Posts tagged newsrooms

Groundhog's Day: DOJ Tracks Fox Reporter's Phone Records

Last week’s news was that the Justice Department seized two months of Associated Press phone records.

This week’s begins with a report that the DOJ surveilled Fox News’ chief Washington correspondent James Rosen, tracking his visits to the State Department in an apparent attempt to link a 2009 leak of classified information about North Korea to government adviser Stephen Jin-Woo Kim

Via the Washington Post:

When the Justice Department began investigating possible leaks of classified information about North Korea in 2009, investigators did more than obtain telephone records of a working journalist suspected of receiving the secret material.

They used security badge access records to track the reporter’s comings and goings from the State Department, according to a newly obtained court affidavit. They traced the timing of his calls with a State Department security adviser suspected of sharing the classified report. They obtained a search warrant for the reporter’s personal e-mails.

The case of Stephen Jin-Woo Kim, the government adviser, and James Rosen, the chief Washington correspondent for Fox News, bears striking similarities to a sweeping leaks investigation disclosed last week in which federal investigators obtained records over two months of more than 20 telephone lines assigned to the Associated Press…

…Court documents in the Kim case reveal how deeply investigators explored the private communications of a working journalist — and raise the question of how often journalists have been investigated as closely as Rosen was in 2010. The case also raises new concerns among critics of government secrecy about the possible stifling effect of these investigations on a critical element of press freedom: the exchange of information between reporters and their sources.

Washington Post, A rare peek into a Justice Department leak probe.

At Bloomberg, reporters could sit at their desks and use a keyboard function to see the last time an official of the Federal Reserve logged on. And the Justice Department obtained the records of The Associated Press from phone companies with no advance notice, giving it no chance to challenge the action. The absence of friction has led to a culture of transgression. Clearly, if it can be known, it will be known.
In mid-April, we went live with a half dozen articles which we call “stubs.” The idea here is to plant a flag in a story right away with a short post—a “stub”—and then build the article as the story develops over time, rather than just cranking out short, discrete posts every time something new breaks. One of our writers refers to this aptly as a “slow live blog.

This Is What Happens When Publishers Invest In Long Stories ⚙ Co.Labs ⚙ code community

The results of Fast Company’s experiment with “stubs” — which allowed them to gradually create long-form journalism — pleasantly surprised the team when it brought a lot of traffic. Learn more about their strategy and check out snapshots of their site analytics from Chris Dannen. (via onaissues)

FJP: SBNation, the network of sports blog, rolled out a feature similar to this when Vox Media redesigned the entire ecosystem. This is how Jeff Clark of SBNation’s CelticsBlog described “Storystreams” when the redesign launched: 

This is a kind of post that has several updates within that post. It is a smarter way of handling big stories that have many updates (like trade deadline day and media day) rather than editing a single post or breaking it into several smaller posts.

And yes, I’m a Celtics junkie. — Michael

The Ultimate Nerd Assignment
Slate’s Matthew Yglesias watches every movie and every episode of every Star Trek and reports back on what it all means.

The Ultimate Nerd Assignment

Slate’s Matthew Yglesias watches every movie and every episode of every Star Trek and reports back on what it all means.

Leaks, The Justice Department and the Associated Press
Attorney General Eric Holder responded yesterday to the news that the Justice Department seized two months of Associated Press phone records. Security!

This was a very serious leak and a very, very serious leak. I’ve been a prosecutor since 1976 and I have to say that this is among, if not the most serious, it is within the top two or three most serious leaks I’ve ever seen. It put the American people at risk. That’s not hyperbole. It put the American people at risk.

Leaks! The government doesn’t like them. And Holder’s Justice Department has prosecuted more alleged leakers under the World War 1-era Espionage Act than all his predecessors combined.
In this case, the alleged leak lead to the AP reporting on a Yemeni-based plot to blow up an airplane.
Here’s some of what we’re reading on the story.
Glenn Greenwald, The Guardian: Justice Department’s pursuit of AP’s phone records is both extreme and dangerous.

The legality of the DOJ’s actions is impossible to assess because it is not even known what legal authority it claims nor the legal process it invoked to obtain these records. Particularly in the post-9/11 era, the DOJ’s power to obtain phone records is, as I’ve detailed many times, dangerously broad. It often has the power to obtain those records without the person’s knowledge (as happened here) and for a wildly broad scope of time (as also happened here). There are numerous instruments that have been vested in the DOJ to obtain phone records, many of which do not require court approval, including administrative subpoenas and “national security letters” (issued without judicial review); indeed, the Obama DOJ has previously claimed it has the power to obtain journalists’ phone records without subpoeans using NSLs, and in its relentless pursuit to learn the identity of the source for one of New York Times’ James Risen’s stories, the Obama DOJ has actually claimed that journalists have no shield protections whatsoever in the national security context. It’s also quite possible that they obtained the records through a Grand Jury subpoena, as part of yet another criminal investigation to uncover and punish leakers.
None of those processes for obtaining these invasive records requires a demonstration of probable cause or anything close to it. Instead, the DOJ must simply assert that the records “relate to” a pending investigation: a standard so broad that virtually every DOJ desire will fulfill it.

