May 1, 2009 (Souter to retire)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY MAY 1, 2009

Later today: 1) NSF Advisory Committee for Computer and Information Science and Engineering; 2) Journalism Innovations II: New Work & Ideas for Making the News; and 3) Cybersecurity: Network Threats and Policy Challenges. See http://benton.org/calendar/2009-05

POLICYMAKERS
   Souter Reportedly Planning to Retire From High Court
   New White House Communications Chief Named
   Obama or AT&T -- The Choice for Commissioner-Designate Clyburn as the Whitacre Era Ends
   Obama Masters Three-Screen Presidency
   100 News Cycles Later
   Media Matters looks at 100 days of conservative misinformation

BROADBAND
   Internet a Stage for State Control — and Rebellion Against It
   Bringing Efficiency to the Infrastructure
   Cable's numbers don't add up for metered billing
   Minnesota asks ISPs to block gambling sites

GOVERNMENT & COMMUNICATIONS
   Lieberman Introduces CRS Resolution
   Sen DeMint Pushes For XML Format
   Library Of Congress Needs IT Strategy

JOURNALISM
   Reader survey of stories roils Tribune newsroom
   Will Public Media Survive Where Mainstream Media Failed?
   Reinvigorating Public Media
   New 'USA Today' Publisher Sees Future Paid Web Content

WIRELESS
AT&T's iPhone Dilemma

HEALTH
Hyping swine flu isn't really healthy
Physician Leaders Offer Recommendations on Meaningful Use of EHRs

CHILDREN & MEDIA
Hasbro and Discovery Form Children's TV Network

QUICKLY -- Barton, Stearns Introduce FCC Reform Bill; State AGs Press Congress For IP Funds; Venture capital group wants tax breaks and regulatory relief to spur growth

