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New Broadband Ecosystem – With Content Protection – Offers Better Future for Entertainment Industry

WASHINGTON, October 8 – The “broadband ecosystem” of the future needs strong legal, technological and cultural efforts to protect American intellectual property, a group of entertainment and technology executives said Wednesday at the U.S. Chamber of Commerce’s Fifth Intellectual Property Summit.

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WASHINGTON, October 8 – The “broadband ecosystem” of the future needs strong legal, technological and cultural efforts to protect American intellectual property, a group of entertainment and technology executives said Wednesday at the U.S. Chamber of Commerce’s Fifth Intellectual Property Summit.

Although the panelists also spoke about the importance of preserving users’ right to make “fair use” of copyrighted material, they emphasized the importance of technological protection measures.

“We know the story” on the history of the music industry, said Mark McKinnon of Arts+Labs, a coalition of technology and entertainment companies that develops content delivery and protection systems.

McKinnon compared the music industry’s negative experience with Napster file-sharing service with the success of commercial video sharing site Hulu. McKinnon said Hulu accounts for 90% of commercial television being viewed online. “The models are finally being figured out.” In the future, consumers would respond positively to online content that is affordable, legal, and safe, said McKinnon.

There is “no question” that old business models need to change in a networked world, said Rick Cotton, executive vice president and general counsel for NBC Universal. Embracing digital distribution will “drive the future,” Cotton said. “It’s what consumers want.”

New content protection technology brings the promise of a “mature model” of internet distribution that avoids “the dark side” of peer-to-peer technology, said Cotton. The broadband ecosystem envisioned by Cotton would somehow tell people that they can access programming as they please, but also send a message that stealing is not acceptable. Such an ecosystem must be built cooperatively, balancing ease of access, consumer desires and a choice of ad-based or fee-based models.

Putting content-style restrictions on technology can be an “enormously powerful teacher” that can teach people on a “speed bump basis,” Cotton said. Without such technological measures, Cotton said, young people could grow up believing that “if [downloading pirated content] is easy, it can’t be wrong.”

Referring to the success of Hulu and NBC’s Olympic video streaming, Cotton said that a broadband-based model would be successful if there are clear “rules of the road,” and as long as consumers could easily access legal content.

Content protection has a critical role to play in the future, said Rick Lane, senior vice president of government affairs at News Corporation. Protection mechanisms have to allow some control for content owners, while leaving room for new and innovative business models, he said. Without content protection mechanisms, Lane predicted that online content would be reduced to the model of a DVD purchase.

More consumer education would cut down on “Net Pollution,” McKinnon said, suggesting educational campaigns to link pirated content with malware and viruses.

The ecosystem would have some room for fair use, Cotton said. Content protection is not about facilitating mashups, he emphasized. Rather, technological restrictions must focus on whole episodes, skits, and movies, he said.

“Fair use should not be a code word for doing nothing,” Cotton proclaimed, adding that technology should send cues about what is right.

Lane and McKinnon agreed that consumer convenience is paramount in any content protection scheme and should be “seamless,” Lane said. McKinnon predicted that with the rise of broadband and good content protection, it would not be long before “DVD’s are like 8-tracks.”

Fair use is not incompatible with content protection, Lane said. Content protection technology is a “key component” of the future broadband economy, and mechanisms could be devised to protect fair use as well as copyrights. Lane cited News Corp.’s MySpace Music as an example. He said that MySpace had received “zero complaints” about its content protections restricting fair use.

Lane said the idea that News Corporation is against fair use was “ridiculous.” Cotton said that fair use and privacy are too often used as “scare tactics,” and said people need to “get past the name calling” when it comes to examining content protection mechanisms. “Trying to create fear doesn’t help the dialogue,” he said.

Cotton said later in an interview that improving technology will make piracy more difficult, but consumer rights and fair use will be protected with “reasonable accommodations” built into copy protection technology. The “vast majority of people” will be satisfied by such accommodations, while fulfilling the goal of cleaning up the “wild west” of today’s internet, he said.

In an interview, David Sohn of the Center for Democracy and Technology took issue with Cotton’s characterization of fair use as a “code word” for anything. Content protection systems can’t distinguish fair use from copyright infringement, Sohn said. Instead, he called fair use an “important policy consideration” that is not only enshrined in law, but is also a “safety valve” so that copyright law doesn’t violate the First Amendment.

