June 2011

Commerce Department Supports Privacy Bill

The Department of Commerce's General Counsel, Cameron Kerry, will testify before the Senate Commerce Committee June 29 and plans to say that the Administration backs consumer data privacy legislation that includes a privacy bill of rights and codes of conduct produced in concert with industry and enforceable by the Federal Trade Commission, but it also stresses there are necessary limits to government action.

He'll also say:

  • Legislation should not create "overly burdensome regulatory requirements" for businesses that already adhere to the privacy principles embodied in that legislation.
  • Legislation should be technology neutral, both so that firms have compliance flexibility, including to adhere to the principles but use data in ways the bill might not anticipate.
  • Legislation should be a basis for greater cooperation between nations and reduced compliance "burdens" for U.S. companies abroad.

FCC Told That App Developers Lack Incentives To Protect Privacy

Privacy advocates as well as some companies have long expressed support for "baseline" privacy legislation modeled on fair information practices principles. While details of exact proposals vary, many proponents say that at a minimum, companies should make clear what information is gathered and why, and allow consumers to decide whether they're willing to agree to the data collection. Online ad companies have tended to oppose new laws, arguing that they already voluntarily notify consumers about privacy issues and allow them to opt out of the use of their data (though not its collection).
Now that smartphone apps have become more popular, and drawn more scrutiny, however, it's clear that many -- perhaps most -- of the companies collecting data about mobile users don't inform them about information-gathering techniques or about how that data is shared. A study by the Future of Privacy Forum found that 22 of the top 30 apps lack privacy policies; other studies have shown that many apps transmit data about users, including their devices' unique identifiers.

Comcast Exec to Network Bigs: 'We have to get out of our own way'

"We have to get out of our own way." That was the message Matt Strauss, Comcast's senior vice president of Interactive media had for his fellow panelists at the opening of the PromaxDBA conference. At points, Strauss sounded a chiding note, saying that the networks are acting too slowly to bring their content to a variety of different video platforms. ”People don't care, they don't want to hear why certain things are on certain platforms. They just want it,” he said. The future of “television” that Strauss envisions doesn't center on traditional TV at all, but on the plethora of portable and non-portable devices -- from iPads to laptops to phones and Internet-enabled flat-screens -- that viewers are increasingly turning to for their video content.

NFL to FCC: Leave Sports Blackout Rule Alone

In comments filed at the Federal Communications Commission on retransmission consent, the National Football League told the FCC not to tinker with the sports blackout rules, which prevent cable or satellite providers from carrying an NFL game when the over-the-air broadcast is blacked out due to lack of attendance at the game.

The Sports Fan Coalition wants the FCC to waive the rule so that viewers would have alternative outlets for league games if broadcasters pull their signals during retransmission stalemates. "[T]he Commission would allow sports fans to watch a local game they otherwise would be unable to view, while spurring the broadcast and pay-TV companies to reach a negotiated solution," the coalition argued in its initial comments in the proceeding. In reply comments filed June 27, the NFL countered that waiving the rule would "undermine the retransmission-consent regime and give cable and satellite operators excessive leverage in retransmission-consent negotiations."

Literary Agency Reacts To Concerns About E-Services ‘Conflict Of Interest’

When literary agency Dystel & Goderich announced June 27 that it would be providing e-book services to its authors, it stressed that it has “no intention of becoming [an] e-publisher” (as a few other literary agencies have done) and that it would not “muddy the waters” by competing with traditional publishers. Now, the agency’s Miriam Goderich responded to more concerns about a conflict of interest.

“If we don't offer [e-book services], our clients will either miss out on the opportunity, go it alone (which some may do, but many will not want to), or be forced to seek out another company that might not have their best interests at heart, as we know we do,” Goderich writes on the company’s website, adding, “We will also not be forcing any of our clients who want to self-publish to work with us on it, and if they do choose to, we will not be forcing them to choose our cover designers, copyeditors, etc.”

Olympic Social Media Guidelines In Full: Athlete Photos But No Video

News media this week reported next year’s London Olympics will allow athletes to tweet from the Summer Games.

In fact, that consent was contained in general guidelines applying to all social media, which were issued to athletes back in May and which themselves are a variant of guidelines issued for Vancouver 2010 and, later, the Youth Olympic Games in Lausanne. They are permissive yet notably try to protect broadcasters and sponsors. Video and audio from within venues is banned and other material must be “in a first-person, diary type format and should not be in the role of a journalist”. Athletes are forbidden from promoting their sponsors in social media. In parts, the guidelines are loose enough to potentially be contradictory. Athletes are allowed to “post still photographs” from inside venues but not to “distribute these photographs.”

NBC's 'The Playboy Club' Finds New Salt Lake City Affiliate

After being dumped by the NBC affiliate earlier this month, NBC's The Playboy Club has found a new home at Salt Lake City's My Network affiliate, KMYU. The station will air the soapy drama, which stars Eddie Cibrian and Amber Heard in a 1960s-set club where crooners, mob bosses and politicians mingle among Chicago’s elite, in its regular Monday night slot this fall. The move, which was first reported by TV Guide, follows a mid-June decision by KSL-TV to opt out of airing the network drama because of objectionable content. At the time, the Utah station, which has ties to the Mormon Church, argued that the series didn't fit with its mission.

After 26 Years, Shaper of an Influential Radio Station Signs Off

Ralph Jennings was packing up his things after 26 years at WFUV-FM, where he had transformed a chaotic college radio station at Fordham University with a tiny audience into one of the leading public radio outlets in the country and a rare cultural force.

More than half a century ago, he discovered the force of broadcasting could bend the steel of the world into a better, fairer place — for anyone willing to crawl under a desk, stretch a roll of electrician’s tape or hang a length of cable. Or, as in the case of Dr. Jennings, to do all that, and also travel to corners of the country where radio and television stations practiced open bigotry in their programs and hiring, but could be pressed to change.

Co-Founder Stone Leaving Twitter

Biz Stone, who helped launch the microblogging service in 2006, is leaving day-to-day work at the company.

Although he will remain involved with Twitter, most of his time will be spent on the relaunch of the start-up where Twitter was first developed: the Obvious Corp. (The Obvious Corporation develops systems that help people work together to improve the world.) The departure marks the latest shift among the executive ranks at Twitter. Jack Dorsey, who came up with the idea for the microblog, returned in March as product chief, two years after being replaced as chief executive by the third co-founder, Ev Williams. Williams stepped down as CEO in October and was replaced by current CEO Dick Costolo. Over the past few years Stone has taken on the role of Twitter's evangelist, going on television talks shows to promote the service. The changes have come as Twitter tries to develop its advertising business and aims to make its service more useful for mainstream users. A study in June found that 13% of adults in the U.S. use Twitter -- a number that is growing but still lags behind the percentage of people who use other popular Web tools, like Facebook. Stone said that as Twitter has grown, it has become clear to him that his time could be better spent elsewhere.

Google taps former Microsoft prosecutor amid probe

As Google tries to fend off a US probe of its multibillion-dollar search business, it has been quietly adding to its stable of antitrust advisers, which includes a former Microsoft prosecutor.

Jeffrey Blattner, a former Department of Justice attorney who helped supervise the government's litigation against Microsoft in the 1990s, was one of a handful of Google representatives who attended a briefing for the American Antitrust Institute earlier this year, according to Robert Lande, an AAI senior fellow. Blattner joins a roster of antitrust heavyweights from outside law firms who are expected to aid the search giant as it engages with the Federal Trade Commission. The agency has launched a formal investigation into Google's search business, the company disclosed last week.