September 2006

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NEWS FROM THE COURTS
Judge Allows NSA Wiretaps for another Week
Texas Cable Suit Dismissed
Judge rules against Morpheus file-sharing

NEWS FROM CONGRESS
House OKs Expanded Wiretap Program
Lawmakers Ask for Delay of AT&T's Purchase of BellSouth
Lawmakers urge House vote to ban pretexting

MEDIA OWNERSHIP
AFTRA Rallies Members For FCC Hearing

CHILDREN & MEDIA
Study: Ed Tech has Proven Effective
AAAAs Praises Obesity Task Force

QUICKLY -- Senate Commerce Committee Approves CPB Nominees; 107
Million Viewed Online Video in July; Ball State Creates News
Research Institute; Top 10 FCC Violations; FTC Warns Of Deceptive
Spanish-Language Ads; Hollywood Says Piracy Has Ripple Effect

NEWS FROM THE COURTS

JUDGE ALLOWS NSA WIRETAPS FOR ANOTHER WEEK
[SOURCE: Reuters]
U.S. District Judge Anna Diggs Taylor, who ordered a halt to the Bush
administration's program of domestic wiretapping, on Thursday allowed
the surveillance to continue for a week to allow an appeals court to
weigh in on an issue expected to end up with the U.S. Supreme Court.
Judge Taylor in Detroit denied the Justice Department's request for a
lengthy stay pending an appeal of her August ruling that the National
Security Agency's five-year-old surveillance program violates the
civil rights of Americans. Instead, Judge Taylor gave the government
a seven-day window to get a stay from a federal appeals court before
that court hears arguments on the legality of the wiretap program.
http://today.reuters.com/news/newsarticle.aspx?type=newsOne&storyID=2006...

TEXAS CABLE SUIT DISMISSED
[SOURCE: Multichannel News, AUTHOR: Ted Hearn]
A federal judge in Texas Thursday tossed out the cable industry's
suit aimed at overturning the state's cable-franchising law that went
into effect last September. U.S. District Judge Lee Yeakel dismissed
the case by the Texas Cable & Telecommunications Association, holding
that it was too early to determine whether the economic impact of the
law could support the TCTA's claims of unconstitutionality. "Until
TCTA can establish the [law's] harmful impact on its incumbent cable
providers, TCTA's claims are not ripe for the court's consideration,"
Yeakel said in an eight-page opinion. The TCTA alleged that the law,
because it treated incumbents differently from new entrants seeking
franchises, violated federal cable law and several provisions of the
federal constitution.
http://www.multichannel.com/article/CA6376288.html?display=Breaking+News

JUDGE RULES AGAINST MORPHEUS FILE-SHARING
[SOURCE: Reuters]
In a victory for the entertainment industry, a federal judge has
ruled that the Morpheus file-sharing software encourages millions of
users to share music, movies and other works without authorization.
U.S. District Judge Stephen Wilson ruled on Wednesday that StreamCast
Networks Inc., the distributor of Morpheus, had contributed to
massive copyright infringement because it had constructed a business
model that relied on massive copyright infringement and did not
attempt to block the trading of copyrighted materials.
http://today.reuters.com/News/newsArticle.aspx?type=technologyNews&story...

NEWS FROM CONGRESS

HOUSE OKs EXPANDED WIRETAP PROGRAM
[SOURCE: Los Angeles Times, AUTHOR: Richard B. Schmitt]
The House voted late Thursday to rewrite the nation's domestic
wiretap laws, giving President Bush new power to monitor the e-mail
and phone records of U.S. citizens during terrorism investigations
without having to obtain court approval. But lawmakers were unlikely
to deliver final legislation to the White House before leaving this
weekend for the election campaign, a setback for the administration,
which has made national security a pillar of its strategy to maintain
Republican control of Congress. The House measure would endorse the
once-secret program Bush launched after Sept. 11, authorizing the
National Security Agency to monitor international communications
between terrorism suspects and people in the U.S. without first
obtaining warrants. It would also set new rules for warrantless
surveillance during emergencies and give Congress a bigger role in
monitoring the surveillance. The measure was approved, 232 to 191,
with 18 Democrats supporting it. Thirteen Republicans opposed the bill.
http://www.latimes.com/news/printedition/asection/la-na-wiretap29sep29,1...
(requires registration)
* HOUSE POISED TO PASS WORST VERSION OF WILSON NSA BILL
[SOURCE: Center for Democracy & Technology]
The full House of Representatives appears poised to vote on a version
of the Wilson wiretapping bill (H.R. 5825) that includes the worst
elements of earlier versions of the bill approved by the House
Judiciary and Intelligence Committees. CDT opposes this bill and its
counterpart in the Senate, the Specter-Cheney bill. September 28, 2006
New CDT Analysis: Wilson Bill: http://www.cdt.org/security/20060928analysis.pdf
Group Letter Opposing Latest Version of Wilson Bill:
http://www.cdt.org/security/20060928wilsonletter.pdf