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POLICYMAKERS

SOUTER REPORTEDLY PLANNING TO RETIRE FROM HIGH COURT
[SOURCE: Washington Post, AUTHOR: Robert Barnes]
Justice David H. Souter, the Republican-appointed New England jurist who has become a reliable member of the liberal bloc on the Supreme Court, has told friends that he plans to retire. A vacancy would give President Obama his first chance to begin reshaping the court but would not likely change the dynamic on a bench that is often evenly split between the liberal and conservative blocs, with moderate conservative Justice Anthony M. Kennedy often holding the pivotal role. Although Obama's choice would probably be far different from the 69-year-old intellectual bachelor from New Hampshire, the replacement would almost surely have a similar ideological outlook. Most court observers also believe Obama would be likely to choose a woman as his first appointment, since Justice Ruth Bader Ginsburg is the lone female among the nine justices. Most often mentioned as possibilities are two appeals judges, Sonia Sotomayor of New York and Diane P. Wood of Chicago, along with Obama's new solicitor general, Elena Kagan. Vice President Biden has been charged with drawing up a list of possible nominees.
http://benton.org/node/25001
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NEW WHITE HOUSE COMMUNICATIONS CHIEF NAMED
[SOURCE: Associated Press, AUTHOR: Liz Sidoti]
Anita Dunn, a veteran Democratic media consultant and senior adviser on Barack Obama's campaign, has been named the President's interim communications director, taking over from Ellen Moran who will become chief of staff for Commerce Sec Gary Locke. Dunn previously resisted Obama's overtures to be on his team, choosing to play a more informal adviser role from outside the White House. But Obama turned to Dunn once again after Moran decided to step down to take a job she says will be a better personal and professional fit. Among the responsibilities of the communication chief's job are crafting media events and amplifying the White House's message on every aspect of Obama's agenda.
http://benton.org/node/25000
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OBAMA OR AT&T -- THE CHOICE FOR COMMISSIONER-DESIGNATE CLYBURN AS THE WHITACRE ERA ENDS
[SOURCE: PublicKnowledge, AUTHOR: Art Brodsky]
[Commentary] South Carolina Public Service Commission member Mignon Clyburn, President Obama's nominee for the Federal Communications Commission, has, over the past ten years, gone along with the normal pro-Bell tilt to the Commission. As one telecom attorney with experience in southern state put it, if a competitive carrier went to the South Carolina commission to argue that the sky was blue, and AT&T (the former BellSouth) argued the sky was purple, the PSC would rule in favor of purple. The Bell companies have an unrivalled story of success in the South Carolina regulatory system and legislature, as they do in many southern states. AT&T is a politically potent force, as Mignon Clyburn and her father well know, and there will doubtless be pressure on her to follow the policies that veteran telecom attorneys from the region acknowledge she has long supported. Those philosophies, however, will come into sharp contrast with the expected progressive policies espoused by the President Obama's campaign.
http://benton.org/node/24994
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OBAMA MASTERS THREE-SCREEN PRESIDENCY
[SOURCE: MediaWeek, AUTHOR: Karen Watson]
One hundred days is scarcely enough time to draw any firm conclusions about a new president's capabilities. Even so, Barack Obama has garnered considerable respect for his media skills. Pundits have dubbed him the "new media president;" while some of the most cynical among them believe his underlying strategy is to end-run traditional Washington gatekeepers by communicating more directly with constituents sympathetic to his agenda. But his fans and critics alike may be missing the bigger picture. It's true Obama has readily embraced most things digital. Throughout much of his campaign, his unique online audience bested those of his opponents -- Hillary Clinton during the primaries and John McCain in the general election -- sometimes 2-to-1. His historic 26-word text message announcing Joe Biden as his running mate reached nearly three million U.S. mobile subscribers, and is considered the nation's single-largest mobile marketing event ever. And since taking the oath of office, he has continued to use the Web to blog on vital issues and field questions from the public. It should come as no surprise, however, that the president is taking full advantage of new technologies. Given the current state of the media, it would be more astonishing if he didn't.
http://benton.org/node/24993
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100 NEWS CYCLES LATER
[SOURCE: The Huffington Post, AUTHOR: John McQuaid]
[Commentary] During the presidential campaign, Barack Obama made clear his distaste of the news cycle and its trivial obsessions. Skeptics said this would hurt his chances: that to win, a candidate must dominate the news day-by-day, minute-by-minute, with attacks that keep the opposition off-balance. Yet the Obama campaign managed to win by emphasizing a longer-term strategy over the hair-trigger approach. But on Jan. 20, for all intents and purposes President Obama became the news cycle. His ambitions for toning down Washington's nasty partisan warfare -- and with that, creating better prospects for his agenda -- depend on his ability to nudge the news cycle away from the cable network- and Drudge-driven obsession with transient panics and cultural outrages. On that front, he's been only partially successful so far. But more so than many of us thought going in.
http://benton.org/node/24992
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BROADBAND

