July 2007

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GOVERNMENT & COMMUNICATIONS
Appeals court dismisses suit against NSA spy program
Avoiding Violence to the Constitution
Persistent Censorship In China Produces Art of Compromise

BROADCASTING
Air Wars Break out over Fairness Doctrine

SPECTRUM POLICY
Media reformers keep pushing for 700 MHz auction changes
Carving Up The Wireless Spectrum
AT&T sets up =91Muni=92 WiFi in California

DIGITAL DIVIDE
Seniors surging to Internet

JOURNALISM
Dow Jones casts net for rival bidder
Ethics Tenet Is on Trial in Minnesota
A Blog That Made It Big

http://www.benton.org/?q=3Dtaxonomy/term/35GOVERNMENT & COMMUNICATIONS

APPEALS COURT DISMISSES SUIT AGAINST NSA SPY PROGRAM
[SOURCE: C-Net|News.com, AUTHOR: Anne Broache]
In a setback for foes of a controversial Bush=20
administration wiretapping program, a federal=20
appeals court on Friday threw out an American=20
Civil Liberties Union lawsuit that alleged=20
illicit snooping on Americans' calls and e-mails.=20
In a 2-1 decision, the 6th Circuit Court of=20
Appeals in Cincinnati dismissed a federal=20
district court ruling from last August that found=20
the National Security Agency's Terrorist=20
Surveillance Program violated the U.S.=20
Constitution and ordered it to stop. The=20
majority's ruling did not address the legality of=20
the program; rather, it tossed out the case on=20
narrow procedural grounds. The move marked the=20
first time an appeals court has weighed in on the=20
numerous pending challenges to the spy program.=20
Friday's decision isn't expected to have any=20
direct impact on two related cases pending in the=20
9th Circuit Court of Appeals and more than 40=20
others that have been consolidated for=20
consideration in a San Francisco district court.
http://news.com.com/Appeals+court+dismisses+suit+against+NSA+spy+program...
00-1029_3-6195253.html?tag=3Dhtml.alert.hed
* Court Rejects ACLU Challenge to Wiretap Program
http://www.broadcastingcable.com/article/CA6458077.html?rssid=3D193

AVOIDING VIOLENCE TO THE CONSTITUTION
[SOURCE: Broadcasting&Cable, AUTHOR: Laurence Tribe]
[Commentary] Violent television programming is=20
speech protected by the First Amendment. At the=20
most fundamental level, any attempt to regulate=20
such protected speech will fail because it will=20
be impossible to define =93impermissible=94=20
depictions of violence. The First Amendment=20
forbids more-intrusive, centralized,=20
one-size-fits-all regulations when such less=20
restrictive, more individualized, and more=20
narrowly tailored means are available.
http://www.broadcastingcable.com/article/CA6458068.html

PERSISTENT CENSORSHIP IN CHINA PRODUCES ART OF COMPROMISE
[SOURCE: Washington Post, AUTHOR: Edward Cody]
In many ways, China's 1.3 billion people are=20
being deprived of the full bloom of their=20
culture, with thousands of artists forced to=20
calculate how much they can get away with rather=20
than cutting loose with their talent unfettered.=20
China has come a long way from the days of Mao=20
Zedong, when singing the praises of socialism was=20
virtually the only form of art allowed by the=20
party. But the principle has remained the same.=20
The party still has a giant bureaucracy with=20
broad authority to control what Chinese hear, see=20
and read. After nearly 30 years of reforms set in=20
motion by Deng Xiaoping, censorship is arguably=20
the least changed aspect of the party's rule. As=20
a result, writers and other artists are forced to=20
navigate between what they want to say and what=20
the party might allow -- and to consider how high=20
the cost would be if the censors were to hand down a ban.
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/08/AR200707...
1063.html
(requires registration)

