Cybertelecom Federal Internet Law & Policy An Educational Project

California

Cybercrime

CAL. PENAL CODE § 502 (c) Except as provided in subdivision (h), any person who commits any of the following acts is guilty of a public offense:

(1) Knowingly accesses and without permission alters, damages, deletes, destroys, or otherwise uses any data, computer, computer system, or computer network in order to either (A) devise or execute any scheme or artifice to defraud, deceive, or extort, or (B) wrongfully control or obtain money, property, or data.

(2) Knowingly accesses and without permission takes, copies, or makes use of any data from a computer, computer system, or computer network, or takes or copies any supporting documentation, whether existing or residing internal or external to a computer, computer system, or computer network.

(3) Knowingly and without permission uses or causes to be used computer services.

(4) Knowingly accesses and without permission adds, alters, damages, deletes, or destroys any data, computer software, or computer programs which reside or exist internal or external to a computer, computer system, or computer network.

(5) Knowingly and without permission disrupts or causes the disruption of computer services or denies or causes the denial of computer services to an authorized user of a computer, computer system, or computer network.

(6) Knowingly and without permission provides or assists in providing a means of accessing a computer, computer system, or computer network in violation of this section.

(7) Knowingly and without permission accesses or causes to be accessed any computer, computer system, or computer network. (emphasis added)

(8) Knowingly introduces any computer contaminant into any computer, computer system, or computer network.

(9) Knowingly and without permission uses the Internet domain name of another individual, corporation, or entity in connection with the sending of one or more electronic mail messages, and thereby damages or causes damage to a computer, computer system, or computer network.

ECPA :: Cell Phone Location Information

police need a warrant to obtain telephone records. See People v. Blair, 25 Cal. 3d 640, 654-55 (1979); see also People v. Chapman, 36 Cal. 3d 98, 107 (1984) ("This court held [in Blair] that under the California Constitution, [telephone] records are protected from warrantless disclosure."), disapproved of on other grounds by People v. Palmer, 24 Cal. 4th 856 (2001).

Identity Theft

•  Price v. Starbucks Corp., 192 Cal. App. 4th 1136, 1143 (Cal. Ct. App. 2011)
• a delay in notification is not a cognizable injury

Broadband

• California Broadband Task Force, The State Of Connectivity: Building Innovation Through Broadband

