May 2011

Federal Trade Commission Should Extend Google Buzz Settlement Terms to All Google Properties

[Commentary] In comments filed with the Federal Trade Commission, the Center for Digital Democracy called for the conditions imposed on Google as a result of its proposed Google Buzz settlement to extend as well to the company’s vast online advertising holdings.

Under that settlement, Google agreed to refrain from future privacy misrepresentations, to implement a “comprehensive privacy program,” and to submit to regular, independent privacy audits for the next 20 years. These conditions, the CDD’s comment made clear, must apply with equal force to such Google holdings as the Google Content Network, DoubleClick, DoubleClick Ad Exchange, Admob and its related mobile ad services, Invite Media, and Teracent. The FTC, according to the CDD, should examine each “certified” partner that Google permits to operate on its Content Network, for example, and then order those companies to provide consumers with both accurate information and control over what and how their data are collected and used. So, too, should the dozens of data-mining companies that Google has certified, and that engage in real-time ad exchange sales of users, social media surveillance, and behavioral targeting and retargeting, be held to the new FTC-sanctioned privacy safeguards. CDD’s filing offered numerous examples of privacy-related data collection practices undertaken by Google and its subsidiaries and affiliates in both the online and mobile arenas. The Google/DoubleClick Ad Exchange, for example, “must be required to adopt a range of additional privacy and consumer protection safeguards.” CDD urged the FTC to also ensure that Google, under the decree, develop safeguards addressing neuromarketing, the targeting of Hispanics and other multicultural groups, and adolescents.

Comcast Must Do Better on Local News to Meet Merger Promises

A new Free Press report reveals deep disparities between the amount of local news offered on Comcast's English- and Spanish-language stations. To justify its takeover of NBC Universal, Comcast committed to increasing local programming across its newly acquired NBC and Telemundo stations for a period of five years. The Federal Communications Commission requires Comcast to file quarterly localism reports for each of the 25 stations to ensure that the company follows through on its promise. The report examines the first filings submitted since the cable giant took over NBC in January. It offers the first glimpse of Comcast’s compliance with a merger condition required by the FCC that seeks to increase local news programming at Telemundo and NBC stations owned and operated by Comcast.

Key findings:

  • Comcast has committed to increasing local news production in only six of the 15 communities served by its Telemundo owned-and-operated stations (O&Os).
  • While local news and public affairs programming represents less than 20 percent of weekly programming time for NBC O&Os, it represents less than 3 percent of weekly programming time for most Telemundo O&Os.
  • NBC stations average about four hours and 42 minutes per day of local news. Telemundo stations on average air only 48 minutes per day of local news.
  • In Los Angeles, the NBC station provides nearly four hours per day of local news. The local Telemundo station serving Los Angeles provided less than one hour.
  • In New York, the NBC station provided close to six hours per day of local programming. The local Telemundo station only provided an average of 30 minutes per day.
  • Telemundo stations in Boston and Denver aired no local news or information programming between January and April 2011.

The report also finds that Comcast failed to properly report to the FCC on its programming, obscuring the true nature and amount of programming being claimed as local news.

  • Comcast failed to include any descriptions of the programs listed in its localism filings. Without these descriptions, it is difficult for the public and the FCC to determine with any accuracy whether the programming listed actually meets the merger commitment.
  • More than 1,000 hours that Comcast claimed as local news programming were actually commercials aired during broadcasts.

Best Practices for Enhancing Diversity in the High-Tech Workplace

Last week, Comcast announced that it is creating a new position in the company called “Executive Director of Diversity and Inclusion” and appointed Maria G. Arias to take on its responsibilities. Arias will “direct, manage, and organize Comcast’s diversity program strategy,” which includes important issues such as minority recruitment, career development, suppliers, and programming. Named one of the “100 Most Influential Minorities in Cable” in 2010, Arias is well positioned to serve as a role model for minorities considering careers in the telecommunications and high-tech sectors.

Comcast and other broadband service providers have long been leaders in developing minority workforces. This recent announcement is great news for minority communities that are yearning for increased minority-focused content and general inclusion in the digital media sector. But more work needs to be done across other parts of this emerging ecosystem, including the high-tech sector. The San Jose Mercury News published an article last year disclosing figures that revealed just how few minorities are employed by firms operating in Silicon Valley, our nation’s leading hub for innovation. As previously discussed on BBSJ, these findings are highly discouraging.

Nevertheless, minority employment in high-tech appears to be improving, albeit slowly. Following the lead of companies like Comcast, a growing number of high-tech firms are promoting tech-based educational programs and embracing in-house diversity initiatives. The Information Technology Industry Council, for example, has reported that Cisco has deployed a number of educational projects focused on building “tomorrow’s workforce,” many of which target minority students enrolled in science, technology, engineering, and mathematics (STEM) programs.

