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Subject: TELECOM Digest V23 #473

TELECOM Digest     Wed, 6 Oct 2004 15:31:00 EDT    Volume 23 : Issue 473

Inside This Issue:                            Editor: Patrick A. Townson

    Internet Grants Cut, and F.C.C. Scolded (John Stahl)
    Cingular Wireless New England Adds 100th Cell Site of 2004 (M Solomon)
    CDT Headline: Federal Court to Rehear Email Privacy Case (Monty Solomon)
    CDT Headline: Spyware Bills See Flurry of Action (Monty Solomon)
    Flood of Spam Continues, Despite Ban (Lisa Minter)
    Net Giants Adopt Anti-Spam System (Lisa Minter)
    Re: A New Phone and Techie Controversy at Verizon (Joseph)
    Re: Cell Phone Incident Results in DC Metro Arrest (Lisa Hancock)
    Re: Cell Phone Incident Results in DC Metro Arrest (Mark Atwood)
    Re: More on "Social Activists" and Public Utilities (Lisa Hancock)

All contents here are copyrighted by Patrick Townson and the
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We must fight spam for the same reason we fight crime: not because we
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               ===========================

See the bottom of this issue for subscription and archive details
and the name of our lawyer; other stuff of interest.  

----------------------------------------------------------------------

Date: Wed, 06 Oct 2004 06:16:40 -0400
From: John Stahl <aljon@stny.rr.com>
Subject: Internet Grants Cut, and F.C.C. Scolded


Universal Fee paid by everyone each month on their phone bills
intended to fund Internet services at schools, libraries, etc., being
held back due (according to FCC and others connected with the fund) to
new government accounting standards gets Congress ire.

According to a previous article from October 4, this fund shut down
"has led state administrators to either take money from other
educational programs or postpone paying their phone and Internet
companies." This all could further add to higher costs of education as
many schools throughout the nation have wired up for Internet
services. Obviously, the "search" for money to pay for these services
could require school districts to increase taxes to pay for the loss
of Federal funds.

Internet Grants Cut, and F.C.C. Scolded
By STEPHEN LABATON - NY TIMES

WASHINGTON, Oct. 5 - The Federal Communications Commission came under
sharp criticism in Congress on Tuesday over a series of decisions that
have led to the suspension of a $2.25 billion program that pays for
telephone and Internet services at public schools and libraries.

The suspension, which began without notice two months ago, has caused
hardships in many school districts and communities, which have had to
postpone paying bills or take money from other projects. By one
estimate, as much as $1 billion in expected grants could be suspended
by the end of the year.

The company that administers the program issued a suspension on new
grants as it wrestled with new accounting standards and tighter
spending limits imposed on it by the F.C.C.

A hearing Tuesday before the Senate Commerce Committee had originally
been called to examine waste at the so-called E-Rate program, which
administers telephone and Internet services for schools and
libraries. But three of the four senators present focused instead on
the F.C.C.'s decision to impose tighter spending restrictions.

The fourth senator, John McCain of Arizona, the Republican chairman of
the committee, pressed the witnesses about what steps were being
undertaken to monitor the program in light of a series of fraud cases
involving telephone companies and equipment makers over the last few
years. He expressed irritation that Congress had not been notified
about the suspension of the program ...

Complete article (needs free sign-up):
http://www.nytimes.com/2004/10/06/technology/06net.html?th

------------------------------

Date: Wed, 6 Oct 2004 12:26:47 -0400
From: Monty Solomon <monty@roscom.com>
Subject: Cingular Wireless New England Adds 100th Cell Site of 2004


Network Enhancement Initiatives Pay Off in New England; Cingular
affirms customer commitment to "best in class" wireless experience

WESTWOOD, Mass, Oct. 6 /PRNewswire/ -- Cingular Wireless today
announced the activation of their 100th cell site in New England so
far this year. The site, located in Upton, MA, represents a major
milestone in the market's 2004 build plan, which is almost double the
size of last year and only marks two-thirds of Cingular's planned
network build in New England this year.

The 100 cell sites are part of a $109 million investment in
Connecticut, Massachusetts, Rhode Island and southern New Hampshire
designed to enhance service and expand coverage in the region. By the
end of this year the company plans to add 170 total cell sites -- 49
in Connecticut, 78 in Massachusetts, 23 in Rhode Island and 20 in
southern New Hampshire. These new sites are intended to improve
service quality and extend coverage for Cingular Wireless customers
traveling in New England.

