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January 2011

Review Of Juan Williams' Firing Done; NPR News Exec Resigns

NPR just released two statements — one on the completion of an independent review of the dismissal of news analyst Juan Williams and another on the resignation of Senior Vice President for News Ellen Weiss.

On the firing, the review concluded that Williams' contract was terminated in accordance with its terms. The contract gave both parties the right to terminate on 30 days’ notice for any reason. The facts gathered during the review revealed that the termination was not the result of special interest group or donor pressure. However, because of concerns regarding the speed and handling of the termination process, the Board additionally recommended that certain actions be taken with regard to management involved in Williams’ contract termination.

Weiss was the NPR executive who informed Williams of his dismissal, which came after he said on Fox News Channel that he gets nervous when he sees people in "Muslim garb" on airplanes. NPR said the remark was the latest in a pattern of problem comments made by Williams over recent years.

The NPB Board adopted recommendations that NPR:

  • Establish a committee comprised of NPR personnel, respected journalists, and others from outside NPR to review and update NPR’s current Ethics Code (the “Code”).
  • Develop policies and procedures to ensure consistent application of and training on the Code to all employees and contractors.
  • Review and update policies/training with respect to the role of NPR journalists appearing on other media outlets to ensure that they understand the applicability of the Ethics Code to their work and to facilitate equitable and consistent application of the Code.
  • Review and define the roles of NPR journalists (including news analysts) to address a changing news environment in which such individuals have a myriad of outlets and new platforms for their talent, balancing the opportunities presented by such outlets and platforms with the potential for conflicts of interest that may compromise NPR’s mission.
  • Ensure that its practices encourage a broad range of viewpoints to assist its decision-making, support its mission, and reflect the diversity of its national audiences. The Human Resources Committee of the Board is working in conjunction with key members of NPR management on this issue.

AP seeks more complete, contextualized reporting with new DC editor

With the appointment of a new editor who will coordinate coverage between Washington and bureaus around the country, the Associated Press is embarking on a plan to report on the federal government and national issues in a more complete, contextualized way, rather than relying on the view from Washington.

In her new post as an assistant Washington bureau chief, Wendy Benjaminson will supervise a dozen regional reporters who cover beats that align with their geographies. But unlike her predecessor, she will seek ways to connect those reporters to bureaus around the country, where AP reporters often find themselves working on similar stories — but from a different perspective. Benjaminson said she hopes to identify trends earlier and capitalize on the source networks of reporters based in Washington and the states, resulting in a “larger, smarter story that can not only go in the local paper but can go national as well.” “She will be charged with spotting trends and coordinating reporting from the states and from the nation’s capital on issues such as spending and deficits, immigration, pensions and Medicaid,” the AP said.

Verizon's Seidenberg: Wireline growth driven by clouds, enterprise, fiber-based services

With its landline voice business continuing to decline at a regular clip, Verizon's CEO and Chairman Ivan Seidenberg has made it a goal in 2011 to drive growth in its wireline business.

Speaking at this week's 21st annual Citi 2011 Global Entertainment, Media and Telecommunications Conference in Phoenix, Seidenberg believes that the best way to achieve this goal is will be in advancing its presence in the cloud services segment, global network expansion to support multinational corporations and growing FiOS. When Verizon initially launched FTTP FiOS strategy, the ILEC thought it would get 25 percent penetration in the markets it launched the service. However, in the markets where it has FiOS penetration for 36 months it is seeing 40 percent penetration on video and data. Despite the growth it is seeing on its mobile networks, Verizon believes there will still be needed to have high bandwidth fiber-based facilities into homes.

Not surprisingly, the killer application driving the need for fiber is video. "If you get underneath what's driving the fiber in the metropolitan markets it has been the need for increased video, increased reliability and security for customers," Seidenberg said. "The way we think about it is even though we have this great 4G mobile network, you still need to have fiber to the premises because we think your home will utilize a Gigabit of bandwidth."

Broadband payback not just about subscriber revenues

When doing a cost/ benefit analysis on telecom infrastructure investment, it’s important to take into account not only the direct revenues that the infrastructure generates but also the dollars that flow into a community as a result of the investment.

Imagine trying to sell a home today that only had party line phone service and think about the impact that would have on the value of the home. Now apply that logic to broadband. With two-thirds of U.S. households accustomed to having broadband connectivity, I'm already hearing that homes in areas with inadequate broadband coverage are becoming more difficult to sell. And that situation is only going to get worse as young people who never knew a world without broadband begin to buy homes. It’s not easy to quantify the indirect benefits that flow from modern telecommunications infrastructure, but now and then someone takes a crack at it. Nokia Siemens Networks, for example, commissioned a study that found that the U.S. could increase its GDP by $100 billion with an increase of 10 additional broadband lines per 100 individuals. Another study, from the Internet Innovation Alliance, found that using broadband could save U.S. households an average of nearly $8,000 a year. And although some broadband benefits are difficult to quantify, most people recognize that modern telecommunications infrastructure can help communities attract and retain business and that broadband applications—such as telemedicine and distance learning--can save money and improve a community’s quality of life. Taking these factors into account, perhaps broadband payback periods aren't as long as they might seem.