INTERNET A STAGE FOR STATE CONTROL -- AND REBELLION AGAINST IT
[SOURCE: New York Times, AUTHOR: John Markoff]
The Internet is no longer just an essential channel for commerce, entertainment and information. It has also become a stage for state control — and rebellion against it. Computers are becoming more crucial in global conflicts, not only in spying and military action, but also in determining what information reaches people around the globe. More than 20 countries now use increasingly sophisticated blocking and filtering systems for Internet content, according to Reporters Without Borders, a Paris-based group that encourages freedom of the press. Although the most aggressive filtering systems have been erected by authoritarian governments like those in Iran, China, Pakistan, Saudi Arabia and Syria, some Western democracies are also beginning to filter some content, including child pornography and other sexually oriented material. In response, a disparate alliance of political and religious activists, civil libertarians, Internet entrepreneurs, diplomats and even military officers and intelligence agents are now challenging growing Internet censorship.
http://benton.org/node/24999
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BRINGING EFFICIENCY TO THE INFRASTRUCTURE
[SOURCE: New York Times, AUTHOR: Steve Lohr]
In the mid-1990s, the Internet took off because its technological time had come. Years of steady progress in developing more powerful and less expensive computers, Web software and faster communications links finally came together. A similar pattern is emerging today, experts say, for what is being called smart infrastructure — more efficient and environmentally friendlier systems for managing, among other things, commuter traffic, food distribution, electric grids and waterways. This time, the crucial technological ingredients include low-cost sensors and clever software for analytics and visualization, as well as computing firepower. Wireless sensors can now collect and transmit information from almost any object — for instance, roads, food crates, utility lines and water pipes. And the improved software helps interpret the huge flow of information, so raw data becomes useful knowledge to monitor and optimize transport and other complex systems. The efficiency payoff, experts say, should translate into big reductions in energy used, greenhouse gases emitted and natural resources consumed. Smart infrastructure is a new horizon for computer technology.
http://benton.org/node/24990
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CABLE'S NUMBERS DON'T ADD UP FOR METERED BILLING
[SOURCE: C-Net|News.com, AUTHOR: Marguerite Reardon]
For an industry that's supposedly struggling to keep up with customer demand for more bandwidth, the nation's two largest cable operators seem to be doing pretty well. This week Comcast and Time Warner Cable each reported strong earnings, in spite of the fact that Time Warner has said recently that it needs a new business model to handle growing broadband demand. Comcast beat analysts' expectations and increased profits 5.4 percent to $778 million. Time Warner Cable's profits fell 32 percent, but this was mostly due to costs associated with the split from its former parent company, Time Warner. The company's revenue was actually up 5 percent to $4.4 billion when compared to the same quarter a year ago. Comcast also increased revenue by about 5.3 percent to $8.4 billion. Meanwhile, both companies reduced capital spending. Comcast cut capital expenditures by 19 percent to $1.16 billion. And Time Warner Cable cut its spending by 18 percent to $33 million. For broadband specifically, Time Warner increased revenues 11 percent to $1.1 billion. When cable operators add customers and cut capital spending on infrastructure, it doesn't seem as though they are even attempting to keep up with customer demand for more bandwidth. And the fact that they are still making profits also shows that they have the money to spend. So for consumers--who already feel they pay too much for broadband services compared to people living in other countries--Time Warner's argument that it has no choice but to meter traffic is a hard to pill to swallow, especially in this economy when so many people are financially strapped.
http://benton.org/node/24979
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MINNESOTA ASKS ISPs TO BLOCK GAMBLING SITES
[SOURCE: Associated Press, AUTHOR: Peter Svensson]
Minnesota officials are trying a novel tactic to block online gambling sites — using a federal law that enables restrictions on phone calls used for wagering. The state's Department of Public Safety said Wednesday it had asked 11 Internet service providers to block access to 200 online gambling sites. The state is citing a federal law that requires "common carriers," a term that mainly applies to phone companies, to comply with requests that they block telecommunications services used for gambling. But Internet service providers are not common carriers, meaning it's unlikely that a court would compel an ISP to comply with Minnesota's request, said John Morris, general counsel at the Center for Democracy and Technology in Washington. Morris also noted that the law appears to apply to phone companies directly doing business with bet-takers. But online gambling is already illegal in the U.S., so gambling sites are based overseas and U.S. ISPs have no direct links to them.
http://benton.org/node/24981
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GOVERNMENT & COMMUNICATIONS

