December 2012

MEDIA AND VIOLENCE

WHAT NEWTOWN SIGNIFIES
[SOURCE: Pew Research Center for the People and the Press, AUTHOR: ]
The shootings at an elementary school in Newtown (CT) have drawn widespread public interest. A weekend survey finds that 57% of Americans say they followed news about the tragedy there very closely. That is higher than interest in the shootings at an Aurora, Colo. movie theater in July (49% very closely), though not as great as interest in the Columbine shootings in 1999 (68%). Nearly six-in-ten (57%) say they followed news about the Newtown shooting very closely, making it by far the public’s top story last week. News interest in the Newtown shooting is higher than for other recent gun tragedies, including shootings in Aurora, Colo. (41% very closely), Tucson, Ariz. (49% very closely), and Virginia Tech (45% very closely). In April 1999, somewhat more followed news about shootings at Columbine High School in Littleton, Colo. very closely (68%).
benton.org/node/142002 | Pew Research center for the people and the Press
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CONNECTICUT COVERAGE
[SOURCE: The Week, AUTHOR: Matt Lewis]
[Commentary] It's time to have a national conversation... about the media. When it comes time for moralizing, the media predictably assumes that the availability of guns is the problem, without considering how journalists themselves might be contributing to the coarsening of our already-violent society. The entertainment-media complex promotes and glamorizes violence — for profit — in film and on TV. Meanwhile, the news media ensures that killers get the attention and fame they so desperately crave. To be sure, a transparent society demands reporting newsworthy incidents — and this definitely qualifies. But it should be done responsibly. And that is not what we have witnessed. We have instead a feeding frenzy that is all about beating the competition — not disseminating information. It's about being first, beating other media outlets, and making a name for themselves. It's a ghoulish mentality that stokes controversy and violence — for business purposes. It's a sort of "if it bleeds it leads" mentality that causes cable networks to create logos and theme music for such tragic events (all the while, they feign maudlin concern and outrage.) Come to think of it, the media is guilty of doing what they criticize big business for — putting money (in this case, ratings, newsstand sales, and web traffic) ahead of humanity and decency. Just as greedy businessmen put profit and personal gain ahead of ethics, so too do our media outlets.
benton.org/node/142001 | Week, The
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ANOTHER CASUALTY
[SOURCE: Washington Post, AUTHOR: Charles Lane]
[Commentary] Many say we need a post-Newtown “national conversation” about gun violence. We do. While we’re at it, let’s soul-search about the fact that the instantaneous spread of misinformation after mass killings is becoming almost as frequent as the massacres. And some of our leading media institutions are culpable. Something has to be done about this problem, too. Calling for restraint on the flow of information — even, perhaps, self-restraint — might make me as popular with my media brethren as a gun control advocate in the National Rifle Association. Like gun enthusiasts, we journalists have our very own section in the Bill of Rights, the First Amendment. And, not unlike the Second Amendment crowd, we tend to view complaints about misuse and abuse of our favorite freedom as a threat to it. Just as the revolver has given way to the rapid-fire Glock pistol, modern technology enables the media, our sources and our audience to communicate, accurately and inaccurately, with breathtakingly sudden impact. Journalism doesn’t need new laws to adapt — just a genuine rededication to the values of accuracy, skepticism and prudence with which we already claim to operate. No more excuses. Among the reputations we save may be our own.
benton.org/node/142000 | Washington Post
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VIDEO GAME VIOLENCE
[SOURCE: Politico, AUTHOR: Eliza Krigman]
As scrutiny of the Newtown (CT) massacre continued on Capitol Hill, Democratic lawmakers pointed fingers at another culprit in addition to the nation’s gun laws: Violent video games. Reports that school shooter Adam Lanza played such video games as "Call of Duty" and "Starcraft" led some members of Congress to call for more scrutiny of an entertainment culture they say glorifies violence, as one prominent gamer called for a national day of “ceasefire” for those who play online shooting games. “I think we need to do everything possible we can to prevent such tragedies, including addressing the culture of violence that may be spawned by video games,” said Sen. Richard Blumenthal (D-CT). From the floor of the Senate on Tuesday, Sen. Joe Lieberman (I-CT), meanwhile, called for a national commission on violence that looks not only at gun laws but the entertainment industry to examine the underlying reasons behind shootings such as those in Newtown.
benton.org/node/141998 | Politico
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DRAFT MEDIA VIOLENCE BILL
[SOURCE: Broadcasting&Cable, AUTHOR: John Eggerton]
Sen Jay Rockefeller (D-WV), chairman of the powerful Senate Commerce Committee and historically one of the loudest voices for media violence regulation, wants to introduce a bill that would require the National Academy of Sciences to study the impact of violent video games and video programming on kids. Commissioning studies is not as threatening a bill as one that would, say, authorize the Federal Communications Commission to regulate video violence as it does indecency, which Chairman Rockefeller has championed before. But it clearly indicates his interest in not letting the violence conversation end when the cable news cycle wheels on to the next big story, though it would have to continue without any immediate input from the study. The study would not be due for a year and a half, at least according to the draft language supplied by a source. The goal of the study is to determine if there is a causal relationship between video violence and aggressiveness or other harmful effects on kids, with a particular emphasis on whether video games have a "unique impact" due to their interactive, and "extraordinarily vivid" portrayals of violence. It also asks for the answer to whether violence in video programming has harmful effects distinguishable from other types of media and whether it causes long-lasting cognitive harm.
benton.org/node/142016 | Broadcasting&Cable
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OWNERSHIP