Municipal Broadband

• Anaheim : Earthlink provider of Wifi : - Mr. Donald Berryman Earthlink, State and Local Issues and Municipal Networks Senate Commerce Committee February 14 2006
• Anaheim City Council to Consider Citywide WI-FI Agreement with Earthlink Press Release Oct 20, 2005 20-year franchise agreement with EarthLink, Inc.
• Anaheim Will Have Southern California's Largest Municipal Wi-Fi Network Earthlink Press Release Oct. 26, 2005
• EarthLink wins second muni Wi-Fi contract, Telephony's Wireless Review Oct 26, 2005 (" Like the Philadelphia contract EarthLink will both build the 50-square-mile Wi-Fi mesh footprint and act as the primary ISP. EarthLink will first build a two-square-mile proof-of-concept network in the city for testing and analysis. The remainder of the network will be completed by the end of 2006.")
• Cerritos | Wifi | 50k pop | 8.6 sq mi | Almesh ISP | $40/month |
• Connected & on the Go; Broadband Goes Wireless, Report of the FCC Wireless Broadband Access Task Force, p. 33 Feb. 2005: "Similarly, the city of Cerritos, California entered into a joint venture in order to provide wireless broadband services. This city, in spite of its proximity to Los Angeles, did not have either cable modem or DSL service available for many of its residents. Cerritos city leaders had received many complaints about the lack of such services, and they realized that this was an important issue for economic development and quality of life. The city approached Aiirnet Wireless, a WISP, and proposed to grant access to city-owned facilities for the deployment of access points. As an added incentive, the city committed to become a customer of Aiirnet, ensuring that sufficient demand would exist to justify the costs of deployment.100 By using standard 802.11b technology, broadband service is available to anyone within the city limits. Users now have free access to city web sites (e.g., city services, tourist information, etc.) and for around $40 per month receive full access to the Internet."
• Corona
• Wi-Fi comes to Corona citywide, Press Enterprise 8/11/2006
• Cupertino :: Wifi :: Metrofi :: Free ::
• Fullerton, California unwired, muni 1/7/2005
• Hemosa Beach | Free Wifi | Pop 18,5000 | City owned network, private ISP in charge of operations. Bar, p. 115 2006
• Loma Linda | Loma Linda Connected Community Program | Fiber |
• James Hetrick, City Director of Information Systems, Digital City Expo, April 2006
• 8 sq miles. 20 k pop. Planned pop 40 k. Freeway 600,000 vehicles day. 40k visitors day.
• Implemented a fiber and structured wiring building code for all new homes and business developments.
• Partnership w Developers. City provides construction assistance - city provides builders a fiber design for their project. - city provides builders a scope of work, the bill of materials, list of approved contractors, conduct inspection. Builder pays for labor and materials ($3500 per unit). A fee of $10 data jack for inspection and certification. Builder gets 25 yr structure cabling warranty; 10 year ROW fiber warranty, co market the homes w the city; to market rare commodity in housing market.
• Resolution Dec. 2003. First live install Sept 2004. Resolution changed to ordinance Oct 2004. Design became a law in the muni code.
• 2 Cat 6 data cables in each living space. 1 coax cable in each room....
• Builder is required to install the fiber, deed it to the city, has no future liability w the fiber.
• City spent $2 mil to build one 5 mile fiber ring. Built 4 total fiber rings. Charge $30 / month per house to pay of fiber construction.
• Wireless - which takes fiber backbone. Drop in firetide mesh nodes and then drop aruba AP. Aruba has a great security threshhold. Drop on collector points for water meter reading system - cover about 1 mile sq of flat terrain. Then drop in security cameras and traffic rights. Two hop rule - back on fiber wi 2 hops.
• Egov access to mesh network.
• Fiber - Infrastructure of future. It is infrastructure utility. Necessity for future communication competitiveness. create globally competitive community. Enahance quality of life.
• Uses - security camera, autimatic meter reading and data collection, traffic light coordination, red light cameras, secure transport of SCADA, remote sensing, medical environ, geological, commercial utilities; remote education, remote business. Telecommuting, video conference, distributed computering, video on demand, gaming.
• four 10 gig rings. 1 GBPS service non blocking option, IPv6, redendant design, active equipment, layer 3 devices at edge for flexibility and added security
• We are the provider today; we dont want to be the provider tomorrow. So we made higher tiered service more expensive to make room for private service provider to buy wholesale and set up business.
• 60% take rate.
• Residential going to 5 mbps plan.
• Access to Internet, NLR, CENIC, TDM.

Long Beach : Earthlink Service Provider Wifi : - Mr. Donald Berryman Earthlink, State and Local Issues and Municipal Networks Senate Commerce Committee February 14 2006. City owned network, private ISP in charge of operations. Bar, p. 115 2006

Long Beach Mulls Citywide WiFi - Five remaining candidates for contract, Broadband Reports 8/8/2006

Los Angeles

Los Angeles Citywide Wi-Fi - Largest network in terms of people served, Broadband Reports 2/15/2007

Mountain View

Google muni wifi

Google-Fi Coverage Map - Mountain View, California, Broadband Reports 7/21/2006

Napa

City of Napa and AT&T Announce Wi-Fi Agreement, MSN 2/23/2007

Palo Alto

Palo Alto Moves Forward With FTTH - Picks 180Connect for $41 million long-delayed build..., Broadband Reports 3/8/2007

Pleasanton

Pleasanton, Calif., rolls out Wi-Fi/public safety network, MuniWireless 5/22/2007

Sacramento :: WAZMetro :: Wifi

Sacramento Officially Marks "Unwiring" Tomorrow, GT 4/5/2006

Fee Vs. Free - Sacramento feels ad-driven Wi-Fi the future, Broadband Reports 6/21/2006