LIEBERMAN INTRODUCES CRS RESOLUTION
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
Senate Homeland Security and Governmental Affairs Chairman Joseph Lieberman (I-CT) on Wednesday night introduced what has become a perennial non-binding resolution to put non-confidential Congressional Research Service reports online. Homeland Security and Government Affairs ranking member Susan Collins (R-Maine), Judiciary Chairman Patrick Leahy (D-VT), Sen John McCain (R-AZ) and others signed on. Rather than creating a new tool for public access, the resolution would let members and committees share reports using the same online services that are available on Congress' internal CRS Web site. The resolution also requires an index of CRS issue briefs and reports be made public.
http://benton.org/node/24989
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SEN DEMINT PUSHES FOR XML FORMAT
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
Sen Jim DeMint (R-SC) is circulating a draft letter that asks Senate Rules Chairman Charles Schumer and ranking member Bob Bennett to modernize the way the chamber provides information about roll call votes, thus increasing Senate transparency. For a number of years, the House has provided roll call votes to the public in a format that allows them to be easily read, processed, and shared but the Senate continues to make available its votes in what government watchdogs have complained is an antiquated fashion that prevents easy analysis and dissemination. Utilizing an XML format would allow the public to use computers to search, sort, and visualize voting records in new ways, the letter states, noting that the costs associated with the transition would be negligible but the impact would be profound.
http://benton.org/node/24988
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LIBRARY OF CONGRESS NEEDS IT STRATEGY
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
Library of Congress Inspector General Karl Schornagel told the House Administration Committee on Wednesday that the LoC has made "tremendous progress" with its information technology infrastructure but in order to remain current and competitive, the facility needs to take several significant steps to evolve. He recently published a report that concluded strategic IT planning is not a "unifying force" at the Library nor is it linked to the investment process. The disconnect results in duplicated efforts and acquisitions. In addition to costs incurred for unfunded mandates, he found numerous areas where there were overlaps in support services and systems.
http://benton.org/node/24987
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JOURNALISM

READER SURVEY OF STORIES ROILS TRIBUNE NEWSROOM
[SOURCE: Associated Press, AUTHOR: Herbert McCann]
Reporters at the Chicago Tribune say they believe the marketing department in recent weeks solicited subscribers' opinions on stories before they were published, a practice they said raises ethical questions, as well as legal and competitive issues. An e-mail signed by 55 reporters and editors, sent Wednesday to Editor Gerould Kern and Managing Editor Jane Hirt questions why the newspaper was conducting the surveys and what stories were used. They also wanted to know which readers were surveyed and whether any story had been altered as a result of reader comment. "It is a fundamental principle of journalism that we do not give people outside the newspaper the option of deciding whether or not we should publish a story, whether they be advertisers, politicians or just regular readers," the e-mail read. "Focus grouping as done in the past is one thing. But this appears to break the bond between reporters and editors in a fundamental way." The reporters and editors also said many have become uncomfortable that the marketing department appeared to be playing an undefined role in the newsroom.
http://benton.org/node/24995
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WILL PUBLIC MEDIA SURVIVE WHERE MAINSTREAM MEDIA FAILED?
[SOURCE: American Prospect, AUTHOR: Jessica Clark, Patricia Aufderheide]
[Commentary] Public broadcasting, newspapers, magazines, and network newscasts have played a central role in our democracy, informing citizens and guiding public conversation. But the top-down dissemination technologies that supported them are being supplanted by an open, many-to-many networked media environment. What platforms, standards, and practices will replace or transform legacy public media? Answers are already emerging out of a series of media experiments taking place across legacy and citizen media. Multiplatform, open, and digital public media will be an essential feature of truly democratic public life from here on in. It will be media both for and by the public. While such projects may look and function differently, they'll share the same goals as those that preceded them: educating, informing, and mobilizing users. But this next version of public media, public media 2.0, won't happen by accident or for free. The same bottom-line logic that runs media today will run tomorrow's media as well. If we're going to have media for vibrant democratic culture, we have to plan for it, try it out, show people that it matters, and build new constituencies to invest in it.
http://benton.org/node/24983
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REINVIGORATING PUBLIC MEDIA
[SOURCE: American Prospect, AUTHOR: Josh Silver]
[Commentary] The decline of U.S. commercial journalism, combined with new technology and digital innovations, presents an unprecedented opportunity for public media to be reinvented as go-to sources for journalism, education, arts, culture, and local programming. Leadership on public media is needed now both in local communities and in Washington. Our biggest obstacle isn't money or technology; it's imagining the alternatives and harnessing the political will to make them a reality.
http://benton.org/node/24982
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NEW 'USA TODAY' PUBLISHER SEES FUTURE PAID WEB CONTENT
[SOURCE: Editor&Publisher, AUTHOR: Joe Strupp]
Fresh from implementing a major shake-up at Detroit's two major dailies -- which cutback home delivery under his watch -- David Hunke is ready to make major changes at USA Today if need be. Named president and publisher of the Gannett Co. flagship earlier this week, Hunke -- former CEO of the Detroit Media Partnership -- says some paid content could emerge on the USA Today Web site and he is not shy about making other innovations if they are required.
http://benton.org/node/24978
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WIRELESS

