Government Intervention in On-line Privacy Issue Likely

Users to have select rights about when and how data is collected

With growing reports of data harvesting from people’s accounts with and without permission coming out in a constant stream, and many major on-line players only paying lip service to the idea of individual privacy it now looks like state and Federal Governments will intervene to differing degrees.

Google will be changing privacy rules March 1.

From California to Federal level efforts are now being made to rein in the app developers and afford a level of privacy, or at least provide upfront information about information sharing policies prior to purchase and installation.

On the Federal level the Obama administration has proposed Consumer Privacy Bill of Rights, a seven point proposal that will seek to dramatically increase the privacy of users of the Internet that seeks to protect Americans’ privacy as they use the internet.

The core of the Bill of Rights has seven points:
INDIVIDUAL CONTROL: Consumers have a right to exercise control over what personal data companies collect from them and how they use it.
TRANSPARENCY: Consumers have a right to easily understandable and accessible information about privacy and security practices.
RESPECT FOR CONTEXT: Consumers have a right to expect that companies will collect, use, and disclose personal data in ways that are consistent with the context in which consumers provide the data.
SECURITY: Consumers have a right to secure and responsible handling of personal data.
ACCESS AND ACCURACY: Consumers have a right to access and correct personal data in usable formats, in a manner that is appropriate to the sensitivity of the data and the risk of adverse consequences to consumers if the data is inaccurate.
FOCUSED COLLECTION: Consumers have a right to reasonable limits on the personal data that companies collect and retain
ACCOUNTABILITY: Consumers have a right to have personal data handled by companies with appropriate measures in place to assure they adhere to the Consumer Privacy Bill of Rights.

While this is only a guideline it is being proposed as a regulation that would be administered by the Federal Trade Commission after details of each of these is worked out. The White House has said that it will be working with industry groups and web app developers and publishers on this issue.

In at least one case a state is simply enforcing privacy standards that are on its books. In California the State Attorney General Kamala Harris has announced a deal with the state’s six largest mobile web app providers.

The companies, Apple, Google, Hewlett-Packard, Microsoft, Research-in-Motion and Amazon, which according to Harris account for 95% of all mobile apps distributed worldwide, must now adhere to the California Online Privacy Protection Act that was passed in 2004.

Under the agreement, the companies will place prominent and easy to understand privacy disclosures before a user downloads an app. The push will cover both app developers as well as the larger players such as Apple that distribute the apps.

A lot of players have a vested interest in this. Google and Facebook are massive data harvesters and in a number of ways they will remain unaffected. However Google’s recent move to change its privacy policies looks like one of the many events that have helped quickly push this to the forefront.

Another issue was the discovery that a number of apps were downloading users’ cell phone contacts and address books without clearly letting the user know that they were losing that information.

Motorola/Google Deal Gets OK-With a Warning

The deal gets approval but EU said it is watching

As expected both the EU and the United States Department of Justice have given Google’s $12.5 billion purchase of Motorola Mobility the go-ahead. At the same time the US approved the purchase of Nortel wireless patents by an Apple-Microsoft led consortium.

From the outside it looks like this sets up a battle royal in the patent space as both now are armed with a host of additional patents and the players on both sides have shown a very ready willingness to go to court to enforce them.

Apple has been strongly going after a number of Android smartphone developers, in particular Samsung, HTC and Motorola. Motorola has been returning fire at Apple, with Google’s approval, while https://www.microsoft.com/Presspass/press/2012/jan12/01-12LGPR.mspx has been quietly but efficiently getting developers’ to pay it for select patents.

However hopefully we will not see a yearlong battle in this space, something that could temporarily blunt the strong growth of smartphones and tablets. No one wants what happened in the last years of dial up modems when conflicting technologies made for incompatibility.

According to a careful analysis of the agreements published in Foss Patents, Florian Mueller said that the approvals are not without caveats. The EU said specifically that it will be looking at future and past enforcement of patents by Google and that it is ready, willing, and able to step in if it believes they are being abused.

He said that the end result of these deals will be business as usual, which currently means a series of lawsuits working their way through court. At the same time he notes that just because no action has been taken to date does not mean that none is forthcoming.

From the European Commission’s press release announcing approval is this important paragraph. “Today’s decision does not mean that the merger clearance blesses all actions by Motorola in the past or all future action by Google with regard to the use of these standard essential patents. Our decision today is without prejudice to the legality under EU antitrust law of Motorola’s past and Google’s future actions. However, the question whether Motorola’s or Google’s conduct is compliant with EU antitrust law cannot be dealt with in the context of the merger procedure.”

