August 2015

Roger Ailes' real message to Trump

[Commentary] Fox News Chairman and CEO Roger Ailes took a stand against Donald Trump on Aug 26, calling on the GOP frontrunner to apologize for his Twitter attacks on Fox News host Megyn Kelly. But about 20 minutes later a modified version of that message was being sent from Fox News headquarters to Trump, when Fox News host Sean Hannity tweeted at Trump with some advice: Stick to the issues -- you’re so good on the issues! -- and leave Megyn Kelly alone.

Hannity’s message is a useful one for Ailes, who has been characterized as being in something of a Trump conundrum: He must defend one his most valued stars, Kelly, while keeping some semblance of a relationship going with the man who is currently the Republican front runner (and, more importantly, ratings gold). The push and pull between Trump and the network has produced a surprising result: nothing has served both sides as well as this perception of conflict between the two. (Kelly’s show was number one in the key 25-54 audience demo on Aug 25) It seems that neither peace nor war has been as good for the network or the candidate as this carefully managed, “fragile” detente.

Netflix Viewership Finally Gets a Yardstick

Netflix is notoriously secretive when it comes to sharing audience viewing information -- be it with content providers, the media or Wall Street -- arguing that since it doesn’t have advertisers to please, ratings for its subscription streaming service are irrelevant. But now Hollywood is getting its first real peek inside the black box of online video streaming. In recent months, measurement specialist Nielsen has been scaling up a program to track viewing on Netflix and other online services like Amazon’s Prime Instant Video and Hulu. Nielsen said it is now tracking nearly 1,000 shows. Most major TV studios are receiving detailed readouts on how their own programming is performing, including the total viewers for any episode and basic demographics such as age and gender, Nielsen said.

Netflix has been dismissive of Nielsen’s efforts, noting that the company still doesn’t provide ratings for content viewed on tablets and phones and that its numbers wouldn’t include viewing of shows outside the US. Netflix does share some viewing information with select studios. Studios that do large content-licensing deals with Netflix have been able to negotiate for data such as the number of times a show has been streamed on a monthly basis and some tracking info to see how a show is retaining an audience over multiple episodes, people familiar with the matter say. But Netflix doesn’t provide demographic breakdowns or how many people watch any individual episode.

Fox News Scores Big Court Win Against TVEyes

On Aug 26, Federal Judge Alvin Hellerstein in New York gave Fox News a partial win in an important copyright dispute that could influence the future of the news business. Fox News has been taking on a media monitoring service called TVEyes, which is probably unfamiliar to most but has been a resource for many well-known journalists, politicians and corporations who wish to track what cable news is saying about a given topic. The cable news network has argued that a company that records some 1,400 television and radio stations and charges customers $500 a month for access to a near real time index of clips -- with the ability to share such videos -- threatens its revenues and violates its copyrights.

Last September, TVEyes convinced Judge Hellerstein that the core part of its service relating to indexing and excerpting was protected as a fair use. The judge noted that TVEyes was the only company offering such a comprehensive service and held up its transformative value. However, the judge wanted more discussion on some of TVEyes' other features. In particular, those relating to letting subscribers download, archive, e-mail and search for clips. And on the verge of the decision, the controversy led outsiders to file friend-of-the-court briefs including from CNN, NBC and CBS taking Fox News' side despite some evidence they or their reporters were customers for TVEyes. Judge Hellerstein has now decided that the archiving functions also fall under fair use but expresses concern about its sharing function and rules that features related to downloading and searching by date and time are not covered as fair use.

Google Responds to European Union Antitrust Charges

Google rebuffed the European Union’s demand that it change the way it ranks online comparison-shopping services in its search results, setting up a potentially drawn-out legal battle between the search company and a regulator empowered to levy billions of euros in fines. In a formal response to antitrust charges the EU filed spring 2015 against the California company, Google said it has argued the bloc’s antitrust regulators erred in their analysis of the fast-changing online-shopping business, misconstrued Google’s impact on rival shopping-comparison services, and failed to properly back up their legal claims.

In particular, the company argues that the EU’s charges -- detailed in a document called a Statement of Objections, or SO -- fail to take into account the fast growth of companies like Amazon.com and eBay. Google executives have said these firms pose a new competitive threat, which undermines the case that Google has harmed comparison-shopping companies like Nextag and LeGuide. Google also argues that asking it to make changes to the way it ranks comparison-shopping sites would require legal justifications the EU doesn’t have.

AP files lawsuit against DOJ over fake news story

The Associated Press is bringing a lawsuit against the Department of Justice seeking information about the government’s use of a fake news story to catch a teenager suspected of calling in bomb threats. Along with the Reporters Committee for Freedom of the Press, the AP asked a district court to force the department to turn over records regarding the FBI’s impersonation of a journalist and creation of a fake story in 2007. Reporters from the two organizations submitted Freedom of Information Act (FOIA) requests soon after news of the sting came to light in October but have not received any records in response, they said.