America COMPETES Act Keeps America's Leadership on Target

President Obama's signing of the America COMPETES Act this week represents a major milestone on this Nation’s path to building an innovation economy for the 21st century -- an economy that harnesses the scientific and technological ingenuity that has long been at the core of America’s prosperity and applies that creative force to some of the biggest challenges we face today.

Whether it’s developing new products that will be manufactured in America, or getting and using energy more sustainably, or improving health care with better therapies and better use of information technology, or providing better protection for our troops abroad and our citizens at home, innovation will be key to our success. And that is exactly what the COMPETES Act is all about. This bill comes at a crucial time in our Nation’s economic and technological trajectory -- a time that President Obama characterized last month as a “Sputnik moment.” Just as Americans in 1957 quickly grasped the significance of the Soviet Union’s historic launch of the world’s first artificial satellite—responding aggressively with new investments in research and development (R&D) and science, technology, engineering, and mathematics (STEM) education -- Americans today are recognizing that we are once again on the brink of a new world. The decisions we make today about how we invest in R&D, education, innovation, and competitiveness will profoundly influence our Nation’s economic vitality, global stature, and national security tomorrow. COMPETES keeps America on a path of leadership in an ever more competitive world. It authorizes the continued growth of the budgets of three key agencies that are incubating and generating the breakthroughs of tomorrow -- the Department of Energy’s Office of Science, the laboratories of the National Institute of Standards and Technology, and the National Science Foundation. COMPETES also bolsters this Administration’s already groundbreaking activities to enhance STEM education -- to raise American students from the middle to the top of the pack and to make sure we are training the next generation of innovative thinkers and doers.

[Holdren is Assistant to the President for Science and Technology and Director of the Office of Science and Technology Policy]

COMPETES Act Codifies First Restructuring of NIST in a Generation

President Obama signed this week the America Competes Reauthorization Act of 2010, legislation that provides for the first major reorganization of the National Institute of Standards and Technology in a generation.

The new law also directs NIST to collaborate with industry to develop cloud computing standards, formalizing NIST's cloud computing activities begun in the past two years. Another provision of the act gives the NIST director a promotion, to undersecretary of commerce for standards and technology. NIST is part of the Department of Commerce. The reorganization reduces to six from 10 the number of laboratories, the main research and development components at NIST. It essentially keeps intact the Information Technology Laboratory, the NIST unit that provides IT and cybersecurity guidance to federal agencies. The restructuring of the other labs is patterned after the interdisciplinary way the IT Lab functions.

Utah Public Service Commission Approves CenturyLink-Qwest Merger

The Utah Public Service Commission (PSC) has unanimously approved the pending merger between CenturyLink and Qwest Communications with no additional conditions. The PSC voted to approve the merger during its Jan. 4 meeting in Salt Lake City. As part of the approval process, the combined company committed to investing a minimum of $25 million in broadband infrastructure in Utah over five years. When the merger is completed the combined company will serve more than 600,000 access lines throughout the state.

Nebraska Public Service Commission Approves CenturyLink-Qwest Merger

The Nebraska Public Service Commission (PSC) unanimously approved the pending merger between CenturyLink and Qwest Communications. As part of the approval process, the companies committed to investing a minimum of $10 million in broadband infrastructure in Nebraska over five years. When the merger is completed, the combined company will serve more than 200,000 access lines in the state.

Kevin Martin Joins Board of AirWalk Communications

Kevin Martin, former Chairman of the Federal Communications Commission (FCC) and leading expert in telecommunications and technology policy, has joined the board of directors at AirWalk Communications, a maker of small cell base stations.

AirWalk announced the appointment of Martin to the position, noting that his presence on the board is part of a new expansion stage by the company. AirWalk is known for compact macrocell, picocell, and femtocell networks. Martin served as Chairman for the FCC from March 2005 to January 2009, where he created a regulatory environment that led to exponential growth in technological innovation, and wireless infrastructure and coverage for Americans. While with the FCC, he conducted the two most successful auctions of spectrum, dramatically increased broadband investment and competition by removing prohibitive legacy regulations, and led the FCC initiative of preparing consumers for the nationwide transition from analog to digital broadcasting.