So while it may be business as usual in the short run, the court cases could result in the addition of another player, and one that has a lot more clout than any of the individual players involved, or all of the players for that matter.

Friday Grab Bag: Microsoft talks Windows 8 Tablet

The top Windows exec at Microsoft, Steve Sinofsky, has published a huge blog entry that details Microsoft’s plans for Windows 8 on low-powered platforms driven by processors built around the ARM processor technology.

Since that is the primary chip technology driving most tablets, this blog entry shows how the company sees the space and what it believes it can bring to the market that its rivals cannot, or are not doing well.

A few of the key talking points are that versions of Windows for ARM platforms will carry a Windows for ARM branding; there will be a special version of Office for this platform and there will be a major effort to have the hardware and software tightly integrated, much like Apple does with the various iOS products.

Phoenix Suns latest to grab tablets as in-game tool
If you happen to watch closely the next time you are viewing a Phoenix Suns game expect to see branded products from Samsung and Verizon Wireless on the sidelines in place of the old school chalkboards.

The team has signed a deal that will provide the players, scouts and coaches with Samsung Galaxy 10.1 Tab tablets and Verizon 4G wireless service. The team plans to use them for a winde variety of tasks including in-game play calling by head coach Alvin Gentry.

While the NFL and Major League Baseball have been very aggressive in developing and deploying tablets as part of a training regime the NBA has lagged behind. This is probably going to be watched very closely and probably imitated by a number of other teams in the off season.

Asus admits bug in Transformer Prime
Asus has released a firmware update that will fix the random boot problem that has plagued some but not all owners of its Eee Pad Transformer Prime Tablets. The move comes after a flow of negative comments on line and at least one retailer, UK’s Clove to cease selling the product.

The tablet has had several flaws since it was debuted last year including simple lack of product available and a GPS accuracy issue. In the past the company has denied that there was a reboot issue but has now finally admitted it.

Patent Wars
Apple continues to battle and seems to be losing ground at a slow and steady rate. Its latest setback was a German court ruling that Samsung Galaxy Tab 10.1, called the Galaxy Tab10.1N in the German market does not appear to be a copycat version of the iPad.

Apple had won an initial ruling preventing Samsung from selling n the German market last September and the 10.1N is a work around that has been found acceptable by the court, reopening the market to the Apple rival.

Apple has been particularly aggressive pursuing Samsung in both the iPad but also iPhone space claiming that it carefully copied its devices. So far its success has been lackluster in courts but that does not seem to have changed Apple’s determined drive in the patent space.

Google’s bid for Motorola Mobility likely to be approved next week
Multiple sources are reporting that the $12.5 billion purchase of Motorola Mobility by Google will get antitrust approval from the United States Justice Department sometime next week. Among other assets that Google will acquire is a patent portfolio that is 17,000 strong in the mobile phone area.

This patent portfolio is likely to be used for both offensive and defensive purposes by the company. It is aggressively seeking huge payments from Apple over all iPhone and other iOS devices, but will likely also be used to simply be leverage in cross patent licensing agreements.

At the same time the Justice Department is likely to approve of the purchase of Nortel by a consortium of Apple, Microsoft Sony, Research in Motion, EMC, and Ericsson AB. This deal will include 6,000 wireless patents.

Mobile Sports Report TechWatch: Smartphones Outsell PCs, Tablets

There was a battle of opinions last week between Symantec and Lookout Security in regards to a bit of code that is attached to a select number of apps as to if it was malware or not. Symantec said that the code, called Android.Counterclink was malicious software and warned users off a number of apps that contained the offending code.

Meanwhile a rebuke came from Lookout Security which said that it was simply an aggressive pierce of adware and that while it could be annoying, was not really bad enough to be termed malware.

Well apparently Symantec has come over to its rival’s side of thinking and agreed that its original diagnosis was incorrect and that the code in question is just annoying. In case you are wondering what Google is doing about malware go over to iTWire to see.

Smartphones outsell PCs
According to market research firm Canalys, smartphone sales in 2011 outpaced that of all PCs. It showed that there was 487.7 million smartphones sold in the year compared to 414.6 million PCs of all stripes from desktops to tablets.

The pace of sales for smartphones appears to be increasing with 158.8 million sold in the 4th quarter of 2011, a 57% increase over the 101.2 million sold the same quarter a year before. Contrast that with PC sales that grew 15% for the year, in part buoyed by a 274% increase in tablet sales.

