The U.S. is “reserving the right to vet other countries’ implementation” of the Trans-Pacific Partnership (TPP) “before its own obligations come into effect,” said the Electronic Frontier Foundation’s (EFF) Jeremy Malcolm, senior global policy analyst, and Maira Sutton, global policy analyst, in a blog post Thursday (http://bit.ly/VnM9Fs). EFF cited the recently launched TPP: No Certification website (http://bit.ly/1pPSV1E) as its source. The stance by the U.S. has “worrying implications for other countries planning to take advantage of whatever flexibilities remain in the TPP text after the negotiations are finished,” said EFF. “The leaked draft of the TPP requires signatory countries to provide ‘legal incentives for service providers to cooperate with copyright owners,'” it said, saying the term “legal incentives” is “vague.” “Certification means that this ambiguity or flexibility could disappear, leaving countries with only one, extreme interpretation of their obligations under the TPP -- whatever interpretation the US Trade Representative (USTR) unilaterally decides,” which might include strict copyright regulations, it said.

The U.S. should “move forward on privacy legislation now,” said Microsoft in comments (http://1.usa.gov/VkoAgC) to NTIA on big data and consumer privacy. The comments, made public by NTIA Tuesday (http://1.usa.gov/1sZUhYN), were in response to the White House big data report in May (CD May 2 p3). “Strong, comprehensive federal privacy legislation could establish a framework that enables all players to harness the potential of big data while respecting the privacy rights of those whose information contributes to the data,” Microsoft said. The Internet Association, whose members include Amazon, Facebook and Google, was more cautious in its comments (http://1.usa.gov/1sDoGyq). The association expressed concern that “any legislative proposal to address ‘big data’ may create a ‘precautionary principle problem’ that hinders the advancement of technologies and innovative services before they even develop.” “We urge the [Obama] Administration to work with stakeholders to identify the actual privacy and discrimination harms, if any, posed by ‘big data,'” it said.

The global market for biometric technology is expected to have a valuation of $23.3 billion by 2019, said a biometric market report released Wednesday (http://bit.ly/1ywSefy). The estimate would be a compound annual growth rate of 20.8 percent based on the market’s 2013 value, it said. “Increasing security concerns due to the rising terror attacks and crimes have created a need for high level security,” but “privacy concerns and [the] high cost of biometrics system[s] may hinder the growth of this market,” it said. NTIA has facilitated stakeholder meetings to determine best practices for the biometric industry’s facial recognition efforts (CD June 25 p12; June 24 p6).

The alleged operator of an email scam will pay $350,000 to settle FTC charges over deceptive emails that claimed recipients would violate the Affordable Care Act if they did not click a link to enroll in health insurance, said an FTC Tuesday news release (http://1.usa.gov/ViRSfp). The emails violated Section 5 of the FTC Act with misinformation and the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act) “by failing to provide consumers the opportunity to decline to receive future emails, and to provide a valid physical postal address,” the FTC said. The email links led to pages with advertisements for insurers, the FTC said. The alleged operator, Yair Shalev, received payment from those websites and the insurance companies advertised on the site had not authorized the email messages, according to the commission. All five FTC commissioners voted to approve the proposed stipulated order. Neither Shalev nor his attorneys could be reached for comment.

FTC and Department of Justice (DOJ) officials last week met with Sajai Singh, president of the International Technology Law Association (ITechLaw), a global technology lawyer association, said a Monday news release (http://bit.ly/1opE3ZB). Cybersecurity was the main issue discussed, ITechLaw said. Officials from the FTC’s Consumer Protection Bureau and Office of International Affairs attended to talk possible collaborations, said ITechLaw. Senior staffers from DOJ’s Computer Crime and Intellectual Property Section also attended, the group said. “Our desire is for ITechLaw to be a trusted and authoritative resource -- especially on global cyber crime, through our new Cyber Crime Committee,” said Singh.