Sohn said he hoped the future will include a “broad range” of options available to consumers. Such options should be in response to consumer demand for content models that meet their needs. Market pressures simply won’t allow content to be completely locked down, he said.

Broadband Breakfast Club Forum on the Digital Millennium Copyright Act:

Editor’s Note: Don’t miss “10 Years Under the Digital Millennium Copyright Act – Success or Failure?”, on Tuesday, October 14, from 8 a.m. to 10 a.m. at Old Ebbitt Grill, 675 15th Street NW, Washington.

This event, the kick-off event in the monthly “Broadband Breakfast Club” hosted by BroadbandCensus.com, is designed to bring several key stakeholders together to share perspectives on this topic:

  • Drew Clark, Executive Director, BroadbandCensus.com (Moderator)
  • Mitch Glazier, Senior Vice President, Government Relations, Recording Industry Association of America
  • Michael Petricone, Senior Vice President, Government Affairs, Consumer Electronics Association
  • Wendy Seltzer, Practitioner in Residence, Glushko-Samuelson Intellectual Property Law Clinic, American University Washington College of Law
  • Emery Simon, Counselor, Business Software Alliance

Breakfast for registrants will be available beginning at 8:00 a.m., and the forum itself will begin at around 8:30 a.m., and conclude promptly at 10 a.m. Seated attendance is limited to the first 45 individuals to register for the event. For more information, visit http://broadbandbreakfast.eventbrite.com

Andrew Feinberg was the White House Correspondent and Managing Editor for Breakfast Media. He rejoined BroadbandBreakfast.com in late 2016 after working as a staff writer at The Hill and as a freelance writer. He worked at BroadbandBreakfast.com from its founding in 2008 to 2010, first as a Reporter and then as Deputy Editor. He also covered the White House for Russia's Sputnik News from the beginning of the Trump Administration until he was let go for refusing to use White House press briefings to promote conspiracy theories, and later documented the experience in a story which set off a chain of events leading to Sputnik being forced to register under the Foreign Agents Registration Act. Andrew's work has appeared in such publications as The Hill, Politico, Communications Daily, Washington Internet Daily, Washington Business Journal, The Sentinel Newspapers, FastCompany.TV, Mashable, and Silicon Angle.

Public Safety

Lack of People Opting Into Emergency Alerts Poses Problems for Natural Disaster Scenarios

Disaster protocol experts remarked on lessons learned from fire outbreaks in Boulder County, Colorado.

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Photo of Lori Adams of Nokia discussing emergency communications response to Colorado wildfires at Mountain Connect by Drew Clark

KEYSTONE, Colorado, May 26, 2022 – A lack of people opting into local emergency alerts poses a severe challenge for public officials during natural disasters, a panel of experts said Tuesday.

The panel remarked on just how significant the number of people not subscribed to emergency alerts is during a panel on disaster preparedness at the annual Mountain Connect conference.

In Boulder, getting emergency alerts is on an opt-in basis, whereas in other areas, it is opt-in by default.

The specific focus of the panel was on lessons learned from the outbreak of fires in Boulder County, Colorado this past December.

Fires presented challenges for providers

Several challenges of managing a response to the fires were recounted.

Blake Nelson, Comcast’s senior director of construction, stated that some of his company’s underground broadband infrastructure buried at a considerable depth was still melted from the heat of the fires to cause service outages for customers. Thomas Tyler, no stranger to disaster response as Louisiana’s deputy director for broadband and connectivity through several hurricane responses, pointed out that it is quite possible local officials may be skilled in responding to one type of disaster such as a hurricane but not another like a tornado.

Screenshot of Blake Nelson, Jon Saunders, Wesley Wright and Thomas Tyler (left to right)

The panel also spoke to the challenges of coordination between essential companies and agencies if people do not have personal relationships with those who work at such entities other than their own.

Successful emergency responses to service outages during disaster serve as models for the future, with Nelson stating the internet provider opened up its wireless hotspots to temporarily increase service access and Tyler saying that standing up Starlink satellite internet access helped bring broadband to Louisiana communities only accessible by bridge or boat during their periods of disaster.

Conversation moderator Lori Adams, senior director of broadband policy and funding strategy at Nokia, suggested keeping town servers not in municipal buildings but rather off site and Wesley Wright, partner at law firm Keller and Heckman, recommended the Federal Communications Commission’s practice of developing strong backup options for monitoring service outages.

