For upcoming media policy events, see http://www.benton.org/calendar.htm
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=93I created the Localism Task Force to evaluate how broadcasters are=
serving=20
their local communities. Broadcasters must serve the public interest, and=20
the Commission has consistently interpreted this to require broadcast=20
licensees to air programming that is responsive to the interests and needs=
=20
of their communities.=94
- Chairman Michael K. Powell
August 20, 2003
Are broadcasters serving your community's needs? Let the Localism Task=20
Force know via email at localism( at )fcc.gov or call 202-418-7777
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INTELLECTUAL PROPERTY
Court Deals Blow to Anti-Piracy Efforts
INTERNET
The Importance and Power of Search Engines
The Internet and Daily Life
REGULATION
FCC Weighing Fines for All CBS Affiliates Over Super Bowl Incident
FCC Hands Out New TV Licenses
VoIP Firm Tussles With States Over Phone Numbers
NEW PUBLICATIONS
How to Protect Against Spam, Spyware and Phishing
The Economic Case for Dedicated Unlicensed Spectrum below 3GHz
INTELLECTUAL PROPERTY
COURT DEALS BLOW TO ANTI-PIRATE EFFORTS
The U.S. 9th Circuit Court of Appeals ruled that Grokster and other online=
=20
file-sharing software companies are not liable for copyright infringement.=
=20
The court said the relief from piracy sought by the movie and music studios=
=20
would amount to an overhaul of existing copyright standards, which the=20
court called "unwise" and better left to the U.S. Congress. The three-judge=
=20
panel said history has proven that with new technology, markets have a way=
=20
of correcting themselves. "Thus, it is prudent for courts to exercise=20
caution before restructuring liability theories for the purpose of=20
addressing specific market abuses," the judges wrote in their opinion. The=
=20
court ruled that file-sharing networks, like videocassette recorders,=20
should not be outlawed because they have substantial legal uses, building=20
on precedent established in the 1980s when the movie studios fought against=
=20
VCRs.
[SOURCE: Reuters, AUTHOR: Ben Berkowitz]
http://www.reuters.com/newsArticle.jhtml?type=3DinternetNews&storyID=3D6...
11
Reactions:
* Mike Godwin, Public Knowledge Legal Director: =93We think the Ninth=20
Circuit's reading of current copyright law in this case is essentially=20
correct. We also applaud the court's insistence on taking a broad=20
historical perspective about disruptive technologies, as well as its=20
cautioning against too-quick regulation of those technologies. Other=20
courts, as well as Congress, should value the historical view the Ninth=20
Circuit takes -- that not every panic surrounding a new technology requires=
=20
a new judicial or legislative response, and that market forces will often=20
sort out any imbalances. They should recognize as well the value of the=20
Ninth Circuit's unwillingness to overstretch existing law.=94
* Electronic Frontier Foundation
EFF Scores Landmark Win for P2P
http://www.eff.org/
INTERNET
THE IMPORTANCE AND POWER OF SEARCH ENGINES
As the initial public offering of Google makes headlines, new surveys and=20
traffic data from Pew confirm that search engines have become an essential=
=20
and popular way for people to find information online. 1) 84% of online=20
Americans have used search engines =AD that translates into more than 107=20
million people. On any given day online, more than half those using the=20
Internet use search engines. And more than two-thirds of Internet users say=
=20
they use search engines at least a couple of times per week. 2) The use of=
=20
search engines usually ranks only second to email use as the most popular=20
activity online. During periods when major news stories are breaking, the=20
act of getting
news online usually surpasses the use of search engines. 3) There is a=20
substantial payoff as search engines improve and people become more adept=20
at using them. Some 87% of search engine users say they find the=20
information they want most of the time when they use search engines. 4) The=
=20
convenience and effectiveness of the search experience solidifies its=20
appeal. Some 44% say that most times they search they are looking for vital=
=20
information they absolutely need.
There's much more at the URL below.
[SOURCE: Pew Internet & American Life Project]
http://www.pewinternet.org/pdfs/PIP_Data_Memo_Searchengines.pdf
THE INTERNET AND DAILY LIFE
The vast majority of American Internet users say the Internet plays a role=
=20
in their daily routines and that the rhythm of their everyday lives would=20
be affected if they could no longer go online. Yet, despite its great=20
popularity and allure, the Internet still plays second fiddle to=20
old-fashioned habits. Some of the key findings in a new survey by the Pew=20
Internet & American Life Project: 1) 88% of online Americans say the=20
Internet plays a role in their daily routines. Of those, one-third say it=20
plays a major role, and two-thirds say it plays a minor role. The=20
activities they identified as most significant are communicating with=20
family and friends and finding a wealth of information at their fingertips,=
=20
2) 64% of Internet users say their daily routines and activities would be=20
affected if they could no longer use the Internet, 3) 53% of Internet users=
=20
say they do more of certain everyday activities simply because they can do=
=20
them on the Internet. The most popular are communicating with family and=20
friends and looking up information.
