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TOP STORIES FOR FRIDAY, MAY 28, 2004
  Capella Signs Licensing Deal for Audio and Video Streaming
  NEC Admits to Fraud in E-Rate Program
  GAO Finds Widespread Data Mining
  Buffalo Spammer Gets Jail Time


CAPELLA SIGNS LICENSING DEAL FOR AUDIO AND VIDEO STREAMING
Distance-education provider Capella University has signed a deal with
Acacia Research Corporation, a company that claims it holds patents
that apply to all audio- and video-streaming technology. Acacia
initially sent letters to adult Web sites, alleging they were
infringing on Acacia's patents. Later, the company began sending
similar letters to providers of distance-education services and other
mainstream companies. In the letters, Acacia requested that
institutions supposedly using its patents pay the company two percent
of gross revenues from those uses. A group of adult Web sites is
challenging Acacia's claims in court, though some in the adult
industry have opted to sign licensing agreements. Many in the higher
education community reject Acacia's patent claims but concede that in
cases like this, it is often less expensive simply to sign licensing
deals than fight the charges in court. Still, some observers, including
Sally M. Johnstone of the Western Cooperative for Educational
Telecommunications, were discouraged by the deal with Capella, saying
it sets a bad precedent. Capella, Johnstone said, "basically validated
Acacia's claim."
Chronicle of Higher Education, 27 May 2004
http://chronicle.com/free/2004/05/2004052704n.htm

NEC ADMITS TO FRAUD IN E-RATE PROGRAM
The ongoing investigation into the troubled E-Rate program has resulted
in a $20.7 million settlement with NEC Business Network Solutions, a
subsidiary of computer maker NEC. Begun in 1996, the E-Rate program is
a federal program, funded by a tax on phone bills, to provide funds
predominantly to low-income and rural school districts for technology
infrastructure. Allegations of fraud and mismanagement of the program
surfaced several years ago. In the case of the NEC subsidiary, the
company has admitted to selling the San Francisco Unified School
District and several other districts much more equipment than they
needed and to charging the E-Rate program significantly more than the
equipment cost. Other companies involved in the E-Rate program have
been charged with bribing school officials to forgo competitive bidding
on technology projects.
New York Times, 28 May 2004 (registration req'd)
http://www.nytimes.com/2004/05/28/technology/28net.html

GAO FINDS WIDESPREAD DATA MINING
A report from the General Accounting Office (GAO) indicates that a
broad range of federal agencies are involved in data-mining programs,
designed primarily to improve the performance or services of that
agency. Programs that use data mining to fight terrorism accounted for
the smallest number of the 199 programs identified by the GAO at 52
different federal agencies. Of the nearly 200 programs listed, 122 use
personally identifiable information, according to the GAO. Fifty-four
of the programs use data supplied by private companies, including
credit card companies, and in 77 of the programs, federal agencies
share information with one another. The Defense Department sponsors the
largest number of data-mining programs. Coinciding with the GAO's
report, the Center for Democracy and Technology and the Heritage
Foundation released their recommendations for how data-mining programs
can be used effectively without sacrificing the privacy of individuals.
The groups' report urges the federal government to "anonymize" data to
remove personally identifiable information; to build secure systems
that prevent unauthorized access to information; and to include tools
that record instances of unauthorized access or misuse of information.
Wired News, 27 May 2004
http://www.wired.com/news/privacy/0,1848,63623,00.html

BUFFALO SPAMMER GETS JAIL TIME
A judge in New York this week sentenced Howard Carmack, the so-called
Buffalo Spammer, to the maximum three-and-a-half to seven years in
prison under the state's new identity theft statute. Carmack was
charged with setting up hundreds of e-mail accounts under false or
stolen identities and sending 850 million spam e-mails through those
accounts. Internet service provider EarthLink previously won a $16.4
million civil judgment against Carmack, though the company has yet to
collect any money from Carmack. At his sentencing, Carmack said his
prosecution was politically motivated and that he didn't see any
victims of his actions. In response, Judge Michael D'Amico said, "I'm
having a heck of a time figuring out why you think everybody is unfair
to you," telling Carmack he caused a lot of harm to many people.
Wall Street Journal, 27 May 2004 (sub. req'd)
http://online.wsj.com/article/0,,SB108568739201123150,00.html

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