FCC MEDIA OWNERSHIP RULES
[SOURCE: Politico, AUTHOR: Sen Bernie Sanders (I-VT), Michael Copps]
[Commentary] A cornerstone of American democracy is a free and open press providing diverse viewpoints. As Thomas Jefferson said in 1823, “The only security of all is in a free press. The force of public opinion cannot be resisted when permitted to be freely expressed.” In America today, however, a trend toward corporate media consolidation is drowning diverse opinions and eliminating local control. In 1983, 90 percent of the American media was owned by 50 companies. Today, 90 percent is controlled by just six corporations: General Electric, News Corp., Disney, Viacom, Time Warner and CBS. The Federal Communications Commission may be on the verge of making a bad situation worse. It is considering a rule change that would clear the way for even more media consolidation. All Americans should be deeply concerned. We believe the public remains strongly opposed to the weakening of cross-ownership rules, as evidenced by 200,000 Americans who just in the past week signed a petition opposing the FCC’s latest proposal. That is why we call on the FCC to delay its scheduled vote in January by at least six months. In the intervening time, the commission should hold public hearings across the country, invite further public comment and get to work on practical measures to promote minority ownership and enhance diversity in media. The commissioners should listen to the voices of the American public instead of the corporate media that the FCC is supposed to regulate.
benton.org/node/142015 | Politico
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GOOGLE INQUIRY TO PRESS ON
[SOURCE: New York Times, AUTHOR: Edward Wyatt, James Kanter]
The Federal Trade Commission is unlikely to finish until January its investigation into whether Google abused its power in the search market, people briefed on the investigation said. The agency’s chairman, Jon Leibowitz, has consistently said that the commission was aiming to finish its inquiry by the end of 2012, and all signs have been pointing to an imminent settlement, including reports of a Google proposal to avoid formal punishment by promising to change some of its practices. Two people who have been briefed on the investigation said that some commissioners had asked for more time to consider possible penalties after recent reports portrayed Google as having persuaded the FTC to give the company little more than a slap on the wrist. The people briefed on the inquiry said that the FTC would most likely conclude its effort in early to mid-January. The commission is also continuing its look at whether Google abused its control of certain patents concerning mobile phone technology.
benton.org/node/142023 | New York Times | Wall Street Journal | Politico
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EMPEROR OF ALL IDENTITIES
[SOURCE: New York Times, AUTHOR: Pamela Jones Harbour]
[Commentary] Google has arguably become the Web’s emperor. Its search engine accounts for nearly 80 percent of all Web searches in the United States — and a remarkable 98 percent of searches from mobile devices. In that role, Google is not just an eponymous verb but perhaps the most central conduit of information in the nation — and, indeed, on the planet. No other search engine comes close. The Federal Trade Commission has spent nearly two years investigating whether Google’s search engine favors the company’s own commercial endeavors over rival offerings, thereby stifling competition. And even now, some analysts believe that the commission might forgo any legal action against the company in exchange for Google’s willingness to make some modest changes in the way it uses certain consumer information. This would be a severe setback for Internet users. It will allow Google to continue to amass unbridled control over data gathering, with grave consequences for privacy and for consumer choice. Its “market” is data by, from and about consumers — you, that is. And in that realm, its role is so dominant as to be overwhelming, and scary. Data is the engine of online markets and has become, indeed, a new asset class. For now, Google uses the data to sell targeted ads, but who says the company’s use of the data will be restricted to that purpose? Opt out of Google’s data collection? Sure, you can do that — but you’ll also have to delete your Gmail account and leave Google’s ecosystem. With Google’s Android operating system — which is activated in 1.3 million new mobile devices every day, and is used by more people than use Apple’s iPhone — that ecosystem is growing.
[Pamela Jones Harbour is a former commissioner on the Federal Trade Commission]
benton.org/node/142024 | New York Times
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DEADLINE FOR GOOGLE
[SOURCE: Reuters, AUTHOR: Foo Yun Chee]
The European Union set Google an ultimatum on Dec 18, giving it a month to come up with detailed proposals to resolve a two-year investigation into complaints that it used its power to block rivals, including Microsoft. The EU's antitrust chief, Joaquin Almunia, delivered the deadline in a meeting with Google Executive Chairman Eric Schmidt in Brussels. If it fails to address the complaints, the world's most popular search engine could face a lengthy battle with what is arguably the world's most powerful antitrust authority. If found guilty, it could mean a fine of up to 10 percent of its revenue, or $4 billion. "Since our preliminary talks with Google started in July, we have substantially reduced our differences regarding possible ways to address each of the four competition concerns expressed by the Commission," Almunia said. "On the basis of the progress made, I now expect Google to come forward with a detailed commitment text in January 2013."
benton.org/node/141983 | Reuters | WSJ
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FTC UNDER FIRE
[SOURCE: Washington Post, AUTHOR: Craig Timberg]
Google once was seen as such a ripe target for investigation that the nation’s antitrust enforcers battled over the right to claim it as their own, as a potential high-tech pelt to be posted on the wall alongside Microsoft and AT&T. Yet after nearly two years of a high-profile probe, Google is preparing to emerge with a negotiated settlement that many observers call a slap on the wrist. And the agency that claimed the case in 2011, the Federal Trade Commission, is facing withering criticism for delivering little after raising expectations so high. Some critics have suggested that the FTC has weakened its credibility as an antitrust enforcer while also tarnishing its hard-won reputation as the nation’s most ardent overseer of the bustling, multibillion-dollar technology industry at a time when its products are increasingly pervasive — some say intrusive — parts of Americans’ lives. “From the perspective of the Federal Trade Commission, I think it’s devastating for the whole enterprise,” said Silicon Valley lawyer Gary Reback, who represents companies seeking aggressive action against Google for allegedly manipulating its search results to gain business advantages. “It’s not like the problem goes away. It’s more likely that the Federal Trade Commission goes away.”
benton.org/node/141997 | Washington Post
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JUSTICE DEPARTMENT REACHES SETTLEMENT WITH PENGUIN GROUP IN E-BOOKS CASE
[SOURCE: Department of Justice, AUTHOR: Press release]
The Department of Justice announced that it has reached a settlement with Penguin Group (USA) Inc. – one of the largest book publishers in the United States – and will continue to litigate against Apple Inc. and Holtzbrinck Publishers LLC, which does business as Macmillan, for conspiring to raise e-book prices to consumers. The proposed settlement was filed in the U.S. District Court for the Southern District of New York. If approved by the court, the settlement will resolve the department’s competitive concerns as to Penguin, ending Penguin’s role as a defendant in the civil antitrust lawsuit filed by the department on April 11, 2012. The department’s Antitrust Division previously settled its claims against three book publishers–Hachette Book Group Inc., HarperCollins Publishers L.L.C. and Simon & Schuster Inc. The department said that the publishers eliminated retail price competition, resulting in consumers paying millions of dollars more for their e-books. The settlement with those three publishers was approved by the court in September 2012. A trial against Macmillan and Apple currently is scheduled to begin in June 2013.
Under the proposed settlement agreement, Penguin will terminate its agreements with Apple and other e-books retailers and will be prohibited for two years from entering into new agreements that constrain retailers’ ability to offer discounts or other promotions to consumers to encourage the sale of the Penguin’s e-books. The proposed settlement agreement also will impose a strong antitrust compliance program on Penguin, which will include a requirement that it provide advance notification to the department of any e-book ventures it plans to undertake jointly with other publishers and that it regularly report to the department on any communications it has with other publishers. Also for five years, Penguin will be forbidden from agreeing to any kind of most favored nation (MFN) agreement that could undermine the effectiveness of the settlement.
benton.org/node/142013 | Department of Justice | NYTimes | WSJ | FT
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PRIVACY