Operator scraps Sacramento Wi-Fi plan, Network World 6/9/2006

San Diego County Tribal Village | 12k sq mi | So California Tribal Chairman Assoc. | wifi |

San Francisco | TechConnect | Wireless | Google Earthlink SF |

EarthLink's role in San Francisco hangs in the balance, MuniWireless 8/8/2007

Two more EarthLink deployments on hold, MuniWireless 8/28/2007

Mayor Gavin Newsom on the SF Wi-Fi delay: "It's frustrating", MuniWireless 5/22/2007

ACLU wants more privacy protections in San Francisco, MuniWireless 2/9/2007

TechConnect RFP | Bids Due Feb 21, 2006

Earthlink Service Provider Wifi : - Mr. Donald Berryman Earthlink, State and Local Issues and Municipal Networks Senate Commerce Committee February 14 2006

Big Battle Brewing in SF over EarthLink-Google Wi-Fi, IP Democracy 1/19/2007

The Governator Tackles Broadband, Broadband Reports 10/30/2006

San Francisco Local Politics Derail Free WiFi Project, Davis Freeberg 10/20/2006

AT&T to build citywide Wi-Fi network in California, America's Network 10/20/2006

California City wants to own fibre network, InterGovWorld 10/3/2006

San Francisco to study city-owned Wi-Fi, Network World 9/26/2006

EarthLink, Google are Top Pick to Unwire San Francisco, Internet news 4/7/2006

San Francisco Pushes Forward with Municipal WiFi, Ecommerce Times 4/7/2006

San Francisco public utility approves muni broadband study, Muni 3/18/2005

Municipal Broadband: Sidestepping Information Roadblocks, Media Alliance nd (" This spring, Media Alliance and its allies succeeded in pressuring the City of San Francisco to launch its own $300,000 municipal broadband feasibility study. ")

San Mateo | Wifi Intranet for police

Santa Monica CityNet | Fiber

Christopher Mitchell, More Details from the Incredible Santa Monica City Net, MUNINETWORKS (Aug. 25, 2011)

Masha Zager, Santa Monica City Net: How to Grow a Network, BROADBAND PROPERTIES MAG., (May/June 2011,)

Rebecca Kheel, What Lies Beneath, SANTA MONICA DAILY PRESS (July 26, 2010)

Christopher Mitchell, Publicly Owned Fiber Connects Hollywood Studios, MUNINETWORKS (July 28, 2010),

Santa Clara :: Wifi :: Metrofi :: Free ::

Silicon Valley

Silicon Valley to Receive Free Wi-Fi, NYT 9/2/2006

Sunnyvale :: Wifi :: Metrofi :: Free ::

California General

Southern California power company mucking up citywide wireless network plans, Wireless Report 7/28/2006

Privacy

• California Online Privacy Protect Act
• Apps must have privacy policies if sold to California citizens
• Six major app stores will require privacy policies soon
• California Office of Privacy Protection

VoIP

• In the Matter of the Application of Time Warner Cable Information Services (California), LLC for a Certificate of Public Convenience and Necessity to Provide Facilities-Based and Resale Competitive Local, IntraLATA and InterLATA Voice Service, Application 03-12-031, Opinion (March 13, 2004)
• California regulators advance VoIP plans, CNET 2/12/2004
• Order instituting investigation on the Commission's own motion to determine the extent to which the public utility telephone service known as Voice over Internet Protocol should be exempted from regulatory requirements. Feb 11, 2004
• Press Release Feb 11, 2004 " The California Public Utilities Commission (PUC) today voted to investigate the extent to which Voice over Internet Protocol (VoIP) telephony should be subject to Commission regulation. The Commission seeks to apply the least amount of regulation needed to fulfill its responsibilities under state law to realize state-mandated policies and objectives on behalf of all California consumers, while simultaneously not impeding the rapid, continued development of VoIP."
• Feb 11 2004 Agenda
• Agenda Item 45  [3170]

I_________ - Order Instituting Investigation on Commission's own motion to determine the extent to which the public utility telephone service known as Voice over Internet Protocol  should be exempted from regulatory requirements.

