May 2009

May 20, 2009 (Strickling, Chopra confirmations move forward)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for WEDNESDAY MAY 20, 2009

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POLICYMAKERS
   Senate Committee Likely to OK Strickling as NTIA Head, Chopra as CTO on May 20
   House Commerce Committee Requests Information Regarding Forbearance Process

GOVERNMENT & COMMUNICATIONS
   Documents About Lost E-Mail Can Stay Secret
   National Archives Loses Hard Drive

ONLINE PRIVACY/SAFETY
   Case Closed: NebuAd Shuts Down
   Privacy Forum Unveils Research Project
   What Ever Happened To... PCLOB?
   NTIA Sets First Meeting For Online Safety

INTERNET/BROADBAND
   European Broadband expansion boost
   It's Official: No Broadband Will Be Stimulated This Year (Or Will It?)

TELEVISION/RADIO
   Is America DTV Ready? We may Find out May 21
   TVs sales continue to decline
   Conyers Defends Radio Bill Amid Protests
   Media Research Center and the Fairness Doctrine
   You Can Watch Football on TV

JOURNALISM
   Why journalists deserve low pay
   Newspapers face pressure in selling online advertising
   EU Newspaper Group Fears Google News
   Google backs local newspaper mergers in the UK

HEALTH
   Trial: E-nagging can increase healthy activity
   Foundation Aims To Help California in Quest for Health IT Funding
   New Tool in the MD's Bag: A Smartphone

QUICKLY -- Cell Phones Help Pakistani Relief Effort; Smartphone launch key to Palm's survival; Amazon Counters Discovery With E-Commerce Patent Suit

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POLICYMAKERS


SENATE COMMITTEE LIKELY TO OK STRICKLING AS NTIA HEAD, CHOPRA AS CTO ON MAY 20
[SOURCE: BroadbandCensus.com, AUTHOR: Andrew Feinberg]
With little questioning or controversy, the Senate Commerce Committee appeared poised ready after a Tuesday hearing to submit to the full Senate for confirmation the nominations of two key technology officials in the Obama administration. A vote on the nominees is slated for May 20. Lawrence Strickling has been nominated to be Assistant Secretary of Commerce for Telecommunications and Information, and head of the National Telecommunications and Information Administration.
As head of the Commerce Department agency responsible for the bulk of the $7.2 billion broadband stimulus, Strickling would be poised to play a key role in the administration's de facto broadband policy. Of the total, $4.7 billion will run through Commerce, and $2.5 billion through the Agriculture Department. The program is designed to expand broadband access to unserved and underserved American communities. NTIA is also responsible for the nation's final transition to digital television. Aneesh Chopra has been nominated to be the nation's first Chief Technology Officer. Sen Mark Warner (D-VA) had a great deal of praise for Chopra, who currently serves as Virginia Secretary of Technology, a position in which Sen Warner said Chopra has "performed admirably." Warner and Chopra recently served as co-chairs of Virginia's Broadband Roundtable, which Sen Warner called "an effort to expand rural broadband access so that no region would be left behind in a global economy."
http://broadbandcensus.com/2009/05/senate-committee-likely-to-ok-strickl...
http://benton.org/node/25412
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HOUSE COMMERCE COMMITTEE REQUESTS FORBEARANCE INFO
[SOURCE: House of Representatives Commerce Committee]
House Commerce Committee Chairman Waxman, Chairman Emeritus Dingell, Subcommittee Chairman Boucher and Subcommittee Chairman Markey sent a letter to Federal Communications Commission Acting Chairman Copps requesting information about the impact of the recent withdrawal of two petitions for forbearance. Specifically, the committee asked for details regarding Commission resources that were expended in considering these two petitions prior to withdrawal. The May 15 letter requests a response by Friday, June 5.
http://benton.org/node/25405
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GOVERNMENT & COMMUNICATIONS


