FTC members 2-0 agreed to Sears' request to let it use some tracking software without telling customers, changing a 2009 settlement that the retailer didn't fully disclose what personal information it collected via app when offering people $10 to install research software on their computers. "While mobile applications are still covered under the modified Order, the Commission added exceptions to the definition of 'Tracking Application' that exclude software that tracks only the configuration of the software program or application itself; information regarding whether the software program or application is functioning as represented; or information regarding consumers’ use of the program or application itself," the FTC announced Wednesday. A dozen comments were made on the request, with some seeking changes to what the company sought or having concerns. The company's petition overall is "deeply lacking in supporting facts, and would set a precedent deleterious to consumer interests," said the World Privacy Forum. Consumers Union, Consumer Federation of America and the Center for Digital Democracy asked the agency "to limit the language of Sears’s third requested exception to the definition of 'Tracking Application' to apply only to instances in which information to be obtained is reasonably expected and necessary to perform a service or transaction the consumer has requested." The new order addressed such concerns, saying some weren't likely to occur or not technically likely. The decision "will help allow the many mobile apps provided by Sears to compete on an equal footing with others in the marketplace," emailed a company spokesman without answering our specific questions. He said the commission recognizes "the mobile ecosystem has changed dramatically since 2009. In that time Sears has expanded its mobile apps offerings to support and encompass everything from shopping at Sears and Kmart to controlling your smart Kenmore appliances."

If the Senate confirms all of President Donald Trump's four FTC nominees (see here and 1801250055), the agency would have a 3-1 Republican/Democrat split. Joseph Simons, whom the administration previously said it would designate chairman, would replace current acting Chairman Maureen Ohlhausen, who would then leave to be a judge if she were confirmed.

President Donald Trump's administration Tuesday said it sent the Senate four FTC nominees (see here). If they are all confirmed, both current commissioners would leave. Three of the picks had been expected, plus Delta Air Lines' Christine Wilson. The agency would be at its full complement only if existing Commissioner Terrell McSweeny were to stay, but her term would be filled by the incoming chairman. Earlier this week, the White House announced it was nominating current acting Chairman Maureen Ohlhausen to be a judge and she would leave once her successor arrives, and that nomination has been sent to the Senate.

LAS VEGAS -- Smart networks are coming to cable, helping find and fix technical problems even before they might cause outages or are noticed by customers, the head of the industry's R&D arm said on the sidelines of CES. Comcast is heavily using such proactive network maintenance (some others call it proactive network management) and CableLabs CEO Phil McKinney sees PNM catching on among more cable operators, he said aboard his parked bus after parts of the Las Vegas Convention Center were partly closed during a power outage (see 1801100027).

LAS VEGAS -- Smart homes and their enabling technology are gaining acceptance from consumers after decades of low uptake and industry trial and error with earlier products that didn't take off, CES panelists said Wednesday. Using what moderator Laurie Jennings from the Good Housekeeping Institute called "learnings of the past," key players recognized ease of use, often aided by voice control, leads to increased household uptake. Panelists cited a slew of smart home technology announcements at the show, including those involving Google Assistant and Apple's Siri, among many others. Not all smart home and related systems are completely open or nonproprietary, some pointed out.

LAS VEGAS -- A growing number of subscription-video and other services with many ways that advertisements can be delivered and multiple devices used to view content in a variety of ways has some stakeholders scrambling to catch up with people's changing habits, said CES panelists Tuesday. Amid consumer fragmentation and many programming choices, some see using voice commands to search for and discover video becoming increasingly popular. A sign of how technology is changing habits is that more people are watching full-length content and not just video clips on a plethora of devices other than TVs, said speakers including MGM's Epix Chief Digital Officer Jon Dakss.

"Overhyped" at the coming CES are artificial intelligence everywhere, connected cars and virtual currencies, but immersive story telling, social virtual reality and machine learning for security excite CableLabs CEO Phil McKinney, he said. "We've been talking about AI for quite some time" with "lots of claims ... but it's just not there" yet, he said in a video on 2018 tech innovation predictions. "We've had the promise of connected cars for decades, and we're still waiting for them." Cryptocurrencies, which he has talked about since 2010, has seen little progress other than the "overhyped" value, McKinney said Wednesday. Of areas where he sees the network as "the common thread," he said movies and games can make it feel "like you're part of the story" and "not sitting back as a voyeur." And "we've been talking about VR now for a number of years," but social uses take it to the "next level," McKinney said. Monitoring networks and learning from attack patterns can avoid breaches and take "security to an entirely new level," he said.

The FCC released the long-awaited text of its new net neutrality regulations Thursday evening. Some had expected imminent release. The order was OK'd by commissioners on a party-line vote Dec. 14.

Proposing fining Sinclair some $13 million for not disclosing sponsorship of advertisements (see 1712150051) likely will be a 3-2 vote at the FCC, officials said. It's possible the notice of apparent liability will be released this week, after it took time for statements on the NAL from the commissioners to be finalized, we're told. The Democratic commissioners' concerns may include that the fine would be much less than the maximum of about $80 million, officials said. The broadcaster and the FCC declined to comment Monday. Sinclair is buying Tribune, in a deal expected to get regulatory OK, but perhaps not in conjunction with this NAL.

The FCC may fine Sinclair many millions of dollars in what's seen as a precursor to possibly approving Sinclair's pending buy of Tribune, informed sources said Friday. All commissioners have completed voting on a notice of apparent liability with a penalty of about $13.3 million, though not all members necessarily voted yes, said agency and other officials in interviews. Although the NAL apparently doesn't approve or possibly even mention the license transfer, such proposed fines or settlements often occur around the time the regulator approves transactions. Sinclair allegedly showed spots about 1,700 times that some could have mistaken for news segments, and the sponsorship wasn't disclosed to viewers, officials said. Some said the maximum fine for the violations could be $80 million, more than the draft NAL would seek. The penalty would add "to the long list of evidence that the FCC-licensed broadcaster will not act in the public interest" if it buys Tribune, said Sinclair/Tribune foe Coalition to Save Local Media, with members including the American Cable Association, Dish Network, NTCA and Public Knowledge. “Today’s report [here] should prompt more scrutiny by the FCC, Justice Department, and other parties on this proposed mega-merger." Sinclair and the FCC declined to comment.