Still, while nearly all Internet users go online to conduct some of their=20
ordinary day-to-day activities online, most still default to the=20
traditional offline ways of communicating, transacting affairs, getting=20
information and entertaining themselves. For instance, they are more likely=
=20
to do these things offline than online: get news, play games, pay bills,=20
send cards, look up phone numbers and addresses, buy tickets, check sports=
=20
scores, listen to music, schedule appointments, and communicate with=
friends.
[SOURCE: Pew Internet & American Life Project]
http://www.pewinternet.org/PPF/r/131/report_display.asp
REGULATION
FCC WEIGHING FINES FOR ALL CBS AFFILIATES OVER SUPER BOWL INCIDENT
FCC Commissioners still seem to be weighing whether to fine all CBS=20
affiliates or just those stations owed by the network for the Super Bowl=20
half time incident starring Janet Jackson. Under his own preferred=20
resolution, Chairman Michael Powell has proposed to fine each of CBS's 20=20
owned-and-operated TV stations the $27,500 maximum previously allowed under=
=20
law for indecencies, for a total of $550,000. Fellow Commissioner Kathleen=
=20
Abernathy has cast a vote in support of this proposal. But the Chairman is=
=20
waiting for a third vote from Commissioners Kevin Martin, Michael Copps or=
=20
Jonathan Adelstein. One key agency source predicted that the issue would be=
=20
resolved within the next couple of weeks, with Chairman Powell's proposed=20
solution winning final adoption. "It may end up as a 5-0 vote," said the=20
source. Viacom has promised to sue if any fine is levied.
[SOURCE: TVWeek, AUTHOR: Doug Halonen]
http://www.tvweek.com/news.cms?newsId=3D6144
FCC HANDS OUT NEW TV LICENSES
South.com, 40% of which is owned by EchoStar, received licenses to offer a=
=20
new type of TV service in 37 markets. The licenses could be used to deliver=
=20
local channels to EchoStar customers in the markets the licenses cover. The=
=20
biggest cities covered by the new licenses include Boston, Dallas,=20
Washington, Atlanta, Detroit, Houston, and Seattle. Another license winner,=
=20
MDS America, will use licenses it won to roll out a new wireless broadband=
=20
service in Jacksonville, Fla. and two other markets in the next three=20
months. Another winner is Cablevision subsidiary DTV Norwich, which plans=20
to supplement its new DBS service, VOOM, with microwave-delivered channels.
[SOURCE: Broadcasting&Cable, AUTHOR: Bill McConnell]
http://www.broadcastingcable.com/article/CA446326?display=3DBreaking+News
(requires subscription)
VOIP FIRM TUSSLES WITH STATES OVER PHONE NUMBERS
Another issue is forcing regulators to look at how best to treat Internet=20
telephone service (VoIP). SBC IP Communications, a subsidiary of SBC, wants=
=20
to sidestep the usual procedures and get telephone numbers directly from=20
the North American Numbering Plan Administration, without first obtaining a=
=20
state telephone operator's license. The company's aim is to get an=20
unfettered supple of phone numbers around the country and to save money on=
=20
fees and staffing an office to monitor changes in state and federal=20
regulations. Opponents say VoIP providers could gobble up the remaining=20
10-digital phone numbers (we will run out of those by 2025, say estimates).=
=20
Without 10-digit numbers, VoIP customers would have no way of receiving=20
calls from the 94 percent of the U.S. homes and offices still relying on=20
more traditional forms of telephony.
[SOURCE: C-Net|News.com, AUTHOR: Ben Charny]
http://news.com.com/VoIP+firm+tussles+with+states+over+phone+numbers/210...
52_3-5316368.html?tag=3Dnefd.hed
NEW PUBLICATIONS
HOW TO PROTECT AGAINST SPAM, SPYWARE AND PHISHING
While viruses and spam continue to proliferate, they have been joined by=20
two emerging threats: spyware and phishing, according to the September=20
issue of Consumer Reports. The issue takes an in-depth look at the state of=
=20
online security, including results of two nationally-representative surveys=
=20
of at-home Internet users=92 and email users=92 experiences, ratings of=20
anti-virus and antispyware programs, anti-spam software, and tips to help=20
consumers avoid online annoyances.
[SOURCE: Consumers Union]
http://www.consumersunion.org/pub/core_product_safety/001305.html
THE ECONOMIC CASE FOR DEDICATED UNLICENSED SPECTRUM BELOW 3GHz
New America has released a Issue Brief and Working Paper examining the=20
potential of unlicensed spectrum in lower/more useful bands. Links to both=
=20
publications appear below.
[SOURCE: New America Foundation]
http://www.newamerica.net/index.cfm?pg=3Darticle&DocID=3D1899
http://www.newamerica.net/Download_Docs/pdfs/Doc_File_1548_1.pdf
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Communications-related Headlines is a free online news summary service=20
provided by the Benton Foundation (www.benton.org). Posted Monday through=20
Friday, this service provides updates on important industry developments,=20
policy issues, and other related news events. While the summaries are=20
factually accurate, their often informal tone does not always represent the=
=20
tone of the original articles. Headlines are compiled by Kevin Taglang=20
(headlines( at )benton.org) -- we welcome your comments.
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