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  2. August 2010

August 2010

FCC Asks to Repurpose $4.5 Million to Fund Media Ownership Research, National Broadband Plan Implementation

On July 29, 2010, Federal Communications Commission Chairman Julius Genachowski wrote to Congressional Appropriations leaders proposing to reprogram $4.5 million of prior year unobligated funds to enable the FCC to focus on important media issues and continue to make a critical investment in the people needed to transform the FCC into a twenty-first century agency for the information age.

The $4.5 million in funds are currently available and would not require additional appropriation or funding for this fiscal year. The $4.5 million in funds were originally obligated as follows: $274,000 from 2004; $582,000 from 2005; $1,460,000 from 2006; $1,330,000 from 2007; and $854,000 from 2008. Chairman Genachowski proposed spending: 1) $1 million to fund research to inform the quadrennial review of media ownership rules; and 2) $3.5 million to expand the FCC's workforce in order to implement the National Broadband Plan.

Zuckerberg Versus the ACLU

The ACLU quickly criticized Facebook's new location services, but Facebook is crying fowl. Facebook released a statement Facebook Places sets a new standard for user control and privacy protection for location information. We're disappointed that ACLU's Northern California office ignores this and seems to generally misunderstand how the service works.

Specifically, no location information is associated with a person unless he or she explicitly chooses to become part of location sharing. No one can be checked in to a location without their explicit permission. Many third parties have applauded our controls, indicating that people have more protections using Facebook Places than other widely used location services available today.

ACLU responded saying it appreciates the privacy options currently available to Places users, but recommend three "straightforward steps" to provide further safeguards:
1. Limiting the default visibility of check-ins on your feed to "Friends Only."
2. Allowing you to customize your check-in privacy.
3. Providing notice to you each time you are checked in by a friend.

Fifteen Independent Spirits Using Web Video to Forge Their Way in Hollywood

A look at how filmmakers are using the Internet. Click thru to sample some online video.

How Income From News Readers Stagnates Despite Growth

Overall traffic levels may be reaching saturation and online ad prices are stagnating.

Most publishers know this, but few actually disclose their average revenue per user. Media Norge is a stand-out in that regard. Giving us a rare insight, it acknowledges average income per monthly unique visitor of two Norwegian krona (that's $0.32 or £0.21) is now less than it was back in 2006. So Media Norge, which publishes Norway's largest paper Aftenposten and classifieds site Finn.no, told investors it will "focus on improving traffic quality and value - loyalty over heads and eyeballs."

Can Hollywood keep hanging on to its aging business model?

Everywhere you look in the entertainment world these days, you see more and more people crossing the digital divide, using a staggering array of new devices to read books, watch TV shows, listen to music and, yes, even read the newspaper. The one business that seems largely immune to all this dramatic change is the movie business.

In Hollywood, the maxim seems to be: If it ain't broke, don't fix it. Even though DVD revenues are in decline, movie theater revenue is up again this year (though actual attendance is down slightly) as people continue to flock to see films the way the industry wants them to--in theaters with big screens and popcorn at the concession stand. While nearly everything is different about the way we now consume much of our music, TV and news, the moviegoing experience is largely unchanged from the way our grandparents saw films 75 years ago. As it turns out, Hollywood has something special going for it: Moviegoing is an irresistible social experience. People love communal events, where they can experience something together, bound together by a similar passion or commitment. It's why the key forms of entertainment that still reliably make lots of money are all examples of social experiences--live concerts, sporting events and moviegoing. In fact, the strategy studios use to lure millions of moviegoers to theaters is strikingly similar to the strategy baseball team owners have used in recent years to stimulate attendance at their ballparks. It's what you might call creating scarcity to drive demand.

Copps: Cable-ization of Internet is a danger to America

Speaking at the Future of the Internet Public Hearing in Minneapolis, Federal Communications Commission member Michael Copps said:

I think most of you understand how important the Internet and access to high-speed broadband are to the future of our country. This incredible technology intersects with just about every great challenge confronting our nation-whether it's jobs, education, energy, climate change and the environment, news, international competitiveness, health care or equal opportunity. There's no solution for any of these challenges that does not have a broadband component to it. We have a technology now with more power to bring about good than any communications advancement in all of history. The question is: will we use it in such a way as to maximize its small "d" democratic potential-or will we turn this, too, over to the special interests and gatekeepers and toll-booth collectors who will short-circuit what this great new technology can do for our country?

The Internet was born on openness, flourished on openness and depends on openness for its continued success. Easy to say-not so easy to guarantee. We must not ever allow the openness of the Internet to become just another pawn in the hands of powerful corporate interests. The few players that control access to the wonders of the Internet tell us not to worry. But I am worried. How can we have any confidence that their business plans and network engineering are not going to stifle our online freedom? You know, history is pretty clear that when some special interest has control over both the content and distribution of a product or service -- and a financial incentive to exercise that control -- someone is going to try it. That's a monopoly or an oligopoly or whatever you want to call it -- I call it a danger to America.