DOCUMENTS ABOUT LOST E-MAIL CAN STAY SECRET
[SOURCE: Washington Post, AUTHOR: Del Quentin Wilber]
A federal appeals court ruled yesterday that the White House does not have to make public internal documents examining the potential disappearance of e-mails during the administration of President George W. Bush. In upholding a 2008 decision by a federal judge in a lawsuit brought by a watchdog group, the appeals court found that the White House's Office of Administration is not subject to the Freedom of Information Act. Citizens for Responsibility and Ethics in Washington (CREW) filed the suit seeking to force the White House office to comply with a 2007 request for documents related to the alleged sloppy retention of e-mails between 2001 and 2005, a period that included the lead-up to and start of the Iraq war. The group was seeking the records to get a better sense of what happened to the e-mails, said Anne Weismann, the organization's chief counsel. The Office of Administration, which performs a variety of administrative services for the Executive Office of the President, had complied with similar requests for years. But officials changed the policy after CREW's request, arguing that the office does not exercise enough independent authority to be subject to open-records laws.
http://benton.org/node/25420
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NATIONAL ARCHIVES LOSES HARD DRIVE
[SOURCE: Associated Press, AUTHOR: Larry Margasak]
The National Archives lost a computer hard drive containing a large amount of sensitive data from the Clinton administration, including Social Security numbers, addresses, and Secret Service and White House operating procedures. The FBI is conducting a criminal investigation of the matter, according to Rep. Edolphus Towns (D-NY), chairman of the House Oversight and Government Reform Committee. Chairman Towns and Ranking Member Darrell Issa (R-CA), said they would continue to seek more information about the breach. Lost information includes logs of events, social gatherings and political records.
http://benton.org/node/25419
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ONLINE PRIVACY/SAFETY


CASE CLOSED: NEBUAD SHUTS DOWN
[SOURCE: MediaPost, AUTHOR: Wendy Davis]
Behavioral targeting company NebuAd effectively shuttered on Friday, according to court documents. The closing came to light over the weekend, when lawyers filed a letter notifying U.S. District Court Judge Edward Chen in San Francisco about the closure. "From a company that once employed over 60 people, NebuAd now operates with a skeleton staff, and shortly, that too will disappear," wrote attorney Alan Himmelfarb. Monday, NebuAd filed court papers confirming that it had assigned remaining assets to an entity that will pay off creditors. Himmelfarb notified the court about the impending shutdown as part of a request to inspect NebuAd's documents and records before they are placed in storage. NebuAd's lawyer opposed that application, stating that NebuAd had moved files from its now-closed Redwood City office to another office in Foster City months before this lawsuit was filed.
http://benton.org/node/25411
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PRIVACY FORUM UNVEILS RESEARCH PROJECT
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
The Future of Privacy Forum is embarking on a research project that will examine different methods for communicating with Internet users about advertising and privacy practices, the think tank announced Tuesday. The study will explore potential tools and notices that companies could use to raise consumer awareness regarding the use of online behavioral advertising data and will offer more transparency about how information is used in relevant advertising practices. The initiative follows a recent Federal trade Commission report that called on the private sector to examine the issue.
http://benton.org/node/25410
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WHAT EVER HAPPENED TO PRIVACY OVERSIGHT BOARD?
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
The White House Privacy and Civil Liberties Oversight Board was established in 2004 on the recommendation of the 9/11 Commission. But it has been dormant since the terms of its members expired Jan. 31, 2008. The Obama Administration has not nominated any new members and once they are selected, vetted and confirmed by the Senate, it will take time to set up office space and hire a staff. Last Congress, lawmakers statutorily distanced the board from the Executive Office of the President after concern grew it was not fully autonomous.
http://benton.org/node/25409
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NTIA SETS FIRST MEETING FOR ONLINE SAFETY
[SOURCE: Multichannel News, AUTHOR: John Eggerton]
The National Telecommunications & Information Administration will hold the first meeting of its new Online Safety and Technology Working Group June 4 in Washington. The group was established by the Protecting Children in the 21st Century Act and is charged with coming up with a report to Congress within a year on how to increase online safety protections, including via labeling and parental control technology.
http://benton.org/node/25403
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INTERNET/BROADBAND


