Communications-related Headlines for 9/13/2000

MEDIA & SOCIETY
Disney Bans R-Rated Movie Ads Before 9 P.M. on ABC Network (NYT)
FCC to Examine TV Sex, Violence (WP)
Selling Violence to Children (WP)
...WITH LINKS TO MUCH MORE

POLITICAL DISCOURSE
Bush Says Rats Reference In Ad Was Unintentional (NYT)
Subliminal Headache for Mr. Bush (NYT)

INTERNET
Teenagers Lag Well Behind Adults In Time Spent Online, Study Says (WSJ)
Report Faults Federal Web Sites on Privacy (NYT)
Report: Computers in schools do more harm than good (Merc)
Pennsylvania Launches Competition for 'Digital School
District' Funding (CyberTimes)
Napster's Legal Strategy Relies On 1984 Sony Betamax Ruling (WSJ)
Speech: Internet Telephony: America Is Waiting (FCC)

MERGERS
FCC Proposes Opening AOL's Messaging To Rivals as Part of
Time Warner Deal (WSJ)
FCC Chairman Criticizes AT&T Attempt To Raise Limit on
Cable-TV Ownership (WSJ)

LEGISLATION
Markup Sessions (House)

NTIA
Strategic Plan for 2000-2005 (NTIA)

MEDIA & SOCIETY

DISNEY BANS R-RATED MOVIE ADS BEFORE 9 P.M. ON ABC NETWORK
Issue: Media & Society
The Walt Disney Company announced that it will no longer accept ads for
R-rated movies during the first hour of prime time on its ABC television
network. Disney released comprehensive guidelines for the company in regard
to its marketing practices, many of which were restatements of existing
policies, said John Dreyer, the company's corporate spokesman. The ban on
commercials for R-rated movies on the Disney-owned ABC network is an
extension of an existing policy, Mr. Dreyer said, "but previously there had
been exceptions." He added, "From now on there will be no exceptions."
According to figures from Competitive Media Reports, which tracks television
advertising, movie studios spent $668 million on the four big broadcast
networks last year. For the first half of 2000, the figure has grown to $418
million. For ABC, the figures were $148 million from movie advertising in
1999 and $115 million for the first half of 2000.
[SOURCE: New York Times (A15), AUTHOR: ]
(http://www.nytimes.com/2000/09/13/national/13DISN.html)
(requires registration)

FCC TO EXAMINE TV SEX, VIOLENCE
Issue: Media & Society
Following a Federal Trade Commission report released Monday charging
the entertainment industry with aggressively marketing violent images to
children, the Federal Communications Commission has announced that it
will examine the effects of "sexually explicit and violent" television
programming on children. The agency also said it will look into
broadcasters' advertising practices, including "the promotion of
programming that may not be appropriate for children" at times when
children are most likely to be watching television. Today, both the
Democratic vice presidential nominee, Sen Joseph Lieberman (D-CT), and Lynne
Cheney, wife of Republican vice presidential nominee, will testify at a
Senate Commerce Committee hearing on the FTC's report. During it's 15-month
investigation, the agency found "pervasive and
aggressive marketing of violent movies, music and electronic games to
children."
[SOURCE: Washington Post (E3), AUTHOR: Christopher Stern]
(http://washingtonpost.com/wp-dyn/articles/A58692-2000Sep12.html)
See Also:
MARKETING VIOLENCE TO CHILDREN
The Full Committee hearing on Marketing Violence to Children will be in Room
216 of the Hart Senate Office Building. The hearing is scheduled for
Wednesday, September 13, at 9:30 a.m. Senator John McCain (R-AZ) will preside.
[SOURCE: US Senate]
(http://www.senate.gov/~commerce/press/106-208.htm)

SELLING VIOLENCE TO CHILDREN
Issue: Media & Society
[Editorial] The year-long study released Monday by the Federal Trade Commission
documents how the movie, recording and video-games industries have
deliberately undermined their own voluntary ratings systems by
continuing to market adult content to children. Of 44 movies studied,
marketing plans for 28 specifically cited children younger than 17 as
part of the target audience. In light of these findings, the
entertainment industry seems hypocritical in its long time assertion
that it is the parent's job to determine what movies or music or video
games are suitable for their children. It seems that until the industry
stops pitching material to children that they themselves have identified
as not appropriate, parents will not have the chance to do assert their
control.
[SOURCE: Washington Post (A34), AUTHOR: Washington Post Editorial Staff]
(http://washingtonpost.com/wp-dyn/articles/A60139-2000Sep12.html)
See Also:
I WILL WORK WITH INDUSTRY
[SOURCE: USAToday (23A), AUTHOR: Gov George W. Bush (TX)]
(http://www.usatoday.com/usatonline/20000913/2637039s.htm)
I AIM TO SUPPORT PARENTS
[SOURCE: USAToday (23A), AUTHOR: Vice President Al Gore]
(http://www.usatoday.com/usatonline/20000913/2637043s.htm)