And the present danger is that big business will put us on the road to the cannibalization, cable-ization and consolidation of broadband and the Internet. Oh, the special interests tell us not to worry. New technologies always work for the public good. Broadcasters said just give us a ton of free spectrum -- hundreds of billions of dollars as it turned out -- and the airwaves would always serve the people first. You saw what happened there! Then cable came along and said they would fill the holes in the road that broadcasting ended up creating -- you know what happened there when you look at the programs you get and, worse, the bills you get. In both cases, we were too quick to take their word. Now the big Internet service providers give us the same pitch: "Don't worry; be happy; we would never compromise the openness of the Internet." After what happened to radio and television, and after what happened to cable, should we take their word? I don't think so!

Future of Music Coalition
Oct 3-5, 2010
Washington, DC

http://futureofmusic.org/events/future-music-policy-summit-2010

Programming will feature:

  • Visionary presentations from leaders in the music-tech space.
  • Special conversations with leading musicians, producers and policymakers.
  • Data, data, data: what we're learning about consumer behavior, and how musicians, managers, labels and venues use data to streamline careers and increase revenue.
  • Tools and tips for the smart musician: new artist checklists, case studies about direct-to-fan experiments, sage wisdom from expert lawyers, managers and PR folks.
  • Copyright and culture in the digital age: how musicians and songwriters are approaching the "termination of transfer" process, the complex nature of sampling, the challenges of applying Western copyright norms in international cultural communities.
  • The future of music distribution: will we access everything in the cloud? Will ISPs be the new gatekeepers? Leading experts will discuss and debate.
  • ...plus movie screenings, networking parties, a Pho dinner and a rock show.

Practising Law Institute and the Federal Communications Bar Association
Dec. 9 - 10, 2010
Omni Shoreham Hotel-Washington, DC
http://www.pli.edu/product/seminar_detail.asp?id=60639

Once again, Practising Law Institute and the Federal Communications Bar Association are co-sponsoring the nation's leading annual conference on telecommunications and broadband law and regulation. This comprehensive program provides a detailed understanding of the hottest issues facing the telecommunications industry today at the FCC, Congress, and within the executive and judicial branches. Hear directly from top practitioners, in-house counsel from top telecommunications companies, and key government officials, including FCC Commissioners and Bureau Chiefs. If you're looking to learn what legal challenges lay ahead for telecommunications practitioners, this is the program for you!

What You Will Learn

The country's foremost public and private sector officials provide an intensive overview of current trends and developments to come in various industry segments - including wireless, wireline telecommunications, broadband Internet and international fields. The Institute also concentrates on industry competition, convergence and consolidation.

  • Fast-paced panel discussions featuring both government and industry representatives
  • Keynote speeches by FCC members and other top government policy makers
  • Learn important updates on wireline, wireless, and the future of the Internet
  • Get a comprehensive look ahead at the future of telecommunications
  • Hear a debate on a controversial telecommunications issue

Presented by PLI in cooperation with the Federal Communications Bar Association. The Federal Communications Bar Association (FCBA) is an organization of over 3,000 attorneys and other professionals, including engineers, consultants, economists and government officials, involved in the development, interpretation and practice of communications law and policy. The FCBA is represented as an affiliated organization in the House of Delegates of the American Bar Association. The FCBA Chairman's Dinner will take place the evening of the first day of the program at the same location.


Practising Law Institute
New York, NY
Nov 11-12, 2010

Day One: 8:45 a.m. - 5:15 p.m.

Morning Session: 8:45 a.m. - 12:00 p.m.

8:45 Electronic Media Regulation

How will the FCC proceed with its plan to re-allocate part of the broadcast spectrum to broadband services? Will the initiative be entirely voluntary?
What will be the outcome of the FCC's latest media ownership proceeding, and how will the Third Circuit's review impact it?
What will be the outcome of the FCC's broad-ranging "Future of Media" proceeding? Are more regulations in the works for broadcasters?
Will the FCC, Congress, or the Supreme Court alter the current must-carry/retransmission consent regime?
Speaker: Helgi C. Walker
Moderator: Bruce P. Keller
Panel: Rick Chessen, Jane E. Mago, Sherrese M. Smith, Gigi B. Sohn

10:15 Networking Break

10:30 Developments in First Amendment Jurisprudence

  • What are the implications of the Supreme Court's rejection in United States v. Stevens of a federal law criminalizing distribution of films showing infliction of harm to animals?
  • Will the Supreme Court, despite Stevens, reverse course and uphold a content-based ban on distribution of violent video games to minors?
  • Where is the Court going on campaign finance restrictions a year after Citizens United?
  • Will there be an impact on the media if the Court holds that it is constitutional to impose tort liability on extremists who picket military funerals to protest the recognition of gay rights?

Speaker: Paul M. Smith
Moderator: Lee Levine
Panel: Floyd Abrams, RonNell Andersen Jones, Adam Liptak, Jack M. Weiss

12:00 Lunch

Afternoon Session: 2:00 p.m. - 5:15 p.m.

2:00 Privacy Protection, Safety and Security

  • What are the standards, legislative or otherwise, governing the privacy of text messages?
  • Is there a reasonable expectation of privacy by employees who use company computers?
  • Social networking: When are service providers and advertisers liable for violating users' privacy?
  • Data protection: Will the FTC actively enforce data security standards? Will states continue to pass laws imposing liability for lax data protection?
  • Are proposed laws attempting to curb cyber-bullying and other forms of electronic harassment constitutional?