January 6, 2011 (Broadband; Qualcomm; CES)

BENTON'S COMMUNICATIONS-RELATED HEADLINES for THURSDAY, DECEMBER 31, 2010

Our second catch-up from last week is now online http://bit.ly/eftLAO ... and, apparently, there's some sort of gathering in Las Vegas this weekend (see more below) http://bit.ly/fftBkj

INTERNET/BROADBAND
   Unplugged: How Obama’s bid to expand Internet access ran into big trouble
   Rep. Blackburn gets Democrat's support on legislation to strike network neutrality
   Tea Party Targets The FCC
   What Happened to Network Neutrality?
   What it's like when the FCC does its job
   TV, Internet and The Merger: What's best for consumers?
   The Next Net
   Internet sales tax could ease California deficit

OWNERSHIP
   Qualcomm Acquires Atheros for $3.1 billion
   2011: The Future of Consolidation In The Online Video Industry
   Google Was the Busiest Startup Acquirer of 2010
   Copy some webpages, owe more than the national debt
   Turner Chief Explains How TV Industry Will Neutralize Netflix

GOVERNMENT & COMMUNICATIONS
   The State Department Has $30 Million to Spend on Internet Freedom
   Open Internet Apps Challenge
   Google Wins One Against Microsoft
   GOP readies major push for Internet transparency
    See also: House Oversight Committee to post complete hearing videos online - video
   Hungary Under Fire For Media Law As It Prepares To Take EU Helm

NEWS FROM CES
   Government flocks to Vegas for tech show
   Cisco Introduces Videoscape System in Bid to Simplify Television Industry
   See also:    Cisco 'Videoscape' To Arm Ops In Co-Opting Over-The-Top
   Nielsen: U.S. consumers crave TVs, mobile devices
   LG SmartTV Upgrader aims at AppleTV and GoogleTV
   Intel's effort to lure Hollywood to PCs with new chips
   AT&T Pins 4G Label to Existing Network
   A Bonanza in TV Sales Fades Away
   Booming TV market a boon for app makers, tech firms

PRIVACY
   Facebook, States Reach Agreement
   Facebook Wants to Supply Your Internet Driver's License
   Scott Kamber On His ‘Spate’ Of Lawsuits Over Internet Privacy

HEALTH
   Online health info popular but often unchecked
   Blumenthal Looks Back at 2010, Offers Peek Into Plans for 2011
   North Dakota rural health grants announced
   ONC adds $12M in EHR tech support to small hospitals

COMMUNITY MEDIA
   On the Media: KCET still delivers the news — or does it?
   Right Wing Hijacks Radio: GOP Wins!

MORE ONLINE
   Paul Brigner joins MPAA as chief technology policy officer
   An Ex-Regulator's Predictions for 2011

