August 2012

DoJ compares Apple and publishers to big oil in e-books case

In its response to recent filings from Apple, publishers and booksellers on its proposed e-book settlement with three publishers, the Department of Justice addresses few specific complaints. Rather, citing the “unmistakable consumer harm that has resulted from the conspiracy in this case,” the DOJ calls on Judge Denise Cote to approve the settlement without a hearing.

The DOJ shoots down the argument that e-books are different from print books but doesn’t elaborate on why they are the same (and doesn’t respond to the criticism that it has failed to take interrelated markets, like those for e-readers, into account). Rather, it says, “Railroads, publishers, lawyers, construction engineers, health care providers, and oil companies are just some of the voices that have raised cries against ‘ruinous competition’ over the decades,” and publishers should not be granted special treatment.

National Public Safety Network: $135 Million Set For Planning

As a national public safety broadband network begins to take shape, many state and local governments are looking to the federal government for guidance. The National Telecommunications and Information Administration (NTIA) has set aside $135 million in grant money to help municipalities get through the planning stages of the nationwide project. Born from the Middle Class Tax Relief and Job Creation Act of 2012 signed into law by President Obama in February, the NTIA has formed the First Responder Network Authority (FirstNet) as an independent body that will oversee the administration and development of a nationwide public safety broadband network (PSBN). State and local governments will give their input to FirstNet.

Local TV News Best Cable Nets In Reaching Key Voters

TV stations' newscasts reach key voters better than national cable news networks -- at least according to one TV trade association. Local TV early and late TV news programs in the top 10 markets have 32% of its viewership coming from the core "voting" demographic, those 35-54, per the TVB, the TV and local media advertising trade group, with analysis from Nielsen. By contrast, that demographic is underrepresented by prime-time cable news networks -- just 22%. The TVB says the top 10 markets' prime-time TV newscasts generally mirrors the U.S. population as a whole. Those 35-54 are 39% of all voters.

Consumer Watchdog Seeks To Weigh In On Google's Privacy Settlement

The advocacy group Consumer Watchdog is asking a federal judge for permission to weigh in against Google's plan to pay a $22.5 million fine to settle privacy charges with the Federal Trade Commission.

Consumer Watchdog argues that the deal in this case isn't appropriate because Google is denying liability. The nonprofit filed papers this week asking U.S. District Court Judge Susan Illston to allow it to submit a friend-of-the-court brief in the case. Consumer Watchdog -- which has long criticized the search giant -- also is asking Judge Illston to order the FTC and Google to more fully flesh out why they believe the settlement should move forward.

Press Coverage of the Character of the candidates is Highly Negative

On the eve of the conventions, the portrayal in the news media of the character and records of the two presidential contenders in 2012 has been as negative as any campaign in recent times, and neither candidate has enjoyed an advantage over the other, according to a new study of mainstream media coverage of the race for president.

More of what the public hears about candidates also now comes from the campaigns themselves and less from journalists acting as independent reporters or interpreters of who the candidates are. An examination of the dominant or master narratives in the press about the character and record of presidential contenders finds that 72% of this coverage has been negative for Barack Obama and 71% has been negative for Mitt Romney. The study, conducted by the Pew Research Center's Project for Excellence in Journalism, examined the personal portrayal of the candidate in 50 major news outlets over a 10-week period. These numbers make this as negative a campaign as PEJ has seen since it began monitoring the master narratives about candidates in press coverage in presidential campaigns in 2000. Only one campaign has been comparable-2004 when coverage was filled with the controversy over the war in Iraq, the prison scandal at Abu Ghraib and the Swift Boat documentaries. That year, 70% of the personal narrative studied about Democrat John Kerry and 75% of that about incumbent George Bush was negative, numbers similar to now.

Building-Blocks of a 21st Century Digital Government

August 23 marks three months since we released the Digital Government Strategy – as part of the President’s directive to build a 21st Century Government that delivers better services to the American people. Executing on this vision of government cannot happen alone. To provide the highest value of services, we must rethink from step one how government builds and provides services for the American people. We must unlock rich government data, information and services so that everyone from citizen developers and private sector entrepreneurs, to our very own Federal agencies can help provide the American people with the access to these services “anywhere, anytime, on any device.” Today agencies are making great strides towards putting a solid foundation for a 21st Century Digital Government in place.