Investigation on the appropriate regulatory framework for the provision of voice over internet protocol  service in California. Agenda 3127, Item 36 1/22/2004 (Kennedy)Resolution T-16816. Revises the Fiscal Year 2003/2004 Budget and Surcharge Rate for the Deaf and Disabled Telecommunications Program Adopted in Resolution T-16747, January 22, 2004

Given the substantial recent publicity given to VOIP and the economic advantages that users desire (lower cost communications), unless the FCC and CPUC are able to regulate such commerce, it seems more prudent to anticipate a reduction in billings rather than an increase. As the determination of a billing base is more of an art than science, we believe the Commission should carefully and immediately begin to monitor the billing base to ascertain the trend of data that is occurring.

CPUC VoIP Hearing Report (includes letter to Vonage)

TechNet CEO Statement on California PUC VoIP Hearing Nov 2003

California regulators ponder VoIP, CNET 11/17/2003

California PUC sent letters reportedly to 5 service providers demanding that "file an application with the Commission for authority to conduct business as a telecommunications utility no later than October 22, 2003."  The companies are VoicePulse, the others are Net2Phone, Packet8, SBC Communications and Vonage.

VoIP firms battle California regulators, CNET 10/27/2003

California to regulate VoIP providers CNET News.com  September 30, 2003

Big Shoe Drops: California Jumps on Regulation Bandwagon Voxilla.com Sept 30

Order Instituting Rulemaking on the Commission's Own Motion into the Service Quality Standards for All Telecommunications Carriers and Revisions to General Order 133-B, R. 02-12-004 Order Instituting Rulemaking p. 27-28 Cal PUC December 5, 2002

We have jurisdiction to apply our service quality rules to any intrastate telecommunications service, including any services using Internet Protocol (IP) telephony. Anticipating this emerging technology, we intend for the rules we adopt in this proceeding to apply to similar services regardless of the technology used to provide the service.

We seek comment on whether the measures and standards proposed for telecommunications services using traditional technologies are adequate and appropriate for application to services that use IP telephony. We seek comment on whether additional measures are needed for telecommunications services offered over an IP platform.

Trials and Market Deployments

In the Matter of the Application of Time Warner Cable Information Services (California), LLC for a Certificate of Public Convenience and Necessity to Provide Facilities-Based and Resale Competitive Local, IntraLATA and InterLATA Voice Service, Application 03-12-031, Opinion (Dec. 22, 2003).

TW has applied for approval for market deployment Cablecos Set Sights on VoIP, Xchange February 1, 2004

Cable Open Access

• GTE v. COX (filed SDCA 2000)
•  185 FSupp2d 1141 (SDCal Jan 29, 2002) (On defendants motion to dismiss, court deferred to FCC on primary jurisdiction doctrine on issue of whether cable Internet fell under title II common carrier obligations, and thus stayed this case.  Motion to dismiss denied).
• "On November 14, 2000, GTE.NET, L.L.C. d/b/a Verizon Internet Solutions and Verizon Select Services, Inc. filed suit against Cox in the District Court for the Southern District of California. Verizon alleged that Cox has violated various sections of the Communications Act of 1934 by allegedly refusing to provide Verizon with broadband telecommunications service and interconnection, among other things. On November 29, Verizon amended its Complaint to add CoxCom, Inc., a subsidiary of Cox, as an additional defendant. Verizon seeks various forms of relief, including injunctive relief and damages. Cox and CoxCom intend to defend vigorously the action and, on January 8, 2001 filed a Motion to Dismiss or in the Alternative to Stay on Primary Jurisdiction Grounds. Cox also filed a Motion to Dismiss for Lack of Personal Jurisdiction. Prior to filing its responses to the Motions, Verizon filed a Motion for Summary Judgment on Prayers for Declaratory and Injunctive Relief. The Court granted defendants' ex parte Motion for an order continuing the hearing on the Summary Judgment Motion pending a ruling on the jurisdictional motions. The court has indicated its intent to rule on the jurisdictional motions on the basis of the parties' submissions. An early case evaluation conference is scheduled for March 21, 2001. Cox intends to defend the remaining actions vigorously, though the outcome cannot be predicted at this time."  COX Annual Report 2000.
• Los Angeles
• L.A. Mayor Leads Lobby Against Open Access InternetNews 9/20/99
• LA Report on Cable Internet. (pdf)
• OpenNET Lobbies For Open Access in L.A. InternetNews June 22 1999
• Press Release OPENNET URGES LOS ANGELES TO REQUIRE COMPETITION IN HIGH-SPEED CABLE INTERNET June 21 1999
• San Francisco
• Consumer Federation Letter to San Francisco Board of Supervisors: (June 9, 2000)
• SAN FRANCISCO VOTES TO SUPPORT COMPETITION AND CONSUMER CHOICE IN HIGH-SPEED INTERNET ACCESS OVER THE CABLE NETWORK
• AT&T Just Loves San Francisco Industry Standard July 28
• S.F. Board Shuts Down Open Access Industry Standard July 27
• San Francisco Approaches Open Access With Caution InternetNews July 27
• San Francisco poised for cable open access vote C|NET July 26
• AT&T Wins in SF Wired July 27 1999
• San Francisco considers open access rules C|NET June 23 1999
• San Fran Committee To Review Open Access InternetNews June 23 1999

