BROADCASTING
Broadcasters Try To Change Campaign Spending Bill (USA)
Part Of Radio Preservation Act Ruled Unconstitutional (MAP)
INTERNET
French Decision Prompts Questions About Free Speech And Cyberspace
(NYT)
ICANN Polls Public, Industry On Governance (WP)
Speech By Commerce Assistant Secretary (NTIA)
BROADCASTING
BROADCASTERS TRY TO CHANGE CAMPAIGN SPENDING BILL
Issue: Television
The National Association of Broadcasters are lobbying aggressively to cut a
campaign spending bill requirement forcing broadcasters to give politicians
their lowest advertising rates. The provision, known as the "lowest unit
rate," passed in the Senate last year. The same language will be voted on in
the House this week. While supporters believe the requirement would reduce
the costs of running for public office, the NAB believes it is a restriction
on free speech and a "slippery slope toward mandatory free time."
[SOURCE: USA Today, AUTHOR: Associated Press]
(http://www.usatoday.com/news/washdc/2002/02/11/broadcasters-campaign-spendi
ng.htm)
PART OF RADIO PRESERVATION ACT RULED UNCONSTITUTIONAL
Issue: Radio
U.S. Court of Appeals for the D.C. Circuit overturned as unconstitutional
the part of the Radio Preservation Act that prohibited all former unlicensed
broadcasters from applying for low power radio stations. In 2000, Congress
passed the Act, which limited the number of low power radio stations
available. Last week, the court overturned part of the law that prohibited
anyone who had ever broadcast without a license from applying for a low
power radio station.
[SOURCE: Media Access Project]
(http://www.mediaaccess.org/)
INTERNET
FRENCH DECISION PROMPTS QUESTIONS ABOUT FREE SPEECH AND CYBERSPACE
Issue: Free Speech
In the wake of Sept. 11, nations that have strong laws and traditions
against hate speech are increasingly concerned about online expression that
could lead to racial or religious violence. American civil libertarians
think such fears could lead to censorship of online hate speech that may be
illegal within one country's borders but perfectly lawful elsewhere. They
point to a recent case in which a French judge reaffirmed an earlier ruling
that Yahoo had violated French law by allowing French citizens to view
auction sites displaying Nazi memorabilia. In the United States, however, a
federal judge ruled that French sanctions against Yahoo - including $13,000
a day in fines - cannot be enforced here. The Yahoo case has prompted legal
thinkers to consider the potential global implications of hate and terrorist
speech on the Internet. Alan Davidson, a lawyer with the Center for
Democracy and Technology, an Internet civil liberties group in Washington
said the French Yahoo ruling "really puts free expression and communication
in jeopardy on the Net." He warned that online speech could sink to a single
country's lowest-common- denominator standard. Other legal experts, however,
argue that it is possible for countries to choose for themselves what is
lawful within their own cyberborders. And that it is not necessary for all
nations to adopt American free- speech traditions.
[SOURCE: New York Times, AUTHOR: Carl S. Kaplan]
(http://www.nytimes.com/2002/02/11/technology/11NECO.html)
(requires registration)
ICANN POLLS PUBLIC, INDUSTRY ON GOVERNANCE
Issue: Internet
The Internet Corporation for Assigned Names and Numbers (ICANN) has begun
polling members of the Internet public in regards to creating an "at-large"
membership. The membership body would serve as the voice of all Web users
within ICANN. Two polls have been posted on the ICANN Web site to gather
input from interested parties who would like to participate in the creation
of the membership body. While civil liberties advocates have voiced concern
about the proposal, ICANN is expected to approve the creation of an at-large
membership body next month.
[SOURCE: Newsbytes.com, AUTHOR, David McGuire]
(http://www.washtech.com/news/regulation/15099-1.html)
SPEECH BY COMMERCE ASSISTANT SECRETARY
Issue: Broadband
[Speech] Commerce Assistant Secretary, Nancy Victory, delivered the Keynote
address at the Alliance for Public Technology Broadband Symposium (February
8, 2002). In marking the sixth anniversary of the enactment of the
Telecommunications Act of 1996, Victory highlighted the changes brought
about by the Act. She continued by reiterating the importance of broadband
to the improved quality of life for all Americans. Victory stated that, "In
the case of broadband, regulators are searching for the right regulatory mix
or Big Bang to provide the foundation for the broadband universe."
Guideposts that regulators are using in this search include a market-driven
roll-out, facilities-based competition, technology-neutral paradigm
(regulatory parity across platforms), awareness of market failures, and
effective enforcement of regulations.
[SOURCE: NTIA]
(http:www.ntic.doc.gov/ntiahome/speeches/2002/apt_020802.htm)
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