Federal Internet Law & Policy
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California Dont be a FOOL; The Law is Not DIY
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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


    Municipal Broadband

  • 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


    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  September 30, 2003
  • Big Shoe Drops: California Jumps on Regulation Bandwagon 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


    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

  • 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

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