EAS

• Emergency Email Network
• Northern California Regional Terrorism and Threat Assessment Center Uses Roam Secure.
• Emergency Digital Information Service (EDIS) by email
• Incident.com

Media :: Anti SLAPP

"An anti-SLAPP motion under section 425.16 requires the trial court to engage in a two-step process. First, the court determines whether the defendant has made a prima facie showing that the challenged claim arises from protected activity that is within the statute's definition. If that threshold is met, the court then determines whether the plaintiff has demonstrated a probability that it will prevail on the claim. ( Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67 .)

"The protected activity that is required in order to satisfy the first prong of this test is an act in furtherance of a person's right of free speech in connection with a public issue, as set forth in subdivisions (e)(3) or (e)(4) of section 425.16. (Section 425.16, subd. (e)(1).) The plaintiffs charge that the relevant statements in this case were blog entries made on the internet, which were statements made in a public forum, as plaintiffs concede. (See ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993, 999.) The key issue with respect to the applicability of the anti-SLAPP statute therefore is whether the challenged claims were made in connection with issues of public interest within the meaning of section 425.16, subdivision (e). " - Navarro v Cruz, Cal: Court of Appeals, 2nd Dist, Div. 1, 2010 (unpublished)

Navarro v Cruz, Cal: Court of Appeals, 2nd Dist, Div. 1, 2010 (unpublished) "the blog attributed to Cruz addressed the parties' private disputes in the context of an ongoing controversy about the conduct of UPI, the sorts of conduct suffered by other present and future foreign teachers, and the social impact of such conduct on others. It also constituted a call to future action, specifically seeking its audience's participation in the ongoing discussion and involvement in the ongoing controversy. These factors satisfy the requirement that the acts and conduct charged in the complaint involve issues of public interest within the meaning of section 425.16.

"

"World Financial Group, Inc. v. HBW Ins. & Financial Services, Inc. (2009) 172 Cal.App.4th 1561, 1573 [statements directed solely at specific business practices, without addressing any ongoing controversy or potential public interest issues, does not satisfy first prong under section 425.16.];

"Century 21 Chamberlain & Associates v. Haberman (2009) 173 Cal.App.4th 1, 10 [demand for arbitration of specific negligence claim involves only private dispute, not potential public interest relating to arbitration]

"Dyer v. Childress (2007) 147 Cal.App.4th 1273, 1280 [public interest is not shown where statements are confined to "parochial particulars" of parties' dispute rather than public interest issues that might be implicated];

"Thomas v. Quintero (2005) 126 Cal.App.4th 635, is particularly instructive, as the trial court noted. In Thomas, the court found that a tenant's distribution of leaflets constituted protected activity with respect to issues of public interest, notwithstanding that the protest concerned a dispute with his landlord over eviction and involved only a limited audience, because the protest activities "`were not an end to themselves,'" but sought public involvement in an "`ongoing controversy, dispute or discussion . . . .'" ( Id. at p. 661.)

