Benton RSS Feed
A federal judge gave preliminary approval to a negotiated settlement of a class-action lawsuit over Facebook's use of its members' names and photos in online advertising, while a public interest lawyer vowed to continue pressing objections that the deal fails to protect minors.
Under the settlement, Facebook would set aside $20 million to provide a cash payment of up to $10 each to Facebook users who objected to their names being used in so-called "Sponsored Stories" advertisements. Facebook also agreed to create new user controls that will let people opt out of the program. US District Judge Richard Seeborg ruled that the settlement meets the requirements for preliminary approval, adding in a written order that it "has no obvious deficiencies" and "appears to be the product of serious" negotiations between lawyers for Facebook and a group of users who filed suit against the ad program. Both sides told the judge last month they felt the agreement was a fair settlement. But attorneys for the nonprofit Center for Public Interest Law had argued that Facebook should be required to get affirmative consent from parents before using the name or photo of any Facebook user who is under 18. Center attorney Robert Fellmeth said Monday that he will file a further objection to the settlement and vowed to take the case to appellate court if Judge Seeborg grants final approval.
Facebook 'Sponsored Stories' settlement wins judge's approval
Sinclair Broadcast Group said that it closed on a number of deals to acquire and sell television stations nationwide.
The roughly $459.7 million in acquisitions adds two new markets for the company and additional stations in four markets where Sinclair already has a presence. Sinclair purchased seven stations from Newport Television. These include the following: WKRC in Cincinnati, Ohio; WOAI in San Antonio, Texas; WHP in Harrisburg, Pennsylvania; WPMI and WJTC in Mobile, Alabama; KSAS in Wichita, Kansas, and WHAM in Rochester, New York. The company also acquired Newport's rights under the local marketing agreements with WLYH in Harrisburg, Pennsylvania, and KMTW in Wichita, Kansas, as well as options to acquire the license assets. Sinclair also acquired WTTA in Tampa, Florida, which was previously operated by Sinclair as part of a local marketing agreement. It also purchased KBTV in Beaumont, Texas, which was previously owned by Nexstar Broadcasting. Sinclair also said that it closed on deals to sell its assets to Deerfield Media Inc. at KMYS in San Antonio and WSTR in Cincinnati, WPMI and WJTC in the Mobile market and KBTV in Beaumont. Sinclair will provide sales and other non-programming services to each of these five stations under shared services and joint sales agreements.
Sinclair Broadcast closes on TV station deals
Free Press policy director Matt Wood took issue with Federal Communications Commission Media Bureau Chief Bill Lake's defense of his chairman's media ownership item.
"[B]ased on what we do know, it is flat-out wrong to suggest that the top four ranking exemption would prevent ownership of a top TV station and a major newspaper in the same market," Wood said. Lake had said that suggestions the item would make it easier to own a top TV station and a major newspaper were off base. "Reports that the order would make it easier to own a top TV station and a major newspaper in a market are wrong," he said. "In fact, the order would strengthen the current rule by creating an express presumption against a waiver of the cross-ownership ban to allow such a combination." Wood said the FCC may be trying to put a damper on News Corp. buying the L.A. Times or Chicago Tribune, but even that "misses the mark," he said, since the Fox stations in L.A. and Chicago often are not in the top four in their markets due to the strength of the Univision stations there. "So, [News Corp. chairman] Rupert Murdoch could still target those flagship newspapers thanks to the rule change this chairman is proposing," he said.
"As for claims that the proposal is stronger than the current rule," said Wood, "what we have currently is a ban on newspaper/broadcast cross-ownership. We believe the Genachowski proposal for the top 20 markets is the same as the Kevin Martin proposal, which was thrown out by the court and rejected by Congress. All that the new proposal strengthens is the likelihood for increased media consolidation."
Free Press Takes Aim at Lake's Defense of Ownership Change
The Motion Picture Association of America released a study of the New York State Film Production tax credit and concluded that it generated $6.9 billion in economic spending and supported 28,900 jobs across all industries. The tax credit has been in effect since November 2004, and the MPAA study found that since then, spending in the state by producers has grown from $600 million in 2004 to $1.5 billion in 2001, up 155%.
MPAA Study Gauges Economic Impact of NY Tax Credits
They had a month—and now it's over. Any California mobile-app developers who don't have a privacy policy obviously available to consumers need to get one and fast. If they don't, they could be facing potentially massive fines: up to $2,500 per app download.
On October 30, California Attorney General Kamala Harris started notifying dozens of mobile-app developers that they weren't in compliance with a state law that requires all "commercial online services" that gather personal information to have a clearly displayed privacy policy. State lawyers are going to send out a wave of "up to 100" letters warning the developers to get in shape or face those fines.