     - http://finance.lycos.com/home/news/story.asp?story=44098251

------------------------------

Date: Wed, 6 Oct 2004 12:22:03 -0400
From: Monty Solomon <monty@roscom.com>
Subject: CDT Headline: Federal Court to Rehear Email Privacy Case


  From: info@cdt.org
  Date: Tue,  5 Oct 2004 16:47:33 -0400 (EDT)
  Subject: Federal Court to Rehear Email Privacy Case

A federal court of appeals has announced it will rehear its earlier
decision that the wiretap laws do not apply to real-time interception
of email. CDT and three other organizations had urged the court to
reconsider its ruling in an amicus brief arguing that the original
appeals court decision potentially created a loophole for law
enforcement and ISP access to email. October 05, 2004

Rehearing Order by Court of Appeals for the First Circuit [offsite],
October 05, 2004:
http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=03-1383ORD.01A

Amicus Brief of Center for Democracy & Technology, Electronic Frontier
Foundation, Electronic Privacy Information Center and American Library
Association [PDF], September 02, 2004:
http://www.cdt.org/wiretap/20040902cdt.pdf

Justice Department's Petition for Rehearing and Rehearing En Banc
[PDF], August 27, 2004: http://www.cdt.org/wiretap/20040827doj.pdf

Policy Post 10.13: Email Privacy Protection Called into Question by
Federal Appeals Court Decision, July 30, 2004:
http://www.cdt.org/publications/pp_10.13.shtml

United States v. Councilman Decision [PDF], June 30, 2004:
http://www.cdt.org/wiretap/20040630decision.pdf

More on wiretap laws: 
http://www.cdt.org/wiretap/wiretap_overview.html

------------------------------

Date: Wed, 6 Oct 2004 12:22:45 -0400
From: Monty Solomon <monty@roscom.com>
Subject: CDT Headline: Spyware Bills See Flurry of Action


  Subject: CDT Headline: Spyware Bills See Flurry of Action
  From: info@cdt.org
  Date: Wed,  6 Oct 2004 11:56:58 -0400 (EDT)

The House passed an anti-spyware bill on October 5 that would give the
Federal Trade Commission explicit authority over a variety of
deceptive practices and require information collection software to
provide notice before installation. A second bill, creating criminal
penalties for the worst forms of spyware, is scheduled for
consideration by the House today and is expected to pass
easily. Additionally, California Governor Arnold Schwarzenegger signed
a spyware bill on September 28, prohibiting several deceptive spyware
related practices in California. October 06, 2004

CDT Letter to Senate Commerce Committee on HR 2929, The SPY ACT [PDF],
September 24, 2004:
http://www.cdt.org/privacy/spyware/20040924cdtcommerce.pdf

CDT Letter to Senate Judiciary Committee on HR 4661, The I-SPY Act
[PDF], September 24, 2004:
http://www.cdt.org/privacy/spyware/20040924cdtjudiciary.pdf

Text of HR 2929, Securely Protect Yourself Against Cyber Trespass Act
[offsite]: http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.2929:

Text of HR 4661, Internet Spyware Prevention Act [offsite]:
http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.4661:

Text of California SB 1436 [offsite]:
http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_1436&sess=CUR&house=B&author=murray

------------------------------

From: Lisa Minter <lisa_minter2001@yahoo.com>
Subject: Flood of Spam Continues, Despite Ban
Date: Wed,  6 Oct 2004 10:50:48 -0400 (EDT)


Your inbox is probably flooded with spam, despite a federal anti-junk
e-mail law that went into effect Jan. 1.

Spam still accounts for about 75 percent of all e-mail, according to
Postini, a California-based e-mail filtering company.

Postini's Chris Smith says the overall volume of Spam is holding
steady; but X-rated spam has dropped by about half since
January. Smith says porno spam is now less than 1 percent of junk
e-mail.

Smith says spam remains a problem because junk e-mail works. He says
e-mail is so cheap to send, a spammer just needs a few people to
respond to make the effort profitable.

------------------------------

From: Lisa Minter <lisa_minter2001@yahoo.com>
Subject: Net Giants Adopt Anti-Spam System
Date: Wed, 06 Oct 2004 14:48:21 +0000


Some of the net's biggest players such as AOL, Hotmail and Yahoo are
stepping up efforts to combat spam.

http://news.bbc.co.uk/go/em/fr/-/2/hi/technology/3706828.stm

------------------------------

From: Joseph <JoeOfSeattle@yahoo.com>
Subject: Re: A New Phone and Techie Controversy at Verizon
Date: Wed, 06 Oct 2004 07:39:59 -0700
Reply-To: JoeOfSeattle@yahoo.com


On Tue, 05 Oct 2004 18:34:14 GMT, Truth <yenc@sucks.com> wrote:

> And one can only imagine how long the battery life is with all this
> crap and backlit screens on these stupid phones today.