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INTERNET/BROADBAND

HOW BROADBAND EXPANSION RAN INTO TROUBLE
[SOURCE: New Republic, AUTHOR: Tiffany Stanley]
[Commentary] More than a quarter of Americans do not have home Internet access and more than a third lack a high-speed, broadband connection. Compared to 30 other industrialized countries, the U.S. ranks fifteenth in broadband quality and penetration. The most egregious disparities are predictable: The poor, the disabled, minorities, and seniors have abysmal rates of broadband use. Ostensibly the most powerful, prosperous, technologically advanced country in the world has left over a fourth of its citizens disconnected. President Obama has made closing this digital divide a priority. In December 2008, when he signed the American Recovery and Reinvestment Act, he declared that we would “renew our information superhighway.” The $787 billion stimulus allotted $7.2 billion for the increase of broadband use in rural and underserved areas, and mandated the creation of a National Broadband Plan (NBP) by the Federal Communications Commission (FCC) to devise a way to connect 100 million more Americans -- a third of the U.S. population -- with affordable broadband by 2020. It has been nine months since the NBP was delivered to Congress, and those billions of dollars have been spent. And yet, we are only slightly better off than we were at the outset. Achieving better Internet access will not be easy, but widespread broadband access is essential. For every person who has opted out of the Internet revolution, there are communities of people who are scrambling to catch up.
benton.org/node/47451 | New Republic
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BLACKBURN DROPS ANTI-NET NEUTRALITY BILL
[SOURCE: The Hill, AUTHOR: Sara Jerome]
Rep Marsha Blackburn (R-TN) filed legislation Jan 5 to strike down Internet line regulations passed by the Federal Communications Commission (FCC) in December. She already has a Democrat supporting her effort, with Blue-Dog Democrat Rep Dan Boren (D-OK) joining her on the bill. Blackburn's office said she is also joined by more than 60 members, including the majority of Republicans on the House Commerce Committee. The bill states that regulations impacting the Internet must be left to Congress, striking the FCC's rules.
benton.org/node/47449 | Hill, The
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TEA PARTY TARGETS FCC
[SOURCE: Public Knowledge, AUTHOR: Art Brodsky]
[Commentary] All around Washington, members of the telecommunications lawyer clan are doing a good bit of navel-gazing about the Net Neutrality order released by the Federal Communications Commission (FCC) just before Christmas. They are delving deep into the subtleties of Sec. 706 (a) of the Communications Act, working out intricate arguments on FCC authority and policy. At the same time, the Tea Party is planning a naval bombardment offensive to counter the Commission’s order. Twice between Christmas and New Year’s, the Tea Party put the FCC in the sights of its 16-inch guns, sending emails to supporters to rally support for a campaign that would “Protect Our Internet Voice.” The headline in the email reads, “The Tea Party Must Stop the Governments (sic) Freedom Grab!” If FCC Chairman Julius Genachowski thought he could escape Congressional and Tea Party-driven scrutiny by forging this weak “compromise” because AT&T was nominally on board, he certainly miscalculated. As a result, Chairman Genachowski and his colleagues will end up spending quality time before House interrogators to defend a rule that has loopholes larger in some respects than the rule itself. It’s just a shame that the FCC doesn't have something stronger to defend that would be equal to the vociferousness of the attacks.
benton.org/node/47409 | Public Knowledge
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WHAT HAPPENED TO NET NEUTRALITY?
[SOURCE: The Atlantic, AUTHOR: Peter Osnos]
[Commentary] The network neutrality issue is actually far from resolved, despite the Federal Communications Commission's action. In fact, by reaching what was essentially a compromise decision, the FCC set the stage for another round of contention, almost certain litigation, and possibly a move for congressional action to override the FCC. In the meantime, what the FCC did was adopt rules that do assure access to material on the Internet -- Facebook and YouTube, for example -- without restrictions or extra pricing. But when it comes to wireless providers and mobile devices, the major companies such as Verizon and AT&T now have latitude, which they seem destined eventually to use to create tiers of service that are determined by price or other factors that the companies will determine. While the Internet is approaching universal usage, Wi-Fi and mobile technologies are evolving into the fastest growing sectors of communications. What the FCC has done is create a major administrative loophole that enables the providers to determine how those technologies will work -- although it does require them to be more transparent in explaining their decisions as they are made. The Obama administration's commitment to net neutrality -- the broadest possible access for the public to technology across all platforms -- has been significantly weakened in many respects by the FCC decision to split the Internet and wireless regulation. But rest assured that, whatever the FCC has done so far, the issues are not finally resolved.
benton.org/node/47406 | Atlantic, The
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WHEN THE FCC DOES ITS JOB
[SOURCE: Fortune, AUTHOR: Chadwick Matlin]