Of course comparing sales in a mature market to sales in a emerging one is comparing apples to oranges but it is interesting to see how mobile computing, both smartphones and tablets are soaring.

Apple sees the light on iBook licenses
Apple has reversed its position regarding who owns the rights to text books that are written for ts iBook textbook effort. The company has changed the End User License Agreement so that it no longer reflects a claim that Apple owns the rights to works developed with iBook Author software.

As reported by SlashGear the new EULA states that books developed using the .ibooks format may only be distributed by Apple but that they can be distributed in other formats by the author.

Windows 8 details leaked
A leaked video is showing a great deal of the details that customers and developers can expect with the forthcoming Windows Phone 8 released according to any number of sites. Shown first at PocketNow.com the video was reportedly made for Microsoft partner Nokia, a company that has been an aggressive partner in the phone space.

Included in the release, which it said was code-named Apollo, are support for multicore processors, a total of four screen resolution options for developers, and a removable microSD card for additional storage.

With digital payments from mobile devices becoming increasingly important Microsoft looks to be positioning the phones to be a prime platform for what it calls the ‘wallet experience’ and the OS will allow carriers to brand and control the payment features. Drop over to see what else was discovered about the forthcoming phone. Also head out to Wired to see how Android, iOS and Windows 8 compare and contrast.

The Apple/Motorola patent battle continues to range in Germany.
Motorola managed to get some Apple products banned in Germany, but Apple has countered and won a suspension from an appeals court at the last minute. Apple is claiming that Motorola is not playing fair “Motorola repeatedly refuses to license this patent to Apple on reasonable terms, despite having declared it an industry standard patent seven years ago.”

According to Foss Patents, Motorola is asking for 2.25% of Apple’s sales in return for the license, which it is presumed would cover a range of Motorola patents and not just the one in question. However Apple is countering that it has a license due to its cross licensing agreement with Qualcomm, who in turn has one with Motorola.

This sound a lot like the licensing issues that Intel and Advanced Micro Devices fought over more than a decade ago. That battle was estimated to have cost more than $1 billion to the players involved and was settled with a cross licensing agreement.

Mobile football in the offseason
Now that the Super Bowl is done and finished and it is some time prior to the NFL deraft there are still a few options for the sports fans. An example is this promo that started Super Bowl Sunday and not clear when it will end-EA Sports slashes price of Madden 12 for Android to 99 cents, down from $4.99 for a limited time.

However there are a range of additional options for playing games on a smartphone and luckily for you Cnet has gone to the trouble and created a list for Android and iOS users. Sorry no listings for BlackBerry.

Friday Grab Bag: Bud is Back!

Selig has two year extension in the works-I assume it is guaranteed

The Good people at HardballTalk, among others, are reporting that MLB Commissioner Allan “Bud” Selig will sign a two year extension to remain at the helm of the sports. The deal is expected to be announced at the owners meeting taking place in Az. this week.

It comes as no surprise that he is staying there, who wants to give up an $18.4 million annual salary. I imagine he will dedicate the next two years to keeping players salaries down. Did anyone really think that he planned to retire?

Microsoft notches another win in its patent push
Microsoft and LG Electronics have signed a broad cross patent licensing agreement that gives LG coverage for Microsoft patents for LG’s lineup of devices that run Android or Chrome operating systems.

Included will be LG’s phones, tablets as well as other current and emerging consumer electronic devices. This is the 11th company that has entered into this type of licensing agreement with Microsoft and others include Samsung, Acer and HTC.

Apple gets egg on face, store after iPhone cancellation
After an abrupt announcement that the store would not be selling Apple’s iPhone 4S on the first day of availability in Beijing, the large crowd that had formed outside one of Apple’s stores in China became unruly and started throwing eggs at the building.

According to a piece at IDG a crowd had formed prior to the store opening and when an employee announced that there would be no phones available that day and gave no reason why.

Rams sign Fisher- Dolphins feel used
The St. Louis Rams have signed Jeff Fisher as its next head coach, according to ESPN and other sources. Details have not been released but I think it will be very interesting to see what he managed to squeeze out of them.

This has apparently irritated the owner of the Miami Dolphins, the other major suitor for his services. He had seemed to vacillating between the two and it seems Miami now was just using it for leverage in St. Louis.

I guess that the team learned nothing from its pursuit of Jim Harbaugh last year. Not only did it jack up what Harbaugh earn as a 1st time NFL head coach, Miami then had to salve its current head coach’s feelings.

I cannot wait until Miami goes on a search again- I suspect they will now massively overpay one of the former head coach/announcers out there like Gruden.