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Education

Education Executives Tout Artificial Intelligence Benefits for Classroom Learning

Artificial intelligence can help fill in gaps when teacher resources are limited, an event heard.

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Screenshot of the Information Technology and Innovation Foundation event

WASHINGTON, May 25, 2022 – Artificial intelligence can help fill in gaps when teacher resources are limited and provide extra help for students who need individualized teaching, experts said at an event hosted by the Information Technology and Innovation Foundation on Tuesday.

As policy makers weigh the options for a structure for AI in the classroom, panelists agreed on its benefits for both teachers and students. Michelle Zhou, CEO of AI company Juji Inc., said AI technology in the classroom can be tools and applications like chatbots for real-time questions during class, and post-class questions at home for when the teacher is not available.

Lynda Martin, director of learning strategy for strategic solutions at learning company McGraw Hill, said AI provides the extra help students need, but sometimes are too shy to ask.

When a teacher has a high volume of students, it is difficult to effectively help and connect with each student individually, Martin said. AI gives the teacher crucial information to get to know the student on a more personal level as it transmits the student’s misconceptions and detects areas of need. AI can bring student concerns to the teacher and foster “individualized attention” she added.

Privacy and security concerns

Jeremy Roschelle from Digital Promise, an education non-profit, raise the privacy and security concerns in his cautious support of the idea. He noted that there needs to be more information about who has access to the data and what kinds of data should be used.

Beside bias and ethical issues that AI could pose, Roschelle cautioned about the potential harms AI could present, including misdetecting a child’s behavior, resulting in potential educational setbacks.

To utilize the technology and ensure education outcomes, Sharad Sundararajan, co-founder of learning company Merlyn Minds, touched on the need for AI training. As Merlyn Minds provides digital assistant technology to educators, he noted the company’s focus on training teachers and students on various forms of AI tech to enhance user experience.

There is an “appetite” from schools that are calling for this, said Sundararajan. As policy makers contemplate a strategic vision for AI in the classroom, he added that AI adoption in the classroom around the country will require algorithmic work, company partnerships, and government efforts for the best AI success.

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Education

Closing Digital Divide for Students Requires Community Involvement, Workforce Training, Event Hears

Barriers to closing the divide including awareness of programs, resources and increasing digital literacy.

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Screenshot of Ji Soo Song, broadband advisor at the U.S. Department of Education

WASHINGTON, May 24, 2022 – Experts in education technology said Monday that to close the digital divide for students, the nation must eliminate barriers at the community level, including raising awareness of programs and resources and increasing digital literacy.

“We are hearing from schools and district leaders that it’s not enough to make just broadband available and affordable, although those are critical steps,” said Ji Soo Song, broadband advisor at the U.S. Department of Education, said at an event hosted by trade group SIIA, formerly known as the Software and Information Industry Association. “We also have to make sure that we’re solving for the human barriers that often inhibit adoption.”

Song highlighted four “initial barriers” that students are facing. First, a lack of awareness and understanding of programs and resources. Second, signing up for programs is often confusing regarding eligibility requirements, application status, and installment. Third, there may be a lack of trust between communities and services. Fourth, a lack of digital literacy among students can prevent them from succeeding.

Song said he believes that with the Infrastructure, Investment and Jobs Act, states have an “incredible opportunity to address adoption barriers.”

Workforce shortages still a problem, but funding may help

Rosemary Lahasky, senior director for government affairs at Cengage, a maker of educational content, added that current data suggests that 16 million students lack access to a broadband connection. While this disparity in American homes remained, tech job posts nearly doubled in 2021, but the average number of applicants shrunk by 25 percent.

But panelists said they are hopeful that funding will address these shortages. “Almost every single agency that received funding…received either direct funding for workforce training or were given the flexibility to spend some of their money on workforce training,” said Lahasky of the IIJA, which carves out funding for workforce training.

This money is also, according to Lahasky, funding apprenticeship programs, which have been recommended by many as a solution to workforce shortages.

Student connectivity has been a long-held concern following the COVID-19 pandemic. Students themselves are stepping up to fight against the digital inequity in their schools as technology becomes increasingly essential for success. Texas students organized a panel to discuss internet access in education just last year.

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