It took Skype two years to finally make its way to the iPhone. And when it did, it only allowed calls over a Wi-Fi connection -- talking to friends over 3G was strictly prohibited. AT&T's network, we were told, could barely handle regular phone calls, let alone ones that took place over the Web. A million people downloaded the app in its first two days anyway. Over a year and a half later, that kind of limitation is regarded as what it is: anti-competitive. Last week, Skype released its latest app update, and it now lets you do more than just call somebody -- it lets you see your friend as you're talking to her, and lets her see you. It'll let you do this no matter what network you're using: Wi-Fi, 3G, whatever. Videochat isn't new, as you've no doubt learned from those treacly (yet effective) Apple commercials that promote the iPhone's FaceTime feature. But FaceTime is Wi-Fi-only; AT&T doesn't allow Apple to connect video chat over 3G. That Skype, a third-party company, now bests Apple at its own game is a remarkable about face from the way things were. Send your thank-you notes to the FCC. By asking a few questions, the FCC made 2010 the year that the iPhone platform was finally forced to play nice. The new Skype videochat feature is a fitting capstone. After more than two years of doublespeak, restrictions, and censorship, it appears the free and open mobile future we've dreamed about is upon us.
benton.org/node/47405 | Fortune
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WHAT'S BEST FOR CONSUMERS?
[SOURCE: Connected, AUTHOR: John Dunbar]
Those in the know say you don't need a television to watch TV anymore. All you need is an Internet connection and a screen. Missed last night’s episode of 30 Rock? No worries. Log on to Hulu and watch it on your laptop. Once you've done that, it’s just a small step to drop your cable or satellite subscription and save a bunch of money, right? Not so fast. Watching your fill of free TV online isn't so easy, especially if you want to see this week’s episode of Glee at the same time as your cable-connected friends or view special events like the Super Bowl. And Comcast’s plan to acquire a majority stake in NBC Universal -- marrying the king of distribution with a household name in programming -- is likely to make free Internet TV trickier, not easier.
benton.org/node/47403 | Connected | Connected - Comcast's clout
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THE NEXT NET
[SOURCE: Shareable, AUTHOR: Douglas Rushkoff]
[Commentary] The moment the "net neutrality" debate began was the moment the net neutrality debate was lost. For once the fate of a network - its fairness, its rule set, its capacity for social or economic reformation - is in the hands of policymakers and the corporations funding them - that network loses its power to effect change. The mere fact that lawmakers and lobbyists now control the future of the net should be enough to turn us elsewhere. That's right. I propose we abandon the Internet, or at least accept the fact that it has been surrendered to corporate control like pretty much everything else in Western society. It was bound to happen, and its flawed, centralized architecture made it ripe for conquest. Shall we use telephony, ham radio, or some other part of the spectrum? Do we organize overlapping meshes of WiMax? Do we ask George Soros for some money? MacArthur Foundation? Do we even need or want them or money at all? How might the funding of our network by a central bank issued currency, or a private foundation, or a public university, bias the very architecture we are trying to build? Who gets the ability to govern or limit what may spread over our network, if anyone? Should there be ways for us to transact? To make the sorts of choices that might actually yield our next and truly decentralized network, we must take a good look at the highly centralized real world in which we live - as well as how it got that way. Only by understanding its principles, reckoning with the forces at play, and accepting the battles we have already lost, might we begin to forge ahead to create new forms that exist beyond any authority's ability to grant them protection.
benton.org/node/47448 | Shareable
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INTERNET SALES TAX
[SOURCE: San Francisco Chronicle, AUTHOR: Andrew Ross]
[Commentary] Dear Gov. Jerry Brown: As you've been so busy, you may have missed some data points of relevance as you put your budget together: U.S. Internet sales are growing by 10 percent annually. By the time you do, or do not run for re-election, in 2014, they will have grown to $250 billion, according to Forrester Research. Had online retail companies, like Amazon.com, paid sales tax in the four years from December 2005 to December 2009, according to the State Board of Equalization, California would have captured $600 million in revenue. In its last quarter, Amazon recorded $7.56 billion in revenue, and a 16 percent increase in earnings. With its Kindles flying off the shelves this holiday season, one suspects its next reported revenue and profit will be even greater. In October, the Texas comptroller's office sent Amazon a $269 million bill covering four years of unpaid sales taxes. Amazon will probably fight it, as it has in other states like New York, whose legislated imposition of a sales tax on online retailers like Amazon that have no physical presence in the state, was upheld by a court in November. Rhode Island, North Carolina and Colorado have taken on Amazon and other non-taxpaying e-tailers, and Illinois is about to. California might have joined with these others, had your predecessor not gone all girlie-man in the face of threats from the likes of Utah's Overstock.com to pull its affiliate business out of the state if he didn't veto an Internet tax bill by Assemblywoman Nancy Skinner, D-Berkeley, in 2009. Subsequent attempts have fared no better.
benton.org/node/47465 | San Francisco Chronicle
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OWNERSHIP