EUROPEAN BROADBAND EXPANSION BOOST
[SOURCE: Financial Times, AUTHOR: Stanley Pignal]
Public funding of broadband Internet networks in rural areas may be allowable under European state aid rules, according to draft guidelines issues by the European Commission. The proposed rules potentially open the door to billions of euros of state money in infrastructure projects, some of it as part of nationally-funded stimulus packages. The news will come as a boost to the telecoms industry, which will now see what willingness there is on part of local authorities or national governments to subsidize the extension of their broadband networks to rural areas. The EU typically frowns upon state investment in areas where private investors are willing to venture, and in this case has made very clear that investment in broadband networks would only be tolerated in areas that currently lack Internet connectivity.
http://benton.org/node/25418
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IT'S OFFICIAL: NO BROADBAND WILL BE STIMULATED THIS YEAR (OR WILL IT?)
[SOURCE: App-Rising.com, AUTHOR: Geoff Daily]
[Commentary] Broadband Technology Opportunities Program grants may not be made until December 2009 -- is that the best the government can do? A 10-month turnaround since passage of the Recovery Act? So what might a better way to distribute these grants more quickly look like? Well how about this: have the government set out a set of standards that if a project can live up to can get fast-track grant approval. Now let's consider how these standards could work. Let's start with unserved/underserved. Rather than getting stuck in a policy debate over semantics, why not just set the standard that to qualify for the fast-track a network must hit at least 50% unserved homes, and set some restrictions on making sure these grants don't go to areas with robust competition (DSL, cable, and wireless being available, for example). Then Daily would add in a requirement that the project have proven local support, maybe having to reach a 50% pre-subscription rate. This would then mean the first grants go to those communities who have most galvanized local support and will also help insure the network will be financially sustainable. (50% is an arbitrary number; it could be higher or lower depending on what's most appropriate.)
http://benton.org/node/25408
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TELEVISION/RADIO