POLITICAL DISCOURSE

BUSH SAYS RATS REFERENCE IN AD WAS UNINTENTIONAL
Issue: Political Discourse
Answering questions about RATS in Republican TV ads attacking Vice President
Gore, Gov George Bush said: "Conspiracy theories abound in American
politics," Mr. Bush said early this morning at an airport news conference in
Orlando, Fla., trying to make light of the situation. But, he added, "I am
convinced that this is not intentional." "One frame out of 900 is hardly a
conspiracy, it seems like to me," Gov Bush said. Bush's aides then tried to
turn the tables, pointing to a Democratic ad released a week ago that they
considered misleading. That advertisement, which criticized Mr. Bush over
health care in Texas, used a headline from The New York Daily News in such a
way that made it look as if it were on the front page when in fact the
article ran inside the paper. "I would say that this is a case of somebody
doing something that was a) deliberate and b) clearly designed to mislead,"
said Mr. Bush's chief media adviser, Mark McKinnon. "Because of that the
D.N.C. ad should be subject to much greater scrutiny."
[SOURCE: New York Times (A17), AUTHOR: Frank Bruni]
(http://www.nytimes.com/2000/09/13/politics/13BUSH.html)
(requires registration)
See Also:
SUBLIMINAL HEADACHE FOR MR BUSH
[Editorial] Subliminal messages are regarded as unethical by the ad industry
and unfairly deceptive by the Federal Communications Commission, so Gov
Bush, the Times suggest, should do more than to just pull the "RATS" ad in
question, especially since Alex Castellanos, who produced the commercial for
the Republican National Committee, has not kept his story straight. Mr.
Castellanos originally told Richard Berke of The Times that the use of the
word was "purely accidental." Yesterday he said he was using a "visual
drumbeat designed to make you look at the word bureaucrats." That sounds to
us like a declaration of intent to use subliminal techniques by Mr.
Castellanos, who is known as a creator of attack ads. If Mr. Bush really
means that such techniques are not acceptable to his campaign, perhaps he
should sever his connection with Mr. Castellanos.
[SOURCE: New York Times (A30), AUTHOR: NYT Editorial Staff]
(http://www.nytimes.com/2000/09/13/opinion/13WED3.html)
(requires registration)
GRILLED OVER RATS
Maureen Dowd's humerous look at RATS in the ads; complete with subliminal
messages of its own.
[SOURCE: New York Times (A31), AUTHOR: Maureen Dowd]
(http://www.nytimes.com/)
(requires registration)

INTERNET

TEENAGERS LAG WELL BEHIND ADULTS IN TIME SPENT ONLINE, STUDY SAYS
Issue: Internet
New research from Jupiter Communications and Media Metrix finds that
teenagers spend far less time online than adults. Teens from 12 to 17 years
old spent an average of 303 minutes online during the month of June 2000,
the most recent month for which Media Metrix data were available when the
research was conducted. They logged on eight of the 30 days in the month.
Young adults 18 to 34 spent an average of 656 minutes online and logged on
13 days. Adults 35 to 49 spent an average of 804 minutes and logged on 15
days. The Media Metrix data include time spent online at home and at work,
but not in school. Jupiter analysts attributed teenagers' comparatively
lower Internet use to a number of factors, including schedules crowded with
school and after-school activities and the need to share computer time at
home with other family members. In addition, the research indicated that
teens see the Web mainly as a medium for entertainment and communication,
not as the productivity tool that adults see. Teens are early online
adopters and tend to experiment with new and innovative online products. The
top three online activities were the same for boys and girls: receiving and
sending e-mail, using a search engine and using an instant-messaging
service.
[SOURCE: Wall Street Journal (Interactive), AUTHOR: Melinda Patterson
Grenier]
(http://interactive.wsj.com/articles/SB96879717236076668.htm)
(Requires subscription)

REPORT FAULTS FEDERAL WEB SITES ON PRIVACY
Issue: Privacy
As reported by the Wall Street Journal yesterday, a new General Accounting
Office study (http://www.gao.gov/whatsnew.htm) reports that most federal Web
sites do not meet Federal Trade Commission privacy standards.
[SOURCE: New York Times (A19)]
(http://www.nytimes.com/2000/09/13/technology/13PRIV.html)
(requires registration)
See Also:
On September 12, the General Accounting Office (GAO) published its study of
privacy policies posted on government websites. The study found that
ninety-seven percent of government agency websites failed to address
principles of Fair Information Practices in privacy statements. The Privacy
Act guarantees all citizens with certain rights with respect to their
personal information collected and stored by government agencies, even if
not mentioned in a privacy policy.
[SOURCE: Electronic Privacy Information Center]
(http://www.epic.org/)