AT&T'S IPHONE DILEMMA
[SOURCE: BusinessWeek, AUTHOR: Peter Burrows]
To some, AT&T's agreement to sell iPhones seemed ill-advised at first. Apple CEO Steve Jobs set some exacting demands in exchange for granting AT&T the sole U.S. rights to the iPhone. U.S. carriers had always maintained nearly complete control over the devices on their networks. But Jobs wouldn't even let Ma Bell affix its logo to the handset. He also insisted AT&T surrender a hefty chunk of the monthly service fees it would collect and only Apple could decide what software would be used on the device. In exchange, AT&T got a multiyear deal to be the exclusive network to carry the device. So far, that bet looks brilliant. But now AT&T is having to contemplate life without that iPhone exclusive—and it's bound to be a difficult adjustment. Should Apple widen the circle of iPhone carriers, those new partners will take a slice of iPhone customers, who are not only numerous but highly profitable; they pay an average of $85 in wireless charges per month, roughly double the average. Also, AT&T will no longer be able to lean on Apple's marketing muscle, and it will have to face the long-term impact of ceding so much authority—and brand equity—to Apple. With every iPhone it sells, AT&T becomes known that much more as Apple's partner.
http://benton.org/node/24984
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HEALTH

HYPING SWINE FLU ISN'T REALLY HEALTHY
[SOURCE: Los Angeles Times, AUTHOR: James Rainey]
While most news outlets strive mightily to strike the right balance -- spreading information about a public health concern, while tamping down alarm -- others seem to have a congenital inability to tell this story with precision or proportion. Television in particular can struggle with a story like this, when reporters and news anchors muddle along, untethered for hours in the vast space-time continuum created by the Web and cable TV. Desperate to fill to the top of the hour and armed with little clarity -- no one can say for certain how prolonged or deadly this flu episode will be -- some newsies can't stop spinning. And conjuring a frightening reality that isn't quite real.
http://benton.org/node/24997
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PHYSICIAN LEADERS OFFER RECOMMENDATIONS ON MEANINGFUL USE OF EHRs
[SOURCE: iHealthBeat, AUTHOR: ]
At the National Committee on Vital and Health Statistics hearing this week, physician executives offered a variety of recommendations on how to define "meaningful use" of electronic health records. The HHS advisory group is evaluating options for the definition, and HHS officials will consider its recommendations. The definition will help determine whether health care providers qualify for Medicare and Medicaid incentive payments under the American Recovery and Reinvestment Act. John Tooker, CEO of the American College of Physicians, said the definition of meaningful use should not exceed the current requirements to receive software certification from the Certification Commission for Healthcare IT. Blackford Middleton, corporate director of clinical informatics research and development at Partners HealthCare in Boston, said that while the initial definition for meaningful use should be easily achievable with existing technology, "we should not set our sights too low" and risk hindering long-term quality advancements. Terry McGeeney, president and CEO of the American Academy of Family Physicians' TransforMED unit, recommended that smaller group practices be held to a less rigorous standard for meaningful use than larger organizations. John Halamka, CIO at CareGroup Health System in Boston, said the definition of meaningful use should include "processes and workflow that facilitate improved quality and increased efficiency."
http://benton.org/node/24977
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CHILDREN & MEDIA