IS AMERICA DTV READY? WE MAY FIND OUT MAY 21
[SOURCE: Federal Communications Commission]
With only three weeks left until the nationwide digital television (DTV) transition on June 12, many local broadcasters will be participating in coordinated DTV "soft tests" Thursday. These tests are designed to alert analog viewers who are unprepared for the impending transition that they will lose service once the transition occurs unless they act promptly to get ready. A "soft test" simulates to some extent what unprepared viewers will experience when the DTV transition occurs. Instead of completely cutting off the analog signal, during the soft test broadcasters will interrupt the regular programming of viewers receiving analog signals to warn them the interruption indicates they are not prepared for the transition. Such viewers - other than those connected to a subscription TV service such as cable or satellite (which in some cases still utilize a broadcaster's analog signal) - must take immediate action to avoid a complete loss of service on June 12. Digital broadcasts are available now and will not be interrupted by the soft tests. The length of the interruptions will vary by station but generally will run between 2 and 5 minutes.
http://benton.org/node/25407
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TVs SALES CONTINUE TO DECLINE
[SOURCE: C-Net|News.com, AUTHOR: Erica Ogg]
TV makers worldwide saw their revenues slide 12 percent in the last year, according to a report set to be released Tuesday by DisplaySearch. A total of 43.3 million TVs were sold worldwide in the first quarter of this year, a 6 percent drop compared to the same quarter a year ago, and prices dropped 6 percent, too, according to the Quarterly Global TV Shipment and Forecast Report. Even Samsung, which collects more money in its coffers for TVs than any company in the world for the past 13 straight quarters, saw its revenues drop 8 percent since the same time last year. But it still held its lead in the industry, maintaining a 21.5 percent share of dollars spent on TVs worldwide. The biggest shake-up in the last quarter came from LG Electronics which, at 2 percent growth from a year ago, was the only one of the top five manufacturers to see an uptick in revenues. It was able to leapfrog Sony into second place, claiming 13.3 percent of the TV market. Sony garnered 13.1 percent, followed by Sharp with 7.2 percent, and Panasonic with 6.1 percent.
http://benton.org/node/25406
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CONYERS DEFENDS RADIO BILL AMID PROTESTS
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
Amid protests by black radio stations back home in Detroit and growing opposition on Capitol Hill, House Judiciary Chairman John Conyers is stressing important carve-outs in a bill he introduced that would end a long-standing royalty exemption for AM and FM broadcasters. Conyers, whose committee approved his bill last week, released a statement Tuesday touting modifications he made to the bill with the help of Congressional Black Caucus members. The amended measure creates a sliding scale where small stations would pay as little as $500 a year. Three-quarters of America's radio stations will be eligible for the scale and 90 percent of black-owned stations would be protected, he said. Additionally, all music stations that gross less than $1.25 million annually will be eligible for a flat fee.
http://benton.org/node/25416
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MEDIA RESEARCH CENTER AND THE FAIRNESS DOCTRINE
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Media Research Center President Brent Bozell is challenging Federal Communications Commission Chairman Michael Copps to support an up or down vote on the Broadcaster Freedom Act in the House. The bill, which would bar reimpostition of the doctrine by the FCC, passed the Senate in late February. Bozell writes, "I am most appreciative that my friend - FCC Chairman Michael Copps - has no intention of reinstating the anti-First Amendment so-called 'Fairness' Doctrine. But his statement that those of us concerned about its reimposition are 'issue mongering' 'conspiracy theorists' is off-base given the stated desires of so many members of Congress." He listed 17 legislators who he said have recently called for the doctrine's return, and "reminded" Chairman Copps that he would soon be joined by as many as four new commissioners who might vote to reinstate the doctrine.
http://benton.org/node/25415
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YOU CAN WATCH FOOTBALL ON TV
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Administrative Law Judge Richard Sippel has officially put an end to the program carriage complaint filed by the NFL against Comcast. That is because the two struck a carriage agreement late Tuesday that had both parties talking about fresh starts and mutual benefits after having hammered away at each other during the FCC hearing on the complaint before Judge Sippel last month. The new agreement consists of an array of video content, including the live Network, video on demand for Comcast's Digital Classic cable customers and the ability to offer the NFL's RedZone Channel when it is created. The NFL also said on Tuesday that it signed two-year extensions on broadcast agreements with CBS and Fox. The networks' deals now run through the 2013-2014 season. Financial terms were not disclosed for any of the deals.
http://benton.org/node/25396
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JOURNALISM


