NYT: Russian Court Ruling Seeks to Ban Pussy Riot’s Videos

Hey Folks: I know you are likely busy studying for Monday's test, but an interesting story popped up that I wanted to share. From the New York Times: 

A Moscow court on Thursday ruled that videos of performances by the punk group Pussy Riot were extremist, falling under a law intended to rein in hate speech. The court called for limiting public access to Web sites and blogs displaying the videos. But the ruling is unlikely to cut off access to them, since it applies only to servers in Russia. One video from February shows band members in the Cathedral of Christ the Savior beseeching the Virgin Mary to rid Russia of Vladimir V. Putin, who was returned to the presidency in March. Last summer, three of the performers were sentenced to two years in a penal colony. An appeals court released one of them on bail in October. Thursday’s ruling cited “psycho-linguistic research” proving that the videos “humiliate various social groups based on their religious beliefs” and contain “hidden calls to rebellion and nonsubmission to authority.”

It is fun to watch how governments try and control information flows on the globally-connected World Wide Web. That said, I think Russia could have more success than this short article suggests.

Happy studying!

My lecture on The Rise and Fall of Al Jazeera

Hey folks! Somewhat related to class, and perhaps of interest. Here is a lecture I gave on the rise and fall of the Al Jazeera Network this summer in Tel Aviv, at Bar Ilan University.

I hear class went well this week (with Michael Jablonski filling in for me while I'm away). I'm looking forward to returning next week to discuss regulations of the press. I hope you are hard at work on your term papers! Remember, I'm happy to review drafts, but only before Nov 22. 

Copyright Update: AT&T Starts Six-Strikes Anti-Piracy Plan, Will Block Websites

From Torrent Freak:

"A set of leaked internal AT&T training documents obtained by TorrentFreak reveal that the Internet provider will start sending out anti-piracy warning notices to its subscribers on November 28. Customers whose accounts are repeatedly flagged for alleged copyright infringements will have their access to frequently visited websites blocked, until they complete an online copyright course. It’s expected that most other participating ISPs will start their versions of the anti-piracy plan on the same date."

We'll talk about this in class on Monday night. Is this is significant change? How do you think the FCC will react? 

Conduct & Speech prezi & audio recording of lecture

Symbolic Expression on Prezi

Click here to download a PDF version of the presentation. Click here to download a recording of the lecture. 

Some more resources for your term paper on media ownership reform

I wanted to introduce some additional resources that may be helpful in getting a head start on your term paper (35% of your final grade). The best way to approach the term paper is to start some reading on the topic of media ownership, and think about the question, why does media ownership matter to me? Once you've got an idea as to how the topic connects to your interests, than it is time to start more targeted research, and to start writing. Don't be afraid to use your text book - it is a great resource. Also, ping me if I can be helpful. Or come to my office for a chat. Let's talk about media ownership reform! 

• Here is the FCC's website outlining the policy outcomes and different research it used in making its last round of media ownership reforms in 2010. Also, here is an FCC study on the relationship between FCC rules and innovation. 
• The Columbia Journalism Review has a terrific archive of who owns what, which is very helpful in determining the state of monopolization across different industries. 
• Free Press provides an introduction to the topic, breaking down ownership issues sector by sector. 
• Here is a report on the potential for effective media self-regulation from the OSCE.
• Here is the CATO Institute's "In Defense of Media Consolidation."

Freedom House: Freedom on the Net 2012 Report

Any guess as to which country has the most free internet?

Download and read the report here. 

Term Paper

Folks: I'll be going over this assignment after your exam on Monday, but here is a detailed outline of the guidelines, requirements and grading rubric for your term paper. This assignment is worth 35% of your overall grade, and it is due on December 6th. The earlier you start your research and writing, the better you will do. Also, I'm here to help, so if you have questions, schedule to meet with me during my office hours (10a-1p Th).

UPDATE: Link is broken. Still fussing with DropBox. I've copied and pasted the assignment below and will bring printed copies to class. Link to the assignment will be fixed soon.

JOUR 3060: Communication Law & Policy

Dr. Powers

Fall 2012

Writing Assignment: Media Ownership Review [1]

Background: Section 202(h) of the Telecommunications Act of 1996 requires the Federal Communications Commission to review its ownership rules every four years and determine whether they are in the public interest.  Under Section 202(h), the Commission shall repeal or modify any regulation it determines is no longer in the public interest.[2]

Summary of assignment: Each student is asked to write a public comment arguing for the reform of the FCC’s 2010 Media Ownership Rules.[3]  Each brief must include the following sections: (1) What legal authority does the FCC have to regulate media ownership?; (2) The problem(s) with the current media ownership rules; (3) The proposed change in media ownership rules; (4) The likely consequences of the proposed change in media ownership rules and (5) a rebuttal to possible criticisms of a change in media ownership rules.

