The first, they have come up with fees that are 10 to 100 times the rate of current BMI, ASCAP and SESCAC rates to over-the-air broadcasters for streamed content. and the second is the Draconian logging requirements effectively preventing smaller broadcasters, such as community broadcasters (see: NFCB) from streaming. The third is the privacy issues surrounding the logging of very specific and precise listener information.
I asked the EFF to help with crafting a comment to the Library of Congress. As the only thing we could comment on was the logging since the only ones that could comment on the fees were those already involved in the arbitration. Fred von Lohmann who is the EFF's Senior Intellectual Property Attorney was very helpful in writing most of the paper and knowing where and how to submit it. Many thanks to him
If you have any concerns about this issue, please read the comments that others have sent in and respond to them as we are in the "response" phase of this public comment period.
Here is our response as a MS-Word document, a postscript file and an Acrobat PDF file.
I just got this comment to the CARP from WHRB at Harvard.