LAWMAKERS ASK FOR DELAY OF AT&T'S PURCHASE OF BELLSOUTH
[SOURCE: Associated Press]
Reps. F. James Sensenbrenner Jr. (R-WI) and John Conyers Jr. (D-MI),
the chairman and the top Democrat on the House Judiciary Committee,
have asked the Justice Department to delay approval of AT&T Inc.'s
$67-billion purchase of BellSouth. In a letter to Atty. Gen. Alberto
R. Gonzales on Wednesday, they asked for the delay until a federal
judge decides whether SBC's purchase of AT&T, as well as Verizon's
acquisition of MCI, were in the public interest. On Thursday, the
chairman of the Senate subcommittee that deals with antitrust
matters, Sen. Mike DeWine (R-OH), added his voice to the cautionary
chorus. He and the panel's top Democrat, Sen. Herb Kohl of Wisconsin,
asked the Justice Department and the Federal Communications
Commission to consider imposing conditions on the acquisition "if
they are necessary to help ensure that the telecommunications market
remains open to new sources of competition." Among their concerns:
the amount of wireless spectrum that the combined companies would
control. A day earlier, Kohl and Sen. Patrick J. Leahy of Vermont,
the senior Judiciary Committee Democrat, wrote a similar letter
questioning whether the Justice Department had been approving buyouts
too hastily, counter to the intent of federal law.
http://www.latimes.com/business/printedition/la-fi-att29sep29,1,439518.s...
(requires registration)
* News Release: http://judiciary.house.gov/media/pdfs/telecomrelATTAG92806.pdf
* See the letter: http://judiciary.house.gov/media/pdfs/telecomltrAG92806.pdf

LAWMAKERS URGE HOUSE VOTE TO BAN PRETEXTING
[SOURCE: Reuters, AUTHOR: Karey Wutkowski]
Republican and Democratic members of the U.S. House Energy and
Commerce Committee on Thursday demanded Republican leaders allow a
floor vote on legislation that would ban the use of deceptive means
to obtain private telephone records. The practice known as
"pretexting," is at the heart of a Hewlett-Packard scandal involving
the company's investigation into boardroom leaks to journalists.
http://today.reuters.com/News/newsArticle.aspx?type=technologyNews&story...
* Phone Firm Files Pretexter Lawsuit In H-P Leak Case
http://online.wsj.com/article/SB115948409490677290.html?mod=todays_us_ma...

