Morning Roundup: Comcast gets Cuomo'd, EFF wants to know if Google has been evil...

Eager to nail a corporate head to the wall in the mold of his predecessor Elliot Spitzer, New York Attorney General Andrew Cuomo has (according to AP, via The Register) has issued a subpoena for traffic data for Comcast's New York subscribers, despite the company's relatively small footprint in the state.

Cuomo may be a small fish for the company to worry about. When FCC Chairman Martin says things like

"While networks may have reasonable practices, they obviously cannot operate without taking some reasonable steps...but that does not mean they can arbitrarily block access to certain services."

you know you might have a problem. Martin (R), whose tenure at the FCC has been known for fines as massive as his love for deregulation, may join fellow Commissioners and usual suspects Michael Copps (D) and Jonathan Adelstein (D) in issuing an official order and possibly fining the nation's largest Cable TV provider and ISP for their throttling of BitTorrent traffic and subsequent attempts to cover-up or obfuscate the issue.

Martin has indicated his unwavering support for competition in all arenas, and although one would suspect he would naturally side with the business, the fact that Comcast operates a "competing" Video service throws a wrinkle into what would otherwise be a clear-cut "reasonable network management" practice. Also, Martin and several of his colleagues were adamant in their desire to encourage more disclosure and transparency in broadband subscription limitations.

Meanwhile, the Electronic Frontier Foundation has sued the U.S. Department of Justice. Again. They're curious to hear about discussions, negotiations or conversations between Google and Jayne Horvath, who was USDOJ's first "chief privacy and civil liberties officer" in 2006, when Google fought off a subpoena for a massive amount of search records. In an extreme cross-country case of "DC revolving door," Horvath is now Google's senior privacy counsel.

According to EFF counsel David Sobel, "

Google has an unprecedented ability to collect and retain very personal information about millions of Americans, and the DOJ and other law enforcement agencies have developed a huge appetite for that information...We want to know what discussions DOJ's top privacy lawyer had with Google before leaving her government position to join the company."

I'm not a conspiracy theorist by any means, and I'm certainly used to revolving door type moves like this. I can understand the EFF's concern, but perhaps they doth protest too much?

They've filed a FOIA request about this, six months ago. Given the DOJ's normal FOIA time lag, maybe it would be better to just ask Google. Heck, if you want a bigger headline, sue them! At least it would be more than EFF's business as usual.