Net Freedom Fighters and the Digital Age Revolution

One only need look to the revolution in Tunisia, sometimes called “the Jasmine Revolution,” to see how technology, the Internet, and social media are changing the progression of political transitions in the 21st century.

It would be naïve to think that the Internet and social media sites were the reason that any of these revolutions occurred. All of the necessary elements for unrest were there, including economic concerns and repression. Technology, however, allowed for a timely exploitation of those elements, enabling opposition to unite and act more readily. Technology has also afforded the global community a view that was heard of, but until now unseen. In a world where millions of people are still oppressed and government corruption is rampant, Internet access is paramount. But even in technologically advanced countries like the United States, there are still millions of people without access – let alone the rest of the world. Let us hope the whole world can become digitally connected so we can all move toward a brighter future.

The President on Facebook: A New Way to Make Age-Old Connections

[Commentary] American presidents have always reached out to the public. From the beginning, our presidency was created to be something distinct from the monarchs of Europe. Here, the door was always open. Literally, in the case of Andrew Jackson, who opened the White House to any and all. Americans took advantage of the invitation, coming to Pennsylvania Avenue and leaving food, gifts and messages. This stream of visitors formed a curious and colorful line through the Jackson presidency, and they were not all citizens — one official reported finding a goat wandering the halls. The modern world has placed limits on this openness. A president’s exposure to the public was restricted after the assassination of President John F. Kennedy, and tightened further after President Ronald Reagan was shot. The terrorist attacks of September 11, 2001, brought fundamental changes. Walls went up, security was hired, and the guardians of official Washington began to see the public itself as a threat. The president’s access, what little remained at that time, evaporated. It took the freshest of modern technology — Facebook and broadband access — to carry our politics back through the open door. Obama’s use of Facebook was a new form of political communication, and we will see more of it in the future. The fact that millions of Americans will be left out because they don't have a Web connection gives new urgency to the One Economy campaign and its work to extend opportunities for broadband Internet access to every household.

FCC's Ex Parte Follow-Up Paperwork Requirements Expanded

[Commentary] Folks trying to get their way at the Federal Communications Commission routinely engage in what we professionals refer to as “ex parte” contacts – which usually consist of face-to-face, one-on-one meetings with FCC Commissioners and/or staff. Such meetings theoretically provide an up close and personal opportunity for the outside party to pitch its side of some issue to the regulators. Ex parte meetings can be useful, but they also can be problematic from the perspective of due process and fairness.

The term “ex parte”, after all, derives from the Latin for “one-sided”. If the issue which the private party is pitching in the meetings is contested, what are the chances that the other side of that issue will be fairly and accurately presented? (Non-FCC illustration: how would you feel if you found out that your soon-to-be-ex-spouse had had a private tête-à-tête with the judge presiding over your hotly-contested divorce case?) In order to assure itself maximum access to potentially useful information (through, e.g., ex parte contacts) while still preserving at least the illusion of fairness and openness in the decision-making, the FCC has crafted a number of rules to govern the ex parte process. Those rules prohibit ex parte contacts in certain types of proceedings; in other types, such contacts are permitted as long as the private party follows up the meeting by submitting a notice summarizing the gist of the meeting (including any written materials that might have been handed out during the meeting). That notice is then placed in the FCC’s public files so that, theoretically, anyone with an interest in the proceeding at issue will be alerted to the meeting.

PR Industry Fills Vacuum Left by Shrinking Newsroom

In their recent book, "The Death and Life of American Journalism," Robert McChesney and John Nichols tracked the number of people working in journalism since 1980 and compared it to the numbers for public relations.

Using data from the U.S. Bureau of Labor Statistics, they found that the number of journalists has fallen drastically while public relations people have multiplied at an even faster rate. In 1980, there were about .45 PR workers per 100,000 population compared with .36 journalists. In 2008, there were .90 PR people per 100,000 compared to .25 journalists. That's a ratio of more than three-to-one, better equipped, better financed. The dangers are clear. As PR becomes ascendant, private and government interests become more able to generate, filter, distort, and dominate the public debate, and to do so without the public knowing it. "What we are seeing now is the demise of journalism at the same time we have an increasing level of public relations and propaganda," McChesney said. "We are entering a zone that has never been seen before in this country."

Want To Be Like Jon Stewart? New Governmental Open Data Standards Are For You

House Speaker John Boehner and Leader Eric Cantor sent a note to the House Clerk that told her to prepare "publicly releasing the House’s legislative data in machine-readable formats."