MEDIA OWNERSHIP

AFTRA RALLIES MEMBERS FOR FCC HEARING
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The American Federation of Television & Radio Artists is trying to
get as many of its 25,000 members to attend the FCC's planned Oct. 3
public hearing on media ownership rules as possible, and they won't
have much good to say about Big Media. The Writers Guild is expected
to weigh in as well on the effects of consolidation on newsgathering
and reporting. If Jesse Jackson's Rainbow/Push coalition and members
of the Congressional Black Caucus have their way, the L.A. ranks will
be further swelled by hundreds of volunteer/activists talking about
the impact on diversity of ownership and the coverage of issues of
importance to African Americans. One former station exec said he
would advise broadcasters to make sure they were out in force in L.A.
to make their case, too.
http://www.broadcastingcable.com/article/CA6376145.html?display=Breaking...
*** More on next week's hearing in LA ***
* FCC Hearings and Home Court Advantage?
Part of the FCC hearing will take place in El Segundo, California.
The mayor there, Kelly McDowell, is the oldest brother of FCC
Commissioner Robert McDowell. Harold Feld writes, "[I]t raises
obvious concerns about giving pro-consolidation folks a "home court"
advantage. As Mayor, Kelly McDowell is uniquely positioned to
encourage witnesses who will support the current FCC's policy of
relaxing ownership rules while subtly discouraging attendance by
folks who might challenge accepted FCC positions. This puts the
pressure on Martin to ensure not merely impartiality, but the
appearance of impartiality. After the recent reports that -- prior to
Martin becoming chair -- the FCC suppressed studies demonstrating the
negative impacts of media consolidation, public trust for the FCC as
an institution interested in an impartial investigation and analysis
of the facts is at an all-time low."
http://www.wetmachine.com/totsf/
* Broad-based Coalition Mobilizes for FCC Hearings in Los Angeles
http://www.freepress.net/press/release.php?id=169
* FCC Finally Faces the Public in L.A.
http://www.huffingtonpost.com/josh-silver/fcc-finally-faces-the-pub_b_30...
* Congresswoman Watson to Deliver Opening Remarks
http://www.house.gov/watson/
* H'wood to voice concerns about media consolidation
http://www.hollywoodreporter.com/thr/business/brief_display.jsp?vnu_cont...

CHILDREN & MEDIA

STUDY: ED TECH HAS PROVEN EFFECTIVE
[SOURCE: eSchool News, AUTHOR: Laura Ascione]
When implemented carefully -- with adequate attention paid to
training, support, and evaluation -- technology has been found to
have a significant positive impact on student learning across all
areas of the curriculum, according to a new report, "Technology in
Schools: What the Research Says." So, why do critics of educational
technology still decry the billions of dollars being spent on ed tech
in schools across the nation? For one thing, many educators have
"miscalculated" the difficulty of implementing technology
effectively, the report says--and ed-tech advocates also might have
"over-promised" their ability to deliver a learning return on their investment.
http://www.eschoolnews.com/news/showStoryts.cfm?ArticleID=6600
* See the report online at
http://www.cisco.com/web/strategy/docs/education/TechnologyinSchoolsRepo...

AAAAs PRAISES OBESITY TASK FORCE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The American Association of Advertising Agencies Thursday praised the
task force on media and obesity launched by Senator Sam Brownback
with an assist from FCC Chairman Kevin Martin. "We commend Chairman
Martin and Senator Brownback for broadening the public policy
conversation on obesity to include industry and media as well as
consumer groups," said AAAA senior VP Adonis Hoffman. It is
currently a Republican-heavy bipartisan effort, but Sen Brownback
said they planned to reach out to both sides of the aisle. "Every
credible study concludes there are many factors contributing to
childhood obesity, including less physical education time in schools,
parental choices in diet, and more time spent on computers," said
Hoffman. "Advertising is way down on the list. The task force is
seeking input from a variety of sources, and Hoffman suggests some of
that should accentuate the positive. "As food companies and
advertisers continue to adjusted their messages to accentuate healthy
choices, they should be applauded by policymakers for responsible action."
http://www.broadcastingcable.com/article/CA6376284.html?display=Breaking...
See also --
* ANA Chief Blasts Feds On Issue Of Child Obesity
[SOURCE: MediaDailyNews, AUTHOR: David Goetzl]
Under fire for contributing to childhood obesity, advertisers will do
their part to combat the epidemic, but the industry won't act alone.
ANA Executive Vice President Dan Jaffe asked why "no other segment of
society has stepped up to the plate with a commensurate effort" to
combat this social ill. Initiatives by food marketers include
offering healthier products, removing soft drinks from schools and a
current review of industry self-regulations of advertising targeting
children. "Where are the new bike paths or playgrounds so children
can get more exercise?" Jaffe asked. "If obesity is a national
crisis, why have physical-education programs been cut in the
schools?" If Congress is serious about fighting childhood obesity, he
wonders, why has it eliminated all funding for a campaign encouraging
tweens to exercise?
http://www.tvnewsday.com/link/?id=6869

QUICKLY

SENATE COMMERCE COMMITTEE APPROVES CPB NOMINEES
[SOURCE: US Senate Commerce Committee press release]
On Wednesday, the Senate Commerce Committee unanimously reported out
several nominees including David Pryor and Chris Boskin to the Board
of Directors for the Corporation for Public Broadcasting and Sharon
Hays to the Office of Science and Technology Policy. The nominees now
await consideration by the full Senate.
http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Det...

