Government Communications Headquarters (GCHQ) in the Investigatory Powers Tribunal (IPT) “to challenge the UK government’s insistence that alleged operations involving bulk interception, collection, analysis and use of people’s communications, and related intelligence-sharing arrangements with the US, are lawful,” said Privacy International. Hearings will be Monday to Friday. IPT is a court created to hear cases regarding allegations of legal violations by British intelligence agencies. It will be the first time GCHQ officials have appeared in public to discuss their surveillance programs, Privacy International said.
U.K. communications regulator Ofcom began accepting license applications Tuesday to run a second national digital audio broadcasting (DAB) “multiplex,” which will allow the launch of about 10 new national DAB services, the agency said. The first DAB multiplex, Digital One, has reached full capacity, as the number of DAB stations available nationally has risen to 14, from four in 2009, it said. It estimated more than a third of U.K. radio listening is done on a DAB radio. Applications will close Oct. 30, when they'll be posted on the Ofcom website for public comment, the agency said. Digital Radio UK, the industry group that promotes DAB adoption, hailed the Ofcom announcement. The new DAB multiplex will “increase the additional station choice on DAB and could lead to further innovation and creativity,” said Ford Ennals, the group’s CEO.
Mexican billionaire Carlos Slim will buy out AT&T’s $5.9 billion stake in America Movil, America Movil said in a filing at the SEC Friday (http://1.usa.gov/1qjVj2Y). AT&T is selling its holdings of Slim’s company to avoid any conflict of interest because it’s buying DirecTV, which competes with America Movil for pay-TV customers in Latin America, Bloomberg reported (http://buswk.co/1yVfcQh).
The FTC approved final orders to settle charges for U.S.-EU safe harbor enforcement actions it has taken against 14 companies this year, said a Wednesday news release (http://1.usa.gov/1mfjPL7). Companies ranged from retailers like American Apparel, to data brokers like Apperian, to medical facilities like DDC Laboratories and even several NFL teams (CD Jan 22 p9). Four FTC commissioners unanimously approved the final orders, with recently sworn-in Terrell McSweeny not voting. Very few comments were filed during the public comment period. One commenter pushed for the FTC to take action against TRUSTe, which certifies companies’ compliance with various FTC regulations. The FTC responded it “cannot comment on whether it is investigating any particular companies or allegations. However, the Commission takes seriously the role of self-regulatory privacy programs that certify company compliance with the Safe Harbor framework, such as TRUSTe.” The Electronic Privacy Information Center (EPIC) was the only major organization to file a comment (http://1.usa.gov/1lUFAWm). EPIC chastised the FTC for rarely making changes to final orders based on public comments: “It is becoming unclear what purpose is served by the Commission’s request for public comments on a proposed settlement if the agency is unwilling to make any modifications.” It did suggest the FTC’s safe harbor settlements should require companies to comply with the White House’s consumer privacy bill of rights (CPBR) (http://1.usa.gov/1hwy3KA) and that each company’s initial safe harbor compliance report -- required in the consent order -- be made public. EPIC’s suggestions were not incorporated into the final orders. In its response (http://1.usa.gov/1pBTgnj), the FTC said it “supports the goals laid out in the CPBR,” but that “the order is designed to address specific conduct as alleged in the complaint—which did not include substantive violations of the Safe Harbor framework—not to impose obligations that may not be tied to such conduct.” The commission also noted the compliance reports could be made public: “The public may seek access to compliance reports required by the orders by making a request under the Freedom of Information Act,” it said. But the FTC would be required to keep confidential any trade secrets or commercial and financial information about the company, it said.
The International Trade Commission is seeking comment by July 7 on public interest factors it should consider as it decides whether to issue limited exclusion orders banning imports of some Nokia and ZTE devices, said an ITC notice appearing in Friday’s Federal Register (http://1.usa.gov/1qihPH0). The ITC began its investigation on wireless devices with 3G or 4G capabilities in January 2013 in response to a request from InterDigital, which alleged patent infringement by way of imports of devices including Nokia’s Lumia 822 and 920 and ZTE’s ZTE Avail, Jetpack and 4G Hotspot. An administrative law judge June 13 recommended issuing limited exclusion orders against Nokia and ZTE, and a cease and desist order against Nokia, should the commission find a violation of Tariff Act Section 337. The ALJ also recommended implementation of any limited exclusion orders be delayed by six months. Nokia and ZTE representatives had no comment Thursday.
Europe’s mobile saturation and weakened consumer spending resulted in a “high single digit” percentage drop in mobile service revenue for the Europe, Middle East and Africa (EMEA) region in 2013, Infonetics Research said Friday. Global mobile service revenue rose by 1 percent for 2013 due to offsetting rises in revenue in other regions, said the industry research firm. The Asia-Pacific region saw revenue rise 5 percent, while the Caribbean and Latin America’s rose 4 percent and North America’s rose 3 percent, Infonetics said. Europe’s declining revenue occurred regionwide, including more competitive markets in Belgium, France, Germany, Italy, the Netherlands and Spain, said Stéphane Téral, Infonetics’ principal analyst-mobile infrastructure and carrier economics. European carriers Deutsche Telekom, Orange, Telecom Italia, Telefónica and Vodafone are pushing for the European Commission to allow more consolidation, which may “restore operators’ revenue growth and margins, similar to what we saw in Austria,” Téral said in a news release (http://bit.ly/1lqU2ne).
The U.S. Patent and Trademark Office and the South Korean Intellectual Property Office are expanding cooperation in patent classification activities, they said in a news release Thursday (http://1.usa.gov/1kGlqxy). South Korean regulators will increase the number of technical areas in which they classify patent documents using the joint U.S.-EU Cooperative Patent Classification system, they said. PTO said the change will make it easier to find existing South Korean patents and apply for new patents in South Korea.
PCCW, owner of Hong Kong Telecommunications, is giving Londoners its first taste of what it calls “fiber-fast broadband without the wires.” This week, PCCW subsidiary UK Broadband launches the “Relish” plug-and-play service, which uses 4G mobile broadband to give homes and offices in the city’s central zone up to 65 Mbps and on average 30 Mbps of broadband with no landline needed. A home Ethernet/Wi-Fi router costs 50 pounds (about $84 at 1 pound = $1.67) to buy and 20 pounds ($33) a month for service with unlimited data. A pocket hub costs 35 pounds ($59) to buy and serves up to 10 devices for 10 pounds ($17) a month. Users who sign up for a year for both services get free hardware and reduced prices. The home router works only in London (with other urban areas promised), but the pocket hub roams for free on the “Three” 3G network outside London. Customers order from Relish by phone or online and get a ready-to-use device delivered, in a pizza-style box, the next day. A postcode database advises where in London the devices should and should not work. If reception is impossible, such as in a basement, there is a money-back guarantee. PCCW Group and UK Broadband are licensed to use six 20 MHz channels in 4G LTE Bands 42/43 (at 3.5 GHz). Relish is only using one channel for the London service. The cost of the hardware, made by Huawei, is kept down by dedication to a limited range of channels. Relish cites data by the Centre for Economics and Business Research, showing London homes and small businesses are paying 193 million pounds a year on landlines they neither want nor use, just to get broadband, and that 47 percent of Londoners would prefer broadband without a landline.