And how would you propose to have a screen show up at night?
Moonlight?

And FYI I have a newer phone with Bluetooth and the battery life on my
phone is excellent even with the addition of Bluetooth.  I can get
almost two weeks of standby on my phone.  Part of it is engineering as
to how well a phone will be economical.

> A phone is for making and taking calls, we have cameras, TVs, walkmans
> and video game systems to do those things.

For you all a mobile phone is for is to make and receive phone calls.
Other people want other functionality.

The mobile carriers realize that if they are to grow their business
they have to do *something* extra to encourage their old and new
subscribers to use services that will generate more revenue.  Without
revenue a company dies!

Some of the new advances are window dressing, but others are genuinely
useful or at least useful to a segment of the intended market.

> Next these phones will have power draining mini fridges to keep your
> cans of pop cool in.

Instead of making a rational argument you instead decide to be silly!

[TELECOM Digest Editor's Note: Well that is basically how I feel about
cell phones as well. I *never* play the built in games; I rarely use
the directory; I only rarely use the text messaging or email functions
built in it. As far as I am concerned, my cell phone has two functions
only: When I am not at home, my landline phone rings 3-4 times then 
transfers calls to my cell phone. When I am not at home, my cell phone
is useful to call the cab when I want to get picked up and taken
somewhere else (mostly back home) or make other incidental calls as
needed. I like the fact that I only have to charge it every couple
days most of the time. PAT]           

------------------------------

From: hancock4@bbs.cpcn.com (Lisa Hancock)
Subject: Re: Cell Phone Incident Results in DC Metro Arrest
Date: 6 Oct 2004 08:45:29 -0700
Organization: http://groups.google.com


> [TELECOM Digest Editor's Note: Chicago Police have a good one for you,
> where any gathering of individuals (except those the police approve
> of, of course) can be defined as a 'mob action', and police can order
> an immediate dispersal or the 'mob' is subject to arrest, etc. So if
> police tell you to 'move along' you best do so. Trouble is, it was
> found to be unconstitutional, since the way the law was written it
> could apply to church groups, sports groups, political assemblies,
> etc. Mayor Daley was quite indignant: "well, I didn't mean a church
> group, or people at Wrigley Field or the Republican convention." ACLU
> told him "yeah, we know what you meant; you were talking about groups
> of young black men standing on street corners, so say what you meant."

Playing devil's advocate here ...

How did the ACLU know with certainty that's what the mayor meant?
Maybe, just maybe, what the mayor meant was young male _hoodlums_ (of
any race) looking for trouble on the street corner?  Groups of white
kids hanging out have been known to murder black people who were
merely passing by.

> Well of course, Daley and his racist police would not dare to say
> what they really meant. City Council has tried to pass that 'no
> loitering' ordinance now five or six times (rephrasing it slightly
> each time) and it has gotten shot down each time by ACLU and others. PAT]

To give another point of view on urban issues:

Phila once had a controversial mayor, Frank Rizzo, who was hated by
liberals and African Americans.  Some years after he left office he
ran again.  Only this time many African American communities were so
disgusted with the decay of drugs and crime he was welcomed in them as
the person who could clean them up.  His image of "tough law and
order" which years ago was seen as racist was now seen as desirable
and necessary.  Interesting how times and attitudes change.  He died
suddenly during the campaign.  At his funeral there was a massive
outpouring from the citizens from all walks of life.  To the surprise
of the liberal community and news media, a great many African
Americans--some poor, some well connected -- came out and spoke of
help Rizzo had done for them (things from him stopping his limo and
picking up a black woman waiting for a bus in the rain to take her
home, to helping black businesspeople get a loan/grants and get
started).  It turned out the perception of him weren't as true as
people thought.

The point here is that some people are quick to assume that an 
anti-crime attitude or law is something _more_ than that -- an
attack on civil liberties, an attack on race, a "repression", etc.

Maybe the strict policy on loud cellphone conversations is just
that -- a policy on loud cellphone conversations and nothing more.