VIDEO PRIVACY PROTECTION ACT
[SOURCE: The Hill, AUTHOR: Pete Kasperowicz]
The House approved a bill that would make it easier for people to share their favorite movie and television show rentals online. By voice vote, members approved H.R. 6671, which would allow video rental companies to get online consent from their customers in order to share their rental preferences on the Internet. It would relax current law — the Video Privacy Protection Act — that now prevents any sharing of information related to video rental history without written consent. The VPPA was passed in 1988 after a list of videos rented by Supreme Court nominee Robert Bork were published, which led to quick demands for greater privacy. But in light of new technological developments over the last few decades, companies like Netflix have said the law makes it hard for people to voluntarily share their rental choices with friends online. Rep. Bob Goodlatte (R-VA), who sponsored the bill, said allowing customers to approve sharing their rental lists online is a reasonable step in light of the speed at which people want to share this information.
benton.org/node/141995 | Hill, The
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INSTAGRAM’S NEW TERMS OF SERVICE
[SOURCE: New York Times, AUTHOR: Jenna Wortham, Nick Bilton]
Instagram released an updated version of its privacy policy and terms of service and they include lengthy stipulations on how photographs uploaded by users may be used by Instagram and its parent company, Facebook. The changes, which will go into effect Jan. 16, will not apply to pictures shared before that date. Here’s a quick rundown of what the new terms, the most significant changes in Instagram’s short history, could mean for users.
Instagram can share information about its users with Facebook, its parent company, as well as outside affiliates and advertisers.
You could star in an advertisement — without your knowledge.
Underage users are not exempt.
Ads may not be labeled as ads.
Want to opt out? Delete your account.
benton.org/node/141988 | New York Times | Fast Company
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INSTAGRAM, FACEBOOK AND PRIVACY
[SOURCE: Washington Post, AUTHOR: Craig Timberg]
This being the Age of Social Media, the extraordinary user revolt against photo-sharing site Instagram was perhaps most easily viewed on Twitter, where shock and outrage mixed with occasional bursts of dark humor. The explosion of Instagram bashing — which echoed previous bash-fests aimed at its new corporate parent, Facebook — was over a planned policy change that appeared to give the photo-sharing site new latitude to sell images uploaded by users, without permission and without compensation. Many users say that, based on the new “Terms of Use” Instagram, they fear they could find themselves — or their friends, or even their children, if they were captured in uploaded photos — in advertisements created by the company or by Facebook.
benton.org/node/141996 | Washington Post
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DATA BROKER INVESTIGATION
[SOURCE: Federal Trade Commission, AUTHOR: Press release]
The Federal Trade Commission issued orders requiring nine data brokerage companies to provide the agency with information about how they collect and use data about consumers. The agency will use the information to study privacy practices in the data broker industry. Data brokers are companies that collect personal information about consumers from a variety of public and non-public sources and resell the information to other companies. In many ways, these data flows benefit consumers and the economy; for example, having this information about consumers enables companies to prevent fraud. Data brokers also provide data to enable their customers to better market their products and services. The nine data brokers receiving orders from the FTC are: 1) Acxiom, 2) Corelogic, 3) Datalogix, 4) eBureau, 5) ID Analytics, 6) Intelius, 7) Peekyou, 8) Rapleaf, and 9) Recorded Future. The FTC is seeking details about:
the nature and sources of the consumer information the data brokers collect;
how they use, maintain, and disseminate the information; and
the extent to which the data brokers allow consumers to access and correct their information or to opt out of having their personal information sold.
benton.org/node/141974 | Federal Trade Commission | FTC blog | AdWeek
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WIRELESS/SPECTRUM