http://www.benton.org/?q=3Dtaxonomy/term/14BROADCASTING

AIR WARS BREAK OUT OVER FAIRNESS DOCTRINE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Fresh off its successful campaign against the=20
immigration bill, talk radio has taken aim at the=20
fairness doctrine, a defunct FCC regulation that=20
required broadcast licensees to present issues of=20
public importance in a balanced manner.=20
Conservative talkers have seized upon -- and=20
amplified -- a burgeoning legislative debate over=20
reinstating the doctrine, making it a hot topic=20
on radio and major television news programs.=20
Indeed, the FCC=92s decision to scrap the doctrine=20
in 1987 is widely credited with sparking the rise=20
of conservative talk radio. But Republicans like=20
Rep. Greg Walden (Ore.) argue that the=20
predominance of right-leaning radio is a simple=20
case of economics. Within the past two weeks,=20
three prominent Democratic senators, including=20
John Kerry (Mass.), have called for either=20
reinstating the doctrine or at least looking into=20
doing so. Sen Kerry ran head-on into the issue in=20
2004, when he was a presidential candidate and=20
Sinclair stations were preparing to air a=20
documentary that was critical of his Vietnam=20
service. Sen. Richard Durbin (D-Ill.) joined=20
Kerry=92s call for reinstatement while Sen. Diane=20
Feinstein (D-Calif.) said she was looking into=20
it. Soon after, Rep. Mike Pence (R-Ind.), a=20
former talk-radio host, introduced a bill to deny=20
the FCC the =93resources or authority=94 to reinstate=20
the fairness doctrine in fiscal 2008. Democrats,=20
led by Rep. David Obey (D-Wis.), suggested that=20
the amendment was a red herring meant to provide=20
sound bites for =93yap yap TV=94 and conservative=20
talkers who had ginned up the issue. Clearly in a=20
Shakespearean mood, Rep Obey dismissed the=20
amendment as =93much ado about nothing=94 and =93sound and fury, signifying=
nothing.=94
http://www.broadcastingcable.com/article/CA6458125.html
* Fairness Doctrine hammered 309-115
http://www.benton.org/?q=3Dnode/6434

http://www.benton.org/?q=3Dtaxonomy/term/26SPECTRUM POLICY

MEDIA REFORMERS KEEP PUSHING FOR 700 MHZ AUCTION CHANGES
[SOURCE: Lasar's Letter on the FCC, AUTHOR: Matthew Lasar]
Calling for an end to the "hymns of praise for=20
the status quo," a coalition of media reform=20
groups have filed a 32 page document rebutting=20
incumbent wireless company arguments against=20
fairer FCC auctions in the 700 MHz spectrum=20
band. "The lack of substantive evidence has not=20
stopped incumbents and other special interests=20
from submitting thousands of pages into the=20
record repeating the same unsubstantiated claims=20
in innumerable variations," the Ad Hoc Public=20
Interest Spectrum Coalition (PISC) wrote to the=20
Federal Communications on July 6th, prompting=20
their Ex Parte reply. The FCC will soon sell off=20
spectrum in the 700 MHz band, much of it=20
available thanks to the analog-to-digital=20
television signal transition. Engineers call the=20
700 MHz band as "beachfront" spectrum, ideal for=20
broadband services, and estimated to be worth=20
billions of dollars. But filers in the FCC's=20
proceeding on how to conduct the auction disagree=20
on rules for the sale. Incumbents like AT&T,=20
Verizon, and other big telcos have filed hundreds=20
of briefs with the FCC resisting proposals that=20
media reform groups say will make either it=20
easier for new entrants to obtain spectrum=20
licenses in the auction or to access affordable spectrum after the sell off.
http://www.lasarletter.net/drupal/node/428
* Groups offer range of ideas for 700MHz auction
http://news.yahoo.com/s/infoworld/20070706/tc_infoworld/90022

CARVING UP THE WIRELESS SPECTRUM
[SOURCE: Washington Post, AUTHOR: Kim Hart]
For Reed Hundt, iPhones couldn't have come along=20
at a better time. Consumers snapped them up last=20
weekend, giving the former Federal Communications=20
Commission chairman a chance to show what the=20
country lacks: a nationwide network open to all=20
mobile phones and other devices. That kind of=20
network is exactly what Hundt wants his latest=20
venture, Frontline Wireless, to build, despite=20
steep odds. Using AT&T's wireless network, which=20
is slow compared with other services, to power=20
iPhones is "like inventing a Ferrari for a=20
country of dirt roads," Hundt said last week. "We=20
have a pokey, ancient network because we don't=20
have a private company like Frontline forcing everyone to keep up."
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/08/AR200707...
0830.html
(requires registration)

AT&T SETS UP 'MUNI' WIFI IN CALIFORNIA
[SOURCE: Financial Times, AUTHOR: Paul Taylor]
AT&T, the largest US telecommunications group, is=20
launching its first WiFi wireless broadband=20
internet service on Monday in Riverside,=20
California. The deployment highlights AT&T=92s=20
decision to embrace public WiFi technology as a=20
complementary broadband delivery system alongside=20
DSL and other options. In contrast some US=20
telecoms groups =96 including Verizon, AT&T=92s main=20
rival =96 continue to oppose municipal WiFi=20
projects. A growing number of cities and=20
communities across the US, including=20
Philadelphia, New York and San Francisco have=20
announced plans to offer so called =93Muni=94 WiFi=20
services, mostly in conjunction with private sector participants.
http://www.ft.com/cms/s/d206f290-2d70-11dc-939b-0000779fd2ac.html
(requires subscription)