I really think people who label such rules as "repression" cause more
trouble than they solve and in the end actually make things worse for
all of rest.  I point to the NYC subway book of rules as an example.
They weren't allowed to "pick on" homeless people disturbing others,
so they had to come up with a convoluted set of rules that adversely
impacts on everyone.

[TELECOM Digest Editor's Note: Regards the comparison between Rizzo
and Daley, we had two Daleys, Daley I and Daley II, separated in their
reigns by our one and only woman mayor (Byrne), our one and only black
mayor (that was really an accident!) and another guy for a short
time (Bilandic). While Daley I was reigning (4 terms, about 20 some
years) Daley II, his son, was the prosecuting attorney. Daley I made
no secret of his racist feelings. While Daley II was prosecutor, he
set a record for having Cook County Jail filled to brimful and over-
flowing with young black guys on various drug charges. How full was
the Jail? So full it maxxed out at around *eight thousand* inmates, 97
percent of whom were young and black. Daley II resigned his position
as Prosecutor, got elected (no problem!) as Mayor on a law-and-order
platform, and continued ordering police to lock 'them' up as fast as
possible. There may be some confusion in *your* mind as to what Daley
meant when police were told to 'break up people who stand in groups
on street corners' but no one else was confused by it.   PAT]

------------------------------

Subject: Re: Cell Phone Incident Results in DC Metro Arrest
From: Mark Atwood <mra@pobox.com>
Organization: EasyNews, UseNet made Easy!
Date: Wed, 06 Oct 2004 07:06:47 GMT


Joseph <JoeOfSeattle@yahoo.com> writes:

> There's a lack of sidetone on mobile phones because if there was an
> appreciable amount you'd get feedback.

That's what digital signal processors are *for*.

> Plenty of people know how to use a mobile phone without shouting.

Having decent mikes in them, and placing them properly would make a
positive difference as well.

Who is the *moron* that thought that using the smallest cheapest
possible mike, placing it behind a single 1/32" hole, and designing
the phone so said hole is against your cheek, would be a good idea?


Mark Atwood    |  When you do things right, people won't be sure
mra@pobox.com  |  you've done anything at all.
http://www.pobox.com/~mra  |  http://www.livejournal.com/users/fallenpegasus

[TELECOM Digest Editor's Note: I have one earpiece/microphone combin-
ation for my cell phone, made by Plantronics, which so far as I can
tell has no microphone at all, just a little plug which fits in your
ear. It works great.   PAT]

------------------------------

From: hancock4@bbs.cpcn.com (Lisa Hancock)
Subject: Re: More on "Social Activists" and Public Utilities
Date: 6 Oct 2004 11:08:12 -0700
Organization: http://groups.google.com


[Note--While this primarily concerns social issues, I have tried
to include some connection to telecom issues where practical.]

henry999@eircom.net (Henry) wrote

>> social activists ... are incompetent, have hidden agendas, and do
>> more harm than good for the people.
 
> Aside from the fact, as another respondent noted, that this is an
> overgeneralisation, it is an extremely naive one at that. How do you
> think the world ever gets better?

The prior post gave specific examples.

In this newsgroup focusing on communications and public utilities, I
submited examples where their actions, however well intentioned, have
cost consumers more money.  I believe, for example, that deadbeats are
not entitled to receive utility service for free, esp when other
customers have to make up the difference.

As to liberalism in general, I call your attention to a memoir by
Eleanor Roosevelt, "This I remember".  During her time as First Lady
of the nation as well as the State of NY, she championed many social
changes and experiments.  She reflected back on them and recognized
that some of them were simply failures.  It's too bad many of today's
activists are unfamiliar with _all_ of her experiences and fail to
take into account human nature and other issues.

During the LaGuardia years as mayor of NYC, his people believed modern
housing would cure social ills of the slums.  They learned the hard
way that having a modern kitchen and plumbing in itself does not
uplift people to higher behavior standards.

I am not saying we don't need social legislation, or that the New Deal
was bad.  We definitely have social issues that need to be addressed.
What I am saying is that social activists fail to look at the hard
facts of the situation and that includes looking at the numbers and
respecting human nature.

I don't mind my taxes paying someone genuinely unemployed, but I do
expect that person to be honestly looking for new work; too many are
not.

Some states now have an automated phone-in system to report in each
week, with little to verify that the claimant is honestly looking for
new work.  When one state did an audit and found people like prison
inmates fraudulently collecting, social activists criticized the audit
as being unfair to the poor.