SMARTPHONE SECURITY CHECKER
[SOURCE: Federal Communications Commission, AUTHOR: Press release]
On December 18, 2012, the Federal Communications Commission and its public and private sector partners released a new online tool, the “Smartphone
Security Checker,” to help consumers protect their mobile devices this holiday season. The “Smartphone Security Checker” is a free, easy-to-use online tool that creates a 10-step smartphone action plan to help consumers protect their mobile devices from smartphone-related cybersecurity threats. Almost half of Americans now own a smartphone and close to 20% have been the victim of mobile cybercrime. The FCC worked with smartphone security experts from the Department of Homeland Security, The Federal Trade Commission, The National Cyber Security Alliance, CTIA-The Wireless Association, Lookout, and other public and private sector partners on these mobile security best practices.
“With less than half of smartphone owners using passwords to protect their devices,” said FCC Chairman Julius Genachowski, “this new tool will be of particular value to millions of Americans. The holiday gift-giving season is a perfect time to remind consumers to take simple steps, like setting a password, to protect themselves from mobile security threats.”
benton.org/node/141976 | Federal Communications Commission | Chairman Genachowski
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DISH BUILDOUT REQUIREMENT
[SOURCE: Fierce, AUTHOR: Phil Goldstein]
The Federal Communications Commission said Dish Network must cover at least 40 percent of the population in areas covered by its spectrum with a wireless network in the next four years, or face penalties. Further, the FCC said Dish must cover at least 70 percent of that population within seven years. Dish has said it plans to build an LTE Advanced network with its spectrum. If Dish--or a future licensee of the AWS-4 spectrum--fails to hit the 40 percent mark in four years, it must hit the 70 percent coverage threshold in six, rather than seven years. Further, if Dish fails to hit the 70 percent mark in an any economic area as defined by the FCC, it will automatically lose its right to deploy service there. Another critical detail that emerged from the FCC order was the power limits placed on a portion of Dish's uplink spectrum.
benton.org/node/141970 | Fierce
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HEALTH