REPORT: COMPUTERS IN SCHOOLS DO MORE HARM THAN GOOD
Issue: EdTech
According to a new report by the Alliance for Childhood, there should be an
immediate moratorium on adding computers to classrooms so the presumed
benefits and hazards can be studied in depth. The report, "Fools Gold: A
Critical Look at Computers in Childhood," claims that computers pose hazards
to young children such as eyestrain and obesity and deprives them of
necessary creativity, human relationships and hands-on learning. The report
also contends that the billions spent on equipping and wiring classrooms is
fueled more by parent fears and corporate sales pitches than any real
evidence of computers helping children learn. "To speak against computers is
considered blasphemous, not only in Silicon Valley but around the country,"
said Lowell Monke, an alliance founding member and assistant professor of
education at Wittenberg University in Ohio. "It's time for a few heretics to
stand up and say we need to look at this more closely. We can't just sit on
this bandwagon charging down the road with our public funds and our
children." While the benefits of computers may not have scientific support,
University of California-Berkeley psychologist Alison Gopnik, author of "The
Scientist in the Crib," said neither do the claims of the alliance. Still,
she said, "Playing with building blocks is more profound intellectually than
anything a child could do in front of a computer." Sun Microsystems Vice
President Kim Jones denies that profit is the sole motivation for corporate
involvement in schools. She said her company made no money by organizing
Netday, a volunteer effort in 1996 to wire 12,000 California schools to the
Internet. But she says rather than eliminating technology, the industry
needs to make it simpler to use. "I agree 100 percent that technology has
not been very effective in the classroom," said Jones, who oversees global
education and research. "I would tend to agree with them that probably
studies should be done."
[SOURCE: San Jose Mercury News, AUTHOR: Katherine Corcoran]
(http://www.mercurycenter.com/svtech/news/top/docs/comp091300.htm)

PENNSYLVANIA LAUNCHES COMPETITION FOR 'DIGITAL SCHOOL DISTRICT' FUNDING
Issue: EdTech
Pennsylvania's department of education is holding a competition aimed at
getting schools to develop innovative plans which move beyond traditional
uses of technology in education. "There are a lot of virtual schools out
there, or distance learning," said John Bailey, director of the state
education department's Office of Educational Technology. "We're trying to do
more than that, where everything in the school is digitized. How can we
think completely differently?" School district officials must file a 10-page
summary of their vision by next month, after which state officials will
select 20 districts. Each of those districts will then be required to
prepare a more comprehensive plan by December, when six top districts will
be picked. Those finalists will be required to provide an even more
extensive plan detailing how their plans would work. The two winning
districts will split $4 million, using the additional funding to implement
their projects. An additional $1 million will be used to promote the two
model digital districts.
[SOURCE: CyberTimes, AUTHOR: Rebecca Weiner (rweiner ( at )nytimes.com)]
(http://www.nytimes.com/2000/09/13/technology/13EDUCATION.html)
(requires registration)

NAPSTER'S LEGAL STRATEGY RELIES ON 1984 SONY BETAMAX RULING
Issue: Intellectual Property
In its attempt to reverse a ruling by a district-court judge requiring it to
stop listing copyright-protected music on its Web site, Napster is pinning
its courtroom hopes on a 1984 Supreme Court decision. That decision not
only legitimized Sony's Betamax VCR, but also provided legal
groundwork for future clashes between copyright law and a new technology.
The high court's 5-4 decision 16 years ago in favor of the Sony Betamax is
one of the pillars of Napster's defense as it heads toward an Oct. 2 hearing
before the Ninth U.S. Circuit Court of Appeals in San Francisco. In the Sony
case, the high court ruled that a technology that might be used for piracy
and other copyright violations cannot be banned -- as long as it was also
capable of "substantial noninfringing uses" that were legal. The court was
saying, in effect, that society shouldn't be deprived of a potentially
useful new technology just because of a few bad apples. Napster is citing
the Sony case to say that even if the downloading of copyright songs is
illegal, the company should prevail. The Web music trading company argues
that other parts of its site are legal, such as its promotion of works by
unknown artists who have consented to have their songs listed on the site
for downloading.
[SOURCE: Wall Street Journal (B1), AUTHOR: Lee Gomes]
(http://interactive.wsj.com/articles/SB968799927780857734.htm)
(Requires subscription)

