June 25, 2010 (House Approves DISCLOSE Act)
BENTON'S COMMUNICATIONS-RELATED HEADLINES for FRIDAY, JUNE 25, 2010
A summer Friday, but there's still plenty going on... benton.org/calendar/2010-06-25
NEWS FROM THE HILL
House approves campaign finance bill in 219-206 vote
See also:Who Approved These Ads?
Senate Homeland Security Committee approves cybersecurity bill
Hearing Summary - Universal Service: Transforming the High-Cost Fund for the Broadband Era
Experts say wiretap law needs update for digital age
NEWS FROM THE FCC
Rural Health Care, Spectrum and Reform on FCC's July Agenda
FCC Stops Comcast-NBCU Shot Clock Again
Google, ISP talks home in on nondiscrimination rule
The FCC's minority report
Universal Service broadband buildout likely favors wireless
MORE ON INTERNET/BROADBAND
Experts Debate U.S. Global Broadband Rankings
WIRELESS
Class Action Against Apple and AT&T Is Amended
On New iPhone, a Mystery of Dropped Calls
PRIVACY
Twitter Settles Charges that it Failed to Protect Consumers' Personal Information
Lawmakers grill Apple CEO Jobs on location information gathering
To Stem Privacy Abuses, Industry Groups Will Track Web Trackers
EU Panel Rejects Opt-Out For Online Behavioral Advertising
Social Network Bill of Rights
HHS: Grappling with privacy vs. accessibility
ADVERTISING
FTC Offers Broad Interpretation Of Its Endorsement Guides
JOURNALISM
The Politico Opens the Kimono. And then Pretends it Never Happened.
McChrystal Affair Risks Military-Media Trust
Why Were South Carolina Voters So Uninformed?
Oil Saga Spills into Social Media
COMMUNITY MEDIA
This headline is presented in partnership with:
Libraries Connect Communities: Public Library Funding & Technology Access Study
School librarians read writing on the wall: Jobs are disappearing as the budget crisis deepens
Westmoreland libraries try to make up for drop in state dollars
Public library is quiet necessity in hard times
It Takes a Community to Reinvent Journalism
Philadelphia Children Develop Powerful Voices with Support of Temple University Partnership
Community Colleges Cutting Back on Open Access
MORE ONLINE
Gordon Snow, FBI's new top cyber cop
GSA's Tech Team Keeps Busy
Colorado makes big push for telehealth
BBC's Internet TV venture gains approval
NEWS FROM THE HILL
HOUSE PASSED DISCLOSE ACT
[SOURCE: The Hill, AUTHOR: Russell Berman]
On June 24, the House voted 219-206 to approve the DISCLOSE Act (HR 5175), a campaign finance bill to tighten disclosure requirements for corporate and union spending on political campaigns. The bill now heads to the Senate, where it faces a perilous path to passage.
benton.org/node/37257 | Hill, The | Reuters | B&C
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CYBERSECURITY BILL ADVANCES
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
On June 24, the Senate Committee on Homeland Security and Governmental Affairs approved a comprehensive cybersecurity bill after amending it to limit the president's authority in the event of a cyber emergency. The bill, co-sponsored by Sens Joe Lieberman (I-CT), Susan Collins (R-Maine) and Tom Carper (D-Delaware) would make the Department of Homeland Security responsible for protecting civilian networks in the government and private sector. The bill will now head to the full Senate for a vote, where it will likely be merged with other competing pieces of cybersecurity legislation. "These cyber attacks are increasingly more sophisticated, more persistent and more successful," Sen Carper said. "In short -- the status quo is simply not enough." The original bill gave the president indefinite emergency authority to shut down private sector or government networks in the event of a cyber attack capable of causing massive damage or loss of life. An amendment passed Thursday limits that authority further, requiring the president to get Congressional approval after controlling a network for 120 days.
benton.org/node/37247 | Hill, The
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TRANSFORMING UNIVERSAL SERVICE
[SOURCE: US Senate Commerce Committee]
On June 24, the Senate Commerce Committee held a hearing on transforming the Universal Service Fund from its traditional role of lowing monthly telephone bills to supporting broadband deployment and adoption. Although he did not chair the hearing, Commerce Committee Chairman Jay Rockefeller (D-WV) released a statement saying, "Universal service is a cherished principle. In years past, it has meant that this nation connects every community with basic phone service. But in years ahead, it must mean that we connect our communities with broadband. This subject is not simple, and updating the universal service system is not easy. But it is enormously important, and it is the right thing to do."