BEYONCE AND PEPSI
[SOURCE: AdWeek, AUTHOR: Katy Bachman]
The Center for Science in the Public Interest, a nutrition watchdog, urged Beyoncé Knowles to rethink her $50 million deal with Pepsi as the soft drink's "brand ambassador." In a letter to the pop star, the Center for Science in the Public Interest told Knowles that by lending her name and image to the product, she is linking her "positive attributes with a product that is quite literally sickening Americans" and is associated with weight gain, obesity, diabetes, hypertension, and heart disease. Along with offering Knowles a raft of statistics linking sugary drinks to disease, the CSPI also made the argument that almost all of obesity-related health problems have a disproportionate impact on low-income, African-American and Hispanic communities. If Knowles goes ahead with the deal (it is after all, a nice chunk of change), then Michael Jacobson, CSPI's executive director, suggested that she "consider donating your proceeds to a hospital, diabetes organization, or another reputable charity involved in the prevention or treatment of soda-related diseases."
benton.org/node/141994 | AdWeek
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TELECOM

SPECIAL ACCESS DATA COLLECTION
[SOURCE: Federal Communications Commission, AUTHOR: ]
In this Report and Order and Further Notice of Proposed Rulemaking, the Federal Communications Commission continues the process of reviewing its special access rules to ensure that they reflect the state of competition today and promote competition, investment, and access to dedicated communications services businesses across the country rely on every day to deliver their products and services to American consumers. Specifically, the FCC initiates a comprehensive data collection and seek comment on a proposal to use the data to evaluate competition in the market for special access services. Special access services encompass all services that do not use local switches; these include services that employ dedicated facilities that run directly between the end user and an interexchange carrier’s (IXC) point of presence, where an IXC connects its network with the local exchange carrier’s (LEC) network, or between two discrete end user locations.
benton.org/node/141993 | Federal Communications Commission
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TELEVISION/RADIO

NIELSEN-ARBITRON
[SOURCE: New York Times, AUTHOR: Ben Sisario]
With its $1.26 billion acquisition of Arbitron, Nielsen is buying much more than the most widely followed radio ratings service. It is also extending its already substantial reach into the overlapping forms of media through which people consume their entertainment and news, and spend their money — information that is essential to advertisers. Nielsen is best known for its television ratings, but its various branches also track an array of consumer product sales, like books and music, as well as consumers’ habits online and through their mobile devices. Just on Dec 17, for example, Nielsen announced a new system with Twitter to rank TV shows by their levels of social-media chatter. Arbitron, meanwhile, has remained primarily focused on radio consumption, which has held surprisingly strong in the Internet age as people stay plugged in to their favorite radio stations, particularly while driving. Through the deal with Arbitron, Nielsen should be able to track even more of consumers’ media consumption and buying habits.
benton.org/node/141987 | New York Times | WSJ | AdWeek | B&C
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Daily Digest

Analysis

December 2012

The Night(mare) Before Xmas!

Beyond Newtown - Our Greatest Challenges

Is Telework Too Much Work?

How Television Got to be so Damn Good

Is Your Doctor's iPad Good For Your Health?

Operators join forces to simplify international Wi-Fi roaming

TechAmerica sued by own members

Kodak Announces Sale of Patents

December 18, 2012 (Public Divided over What Newtown Signifies)

The Emperor of All Identities