Currently, the public record is not stored in a standardized format, so it's difficult for developers to build software that can sort through all of the data, such as committee hearing transcripts, amendments, and upcoming items. Daniel Schuman, policy counsel for the Sunlight Foundation, a transparency watchdog and platform developer organization, says that machine-readable data will have exciting new consequences for democracy. First, reams of video and public transcripts will become easily searchable. The power of uncovering embarrassing statements has, for the past decade, best been illustrated nightly by political comedians like Stewart and Stephen Colbert. While campaign speeches, TV interviews, and debates are often carefully sanitized partisan rallying cries, the substantive conversations of congressional subcommittees reveal the political underbelly of an institution steeped in quid pro quo politicking, shallow understandings of legislation, and the occasional off-the-wall crazy statement. Computer searchable transcripts may make finding these gems much easier. Second, Schuman says that programmers might be able to uncover interesting patterns of influence, such as how talking points ripple throughout the unconscious lexicon of Capitol Hill. For instance, do congressmen parrot the arguments and phrases of Rush Limbaugh or Rachel Maddow? Computational advances in social networking analysis could easily be applied to transcript data, revealing fascinating epicenters of influence. Finally, Digital Communications Director for Cantor, Matt Lira, is most excited for the innovative ways that entrepreneurs can make volumes of raw data commercially useful. In part, this is because "The government, in general, is pretty lousy at interfaces," admits Lira. In an interview with Wired, U.S. CIO Vivek Kundra recounts the history of how data has led to enormous market opportunities for tech entrepreneurs.

E-Prescribing and Standards for E-Prior Authorization

Recently, colleagues have raised questions about pending state legislation related to electronic prescribing (e-prescribing) and in particular the concept of electronic prior authorization (ePA) for medications.

We thought it would be helpful to discuss what we know about the current state of e-prescribing and ePA. E-prescribing provides significant advantages in contrast to its paper analog. Coupled with other complementary technologies, such as drug-drug interaction checking, e-prescribing can improve patient safety, increase prescribing accuracy and efficiency, and lower costs by notifying providers of generic or preferred drug list alternatives.

Over the past three years, Congress has signaled its support for e-prescribing by promoting its use in two major laws: Medicare Improvements for Patients and Providers Act of 2008 (MIPPA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act. The HITECH Act covers certain eligible professionals seeking to become meaningful users of certified electronic health record (EHR) technology in the Medicare and Medicaid EHR Incentive Programs. Below are a few points that address some of the questions raised by our state colleagues as they consider e-prescribing related legislation.

It is useful to keep apprised of the technical requirements (capabilities and technical standards) that are currently part of Federal health IT programs to ensure consistency and avoid potential conflicts.

While ONC requires as a condition of certification (for the purposes of meaningful use) that EHR technology be capable of generating and transmitting electronic prescriptions, certification does not require that EHR technology also be capable of performing electronic prior authorization.

We are not aware of a widely adopted, common, industry transaction standard that has been demonstrated to support real-time ePA, nor are we aware of a common or universal electronic format that has been demonstrated to facilitate distribution of prior authorization forms. We are aware of work that has been done by the National Council for Prescription Drug Programs (NCPDP) to create an XML-based ePA messaging standard and a real-time eligibility check messaging standard. We understand that these are draft standards that have not yet been tested in pilots and have not been fully “balloted” (voted on) through NCPDP’s process or been finalized as American National Standards Institute (ANSI)-accredited standards.

There is a lack of established and fully vetted standards to support ePA and the current lack of capability to support ePA in implemented EHR systems. Therefore, requiring real-time electronic prior authorization as a prerequisite technical capability before health care providers could e-prescribe and/or access drug formulary information may be difficult to implement, and could otherwise prevent providers from being able to e-prescribe. If such requirements prevent providers from being able to e-prescribe, it could also keep them from being able to participate in the incentive programs noted above.

Changes coming to Universal Service Fund

[Commentary] On February 8 the Federal Communication Commission (FCC) issued a Notice of Proposed Rule Making (NPRN) relating to broadband access and the use of the Universal Service Fund.

The NPRM states that “while most Americans have access to broadband, as many as 24 million Americans, one in thirteen of us, live in areas where there is no access to any broadband network, fixed (e.g., DSL or cable Internet service) or mobile.” In Northwest Minnesota, almost 3,700 households fall into this category. This is the primary reason that the IMPACT 20/20 Taskforce for Broadband is urging changes to the Universal Service Fund (USF) that would include support for high-speed broadband. It is safe to say that the current process is not working and that we need change in the USF to bring Broadband to every American household. The differences in opinion occur when the discussion turns to the funding of USF and how it will be used to provide maximum benefit to the country. Currently, USF does not underwrite the cost of high-speed broadband – it is only used to underwrite the cost of telephone service. The February 8 NPRM proposes to change the use of the USF to include support for high-speed broadband. The NPRM is long (289 pages) and complex. The process of change will be lengthy and the end result may be significantly different from the current contents of the NPRM. However, the FCC Commissioners appear to be ready to deal with the tough issues.

[Vyskocil is president of the Northwest Minnesota Foundation and a member of the IMPACT 20/20 Taskforce for Broadband.]