"We cannot overstate how damaging it is for federal agents to pose as journalists," said Katie Townsend, the litigation director for the Reporters Committee for Freedom of the Press. “This practice undermines the credibility of the independent news media, and should not be tolerated. Yet while the public clearly has a strong, compelling interest in knowing more about the FBI’s use of this tactic, the FBI seems determined to withhold that information,” she added. “We have been left with no choice but to look to the court for relief." In October 2014, federal documents revealed that an FBI agent had pretended to be an AP reporter in order to target a teenager suspected of making bomb threats to a local high school in 2007. The agent fabricated a draft of an AP story and placed it on a website made to look like The Seattle Times in order to plant malicious software on the suspect’s computer.

Tech group takes issue with student privacy bill

A major tech trade group expressed concerns with a House student privacy bill that it said would “create undue costs for our member companies" without sufficient benefit to any involved party. The legislation in question is an update of the Family Education Rights and Privacy Act, the main federal law that protects student privacy. The House version of the Student Privacy Protections Act includes provisions that require parties under the law, such as companies that provide technological tools to schools, to notify parents of data breaches. But The Internet Association said in a letter to leaders of the House Education and Workforce Committee and the bill’s sponsors that the requirements were too broad.

“As currently drafted, the data security and privacy provisions of the bill impose vague security requirements, including notice requirements triggered by a ‘breach of the security practices,’ which theoretically could include common employee errors such as failing to properly sign-in a visitor or failing to logout of a computer when going to get coffee for 5 minutes,” the group’s president, Michael Beckerman, said in the letter.

CenturyLink Accepts Nearly $506 Million in Annual Support from Connect America Fund to Expand and Support Broadband for Over 2.3 Million Consumers in 33 States

CenturyLink, Inc has accepted $505,703,762 in annual, ongoing support from the Connect America Fund to expand and support broadband for over 2.3 million of its rural customers. The Connect America Fund support will enable CenturyLink to deliver broadband at speeds of at least 10 Mbps for downloads and 1 Mbps uploads to nearly 1.2 million homes and businesses in its rural service areas where the cost of broadband deployment might otherwise be prohibitive.

'Telephone farmers' reaping the benefits of agri-tech

A new breed of tech-savvy farmers is emerging throughout Kenya. Sometimes called "telephone farmers", they are making use of a growing number of technologies and platforms to help them choose and manage their crops more efficiently. And mobile devices are giving a growing number of them the ability to do this while continuing to live and work in the city.

Tech giant IBM's EZ-Farm project -- currently being trialled in Kenya -- is exploring how sophisticated data analytics can help farmers keep in touch with what is really happening on their out-of-town smallholdings. Sensors strategically placed around the farm monitor water tank levels, the amount of moisture in the soil, as well as the performance of irrigation equipment. And infrared cameras measure rates of photosynthesis, which can indicate whether crops are being watered too much or too little. All this data is streamed wirelessly to the IBM Cloud and accessed by the farmer via a smartphone app.

Ashley Madison hack raises Digital Era questions of media ethics

The Ashley Madison data breach and subsequent exposure of users’ identities is the first major data dump that feels truly personal. Reporters covering the story for news outlets around the world documented the romantic, financial, and potential national security fallout from the hack.

Many journalists mined the stolen data released in the breach, using it to search for recognizable names or public figures or to find contact information for private citizens exposed as users of the infidelity site. Now, as stories based on the data will undoubtedly continue at least in the short term, the journalism community is debating how news organizations should treat the private information within the stolen Ashley Madison database. One of the questions raised is whether reporters should use the information to reach out to sources.

How digital voyeurism is destroying privacy

[Commentary] When people lament that privacy is dead or dying, they typically point fingers outwards, saying that government and corporate surveillance deserve all the blame. But as recent events highlight, our urge for online voyeurism plays an important role in the erosion of privacy.

As the Ashley Madison hack had the Internet gawking over details of the possible infidelity of its members, another lurid tragedy was going viral thanks to a woman live tweeting the breakup of a couple sitting next to her on an airplane. Both are examples of people succumbing to their baser instincts and failing to look away when when someone's personal life is spilled online. But until we can resist those urges, stop from clicking those articles, and trolling the databases hackers' victims, we are just encouraging other hackers with an ax to grind, digital eavesdroppers, and snoopers to uncover our private moments and publishing them for the world to see. And, unfortunately, it doesn't seem like we've hit that point of maturity in our collective Internet evolution.

The onus is on us. We need to accept responsibility for having made privacy-eviscerating stories popular. And we need to come to terms with our role in enticing hackers and voyeurs to do illegal and immoral things. So, let’s flip the script. We’re powerful enough to make stories about protecting privacy the ones media can’t wait to run.

[Evan Selinge is a professor of philosophy at Rochester Institute of Technology]