http://www.benton.org/?q=3Dtaxonomy/term/34DIGITAL DIVIDE

SENIORS SURGING TO INTERNET
[SOURCE: Tribune Newspapers, AUTHOR: Mary Gail Hare]
Since 2000, the number of Americans older than 65=20
using the Internet jumped more than 160 percent,=20
said Susannah Fox, an associate director of the=20
Pew Internet & American Life Project, which=20
tracks the social impact of Internet use. Over=20
the same period, no other age segment grew by=20
more than 70 percent. For many, it's a question=20
of economics, as seniors seek access to the=20
lower-priced goods, including drugs, that are the=20
hallmark of Internet commerce. They also want to=20
keep up with information that has shifted to the=20
Web and stay connected to friends and family who=20
are communicating via cyberspace. "They hear,=20
'For a lower price or more information, check our=20
Web site,'" said Tobey Dichter, founder of=20
Generations on Line, a non-profit group dedicated=20
to Internet literacy for older adults. "They want=20
access to resources, everything from government=20
help to getting discounts." Advocates for older=20
Americans believe the trend is crucial to=20
maintaining a healthy lifestyle. "We would like=20
to see those numbers go up and for seniors to be=20
more engaged," said Tiffany Lundquist,=20
spokeswoman for the Maryland office of AARP.=20
"Computers are an important way to stay=20
connected, and that's important to successful aging."
http://www.chicagotribune.com/business/chi-fri_seniors_0706jul06,0,48647...
story?track=3Drss

http://www.benton.org/?q=3Dtaxonomy/term/24JOURNALISM

DOW JONES CASTS NET FOR RIVAL BIDDER
[SOURCE: Financial Times, AUTHOR: James Politi and Aline van Duyn]
The board of Dow Jones is making a last-ditch=20
attempt to find a rival bid for the company as=20
the parent of the Wall Street Journal enters the=20
final stretch of negotiations to be acquired by=20
Rupert Murdoch=92s News Corp. According to people=20
familiar with the matter, the ad-hoc committee of=20
Dow Jones directors is set to meet on Monday with=20
Ron Burkle, the California billionaire, to=20
discuss his interest in buying the company.=20
However, people close to the News Corp-Dow Jones=20
talks say it remains unlikely that Mr Burkle will=20
emerge with a credible competing offer for the=20
New York-based financial news group. At most, Mr=20
Burkle=92s lingering presence could put pressure on News Corp to lift its b=
id.
http://www.ft.com/cms/s/989db058-2da6-11dc-939b-0000779fd2ac.html
(requires subscription)
* Dow Jones meeting expected
http://www.latimes.com/business/printedition/la-fi-dowjones9jul09,1,2133...
.story?coll=3Dla-headlines-pe-business

ETHICS TENET IS ON TRIAL IN MINNESOTA
[SOURCE: New York Times, AUTHOR: David Carr]
[Commentary] In the past few weeks, both The=20
Minneapolis Star Tribune and The St. Paul Pioneer=20
Press have been doing a bang-up job of covering a=20
dramatic civil trial that has taken aim at one of=20
the Twin Cities=92 leading businessmen. The trial,=20
and the accompanying coverage, has been full of=20
allegations of bad faith, stolen data and=20
riveting hallway commentary. Oops, I buried the=20
lead: the businessman is Par Ridder, the former=20
publisher of The Pioneer Press who left in March=20
to become the publisher of The Star Tribune. Mr.=20
Ridder, 39, the scion of the Ridder newspaper=20
family, was the publisher of The St. Paul Pioneer=20
Press when it was owned by Knight Ridder. It was=20
sold to McClatchy, which also owned The Star=20
Tribune. McClatchy then sold both papers =97 The=20
Pioneer Press to MediaNews Group, a group of=20
papers controlled by William Dean Singleton, and=20
The Star Tribune to Avista Capital Group, a=20
private equity group. In March, Par Ridder left=20
The Pioneer Press and went to its competitor=20
across the river, and it is alleged he took a few=20
things with him, including a laptop containing=20
extensive proprietary financial data, and, after=20
a few weeks, a few key executives. In a civil=20
suit, MediaNews alleged he violated noncompete=20
agreements personally and by hiring others from=20
the paper, that he removed those noncompete=20
agreements from the newspapers files, and that he=20
disseminated competitive financial data to other executives at his new post=
ing.
http://www.nytimes.com/2007/07/09/business/media/09carr.html
(requires registration)

A BLOG THAT MADE IT BIG
[SOURCE: Washington Post, AUTHOR: Howard Kurtz]
The Huffington Post has become an undeniable=20
success, its evolution offering a road map of=20
what works on the Web. The most notable change is=20
that HuffPost has morphed from a left-leaning=20
site with a modest conservative presence to a=20
pugnaciously liberal operation in which the=20
banner headlines and majority of bloggers holler=20
about the latest outrage perpetrated by the Bush administration.
http://www.washingtonpost.com/wp-dyn/content/article/2007/07/08/AR200707...
1213.html
(requires registration)
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