WHY JOURNALISTS DESERVE LOW PAY
[SOURCE: The Christian Science Monitor, AUTHOR: Robert Picard]
[Commentary] Journalists like to think of their work in moral or even sacred terms. With each new layoff or paper closing, they tell themselves that no business model could adequately compensate the holy work of enriching democratic society, speaking truth to power, and comforting the afflicted. Actually, journalists deserve low pay. Wages are compensation for value creation. And journalists simply aren't creating much value these days. Until they come to grips with that issue, no amount of blogging, twittering, or micropayments is going to solve their failing business models.
http://benton.org/node/25417
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NEWSPAPERS FACE PRESSURE IN SELLING ONLINE ADVERTISING
[SOURCE: MarketWatch, AUTHOR: David Wilkerson]
The problem most newspapers are having with their online operations may not be a lack of readers, but rather the way they are selling the advertising they depend on. Media buyers say that if newspapers want to get their online revenue growing again, once the economy recovers, they have to tie ad rates more closely to results, charge less for ads and provide Web content that readers can't get at every news aggregation site. The problem doesn't appear to be getting people to read digital newspaper content. The average number of unique visitors to newspaper Web sites grew 10% in the first quarter, according to a Nielsen Online analysis. Newspaper-site visitors generated an average of more than 3.5 billion page views per month in the first quarter of 2009, an increase of 13% over the same three months a year ago. That page-view total is the highest since the NAA started keeping track of the data in 2004. Numerous studies point to the affluence of newspaper readers, something that should please advertisers. Yet, major publishers like Gannett Co., New York Times Co. and McClatchy Co. have seen online advertising revenues decline over the past year, exacerbating the problem of much steeper drop-offs in print ad sales.
http://benton.org/node/25402
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EU NEWSPAPER GROUP FEARS GOOGLE NEWS
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
The European Newspaper Publishers' Association said Monday that Google's decision to allow advertising on its news section will hurt newspapers' advertising revenue online and make it difficult for newspapers to form productive partnerships with Google.
http://benton.org/node/25404
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GOOGLE BACKS LOCAL NEWSPAPER MERGERS IN THE UK
[SOURCE: TimesOnline, AUTHOR: Dan Sabbagh]
Google will on Tuesday argue that UK publishers such as Trinity Mirror and Johnston Press should be allowed to merge, because of the competition they face from the search engine giant and other Internet companies. A Google submission to the Office of Fair Trading will say that the competition authority should relax existing rules that have prevented a coming together of any two of the "big four" publishers — whose ranks also include Daily Mail and General Trust and Gannett's Newsquest. In the letter, Matt Brittin, the managing director of Google UK, said: "Google supports the position of many newspapers for the need to allow for a 21st century merger regime, allowing local and regional news services to merge and consolidate in order to create...competitive news offerings".
http://benton.org/node/25401
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HEALTH


TRIAL: E-NAGGING CAN INCREASE HEALTHY ACTIVITY
[SOURCE: San Francisco Chronicle, AUTHOR: Victoria Colliver]
Kaiser Permanente researchers conducting a clinical trial on the impact of e-mailed reminders on diet and physical activity found gentle electronic nagging actually worked: People who received regular messages suggesting modest lifestyle improvements increased their activity level and made healthier food choices. The study, conducted in 2006 and published this week in the American Journal of Preventive Medicine, is considered the first randomized, controlled study to look at the effect of e-mail on health. The results showed trial participants who received regular e-mails recommending small health goals - such as a 10-minute walk - increased activity by 55 minutes per week and decreased sedentary activity by two hours a week, as compared with those who only received one message at the onset of the study.
http://benton.org/node/25400
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FOUNDATION AIMS TO HELP CALIFORNIA IN QUEST FOR HEALTH IT FUNDING
[SOURCE: iHealthBeat, AUTHOR: ]
Because of California's budget deficit, the California HealthCare Foundation (CHCF) is contributing to efforts to help the state qualify for federal economic stimulus funds for health IT projects. Sam Karp, vice president for programs at CHCF, estimates that California could receive about $3 billion in stimulus funds for health IT. CHCF is providing: $2 million in matching funds for the state to apply for federal funding to create a $10 million fund to extend loans for electronic health records to health care providers who then can receive Medicare and Medicaid incentives for using EHRs; and Matching funds for administrative costs of a program that will provide Medicaid incentive payments for providers that use EHRs.
http://benton.org/node/25399
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NEW TOOL IN THE MD'S BAG: A SMARTPHONE
[SOURCE: Washington Post, AUTHOR: Sindya Bhanoo]
Nationally, about 64 percent of doctors are now using smartphones, according to a recent report by the market research company Manhattan Research. Doctors are also using smartphones to look up drug-to-drug interactions, to view X-rays and MRI scans, and even to stream music from the Internet during surgery.
http://benton.org/node/25398
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QUICKLY -- Cell Phones Help Pakistani Relief Effort; Smartphone launch key to Palm's survival; Amazon Counters Discovery With E-Commerce Patent Suit