As to your specifics:
 
> Get up at 6:AM to prepare morning coffee. The water they fill the pot
> with is cleaner because liberals fought for minimum clean water
> standards.

Was it just "liberals" who fought for that?  What about the
conservative town fathers of 100 years who recognized that need
and set up central water and sewage systems and public sanitation?
 
> They take daily medication with the first swallow of
> coffee. Presumably medications are safer to take because some
> liberal fought to insure their safety and that they work as
> advertised. All but $10.00 of their medications are paid for by his
> employers medical plan because some liberal union workers fought
> their employers for paid medical insurance, now Mr. &
> Mrs. Conservative enjoy those benefits too.

You ignore that the very high price of those medications and health
care is hurting the American economy.  Where is that money going?  The
activists don't care, but they should because everyone ends up paying,
one way or another.  My point remains that the activists don't like to
get into the nitty gritty accounting to study and understand the real
underlying issues.
 
> After Mr. & Mrs. dress they walk outside and take a deep breath. The
> air is cleaner because some tree hugging liberal fought for laws to
> stop industries from polluting our air.

Except our planet remains very polluted.  The stiff air pollution laws
contributed to closing down some dirty industries -- it was cheaper to
buy foreign products than pay for expensive pollution controls.  So we
lost jobs and commerce.  Further, overseas producers have virtually no
pollution controls at all and are ruining their own countries.  It's
gonna come back and haunt us.

Further, social advocates are against nuclear power, but that doesn't
kick out the air pollution or require dangerous coal mining and
transport.
 
> They walk to the subway station for the government-subsidized ride to
> work; it saves them considerable money in parking and transportation
> fees. You see, some liberal fought for affordable public
> transportation.

The vast majority of people drive their own car to work.  In my other
post I described the damage social activists do to transit.  They hold
down fares too low and the carrier is unable to provide decent
service.  Your couple will wait a long time for an overcrowded
decrepit train as a result.  This happened in my own city -- the
transit agency needed more money but the social activists took them to
court.  The agency promptly cut service.  The poor riders on the
street saved a nickel or two for the honor of standing longer in the
rain.

> They start the workday; they have good jobs with excellent pay,
> medical benefits, retirement, paid holidays and vacation because some
> liberal union members fought and died for these working standards.

This is partly true, it is also true that American industry did
so well that it could afford to pay its workers so well.

Of course, of late many jobs are losing said benefits by outsourcing.

The Bell System (when it existed) provided its people with good
benefits.  But that has been replaced by other telephone companies who
have no unions whatsoever and pay their employees far, far less.
Other telecom work has been "outsourced" to people who have no job
security or benefits.
 
> It's noon, Mr. Conservative needs to make a Bank Deposit so he can pay
> some bills. His deposit is federally insured by the FSLIC because some
> liberal wanted to protect people's money from unscrupulous bankers who
> ruined the banking system before the depression.

Not too long ago unscrupulous and incompetent bankers looted the
Savings & Loan system.  We taxpayers paid for the bailout.  How many
of those bankers ended up in jail as a result?  Where was the public
outrage?  It was only a whisper because this was an accounting
problem, and social activists don't want to work with numbers.
 
> He is happy to see his dad who is now retired. His dad lives on Social
> Security and his union pension because some liberal made sure he could
> take care of himself so Mr. Conservative wouldn't have to.

The Social Security system will be broke in a few years -- they
are telling the public that.  As the baby boomers retire there
won't be enough workers to pay for them.  Social Security has
had lots of programs added on to the core program over the years
and some have them are unnecessary, paying nice benefits to people
who really don't need them but are entitled by the law.

> We don't need those big government liberals ruining our lives;
> after all, we are self made and believe that everyone should take care
> of themselves, just like we have.

It is a fact that one outgrowth of liberalism is big govt.  In the
1960s, tons of Great Society and Model Cities money flowed into
cities.  The cities didn't get any better, indeed, they got worse.
That money created bureacracies staffed by the suburban middle class.
Great opportunity for those people and business (lots of well paid
consultants), but didn't help the poor or the cities.  The factories
still left, the middle class still left.  I grew up in a big city and
saw this first hand.

Now society is spending millions of dollars to build new utility
infrastructure in the suburbs and far-out suburbs.

I wonder how many inner-city telephone customers have the same choices
of competing carriers as does subscribers in nice suburbs?  I wonder
how many inner city houses will get the opportunity to be wired direct
with fibre-optic?

------------------------------

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End of TELECOM Digest V23 #473

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