QUALCOMM BUYS ATHEROS
[SOURCE: Datamation, AUTHOR: Sean Michael Kerner]
The worlds of cellular and Wi-Fi communications are about to get a whole lot closer. Mobile silicon technology vendor Qualcomm announced its intention to acquire Wi-Fi silicon vendor Atheros in a deal valued at $3.1 billion. Qualcomm will pay $45 for each Atheros share and the deal is expected to close in the first half of 2011. With the acquisition of Atheros, Qualcomm adds extensive local wireless connectivity technologies including Wi-Fi and Bluetooth. The acquisition serves to highlight the continuing convergence of wide and local area wireless networking technologies as mobile devices continue to proliferate. Qualcomm is seeing a trend emerge where cellular, computing and consumer electronics mobility are beginning to converge. Steve Mollenkopf, executive vice-president and group president of Qualcomm, noted that with tablets, vendors have been pulling in technologies from both the PC and cellular worlds. He added that with a tablet there are more things that a user needs to be able to connect with, than what a phone typically connects to.
benton.org/node/47411 | Datamation
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CONSOLIDATION IN ONLINE VIDEO
[SOURCE: MediaPost, AUTHOR: Erick Hachenburg]
[Commentary] In this season of reflection and predictions, the online video industry continues to be a trending topic. Among the top digital media stories in recent weeks have been news of multiple mergers between leading video ad networks -- and speculation of additional tie-ups to come. Part of the driving force here, of course, is the simple fact that YouTube already reigns as the top video ad network and in 2011 will expand its ad products, targeting capabilities and ad exchange, forcing continuing consolidation among the other video ad networks. YouTube delivers more reach than any of the ad networks, offers the same quality of video content, and is investing the resources to develop tools to support advertisers looking for mass audiences and commodity content. Ad networks will have no alternative than to consolidate to compete with YouTube. But consolidation among video ad networks is only the first step; the next phase will center on the increasing importance of content verticalization. In 2011, expect to see consolidation among video content companies, especially among destination sites that attract meaningful audiences by focusing on a specific content category. The focus on building out vertical content offerings in online video will mirror what we've seen in the cable TV industry over the past several years. The consolidation will happen in two ways: 1) the aggregation of properties within a content category; and 2) the aggregation of properties across content categories. Viacom is a model for both forms of aggregation. [Hachenburg is CEO of Metacafe, an independent online video site]
benton.org/node/47446 | MediaPost
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GOOGLE BIG BUYER IN 2010
[SOURCE: Wall Street Journal, AUTHOR: Scott Austin]
Google missed out on prized daily discounter Groupon in 2010, but it still acquired far more start-ups owned by venture capital firms than any other company last year. Google acquired 10 U.S. venture-backed companies this past year, double the amount of the next most-active acquirers on the list. Its acquisitions ranged from larger land grabs like AdMob Inc., the mobile ad network that sold for $750 million, to small scoops like the acquisition of 15-month-old online travel-guide service Ruba Inc. (VentureSource only counts deals that have closed, so Google’s deal to buy ITA Software Inc. for $700 million — which the Department of Justice is scrutinizing — doesn't make the cut.) Google chief Eric Schmidt lived up to his word after telling analysts on a conference call in October 2009, “We’re open for business, making strategic acquisitions, both large and small.”
benton.org/node/47432 | Wall Street Journal | Venture Capital Dispatch
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COPYING WEB PAGES
[SOURCE: ars technica, AUTHOR: Nate Anderson]
The Internet Archive's "Wayback Machine" is a set of snapshots of the Web over time. It's a wonderful way to delve into the past (see Ars in its 1999 black-and-green glory to learn why "ERD Commander turns me on"), but it's only possible thanks to rampant copying—and the potential copyright infringement that goes along with such copies. Thanks to US law, a successful copyright suit against the Wayback Machine could put the nonprofit Internet Archive on the hook for up to $150,000 per infringement. Multiply that $150,000 by the number of individual pages in the Archive and you quickly run into some serious damages. The Electronic Frontier Foundation does the math: "As of December 18, 2010, the Internet Archive had 600 preserved images of the website for the Recording Industry Association of America (RIAA). Were the RIAA to sue the Internet Archive for copyright infringement based on these preserved images and prevail, the Archive would face up to $89 million in statutory damages, even absent a finding of actual harm or any reprehensibility. And these 600 images of the RIAA website are but a small drop in the large lake of information that the Archive has collected, which includes over 150 billion web pages. Based on this figure, if all copyright owners of those webpages (or a certified class of them) were to sue and prevail, the Archive would face potential statutory damages of close to 2,000 times the United States’ national debt."
benton.org/node/47422 | Ars Technica | EFF
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TV INDUSTRY WORKING AGAINST NETFLIX
[SOURCE: paidContent.org, AUTHOR: Andrew Wallenstein]
Turner Broadcasting chairman and CEO Phil Kent talked in depth about how the TV business is circling the wagons to marginalize Netflix. Addressing what he called “the elephant in the room,” Kent singled out Netflix as the fly in the ointment when it came to the syndicated acquisitions two of his biggest cable properties, TBS and TNT, count on as key to their businesses. He spoke of a dawning awareness throughout the TV industry “to the long-term effect to having top-tiered programming on SVOD services,” he said, referring specifically to Netflix. “We tell our suppliers, the studios we buy from: This is going to have a significant impact on what we'll be willing to pay for programming or even bid at all.” But if you thought Kent was being hard on the studios—Warner Bros. is actually a corporate sibling of Turner’s—that’s nothing compared to what he says the industry is doing to Netflix to effectively block Reed Hastings from getting his hands on premium TV series. The new and old broadcast sitcoms and dramas Turner pays billions for may never even get an opportunity to be on Netflix because Kent implied SVOD rights are being “frozen” in the latest rounds of dealmaking.
benton.org/node/47458 | paidContent.org
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GOVERNMENT & COMMUNICATIONS