A new team of digital experts will work with federal agencies to make their websites more user friendly and improve their back-end technology, said a White House news release Monday (http://1.usa.gov/1B9D9EI). Former Google engineer Mikey Dickerson will helm the squad, dubbed the U.S. Digital Service, in his new role as deputy federal chief information officer, the White House said. Dickerson previously helped work out Healthcare.gov glitches after the site launched, said the administration. His team will work to establish government digital service standards “in line with the best private sector services,” and set up accountability measurements to bring each agency’s services up to the standards. The White House also requested public comment on two reports released Monday as part of the government’s IT tool kit -- the Digital Services Playbook (http://playbook.cio.gov/) and TechFAR Handbook (http://playbook.cio.gov/techfar/). The playbook “lays out best practices for effective digital service delivery and that will serve as a guide for agencies across government,” and the handbook explains how agencies can execute the playbook in line with Federal Acquisition Regulation, the White House said. Comments can be submitted at each item’s home page.

The Philippine Long Distance Telephone Company (PLDT) invested $444.46 million for 10 percent ownership of Berlin-based Rocket Internet, which focuses on e-commerce and financial technology, said a Rocket Internet news release (http://bit.ly/1qXUazj) Thursday. “The partnership will leverage PLDT’s experience and intellectual property in mobile payments and remittance platforms, together with Rocket’s global technology platform, to provide products and services for the ‘unbanked, uncarded and unconnected’ population in emerging markets,” it said. The companies will work to develop “online and mobile payment solutions” in developing markets, said PLDT CEO Napoleon Nazareno in the release.

Following the Supreme Court’s ruling against software firm Alice (CD June 20 p13), which criticized abstract software patents, major tech companies are diverging on how they believe the Patent and Trademark Office (PTO) should interpret the decision, according to comments filed to the PTO (http://1.usa.gov/1kn6lmz). The PTO issued preliminary instructions on what the decision meant for companies examining patents (http://1.usa.gov/1nHVmR7). Microsoft, which favored the high court’s narrow ruling, approved of the PTO’s subsequent “clear, thoughtful, and prompt guidance.” It said “no major changes are required to the substantive description, interpretation, or application of the Alice decision set forth in the preliminary instructions.” Google and Twitter filed joint comments arguing the PTO should go further. “The guidance should make clear that claims directed toward abstract ideas can arise in all fields, not only the specific categories identified in the Preliminary Guidance, and should provide multiple examples of abstract ideas as instruction for examiners."

The ability to access the Internet and stream content was the top factor in a TV or video device purchase decision among 50 Chicago-area homes canvassed over 15 weeks ending April, said the Council for Research Excellence in a study. Smart TVs were the device of choice among most of those canvassed, followed by over-the-top streaming devices such as a Roku component, it said. Content was the driving force behind most purchase and usage decisions, it said. “Consumers demand devices that can stream content -- to enable time-shifting or binge-watching, for example.” All participating homes in the study sought ways to stream content, “regardless of demographic or technographic differences,” and “casting” content from one device to another was another “material attraction,” it said. When TV sets with over-the-top access were introduced into a home, “they became the most-used device for video, generating increased group viewing,” it said. But the TV set, whether “smart” in its own right or connected to a streaming device, “remained the dominant video-viewing device, although other devices were often present in the same room,” it said.

Apple TV sales have slowed “significantly” in 2014, said Strategy Analytics, estimating that 1.9 million Apple TVs were sold in Q2. While over-the-top (OTT) streaming player shipments are expected to rise 54 percent this year on strong demand for “affordable delivery of OTT content on TV screens,” Apple TV’s market share in the segment fell 11 percentage points from 2012 to 27 percent in 2014, Strategy Analytics said in a news release Tuesday (http://bit.ly/1tSZQuR). David Watkins, Strategy Analytics analyst, said Google and Amazon have “staked their claims” on the OTT streaming player segment and the “aging Apple TV is lacking features like voice control, gaming support and, most of all, an open app store.” Some of those features are rumored to be part of the next-generation Apple TV, but “delays are impeding its chance to succeed before Google’s Android TV and Amazon’s Fire TV grab a foothold in the market,” Watkins said. Analyst Eric Smith said the next Apple TV would be “revolutionary” if Apple’s negotiations with service providers would clear the way for 4K video delivery or integrated pay TV and OTT delivery “through a single box.” But Smith said that’s a tall order, citing efforts from tech giants such as Intel that have “unsuccessfully spent hundreds of millions of dollars to break into the pay TV business.” Convincing pay TV providers and content owners “to share control of lucrative video content with non-traditional players will continue to be challenging,” Smith said. Apple had no immediate comment.