CELL PHONES HELP PAKISTANI RELIEF EFFORT
[SOURCE: CongressDaily, AUTHOR: Andrew Noyes]
The United States is deploying new high-tech tools to meet challenges associated with the humanitarian crisis that is affecting Pakistan, Secretary of State Hillary Rodham Clinton announced during a Tuesday briefing with the White House press corps. She said in addition to providing $100 million in aid, the State Department is working to support the Pakistani government in launching a text-messaging system that will alert local communities to assistance efforts and will help family members keep in touch. The initiative is part of a broader effort to help those who have fled their homes in Swat Valley, where troops are engaged in a battle with Taliban militants.
http://benton.org/node/25397
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SMARTPHONE LAUNCH KEY TO PALM'S SURVIVAL
[SOURCE: Financial Times, AUTHOR: Paul Taylor]
The long-awaited Palm Pre smartphone will go on sale in the US on June 6 and will be available in Sprint Stores, Best Buy, RadioShack and a few Wal-Mart stores for $199.99, after a $100 rebate, with a two-year contract - matching the price of Apple's 3G iPhone. The new handset, unveiled by Palm at the Consumer Electronics Show in Las Vegas in January, features a touchscreen as well as a slide-out keyboard and a new web-based operating system developed by Palm to replace the ageing system used on most of its current family of Treo smartphone devices. Its success is widely viewed as crucial for the survival of Palm and important for Sprint Nextel, the third- largest US mobile network operator, which desperately needs a "hot" smartphone to compete with the 3G iPhone, sold by AT&T, and the BlackBerry Storm, sold by Verizon Wireless. While the Pre is expected to be in short supply initially, some analysts believe it could be upstaged by a new cheaper iPhone, which is expected to be announced by Apple as early as June 8.
http://benton.org/node/25414
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AMAZON COUNTERS DISCOVERY WITH E-COMMERCE PATENT SUIT
[SOURCE: Washington Post, AUTHOR: Kim Hart]
Online retailer Amazon.com has sued Silver Spring-based Discovery Communications for infringing on patents related to product searches on its shopping Web sites, escalating a legal battle that began in March when Discovery claimed that its inventions were used in Amazon's Kindle book readers. In a lawsuit filed Friday in Seattle, Amazon said Discovery's online store violated four patents that allow consumers to narrow searches for products or receive recommendations based on previous purchases. Amazon is seeking a court order to prevent Discovery from continuing to use the patents, as well as cash compensation for prior use.
http://benton.org/node/25413
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Documents About Lost E-Mail Can Stay Secret

A federal appeals court ruled yesterday that the White House does not have to make public internal documents examining the potential disappearance of e-mails during the administration of President George W. Bush. In upholding a 2008 decision by a federal judge in a lawsuit brought by a watchdog group, the appeals court found that the White House's Office of Administration is not subject to the Freedom of Information Act. Citizens for Responsibility and Ethics in Washington (CREW) filed the suit seeking to force the White House office to comply with a 2007 request for documents related to the alleged sloppy retention of e-mails between 2001 and 2005, a period that included the lead-up to and start of the Iraq war. The group was seeking the records to get a better sense of what happened to the e-mails, said Anne Weismann, the organization's chief counsel. The Office of Administration, which performs a variety of administrative services for the Executive Office of the President, had complied with similar requests for years. But officials changed the policy after CREW's request, arguing that the office does not exercise enough independent authority to be subject to open-records laws.

National Archives Loses Hard Drive

The National Archives lost a computer hard drive containing a large amount of sensitive data from the Clinton administration, including Social Security numbers, addresses, and Secret Service and White House operating procedures. The FBI is conducting a criminal investigation of the matter, according to Rep. Edolphus Towns (D-NY), chairman of the House Oversight and Government Reform Committee. Chairman Towns and Ranking Member Darrell Issa (R-CA), said they would continue to seek more information about the breach. Lost information includes logs of events, social gatherings and political records.