Sen Byron Dorgan (D-ND) chaired the hearing and in his opening remarks said that the National Broadband Plan is "dangerously undermined" by the Comcast/BitTorrent court decision. He said the Federal Communications Commission should reclassify broadband transmissions under Title II. But Sen John Ensign (R-NV) said that classifying broadband under Title II would work against the goal of universal deployment by discouraging investment. He said the areas that will suffer are not Los Angeles or New York, but the rural and high-cost areas that the Universal Service Fund is trying to reach.
Sens Ensign and John Thune (R-SD) both asked the FCC commissioners whether they thought the FCC could reform USF without reclassifying under Title II. Commissioner Meredith Baker said she thought there was enough authority under Title I for USF reform (though not for the FCC's proposed expansion and codification of network neutrality rules). Commissioner Michael Copps called it a "questionable proposition," and said it could suffer a death of a thousand cuts from lawsuit after lawsuit. Clyburn could not say it would be impossible to migrate the fund under Title I authority, but noted the BitTorrent decision had made it more difficult, and that the FCC's legal minds had said they didn't think it would be legally sustainable.
Sen Dorgan also asked the FCC commissioner why the FCC has called for broadband speeds in rural areas well below the speed goals set for most other Americans. Commissioner Clyburn said the four-megabits speed was picked because it is the speed currently enjoyed by most U.S. broadband subscribers. Commissioner Copps noted that the goal "is to get comparable service at comparable prices. Our focus is on getting broadband to folks at a level of other subscribers." Commissioner Baker added that the four-megabits goal for rural areas is just a recommendation and pledged to work with Congress on the issue.
benton.org/node/37256 | US Senate Commerce Committee | Chairman Rockefeller | Commissioner Clyburn | Commissioner Baker | Multichannel News | The Hill | TechDailyDose
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WIRETAP LAW NEEDS UPDATE
[SOURCE: The Hill, AUTHOR: Gautham Nagesh]
The law that governs when the government can intercept digital communications is outdated and badly in need of an update, a panel of experts told lawmakers on June 24. At a hearing in front of the House Subcommittee on Constitution, Civil Rights and Civil Liberties witnesses said Congress needs to update the 1986 Electronic Communications Privacy Act (ECPA), which protects citizens' electronic communications while in transit. Witnesses said the existing law doesn't address location-based mobile services and other newer technologies.
benton.org/node/37248 | Hill, The
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NEWS FROM THE FCC
FCC'S JULY AGENDA
[SOURCE: Federal Communications Commission, AUTHOR: ]
Here's the tentative agenda for the Federal Communications Commission's July 15 open meeting:
Rural Health Care Reform NPRM: A Notice of Proposed Rulemaking initiating reforms to the Universal Service Rural Health Care Fund to expand the reach and use of broadband connectivity by health care providers throughout the nation.
Spectrum Flexibility NPRM and NOI: A Notice of Proposed Rulemaking and Notice of Inquiry seeking comment on ways to encourage investment in terrestrial broadband services within spectrum allocated to mobile satellite services, while maintaining robust mobile satellite capability.
Electronic Tariff Filing NPRM: A Notice of Proposed Rulemaking seeking comment on streamlining the tariff filing and formatting process by transitioning from paper to electronic filing to reduce industry burden and promote an open, transparent, and efficient flow of information.
benton.org/node/37246 | Federal Communications Commission
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FCC STOPS MERGER CLOCK
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
The Federal Communications Commission is stopping the shot clock on the Comcast-NBC Universal merger for a second time. June 24 had been day 50 on what is an informal 180-day deadline for vetting the deal. The review began March 18. The FCC says that the companies returned incomplete answers and did not follow the directions in responding to a May FCC request for a raft of information from both on everything from organizational structure and channel lineups to copies of all programming agreements and detailed discussions of all deliberations in making content available online. The FCC sent letters to the two Thursday, informing them that the FCC would put the brakes on vetting the merger until such time as they had complied fully.