SPEECH: INTERNET TELEPHONY: AMERICA IS WAITING
Issue: Telephony
Chairman Kennard's Remarks before the Voice Over Net Conference. "Treating
incumbents and newcomers in a market the same would only result in creating
barriers to new entrants and killing innovation." He said it would not be
fair to treat start-up same as 100-year-old incumbent that owned 96% of
local market: "It just doesn't make sense to apply 100-year-old regulations
meant for copper wires and giant switching stations to the IP networks of
today." Goal is not to saddle new technology with regulation, even if it
would appear to create regulatory symmetry.
[SOURCE: FCC]
(http://www.fcc.gov/Speeches/Kennard/2000/spwek019.html)

MERGERS

FCC PROPOSES OPENING AOL'S MESSAGING TO RIVALS AS PART OF TIME WARNER DEAL
Issue: Merger
The Federal Communications Commission's staff has proposed that America
Online be forced to open its popular instant-messaging service to rivals as
a condition of approving its acquisition of Time Warner. Consequently, Time
Warner could be forced to open its high-speed cable lines to competitors
beyond the extent to which the companies already have consented. The
companies have said they intend to open their cable lines to competitors and
will eventually open their instant-messaging services, but have fought some
of the conditions now under consideration at the FCC and the Federal Trade
Commission, which is conducting its own review. The FCC staff proposals are
only a first step in the merger review, which will continue for another
month before it goes to the full commission for a vote. The FCC's main
concern has been to have the merging companies give rival Internet service
providers access to Time Warner's high-speed cable lines. The proposals by
the FCC staff show the initial thinking of regulators who could make or
break the deal.
[SOURCE: Wall Street Journal (A3), AUTHOR: Jill Carroll]
(http://interactive.wsj.com/articles/SB968800353474056920.htm)
(Requires subscription)

FCC CHAIRMAN CRITICIZES AT&T ATTEMPT TO RAISE LIMIT ON CABLE-TV OWNERSHIP
Issue: Mergers
Federal Communications Commission Chairman William Kennard has
denounced AT&T's effort to change a law it had agreed to abide by when its
merger with cable company MediaOne Group was approved by the agency in
June. AT&T is lobbying to attach language to an appropriations bill that
would raise the cap on cable-TV industry ownership, which now stands at
facilities reaching 30% of cable viewers. AT&T has been fighting the rule in
court. "With the ink hardly dry on the merger order, AT&T is trying to undo
its obligations," Mr. Kennard said in an interview late Tuesday. AT&T
confirmed that it is trying to change the rule but staunchly denied it is
trying to do so to get out of conditions placed on its MediaOne merger. Mr.
Kennard said such attempts to rewrite laws "in the dead of night" exclude
the public from matters that directly affect them. "We wake up the next
morning and find the law has been changed," he said.
[SOURCE: Wall Street Journal (A12), AUTHOR: Jill Carroll]
(http://interactive.wsj.com/articles/SB96880982444665989.htm)
(Requires subscription)

LEGISLATION

MARKUP SESSIONS
Issue: Legislation
The Subcommittee on Telecommunications, Trade, and Consumer Protection has
scheduled a markup for Wednesday, September 13, 2000, and subsequent days if
necessary, at 3:00 p.m. or 20 minutes after the conclusion of the Health and
Environment Subcommittee hearing in 2123 Rayburn House Office Building. The
Subcommittee will be considering:
(1) H.R. 3011, the Truth in Telephone Billing Act of 1999; and
(2) H.R. 4445, the Reciprocal Compensation Adjustment Act of 2000
The Full Committee will meet in OPEN MARKUP SESSION at 10:00 a.m. on
Thursday, September 14, 2000, and subsequent days if necessary, in 2123
Rayburn House Office Building, to consider the following measures:
1. H.R. 3100, the Know Your Caller Act;
2. H.R. 3850, the Independent Telecommunications Consumer Enhancement
Act of 2000;
3. H.R. 2346, to authorize the enforcement by State and local
governments of certain Federal Communications Commission regulations
regarding use of citizens band radio equipment.
Additional legislation may be noticed for this markup in conformity with
House Rules.
[SOURCE: House of Representatives]
(http://www.house.gov/commerce/)

NTIA

STRATEGIC PLAN FOR 2000-2005
Issue: NTIA
The Draft Department of Commerce Strategic Plan for 2000-2005 is available
for review and comment at http://www.doc.gov/bmi/budget/strtgc/2001sp.pdf .
By September 15, please provide your comments to Bill Tatter
(BTatter( at )doc.gov). There will also be a Department of Commerce Stakeholders
meeting on September 19 from 3 to 4:30 PM in B841A of the Herbert Hoover
Building, 14th and Constitution Aves., N.W., Washington, DC 20230 in Room
B841A.
[SOURCE: NTIA]
(http://www.ntia.doc.gov/new.html)

--------------------------------------------------------------