STATE DEPT AND INTERNET FREEDOM
[SOURCE: Fast Company, AUTHOR: EB Boyd]
The State Department might not be very happy about WikiLeaks (and its publication of hundreds of thousands of confidential diplomatic communications), but that’s not making it put the brakes on its quest to foster Internet freedom around the world. Foggy Bottom has just asked to hear from organizations that are interested in receiving government funds to “foster freedom of expression and the free flow of information on the Internet and other connection technologies.” The agency has $30 million to spend on such programs and is planning on making grants to the tune of $500,000 to $8 million. The “Request for Statements of Interest” is specifically looking for projects and services that counter censorship and enable Internet users to get around firewalls and filters in "acutely hostile Internet environments"; provide secure mobile communications; train users in "digital safety"; and support “digital activists” and build the technology capacities of civil society organizations in the Middle East and Iran. It will also support Internet public policy work, emergency funding for netizens “under threat because of their web-based activism,” and centers that track censorship and online dialogue in those same “hostile Internet environments.”
benton.org/node/47412 | Fast Company
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FCC ANNOUNCES OPEN INTERNET APPS CHALLENGE
[SOURCE: Federal Communications Commission, AUTHOR: ]
The Federal Communications Commission announced a challenge to researchers and software developers to engage in research and create apps that help consumers foster, measure, and protect Internet openness. The Open Internet Challenge is part of the FCC's efforts to empower end users to help preserve Internet openness. The Open Internet Challenge seeks to encourage the development of innovative and functional applications that provide users with information about the extent to which their fixed or mobile broadband Internet services are consistent with the open Internet. These software tools could, for example, detect whether a broadband provider is interfering with DNS responses, application packet headers, or content. The research component of the challenge seeks academic papers that analyze relevant Internet openness measurements, techniques, and data. The challenge is designed to encourage and reward the creation innovative and useful research. The winners of the Open Internet Challenge will be invited to FCC headquarters in Washington, D.C., to present their work to the Commission and be honored with an FCC Chairman's reception. Winners will have their apps and research featured on the FCC's website and social media outlets. Winners will be reimbursed for authorized travel expenses. The submission deadline for the challenge is June 1, 2011, and a public voting period will run from June 15, 2011 through July 15, 2011. The winner of the public vote will receive the People's Choice Award. Other award category winners will be chosen by a panel of expert judges. Winners will be announced in August 2011.
benton.org/node/47423 | Federal Communications Commission | Challenge.gov | FCC blog | The Hill | B&C
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GOOGLE WINS ONE OVER MICROSOFT
[SOURCE: Wall Street Journal, AUTHOR: Amir Efrati]
Google won a key victory in a lawsuit against the US Interior Department, two months after the Web giant accused the agency of improperly favoring rival Microsoft in a contract bid to provide a new email system. Susan Braden, a federal judge in Washington (DC), on Jan 3 issued a preliminary injunction that prevents the Interior Department from deciding to use Microsoft's email and collaboration tools for its 88,000 employees as part of the federal government's move to Web-based applications software. In an order unsealed late Jan 4 in the U.S. Court of Federal Claims, Judge Braden wrote that Google had made a preliminary showing that the agency "violated the Competition in Contracting Act," which was passed in 1984 to promote "full and open competitive."
benton.org/node/47433 | Wall Street Journal | Los Angeles Times
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GOP TRANSPARENCY
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
Republicans are planning to use the Internet as a sledgehammer to clobber the secretive way in which Congress has traditionally done business. Through a set of almost-radical changes that most Americans would probably view as common sense, the incoming GOP majority is set to approve rules saying that legislation must be posted online three days before a vote and that committee amendments will also be publicly posted. Politicians' formal votes in committees will also be disclosed, and audio and video recordings will be permanently posted "in a manner that is easily accessible to the public," according to the rules that are scheduled for a vote tomorrow. Witness testimony and amendments must be posted within 24 hours of a hearing. In two more nods to technology and openness, electronic devices will now be allowed on the House floor (as long as they don't impair "decorum"), and the opening session of the new Congress will be live-streamed on Facebook. These rules, championed by incoming House majority leader Eric Cantor and hinted at through a Twitter post last month by soon-to-be House Speaker John Boehner, are part of the Republicans' efforts to reshape the legislative process.
benton.org/node/47421 | C-Net|News.com
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HUNGRY MEDIA LAW
[SOURCE: National Journal, AUTHOR: Juliana Gruenwald]
European human rights and Internet groups are urging the European Union to pressure Hungary to change a controversial media law that went into effect at the beginning of the month and places new restrictions on Internet and other content providers. Hungary is set to take over the six-month presidency of the European Union on Thursday. The country's new law requires all content providers including newspapers, broadcast outlets and online websites to register with a Hungarian government media authority and ensure they provide balanced coverage or face possible fines or restrictions. Several groups in Europe are participating in an online protest Wednesday of the Hungarian law by blacking out their websites. One of the participating groups, the French Internet freedom group La Quadrature du Net, wrote the European Commission and president of the European Parliament Wednesday calling on them to take "urgent and concrete steps" to oppose the Hungarian law.
benton.org/node/47415 | National Journal
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NEWS FROM CES