benton.org/node/37245 | Multichannel News
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FCC TALKS
[SOURCE: The Hill, AUTHOR: Sara Jerome]
Broadband regulation talks between warring companies have narrowed to the most contentious issues separating the stakeholders, homing in on impasses that have put tech companies and broadband providers at loggerheads for years. The talks focused in on the possibility of imposing a nondiscrimination rule on access providers. Providers have lobbied hard to fend off such a rule, which might make it difficult for them to charge Internet companies more to move certain content and applications (such as high band-width programs) over their networks. The companies are discussing whether such a rule would apply to wireless platforms, a topic dividing cable and wireless companies.
benton.org/node/37255 | Hill, The | read ex parte filing
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THE FCC'S MINORITY REPORT
[SOURCE: Connected Planet, AUTHOR: Kevin Walsh]
[Commentary] In the 2002 film Minority Report, Tom Cruise arrests innocent people because they will, at some point in the future, commit a crime. While the Federal Communications Commission's methods are considerably less egregious, there is a striking parallel between the sci-fi flick and the FCC's recently announced intention to reclassify broadband as a Title II service. The motivation behind this decision appears to be that without strong regulatory oversight, broadband operators will inevitably lapse into a range of bad behaviors that will harm consumers and web operators. So like the pre-crime unit in Minority Report, the FCC's mantra seems to be that it is better to stop them now than wait until they actually do something wrong.
benton.org/node/37254 | Connected Planet
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UNIVERSAL SERVICE, BROADBAND AND RURAL CARRIERS
[SOURCE: Connected Planet, AUTHOR: Joan Engebretson]
[Commentary] The Broadband Availability Gap, a Federal Communications Commission study, looks at the cost of bringing 4 Mb/s service to the 7 million U.S. homes that currently do not have broadband available to them. What they found was that 90% of those homes could be served most cost-effectively using broadband wireless at 700 MHz. The remainder, primarily in mountainous areas, could be most cost-effectively served using DSL. If the FCC moves ahead as it hopes to on Universal Service and if its cost study is accurate, it raises a lot of questions and issues for rural carriers:
1) 700 MHz spectrum holders. If broadband carriers are chosen based on who offers to deliver 4 Mb/s to unserved areas most economically and if the FCC's cost study is accurate, it suggests that rural carriers with 700 MHz spectrum are in the best position to be chosen.
2) Other rural carriers. All of this suggests that carriers that don't have 700 MHz spectrum would want to look closely at leasing some before they put in any bids on unserved areas.
3) Price cap carriers. The FCC has also noted that two-thirds of the 7 million homes that can't get broadband are in areas where the incumbent is not a rate-of-return carrier. Considering that the wireless units of price cap carriers AT&T and Verizon already have a lot of 700 MHz spectrum, they could also be well-positioned to receive Universal Service funding for the proposed broadband buildout.
4) Areas that already have broadband. The report suggests that some unserved rural areas will require some level of broadband Universal Service Fund support on an ongoing basis, so one would expect that some of the carriers that have already deployed broadband also might continue to be supported. But how will that determination be made? And will support somehow be scaled back if a carrier already offers service at rates above 4 Mb/s by using some sort of 4 Mb/s base case?
benton.org/node/37253 | Connected Planet
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MORE ON INTERNET/BROADBAND
US BROADBAND DEBATED
[SOURCE: BroadbandBreakfast.com, AUTHOR: David Cup]
At a forum hosted by the Information Technology & Innovation Foundation, panelists debated whether the United States is seriously lagging behind other countries on broadband access and if its place on the global stage is related to a failure of telecommunications regulation. Sascha Meinrath, director of the Open Technology Initiative at the New America Foundation, said the United States was a leader in broadband penetration, but has fallen behind in adoption. Meinrath showed how other countries have better penetration, cheaper prices and proactive broadband plans. Matthew Wood, associate director of the Media Access Project, focused on the U.S. failure in telecom regulation, pointing to three areas that he said are seriously lacking: universal service fund reforms, transparency regulations and competition policies. George Ford, chief economist for the Phoenix Center, the nation shouldn't focus so much on the rankings. Rather, it should care about the value. According to Ford, the U.S. broadband connection has a value of 75 times that of Finland. This makes workers more effective and produces a higher GDP output, he said. ITIF President Robert Atkinson said the United States is a leader in quality broadband, adding that the real problem is that only 62 percent of Americans have a computer at home. Combined with 96 percent of cable modem coverage, the problem simply is adoption, he said, and sometimes people just don't want it.