White House Launches Presidential Innovation Fellows Program

US Chief Technology Officer Todd Park announced the first class of “Presidential Innovation Fellows.” Selected from an applicant pool of nearly 700 innovators from across the country, the 18 “Fellows” have agreed to spend six months in Washington to work on five high-impact projects aimed at supporting entrepreneurs, small businesses and the economy, while significantly improving how the Federal Government serves the American people.

Blue Button for America will spread the ability for millions of Americans to easily and securely download their own health information electronically, all while fueling the emergence of time and money saving products and businesses.
RFP-EZ aims to develop an online marketplace that will make it easier for the government to do business with small high-growth tech companies, and enabling the government to buy better, lower-cost tech solutions from the full range of American businesses.
MyGov will create a prototype of a streamlined online system enabling citizens to easily access the information and services from across the Federal Government.
The 20% Initiative will work to transition “the last mile” of international development assistance payments from cash to electronic methods – lowering administrative costs, promoting financial inclusion, and reducing theft, fraud, and violence.
Open Data Initiatives will accelerate and expand Administration efforts to make government data more publicly accessible in “computer-readable” form and spur the use of those data by entrepreneurs as fuel for the creation of new products, services, and jobs.

In a Blow to Hulu, Judge Rules Video Privacy Law Applies Online

Hulu could be on the hook for potentially millions of dollars in damages for allegedly transmitting consumer viewing habits to third parties, after a federal magistrate ruled that online video watching is protected by U.S. privacy law.

In a proposed class-action against Hulu, U.S. Magistrate Laurel Beeler ruled the Video Privacy Protection Act of 1988 applies to Hulu. The popular video-streaming service, a joint venture between NBC, Fox and Disney, argued that the 1988 act, passed to protect video-store rental records, did not apply to streaming services. “The question is whether the mechanism of delivery here — streaming versus bricks-and-mortar delivery — ends this case at the pleading stage. Hulu’s remaining argument is only that it is not a ‘video tape service provider’ because the VPPA does not expressly cover digital distribution (a term that did not exist when Congress enacted the statute). Given Congress’ concern with protecting consumers’ privacy in an evolving technological world, the court rejects the argument,” Judge Beeler wrote in an order.

Digital gaining on newspapers faster than thought

This year will be the point at which digital overtakes newspapers' share of the global advertising market to become the second largest medium, according to the latest spending forecast from Carat. Digital, which in Carat's view comprises search, display, online video, social media and mobile, will take a 15.3% share this year with newspapers on 14.4%. The latest prediction revises Carat’s March forecast, which tipped digital for a 14.5% share and newspapers for 15% this year and put the crossing point in 2013.

Hate Speech On Commercial Talk Radio Could Negatively Impact Listeners' Health

A pilot study released by the National Hispanic Media Coalition ("NHMC") and the UCLA Chicano Studies Research Center ("CSRC") found that listeners subjected to hate speech targeting vulnerable groups experienced an increase in the production of a stress-related hormone that could, over time, have a significant negative impact on the listener's health. Findings suggest that increased production of this hormone occurs regardless of listeners' race, ethnicity, nativity, or ideological alignment with the speaker, suggesting that hate speech may harm not only its targets, but all that hear it as well.

Researchers collected readings of various biological data (known as "biomarkers") from live subjects before and after they listened to a 23-minute segment of The Savage Nation, a nationally-syndicated commercial talk radio show hosted by Michael Savage. The segment was chosen due to the prevalence of hate speech targeting vulnerable groups in the clip. After analyzing changes in the biomarkers, researchers observed a statistically significant correlation between changes in clinical anxiety and the production of salivary cortisol, a hormone that when chronically elevated could potentially influence the onset or development of pathophysiological processes or diseases such as cancer or chronic inflammatory diseases. The report recommends further research with a larger sample size and a control group.

Benton

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