Speaker: Jane E. Kirtley
Moderator: Bruce P. Keller
Panel: David Bender, Dale M. Cohen, Maneesha Mithal, Nicole Wong

3:30 Networking Break

3:45 Reporters Privilege and Anonymous Speech

  • What does the Obama Administration's subpoena to James Risen portend for the use of confidential sources in reporting about national security?
  • The Federal Shield Law: What is the appropriate role of Congress in protecting the press from subpoenas in federal court?
  • Has the media reached a consensus on whether to fight to protect the rights of Internet posters to do so anonymously?
  • Does the reporters privilege provide viable protection against the compelled disclosure of confidential sources in defamation cases?
  • What does the Chevron subpoena say about the efficacy of a reporters privilege protecting nonconfidential but unpublished information?

Speaker: George Freeman
Moderator: Lee Levine
Panel: Eve B. Burton, James C. Goodale, Paul Alan Levy, Kurt A. Wimmer

5:15 Adjourn

Day Two: 9:00 a.m. - 5:00 p.m.

Morning Session: 9:00 a.m. - 12:15 p.m.

9:00 Defamation, Invasion of Privacy and Related Claims

  • Catsouras v. California Highway Patrol: Are the California courts reformulating the law of privacy yet again?
  • Libel reform in the U.K. and Canada: Is it real and should American lawyers care?
  • Are there cracks in the armor of Section 230?
  • Has reality television breathed new life into the false light and private facts torts?
  • Have Iqbal and Twombly had a significant impact on the litigation of libel and privacy claims?
  • How has the Internet affected the legal definitions of "public figure" plaintiffs and "media" defendants?

Speaker: Kelli L. Sager
Moderator: Lee Levine
Panel: Kevin T. Baine, Sandra S. Baron,
Slade R. Metcalf, Honorable Robert D. Sack

10:30 Networking Break

10:45 Intellectual Property

  • File sharing: Have enforcement efforts worked? Do users of peer-to-peer services have any anonymous speech or fair use defenses left? Are statutory damages constitutional?
  • Digital licensing: When does a licensee "own" digital content?
  • Copyright class actions: Will the Supreme Court's Muchnick decision affect other cases? How will it affect the Google Books litigation?
  • Has trademark enforcement on the Internet essentially become a "notice-and-takedown" regime?
  • What is the continuing impact of eBay on injunctive relief?
  • Assessing the International Anti-Counterfeiting Trade Agreement: What is it, and where is it going?

Speaker: Mary Snapp
Moderator: Bruce P. Keller
Panel: Andrew P. Bridges, Jeffrey P. Cunard, John G. Palfrey, Jennifer L. Pariser

12:15 Lunch

Afternoon Session: 1:45 p.m. - 5:00 p.m.

1:45 Newsgathering Liability

  • Can Gizmodo and other Internet-based media invoke the Privacy Protection Act to prevent and seek redress from search warrants?
  • What does Boring v. Google mean for the right to gather news and information in public places?
  • What are the implications of CNN v. Paisola for iReporters and user-generated content?
  • Does Frederick v. Biography Channel change the rules governing "ride-alongs"?

Speaker: Thomas S. Leatherbury
Moderator: Lee Levine
Panel: Stephanie S. Abrutyn, Barbara W. Wall, John W. Zucker

2:45 Access

  • NYCLU v. NYC Transit Authority: Is the constitutional right of access taking root beyond the courthouse?
  • How is the Obama Administration handling the "state secrets" privilege - did the 2008 election change anything?
  • Assessing the impact of Bloomberg v. Board of Governors: What is "third party" information and when can it be withheld under FOIA as "private" or "commercially sensitive"?
  • Can a government sponsor license the exclusive rights to access and report on a public event to a private company?

Speaker: David A. Schulz
Moderator: Lee Levine
Panel: Lucy A. Dalglish, Joseph D. Steinfield, David H. Tomlin

3:45 Networking Break

4:00 Advertising, Commercial Speech, and Corporate Expression

  • Does advertising on social networks trigger the right of publicity?
  • Regulating advertising in print media: Can Nevada restrict the advertising of prostitution? Can Virginia prevent college newspapers from publishing alcohol advertisements?
  • Will the Second Circuit's Alexander decision encourage challenges to other states' laws regulating attorney advertising?
  • What does the Supreme Court's decision in Milavetz tell us about the viability of the Zauderer test in the context of mandatory disclosures?

Speaker: Steven G. Brody
Moderator: Bruce P. Keller
Panel: Ayala Deutsch, Bruce E. H. Johnson, Thomas R. Julin

5:00 Adjourn


Monday, August 23, 2010
2:30 - 4:30 pm ET
http://www.cpb.org/pressroom/release.php?prn=830

will meet telephonically to consider:

TV CSG Policy - Background and Overview (portions of this meeting may take place in executive session)

With the exception of the executive session, the public may attend and observe these meetings in the Executive Conference Room of the Corporation for Public Broadcasting.


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