benton.org/node/37252 | BroadbandBreakfast.com
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WIRELESS
APPLE-AT&T SUIT
[SOURCE: New York Times, AUTHOR: Nick Bilton]
A lawsuit filed on June 9 against Apple and AT&T over the discontinued unlimited-data plan for the iPad 3G has been amended and re-filed to include additional iPad 3G customers. The suit, presented as a proposed class action lawsuit, currently names three individuals who claim that Apple and AT&T "baited" them into purchasing an iPad 3G with the promises of a flexible unlimited data plan, "only to have that promise reneged upon within weeks of their purchases." The case, filed in the United States District Court in San Jose (CA), represents customers from several different states. One of the lawsuits main contentions involves AT&T and Apple's claim that iPad 3G customers could easily opt-in and opt-out of an unlimited data connection on the iPad 3G without any penalty.
benton.org/node/37249 | New York Times
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DROPPED IPHONE CALLS
[SOURCE: New York Times, AUTHOR: Miguel Helft]
Apple's touch-screen smartphone has been a sensation since Day 1 three years ago, and many who own the device believe it to be almost perfect — if only it worked better as a phone. So it is not surprising that as the first boxes of the new iPhone 4 landed in the hands of the earliest adopters late Wednesday, the antenna's reception quickly became an Internet obsession. What surprised many of them: the precious little bars that signal network connections inexplicably disappeared when they cradled the phone in their hands a particular way. Sometimes, but not always, the cradling resulted in dropped calls. In the hours before Apple weighed in on the problem, iPhone fans turned to one another on the Internet in a zealous exercise in crowd-sourcing for answers to the mystery.
benton.org/node/37260 | New York Times
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PRIVACY
TWITTER AND FTC
[SOURCE: Federal Trade Commission, AUTHOR: Press release]
Twitter has agreed to settle Federal Trade Commission charges that it deceived consumers and put their privacy at risk by failing to safeguard their personal information, marking the 30th case the FTC has brought targeting faulty data security, and the agency's first such case against a social networking service. The FTC's complaint against Twitter charges that serious lapses in the company's data security allowed hackers to obtain administrative control of Twitter, including access to tweets that consumers had designated private, and the ability to send out phony tweets pretending to be from then-President-elect Barack Obama and Fox News, among others. Under the terms of the settlement, Twitter will be barred for 20 years from misleading consumers about the extent to which it maintains and protects the security, privacy, and confidentiality of nonpublic consumer information, including the measures it takes to prevent authorized access to information and honor the privacy choices made by consumers. The company also must establish and maintain a comprehensive information security program, which will be assessed by a third party every other year for 10 years. The FTC vote to accept the proposed consent agreement was 5-0. The FTC will publish an announcement regarding the agreement in the Federal Register shortly. The agreement will be subject to public comment for 30 days, continuing through July 26, 2010, after which the FTC will decide whether to make it final.
benton.org/node/37251 | Federal Trade Commission | AP | ars technica | B&C | Bloomberg | TechDailyDose
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GRILLED APPLE
[SOURCE: Washington Post, AUTHOR: Cecilia Kang]
On June 24, Reps. Ed Markey (D-MA) and Joe Barton (R-Texas), co-chairman of the House Bi-Partisan Privacy Caucus, sent a letter to Apple CEO Steve Jobs asking about recent press reports that the company has updated its privacy policies to alert users that it is collecting and using information about users' precise geographic location. The lawmakers said they were concerned that users appeared to automatically be included in Apple's gathering of geographic data unless they actively opt out of having information collected about them. "Given the limited ability of Apple users to opt out of the revised policy and still be able to take advantage of the features of their Apple products, we are concerned about the impact the collection of such data could have on the privacy of Apple's customers," the lawmakers wrote in the letter. The lawmakers ask for a response by July 12. [more at the URL below]
benton.org/node/37250 | Washington Post | Broadcasting&Cable
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ADVERTISING
FTC DISCLOSURE RULES
[SOURCE: MediaPost, AUTHOR: Wendy Davis]
People who endorse marketers for a fee on Twitter could disclose the payment by adding a hashtag like "#paid ad" or "#ad" to their tweets, the Federal Trade Commission said. That was just one piece of new advice from the FTC about how to interpret its revised guides to testimonials and endorsements, issued last October. The guides are not in themselves enforceable, but indicate the type of activity the FTC will consider deceptive. They specified that bloggers should reveal "material connections" to marketers -- including the receipt of free review copies -- when consumers would be surprised to learn of the connections. This week, the FTC published additional material about the guides, including answers to frequently asked questions. One of the questions addressed concerned how Web users could make adequate disclosures on Twitter, where posts are limited to 140 characters. The FTC suggested using a hashtag like "#paid ad," noting that it only required eight characters. The FTC also reiterated this week that its focus is on advertisers, not bloggers.