3D for Apple iOS
According to Mac Daily News Apple has filed for a patent that shows it will be developing a 3D GUI for its iOS-based mobile products. Apparently this is just one of several 3D products that are/were nder development at the company Will I be able to interface with my phone like they in “Minority Report”?

Mizco delivers cross platform USB charger for phones, tablets
Mizco International has delivered a cross platform charger that it claims will handle a wide range of smartphones and tablets, something that could make traveling with multiple devices significantly easier in the future.

Called the Cross-Brand Tablet and Smartphone Charger it is from the company’s Digipower division and is designed to support USB charging for products from all of the major manufacturers.

The $29.99 charger has a featured called a SmartSwitch that can be set in one of three positions and is capable of optimally charge USB-powered tablets from major manufacturers such as Apple, Samsung, HTC and BlackBerry as well as USB-powered Smartphones.

Mobile Sports Report TechWatch: Barnes & Noble Enhances Nook Color

OnLine’s new apps mean Tablets can be gaming consoles
Cloud gaming developer OnLive has developed a set of apps that bring console gaming to tablet and mobile (i.e smartphones) platforms. The company said that this will open up top ranked, high performance games that were once only available on consoles to a market that is at least 500 million strong.

The Universal OnLive Wireless Controller enable a player to use a Wi-Fi network to play a program that is stored in the cloud and streamed live to the tablet, phone, PC or Mac. A user must own the program and once purchased it can be used on any device.

OnLive currently has a stable of 25 games that have been adapted to work with touch screen devices including L.A. Noire, Batman: Arkham City, Assassin’s Creed: Revelations and Lord of the Rings: War in the North, and Defense Grid Gold. The Universal OnLive Wireless Controller uses technology that the company is expected to be available soon for a list price of $49.99.

Barnes & Noble enhances Nook software
Barnes & Noble has released a software upgrade for its Nook Color, a move that brings the low cost device closer in features and capabilities to its more expensive Nook Tablet as well as rivals from other developers.

Among the new found features is access to Barnes & Noble’s huge Marvel graphic novel collection via Nook Comic, streaming movies and TV shows via Netflix as well as the Flixster app for on-the-go access to digital streaming media.

In all the company said that it added 100 enhancements that ranged from increased font size to the ability to read books in either landscape or portrait mode. Head over to Cnet for a fuller listing of features as well as some issues with the product.

Microsoft to offer Open Source Apps for Windows 8
ExtreameTech has reported that the advocates for Open Source software have won an unexpected ally with the announcement that Microsoft will allow open source apps at its Windows 8 app store.

Microsoft has long been a foe of the open source movement, but entering the app space much later than rivals Apple and the Android lineup it needs a boost and it appears it is taking a chance that one of its rivals is willing to take.

While Apple prohibits open source apps for its iOS in its store Microsoft has stated that it will allow apps developed under a license from the Open Source Initiative and that the OSI license will trump the Microsoft Standard Application License Terms that have tough sharing provisions.

The lack of open source apps has not seemed to hurt Apple yet as it just reported that it just had its 100 millionth app downloaded from its Mac App Store.

The Patent wars heat up
Motorola won an important ruling in German courts last week that could shackle Apple and force the company to pay out royalties and make changes to its technology. The court ruled that Apple has failed to license one of Motorola Mobility’s patent technologies.

Motorola could seek an injunction preventing Apple from selling products that contain the technology in dispute, which basically means no iPhone or iPad sales in Germany if granted. Apple said that t will appeal the ruling.
If Motorola wishes to have a sales injunction enforced against Apple it will need to post a $133 million bond to cover costs in case Apple later prevails in court. Motorola has licensed the technology in question to others but wanted to charge Apple at a higher rate.

Looking for an Android to call your own?
Not exactly what Harrison Ford was in a search and destroy mode in “Blade Runner”, but not like any phone you have used before, a strange new communications technology is emerging from the Advanced Telecommunications Research Institute International (ATR) .

Called the Elfoid P1, it is a prototype tele-operated android that will, in the future, mimic motion and appearance of that of the users, hopefully conveying a more human sense to phone conversations.

Sadly it is not a machine that you can send to work in your place but rather a pint sized device that stands in as a phone and resembles, well here is a photo you can decide for yourself what it resembles. Not sure I would want to whip one of these out of my pocket at a business meeting to update my calendar.

CES
If you have an interesting product or app showing at next month’s Consumer Electronics Show that you think we might be interested in drop us a line.