HASBRO AND DISCOVERY FORM CHILDREN'S TV NETWORK
[SOURCE: Wall Street Journal, AUTHOR: Sam Schechner, Joseph Pereira]
Toy maker Hasbro and cable programmer Discovery Communications are teaming up to launch a new children's entertainment network in 2010. The channel is slated to replace the little-watched Discovery Kids in some 60 million homes, will include programming from Discovery and outside producers, as well as from Hasbro brands like Romper Room, Tonka and My Little Pony. The network marks one of the more ambitious moves by a manufacturer and advertiser into TV entertainment. Under terms of the deal, Hasbro will pay Discovery $300 million in cash for a 50% share in the venture, while Discovery will contribute the U.S. operations of Discovery Kids. Hasbro also has agreed to pay the venture an additional $125 million in merchandising royalties from July 2009 to November 2013. For Hasbro, the deal is part of an effort to transform itself into an entertainment company at a time when toys increasingly compete for children's attention with videogames, the Web, movies and TV. The company has two films, "Transformers: Revenge of the Fallen" and "G.I. Joe: The Rise of Cobra," coming to theaters this summer. Robert Weissman, managing director of Commercial Alert, said that the new network "sounds like nothing more than a scheme to deliver program-length advertisements to children." Campaign for a Commercial-Free Childhood director Susan Linn said in a statement that the network "will make a mockery of existing ad limits."
http://benton.org/node/24998
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QUICKLY

BARTON, STEARNS INTRODUCE FCC REFORM BILL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Reps Joe Barton (R-TX) and Cliff Stearns (R-FL), key members of the House Commerce Committee, have introduced legislation to reform the Federal Communications Commission. The bill would require 30 day comment periods on all proposed rule changes. The bill would also give the commission 30 days from the adoption of a policy to the release of the actual text.
http://benton.org/node/24980
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STATE AGs PRESS CONGRESS FOR IP FUNDS
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
Attorneys general from 39 states wrote a letter to House and Senate Appropriations Committee members this week urging them to fully implement and fund legislation passed by Congress and signed into law last October, which would enhance domestic intellectual property protections. The statute seeks to bolster the ability of state and local law enforcement to protect IP by authorizing funding for related programs. The state AGs pressed lawmakers to provide $25 million in fiscal year 2010 for IP enforcement grants administered by the Justice Department's Office of Justice Programs.
http://benton.org/node/24986
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VENTURE CAPITAL GROUP WANTS TAX BREAKS AND REGULATORY RELIEF TO SPUR GROWTH
[SOURCE: San Jose Mercury News, AUTHOR: Scott Duke Harris]
A special, lowered capital gains tax for investors in companies that debut on public stock exchanges could help stimulate the economy and create many new jobs, leaders of a national venture capital group said Wednesday. Lowering the federal capital gains tax to 10 percent from 15 percent for a two- or three-year period for companies that make initial public offerings would create such broad economic benefits that it would enhance tax revenues over the long term, said Dixon Doll, chairman of the National Venture Capital Association. The tax incentive proposal was part of a "four pillar" agenda the NVCA unveiled at its annual conference in Boston aimed at reinvigorating a venture industry now struggling with an ice-cold IPO market and sluggish pace of mergers and acquisitions. The proposals also include a review of regulations such as Sarbanes-Oxley that are said to raise costs and slow the pace toward an IPO. Two other "pillars" address problems in the private sector ecosystem that includes investment banks, accounting firms and institutional investors. These initiatives involve efforts to develop new banking models to foster IPOs and identify new institutional investors for small companies.
http://benton.org/node/24996
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It is Friday so we are outta here. Have a great weekend -- and let's turn this thing around, Cubs!

May 1, 2009 (Souter to retire)

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