"Ruiz v. Harbor View Community Assn. (2005) 134 Cal.App.4th 1456, 1467-1470 [communication to single reader leading to ongoing controversy concerning homeowners' association governance involves issue of public interest]

"Terry v. Davis Community Church (2005) 131 Cal.App.4th 1534, 1547-1550 [church governing body's allegedly false accusation of sexually predatory conduct, read by at most 100 people, constitutes statement in public interest because reported actions gave rise to ongoing discussion and encouraged public participation in matters of public significance]

"Carver v. Bonds (2005) 135 Cal.App.4th 328, 343-344[allegedly defamatory newspaper article about medical practitioner's claimed misrepresentations involve issue of public interest where information would assist others in choosing doctors]

"Mann v. Quality Old Time Service, Inc. (2004) 120 Cal.App.4th 90, 111

"Wilbanks v. Wolk (2004) 121 Cal.App.4th 883, 898-900 [statements on internet web site about allegedly incompetent broker constitute issue of public interest where it constitutes "cautionary tale" providing consumer protection information to assist others with similar problems]

"Rivero v. American Fed. Of State, County & Mun. Employees, AFL-CIO (2003) 105 Cal.App.4th 913, 924 [protected activity involving dispute relating to supervisor of just eight employees found not to be issue of public interest];

"DuCharme v. International Broth. of Elec. Workers, Local 45 (2003) 110 Cal.App.4th 107, 119 [issues of interest to members of a particular community, in context of ongoing controversy, debate, or discussion within that community, may constitute issue of public interest under section 425.16

"Damon v. Ocean Hills Journalism Club (2000) 85 Cal.App.4th 468, 479 [homeowners' association newsletter concerning association governance constitutes matter of public interest]

"Macias v. Hartwell (1997) 55 Cal.App.4th 669, 674-675 [statements designed to persuade union members to vote against candidate in union election constituted matters of public interest]

Wifi Security

• AB 2415:
• This bill would require a device that includes an integrated and enabled wireless access point, if the device is manufactured on or after October 1, 2007, for use in a small office, home office, or residential setting, and that is used in a federally unlicensed spectrum, to either include a warning advising the consumer how to protect his or her wireless network connection, a warning sticker, or provide other protection that, among other things, requires affirmative action by the consumer prior to use of the device.
• (f) There is disagreement as to whether it is legal for someone to use another person's WiFi connection to browse the Internet if the owner of the WiFi connection has not put a password on it. While Section 502 of the Penal Code prohibits the unauthorized access to computers, computer systems, and computer data, authorized use is determined by the specific circumstances of the access. There are also federal laws, including the Computer Fraud and Abuse Act (18 U.S.C. Sec. 1030 et seq.), that prohibit the intentional access to a computer without authorization.

Governor Schwarzenegger Signs Legislation to Protect Consumers Using Wireless Devices, Office of the Governor, September 2006 (" requires wireless home networking equipment manufactures after October 1, 2007 to provide a warning that advises consumers on how to protect their personal information. ")

News

• FCC looking into BART mobile phone shutdown, CW 8/18/2011
• FCC reviewing SF subway cell shutdown, CNET 8/18/2011
• SF subway closes stations during peaceful protest, CNET 8/18/2011
• Hackers protest BART decision to block cellphones, Globe and Mail 8/15/2011
• BART Takes Heat For Shutting Down Cell Service to Quell Protest - As Anonymous Hacks BART Website in Retaliation, dslreports 8/15/2011
• Hackers protest San Francisco transit decision to block cellphones, Globe and Mail 8/15/2011
• Anonymous defaces BART site, leaks user data, CNET 8/15/2011
• Anonymous breaches San Francisco's public transport site, CW 8/15/2011
• BART Pulls a Mubarak in San Francisco, EFF 8/15/2011