·      Section I: What legal authority does the FCC have to regulate media ownership?  In this section, you should (a) outline the statutory origins of FCC media ownership regulations; (b) provide historical context explaining why Congress provided the FCC the authority to regulate media ownership; (c) the constitutional basis for Congressional regulation (which was delegated to the FCC) of media ownership and (No more than 1000 words; 20 points)

·      Section II: The problem(s) with the current media ownership rules.  This section should include: (a) why media ownership matters, (b) the evolution of its regulation; (c) how new and emerging technologies require additional reform of media ownership policies; and (d) the specific problem or problems with the current regulatory regime requiring reform.  (No more than 1000 words; 20 points).

·      Section III: The proposed change in media ownership rules. This section should include (a) a specific policy proposal (and language) that would alter the FCC’s current media ownership regulations; (b) key differences between existing regulations and your proposed changes should be highlighted, and (c) specific citations of either Congressional legislation or legal precedent that demonstrates the FCC’s legal authority to enact the proposed changes. (No more than 500 words; 10 points)

·      Section IV: The likely consequences of the proposed change in media ownership rules.  (a) How does the proposed change remedy the problems you outlined regarding the current regulatory regime?  (b) What is the primary benefit of the reform?  (c) What industries are affected, and who are the key players in those industries?  (d) What other consequences would the change have?  (e) How would the proposed change impact consumer access to diverse programming?  (f) Make a comprehensive and persuasive argument for the reform you’ve proposed.  (e): Extra credit (up to five points, depending on quality of argument and evidence): connect the reform to media policy outside the United States, using its similarity to another country’s media laws as evidence of its likely effect.  (No more than 1000 words, or 1200 words if you attempt the extra credit; 20 points)

·      Section V: A rebuttal to possible criticisms of a change in media ownership rules.  (a) Who loses out in the proposed change in policy?  (b) What are their best arguments against the reform?  (c) Why are those arguments wrong? (No more than 500 words; 10 points)

Where do I start?

1.     Get to know the rules. The Commission's current ownership rules can be found in the Code of Federal Regulations.

a.     The FCC has a webpage dedicated to all things related to media ownership

b.    It has extensive research and resources for you to draw from.

2.     Do background research on (1) why media ownership matters, (2) the history of its regulation, and (3) how new and emerging technologies are impacting media ownership policies.

3.     Approach the assignment step by step. Start with section 1, proceed to section 2, and on and on. Set deadlines for yourself: Section one done by Spring Break, etc.

4.     To help you get started, I’ve gathered some resources that you may consider using.  See attached bibliography.

5.     Use me as a resource as much as you need. This is challenging assignment, and by the end of it I want you to be proud of the brief you have produced.

6.     Keep in mind that you can propose any media ownership reform you like as long as it can constitutionally defended.  You could argue for further restrictions on media ownership or less; different types of restrictions, etc.  All legally grounded perspectives are welcome!

Grading:

1.     Section 1: 20 points; Section 2: 20 points; Section 3: 10 points; Section 4: 20 points; Section 5: 10 points.

a.     As you write each section, make sure that you are addressing on each of the sub-points clearly and sufficiently. Feel free to note which question, using the letter associated with the sub point, you are addressing.

b.     Example: “The proposed changes would certainly disadvantage media conglomerates like News Corporation and Turner Broadcasting, among others, who benefit from the current hand-off approach to regulating cable television (5a).”

2.     Treat this like a document you would submit to the FCC for review in the lead up to its 2014 review of media ownership regulations. It is a legal document. Writing should be formal and clear. Grammar, punctuation, precision and accuracy all matter (10 points)

3.     The word limits are strictly enforced.  Do not go over the noted word limit for each section. Brevity is an asset in legal arguments. (Excess words will result points lost in the particular section in question; see above for point distribution between sections).

4.     Arguments need to be grounded in legal precedent and well-researched scholarship, not one’s one perspective. (10 points)

5.     Style: Papers should be written using Turabian Footnote Style.

6.     All work must be your own. If you copy text or ideas without proper citation, I will know, and you will receive an F for this assignment.

7.     Due by 11:59p on December 6^th. You have ten weeks to complete this assignment. Start early. Late papers will be deducted 10% a day. Email final papers to smp@gsu.edu.

8.     Professor will return the paper to students with specific comments by request.

9.     Professor will review drafts up until November 22. If you would like me to review your work before you turn in a final paper, then start early.

Bibliography

D. Linda Garcia and Ellen Surles, “Media Ownership and Communications: Enriching the Research Agenda,” Telecommunications Policy 31, no. 8–9 (October 2007): 473-492.

Robert W. McChesney, Rich Media, Poor Democracy: Communication Politics in Dubious Times (New Press, The, 2000).