GOVERNMENT FLOCKS TO CES
[SOURCE: The Hill, AUTHOR: Sara Jerome]
Government officials are heading to the Consumer Electronic Show in Las Vegas this week for the world's largest technology show, where they can attend events on policy issues such as network neutrality, spectrum, and distracted driving. "We have more than 50 government officials, two Cabinet secretaries, all four FCC commissioners, and one chairman," said Jason Oxman, the senior vice president for industry affairs for the Consumer Electronics Association, which hosts the show. That list includes Commerce Secretary Gary Locke and U.S. Trade Representative Ron Kirk. To attract the government crowd, CEA bills the show as a chance to see the kind of technologies their constituents are using and to meet with top technology officials. The show also makes tech issues more tangible for policy makers, Oxman said.
benton.org/node/47425 | Hill, The
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PRIVACY

FACEBOOK, STATES REACH AGREEMENT
[SOURCE: National Journal, AUTHOR: Juliana Gruenwald]
Facebook and two groups representing state attorneys general and chief information officers have reached an agreement aimed at resolving state concerns over the social media site's terms of service. The National Association of State Chief Information Officers and the National Association of Attorneys General said the agreement will apply to states already on Facebook, and they expect it will serve as a model to be used by other states as they move to set up pages on Facebook. NASCIO's Social Media Legal Workgroup and a NAAG task force began discussions more than a year ago with Facebook to resolve legal problems states identified related to Facebook's terms of service that kept many states from utilizing it and other social media sites. NASCIO said its workgroup would seek similar agreements with other social media sites to resolve concerns that have barred states from using those sites as well.
benton.org/node/47417 | National Journal
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FACEBOOK AND IDENTITY
[SOURCE: Technology Review, AUTHOR: Simson Garfinkel]
Although it's not apparent to many, Facebook is in the process of transforming itself from the world's most popular social-media website into a critical part of the Internet's identity infrastructure. If it succeeds, Facebook and Facebook accounts will become an even bigger target for hackers. As security professionals debate whether the Internet needs an "identity layer" -- a uniform protocol for authenticating users' identities -- a growing number of websites are voting with their code, adopting "Facebook Connect" as a way for anyone with a Facebook account to log into the site at the click of a button.
benton.org/node/47414 | Technology Review
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HEALTH

ONLINE HEALTH INFO
[SOURCE: Reuters, AUTHOR: Kate Kelland]
The number of people looking for health information online is set to soar as workers return from holiday breaks, but few will check where the information comes from, according to an international survey. A report by researchers at the London School of Economics (LSE) commissioned by the private healthcare firm Bupa said that with smartphones and tablet computers set to outsell personal computers by 2012, more health information is available online and there are more ways to access it than ever before. The Bupa Health Pulse survey questioned more than 12,000 people in Australia, Brazil, Britain, China, France, Germany, India, Italy, Mexico, Russia, Spain and the United States and found that 81 percent of those with Internet access use it to search for advice about health, medicines or medical conditions. Russians search for health advice the most on the Internet, followed by China, India, Mexico and Brazil. The French search for online health information the least, according to the survey's findings. It also found that 68 percent of those who have access have used the Internet to look for information about specific medicines and nearly 4 in 10 use it to look for other patients' experiences of a condition.
benton.org/node/47396 | Reuters | Bupa
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COMMUNITY MEDIA

KCET AND THE NEWS
[SOURCE: Los Angeles Times, AUTHOR: James Rainey]
KCET's daring and possibly foolish flight away from the PBS network has been in force only since New Year's Day, but it doesn't seem too early to guess that one program in the station's new lineup will not win a lot of fans. "Newsline" takes the place of the dependable and time-tested "NewsHour," the staple nightly news program that public television viewers see as the civilized antidote to the loud and contentious world of cable TV. Now, KCET viewers get half an hour of "Newsline" and half an hour of "BBC World News." There's nothing at all wrong with the former, at least if you're a resident of Asia or a swath of the western Pacific, or if you have a particular fascination with traditional Korean wedding ceremonies, the finer points of conveyor-belt sushi, Japanese trade policy or men in diapers wrestling over a large ball. That's a partial roster of the stories that arrived, front and center, on the news program Monday, the first weeknight of regular programming since KCET unveiled its post-PBS lineup. The longtime Los Angeles flagship for PBS announced last year that it would leave the public TV network in a dispute over about $7 million in annual dues.
benton.org/node/47394 | Los Angeles Times
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