107 MILLION VIEWED ONLINE VIDEO IN JULY
[SOURCE: Associated Press]
More than 100 million Americans, or three out of every five Internet
users, viewed video online in July, a new study finds. ComScore Media
Metrix recorded both streaming, which requires a live Internet
connection, and downloads, in which a user saves a file that can be
viewed later or offline. All told, 107 million people streamed or
downloaded nearly 7.2 billion video clips - an average of 67 apiece.
Yahoo was tops with 38 million unique users, followed by News Corp.'s
MySpace.com at 37 million and YouTube at 31 million, according to comScore.
http://hosted.ap.org/dynamic/stories/T/TECHBITS_ONLINE_VIDEO?SITE=PASTR&...

BALL STATE CREATE NEWS RESEARCH INSTITUTE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Ball State University in Muncie, Ind., which has teamed with the
Radio-Television News Directors Association on numerous media
studies, will use some of its $20 million grant from the Lilly
Endowment to create a News Research Institute (NRI) to study the
future of newsgathering.
http://www.broadcastingcable.com/article/CA6376275.html?display=Breaking...

AVOIDING THE TOP 10 FCC VIOLATIONS (AND FINES)
[SOURCE: TVNewsDay, AUTHOR: Kathy Haley]
Many of the most infractions that provoke FCC warnings and fines
aren't technical. Often they involve insufficient paperwork. Terrence
Baun, president of Criterion Broadcast Services, ranked the top 10
FCC violations and reviewed how to avoid them. #7 Problems with the
public file. A station's engineer must maintain complete license
renewal cards, ownership transfers and records of any special
authorizations from the FCC. There must be a separate file for every
station under license. Baun recommends keeping a file for each
digital channel, although the law is currently unclear about whether
this is required. #10 Emergency Alert System issues, including
failure to send and receive EAS tests and activations without noting
it in the log. The government is increasingly interested in the
Emergency Alert System. Stations must have an EAS handbook and EAS
must be in full auto mode while a station is operating unattended.
http://www.tvnewsday.com/articles/2006/09/28/daily.1/

FTC WARNS OF DECEPTIVE SPANISH-LANGUAGE ADS
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
The Federal Trade Commission has sent warning letters to 77 media
outlets and 166 advertisers about potentially deceptive ads targeted
to the Hispanic community. The ads turned up in an FTC-coordinated
one-day "surf" of Spanish-language media by various state
organizations--attorneys general, FDA district offices, Better
Business Bureaus -- looking for questionable health claims, credit
scams, and bogus business opportunities. The vast majority of the 482
ads were on the Internet or print outlets (97% combined), with only
3% on TV and radio.
http://www.broadcastingcable.com/article/CA6375947?display=Breaking+News

HOLLYWOOD SAYS PIRACY HAS RIPPLE EFFECT
[SOURCE: Washington Post, AUTHOR: Frank Ahrens]
The Institute for Policy Innovation, founded by former Republican
congressman Richard K. Armey, is to present a study today at a U.S.
Chamber of Commerce conference where NBC Universal chief executive
Bob Wright will speak. The study says the economic impact of illegal
DVD and Internet film distribution may be as much as three times what
was previously estimated. The new estimate is that movie piracy
causes a total lost output for U.S. industries of $20.5 billion per
year, thwarts the creation of about 140,000 jobs and accounts for
more than $800 million in lost tax revenue. The movie industry
continues to vigorously combat both DVD and Internet piracy of its
films domestically and overseas, urging foreign governments to crack
down on illegal DVD factories and toughen laws on Internet file-sharing.
http://www.washingtonpost.com/wp-dyn/content/article/2006/09/28/AR200609...
(requires registration)
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...and we're outta here. Have a great weekend.
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Communications-related Headlines is a free online news summary
service provided by the Benton Foundation (www.benton.org). Posted
Monday through Friday, this service provides updates on important
industry developments, policy issues, and other related news events.
While the summaries are factually accurate, their often informal tone
does not always represent the tone of the original articles.
Headlines are compiled by Kevin Taglang headlines( at )benton.org -- we
welcome your comments.
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