European Broadband expansion boost

Public funding of broadband Internet networks in rural areas may be allowable under European state aid rules, according to draft guidelines issues by the European Commission. The proposed rules potentially open the door to billions of euros of state money in infrastructure projects, some of it as part of nationally-funded stimulus packages. The news will come as a boost to the telecoms industry, which will now see what willingness there is on part of local authorities or national governments to subsidize the extension of their broadband networks to rural areas. The EU typically frowns upon state investment in areas where private investors are willing to venture, and in this case has made very clear that investment in broadband networks would only be tolerated in areas that currently lack Internet connectivity.

Why journalists deserve low pay

[Commentary] Journalists like to think of their work in moral or even sacred terms. With each new layoff or paper closing, they tell themselves that no business model could adequately compensate the holy work of enriching democratic society, speaking truth to power, and comforting the afflicted. Actually, journalists deserve low pay. Wages are compensation for value creation. And journalists simply aren't creating much value these days. Until they come to grips with that issue, no amount of blogging, twittering, or micropayments is going to solve their failing business models. [Robert G. Picard is a professor of media economics at Sweden's Jonkoping University.]

Conyers Defends Radio Bill Amid Protests

Amid protests by black radio stations back home in Detroit and growing opposition on Capitol Hill, House Judiciary Chairman John Conyers is stressing important carve-outs in a bill he introduced that would end a long-standing royalty exemption for AM and FM broadcasters. Conyers, whose committee approved his bill last week, released a statement Tuesday touting modifications he made to the bill with the help of Congressional Black Caucus members. The amended measure creates a sliding scale where small stations would pay as little as $500 a year. Three-quarters of America's radio stations will be eligible for the scale and 90 percent of black-owned stations would be protected, he said. Additionally, all music stations that gross less than $1.25 million annually will be eligible for a flat fee.

Media Research Center and the Fairness Doctrine

Media Research Center President Brent Bozell is challenging Federal Communications Commission Chairman Michael Copps to support an up or down vote on the Broadcaster Freedom Act in the House. The bill, which would bar reimpostition of the doctrine by the FCC, passed the Senate in late February. Bozell writes, "I am most appreciative that my friend - FCC Chairman Michael Copps - has no intention of reinstating the anti-First Amendment so-called 'Fairness' Doctrine. But his statement that those of us concerned about its reimposition are 'issue mongering' 'conspiracy theorists' is off-base given the stated desires of so many members of Congress." He listed 17 legislators who he said have recently called for the doctrine's return, and "reminded" Chairman Copps that he would soon be joined by as many as four new commissioners who might vote to reinstate the doctrine.

Smartphone launch key to Palm's survival

The long-awaited Palm Pre smartphone will go on sale in the US on June 6 and will be available in Sprint Stores, Best Buy, RadioShack and a few Wal-Mart stores for $199.99, after a $100 rebate, with a two-year contract - matching the price of Apple's 3G iPhone. The new handset, unveiled by Palm at the Consumer Electronics Show in Las Vegas in January, features a touchscreen as well as a slide-out keyboard and a new web-based operating system developed by Palm to replace the ageing system used on most of its current family of Treo smartphone devices. Its success is widely viewed as crucial for the survival of Palm and important for Sprint Nextel, the third- largest US mobile network operator, which desperately needs a "hot" smartphone to compete with the 3G iPhone, sold by AT&T, and the BlackBerry Storm, sold by Verizon Wireless. While the Pre is expected to be in short supply initially, some analysts believe it could be upstaged by a new cheaper iPhone, which is expected to be announced by Apple as early as June 8.

Amazon Counters Discovery With E-Commerce Patent Suit

Online retailer Amazon.com has sued Silver Spring-based Discovery Communications for infringing on patents related to product searches on its shopping Web sites, escalating a legal battle that began in March when Discovery claimed that its inventions were used in Amazon's Kindle book readers. In a lawsuit filed Friday in Seattle, Amazon said Discovery's online store violated four patents that allow consumers to narrow searches for products or receive recommendations based on previous purchases. Amazon is seeking a court order to prevent Discovery from continuing to use the patents, as well as cash compensation for prior use.