benton.org/node/37243 | MediaPost
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JOURNALISM
WHAT MEDIA REACTION TO MCCHRYSTAL TELLS US
[SOURCE: PressThink, AUTHOR: Jay Rosen]
[Commentary] As everyone who pays attention to the news knows by now, an article appeared in Rolling Stone this week by freelance reporter Michael Hastings that wound up forcing the resignation of General Stanley A. McChrystal as commander of American troops in Afghanistan. Hastings had been invited to hang out with McChrystal and his staff and was witness to their contempt for the civilian side of the war effort, which he reported on. It was a shock to everyone in Washington that McChrystal would make such a blunder, and the press began immediately to dissect it. The Politico was so hopped up about the story that it took the extraordinary step of posting on its site a PDF of Rolling Stone's article because Rolling Stone had not put it online fast enough. In one of the many articles The Politico ran about the episode the following observation was made by reporters Gordon Lubold and Carol E. Lee:
"McChrystal, an expert on counterterrorism and counterinsurgency, has long been thought to be uniquely qualified to lead in Afghanistan. But he is not known for being media savvy. Hastings, who has covered the wars in Iraq and Afghanistan for two years, according to the magazine, is not well-known within the Defense Department. And as a freelance reporter, Hastings would be considered a bigger risk to be given unfettered access, compared with a beat reporter, who would not risk burning bridges by publishing many of McChrystal's remarks."
Now this seemed to several observers—and I was one—a reveal. Think about what the Politico is saying: an experienced beat reporter is less of a risk for a powerful figure like McChrystal because an experienced beat reporter would probably not want to "burn bridges" with key sources by telling the world what happens when those sources let their guard down.
benton.org/node/37236 | PressThink
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COMMUNITY MEDIA
This headline is presented in partnership with:
LIBRARIES CONNECT COMMUNITIES
[SOURCE: American Library Association, AUTHOR: ]
Today's public libraries are vital community technology hubs that millions of Americans rely on for their first and often only choice for Internet access. Despite increased demand for library computers, however, libraries typically have not seen a corresponding increase in budgets and many are challenged to provide enough computers or fast-enough connection speeds to meet demand. The Public Library Funding and Technology Access Study is a multi-year project that builds on the longest-running and largest study of Internet connectivity in public libraries. The study assesses public access to computers, the Internet and Internet-related services in U.S. public libraries, as well as the impact of library funding changes on connectivity, technology deployment and sustainability in FY2007-2010. Built on the longest-running and largest study of Internet connectivity in public libraries, begun in 1994 by John Carlo Bertot and Charles R. McClure, this study provides information that can help library directors and library IT staff benchmark and advocate for technology resources in communities across the nation. The data are also of importance for policymakers at local, state, and federal levels, manufacturers of information and communication technologies, and the communities served.
benton.org/node/37232 | American Library Association
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SCHOOL LIBRARIAN JOBS ARE DISAPPEARING AS THE BUDGET CRISIS DEEPENS
[SOURCE: Associated Press, AUTHOR: Donna Gordon Blankinship]
Since few state or federal laws mandate school libraries or librarians, and their job losses are small compared with classroom teacher layoffs, library layoffs may seem minor to some observers. But librarians say few administrators or parents understand how involved they are in classroom learning and school technology. A trip to the school library may be a weekly highlight for children who love to read, but for kids from low-income families, it's more of the necessity than a treat, according to literacy experts and the librarians who help kids struggling in high school without a home computer. Unlike the overflowing bookshelves of wealthier families, 61 percent of low-income families own no age-appropriate books, according to a 2009 study commissioned by Jumpstart on "America's Early Childhood Literacy Gap." They depend on libraries to keep them from falling behind in school. While the American Association of School Librarians says some states like California, Michigan and Arizona have been hit especially hard, a map of cutbacks on the organization's website shows jobs are disappearing across the nation. "We're doing a disservice to our kids, especially those in poverty, if we don't have the resources they need," said association president Cassandra Barnett, who is also the school librarian at the Fayetteville, Ark., High School library.
benton.org/node/37231 | Associated Press
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