Lee C. Jr Bollinger, “Freedom of the Press and Public Access: Toward a Theory of Partial Regulation of the Mass Media,” Michigan Law Review 75 (1977 1976): 1.

Lee C. Bollinger, The Tolerant Society (Oxford University Press, 1989)

George Glider, The Freedom Model of Telecommunications (The Progress and Freedom Foundation, 1995).

Robert W. McChesney, The Problem of the Media: U.S. Communication Politics in the Twenty-First Century, 1st Printing. (Monthly Review Press, 2004).

Michael Wolff, The Man Who Owns the News: Inside the Secret World of Rupert Murdoch (Broadway, 2008).

C. Edwin Baker, Media Concentration and Democracy: Why Ownership Matters, 1st ed. (Cambridge University Press, 2006).

Ben H. Bagdikian, The New Media Monopoly: A Completely Revised and Updated Edition With Seven New Chapters (Beacon Press, 2004).

Henry Jenkins, “The Cultural Logic of Media Convergence,” International Journal of Cultural Studies 7, no. 1 (March 1, 2004): 33 -43.

Lee C. Bollinger, Uninhibited, Robust, and Wide-open: a Free Press for a New Century (Oxford University Press, 2010).

Eli M. Noam, Media Ownership and Concentration in America (Oxford University Press, 2009).

Ben Scott, “Politics and Policy of Media Ownership, The,” American University Law Review 53 (2004 2003): 645.

Scott Cleland and Ira Brodsky, Search & Destroy: Why You Can’t Trust Google Inc., 1st ed. (Telescope Books, 2011).

Bruce M Owen, “Regulatory Reform: The Telecommunications Act of 1996 and the FCC Media Ownership Rules,” Law Review of Michigan State University Detroit College of Law 2003 (2003): 671.

L. P Hitchens, “Media Ownership and Control: A European Approach,” The Modern Law Review 57, no. 4 (July 1, 1994): 585-601.

---

[1] 35% of your final grade

[2] To learn more about the FCC’s rulemaking process, and see other legal documents similar to the one you are asked to write, see: http://www.fcc.gov/encyclopedia/rulemaking

[3] While the FCC does ask for and will review all public comments regarding media ownership, and students are welcome to submit their paper as a public comment, this is not a requirement of the assignment. 

Just how important are "information industries" to the global economy?

The McKinsey Global Institute recently published its report, "Internet Matters: The Net's Sweeping Impact on Growth, Jobs, and Prosperity." Highlights from the report include: 

"If measured as a sector, Internet-related consumption and expenditure is now bigger than agriculture or energy. On average, the Internet contributes 3.4 percent to GDP in the 13 countries covered by the research—an amount the size of Spain or Canada in terms of GDP, and growing at a faster rate than that of Brazil." 

"The Internet accounted for 21 percent of GDP growth over the last five years among the developed countries MGI studied, a sharp acceleration from the 10 percent contribution over 15 years." 

"The United States is the largest player in the global Internet supply ecosystem, capturing more than 30 percent of global Internet revenues and more than 40 percent of net income."

Tracking Global Internet Use, 2000-2011

In preparation for Monday's lecture on internet policy, I thought it may be helpful to get a sense for how quickly internet-based communication has grown in the last 11 years. I created this map to show internet usage, broken down country by country, from 2000-2011. Enjoy!

Readings for next week - Internet Policy

Just a quick reminder: We're reading Hopkins chapter 12 and Lessig 1999 for next Monday (Sept 17). The first test is in 10 days (Sept 24). I'll pass out a review sheet Monday night. Any questions? Email me! Have a lovely weekend.

FCC kick-starts auction plan, but airwaves won’t hit your smartphone for years

Hi Folks! This week we are discussing broadcast and cable regulation. It is a great topic, and I hope you enjoy reading about it (Hopkins 10 + 11). I also wanted to draw your attention to an article in the Washington Post about the FCC's plan to auction TV spectrum for mobile wireless use. We'll be discussing the topic in class. A small excerpt:

"The FCC kicked off its much-anticipated plans to auction broadcast television spectrum for mobile wireless networks...But it will be years before your iPhone or Galaxy feels the difference, analysts said. That’s because of the long regulatory process ahead at the FCC to get the auction up and running and then make those airwaves available to winners. Understanding the marathon ahead, trade groups from the consumer electronics industry, rural carriers and tech organizations praised the FCC’s proposal, which is expected to be finalized as an order in mid-2013."

What authority does it have to manage the auction? If you do the reading, you'll know the answer! 

Is Copyright Dead?

Check out this interview with Amelia Andersdotter, Member of the European Parliament and the Swedish Piratpartiet (Pirate Party). Clearly there is no transatlantic consensus on the future of intellectual property law. We'll pick here after Labor Day. 

Oh, and check out this article on efforts to sync American IP law better with Asia.