California to app developers: get privacy policies or risk $2500-per-download fines
More than two-thirds of hospitals surveyed for a new study reported that their nurses use their personal smartphones while on the job for personal and clinical communications. Still, IT support for those devices is lacking.
The report, from Spyglass Consulting Group, showed 69 percent of hospitals indicating that their nurses use their personal mobile devices. They're often used to fill in communication gaps with the technology provided by hospital IT departments – which some nurses find difficult to use and complain has limited functionality, researchers found.
According to Spyglass' "Point of Care Computing for Nursing" report:
- Nurses aren't using tablet computers. Ninety-six percent of hospitals interviewed believe that first-generation tablets weren't a good fit for bedside nursing. Specifically, it pointed to the iPad, which was hindered by issues related to durability, infection control, limited data entry and lack of native applications.
- Wireless network problems persist. Twenty-five percent of care providers interviewed were dissatisfied with the quality and reliability of the wireless network within their facilities, the report found, with researchers finding that hospital IT must provide a more reliable and scalable wireless infrastructure to support an increasing number of wireless users, devices and applications required at point of care.
Nurses using smartphones to fill IT gaps
One of the latest reports analyzing the potential ramifications of a deficit reduction deal predicts tens of billions of dollars in increased spending for military cybersecurity and cyber weaponry.
Under one scenario, cyber funding would grow at the expense of personnel accounts. Savings of $55 billion from Defense Department payrolls would go toward space, cyber and communications activities. Under another scenario, officials would shift funds away from legacy aircraft programs, while devoting more than $121 billion to the cyber category. The figures are based on the possibility that Congress might allow the Pentagon flexibility to target reductions, rather than mandate across-the-board spending cuts, known as sequestration, prescribed under the 2011 Budget Control Act. Unless lawmakers negotiate a compromise, uniform sequestration decreases will hit all Pentagon and civilian accounts to the tune of $1.2 trillion. The scenarios were developed by seven teams of budget and military experts assembled by the nonpartisan Center for Strategic and Budgetary Assessments. Their estimates reflect the Pentagon’s previously-announced strategic shift from funding ground forces in the Middle East to concentrating spending on automated arms and surveillance.
Pentagon Cyber Activities Could Grab $120 Billion
Is Twitter more like a phone company or more like a newspaper? It's a laughably strained comparison — Twitter is Twitter, not some relic of a previous era — but the answer is central to understanding the pressures on large internet service providers to regulate what their users say. And as more and more speech takes place on the internet, the answer becomes more and more important: the future of free speech might have more to do with corporate censorship than the First Amendment.
The First Amendment is one of our country's most cherished institutions — and one of its most profoundly misunderstood. The confusion comes from those first five words: "Congress shall make no law." Congress isn't allowed to abridge your freedom of speech. That means the First Amendment only applies to the government, not private parties — as every kid eventually learns, your parents certainly don't have to respect your right to free speech. "Most first-year law students don't understand this point," says Geoffrey Stone, a constitutional law professor at the University of Chicago Law School. "They think their employer can't fire them because they criticized the president, and they're wrong." That also means that the First Amendment doesn't apply to Twitter or Facebook or Tumblr or any other private messaging platform.
Tweets of rage: does free speech on the internet actually exist?
Rupert Murdoch and his son James Murdoch want an American class action lawsuit against them and News International over the UK phone hacking scandal dismissed.
Not because they may have acted badly but, in a motion filed late last week, because they believe they didn’t break the Securities Exchange Act of 1934. “Even if plaintiffs disagree about how the misconduct at News of the World was handled, their claims sound in mismanagement, which does not as a matter of law state a securities fraud claim,” the Murdoch’s motion says. “It is well-settled that a plaintiff cannot bootstrap mismanagement claims into a federal securities law action.”
Rupert Murdoch & James Murdoch Want U.S. Hacking Lawsuit Dismissed
An Austrian student group said it planned to challenge Facebook’s privacy policies in Irish court in coming months, alleging that the social networking giant had failed, despite repeated requests and formal complaints made by its members, to adapt its privacy policy to the restrictions of European data protection law. The group, called Europe vs. Facebook, said it would begin collecting donations to challenge Facebook's privacy policy in Ireland, where the company’s European business is based. Max Schrems, an Austrian law student at the University of Vienna who organized the effort, said that Facebook has no interest in adapting its service to meet stricter European privacy requirements.
Austrian Group Plans Court Challenge to Facebook's Privacy Policies