Emily Bazelon, Slate: Obama’s War on Journalists:

Whether a leak threatens national security is clearly not the standard Holder and his department are using. And the problem is that the standard is up to them. The 1917 Espionage Act, the basis for most of these cases, was written to go after people who compromised military operations. Back in 1973, the major law review article on that statute concluded that Congress never intended to go after journalists with it, or even their sources. Since then, legal scholars have proposed various ways of narrowing the Espionage Act—University of Chicago law professor Geoffrey Stone wants to limit the law’s reach to cases in which there’s proof that a reporter knows publication will wreck national security without contributing to the public debate. But Congress has done nothing of the sort. Wouldn’t it be nice if the Republicans who are indignant over the AP investigation got serious about reform? Somehow, I doubt it. Instead, with a Democratic White House leading the charge, it’s hard to see who will stop this train.

Timothy Lee, Washington Post: In AP surveillance case, the real scandal is what’s legal

But here’s what’s really scary: The Justice Department’s actions are likely perfectly legal.
U.S. law allows the government to engage in this type of surveillance—on media organizations or anyone else—without meaningful judicial oversight.
The key here is a legal principle known as the “third party doctrine,” which says that users don’t have Fourth Amendment rights protecting information they voluntarily turn over to someone else. Courts have said that when you dial a phone number, you are voluntarily providing information to your phone company, which is then free to share it with the government.

Brian Fung, National Journal: What the AP Subpoena Scandal Means for Your Electronic Privacy.

It’s not just journalists and their sources who stand to suffer from an erosion of the legal barriers between government and businesses. Here’s a short list of your personal information companies can hand over to the feds without repercussion, and on little more than a subpoena: geolocation data, the PCs you’ve accessed, emails you’ve sent and text messages and content you’ve placed on cloud services like Dropbox.

Image: Boiling Water, by Tom Tomorrow, March 2011. Since this cartoon, the government has prosecuted a sixth alleged leaker under the Espionage Act. Select to embiggen.

Leaks, The Justice Department and the Associated Press

Attorney General Eric Holder responded yesterday to the news that the Justice Department seized two months of Associated Press phone records. Security!

This was a very serious leak and a very, very serious leak. I’ve been a prosecutor since 1976 and I have to say that this is among, if not the most serious, it is within the top two or three most serious leaks I’ve ever seen. It put the American people at risk. That’s not hyperbole. It put the American people at risk.

Leaks! The government doesn’t like them. And Holder’s Justice Department has prosecuted more alleged leakers under the World War 1-era Espionage Act than all his predecessors combined.

In this case, the alleged leak lead to the AP reporting on a Yemeni-based plot to blow up an airplane.

Here’s some of what we’re reading on the story.

Glenn Greenwald, The Guardian: Justice Department’s pursuit of AP’s phone records is both extreme and dangerous.

The legality of the DOJ’s actions is impossible to assess because it is not even known what legal authority it claims nor the legal process it invoked to obtain these records. Particularly in the post-9/11 era, the DOJ’s power to obtain phone records is, as I’ve detailed many times, dangerously broad. It often has the power to obtain those records without the person’s knowledge (as happened here) and for a wildly broad scope of time (as also happened here). There are numerous instruments that have been vested in the DOJ to obtain phone records, many of which do not require court approval, including administrative subpoenas and “national security letters” (issued without judicial review); indeed, the Obama DOJ has previously claimed it has the power to obtain journalists’ phone records without subpoeans using NSLs, and in its relentless pursuit to learn the identity of the source for one of New York Times’ James Risen’s stories, the Obama DOJ has actually claimed that journalists have no shield protections whatsoever in the national security context. It’s also quite possible that they obtained the records through a Grand Jury subpoena, as part of yet another criminal investigation to uncover and punish leakers.

None of those processes for obtaining these invasive records requires a demonstration of probable cause or anything close to it. Instead, the DOJ must simply assert that the records “relate to” a pending investigation: a standard so broad that virtually every DOJ desire will fulfill it.

Emily Bazelon, Slate: Obama’s War on Journalists:

Whether a leak threatens national security is clearly not the standard Holder and his department are using. And the problem is that the standard is up to them. The 1917 Espionage Act, the basis for most of these cases, was written to go after people who compromised military operations. Back in 1973, the major law review article on that statute concluded that Congress never intended to go after journalists with it, or even their sources. Since then, legal scholars have proposed various ways of narrowing the Espionage Act—University of Chicago law professor Geoffrey Stone wants to limit the law’s reach to cases in which there’s proof that a reporter knows publication will wreck national security without contributing to the public debate. But Congress has done nothing of the sort. Wouldn’t it be nice if the Republicans who are indignant over the AP investigation got serious about reform? Somehow, I doubt it. Instead, with a Democratic White House leading the charge, it’s hard to see who will stop this train.

Timothy Lee, Washington Post: In AP surveillance case, the real scandal is what’s legal

But here’s what’s really scary: The Justice Department’s actions are likely perfectly legal.

U.S. law allows the government to engage in this type of surveillance—on media organizations or anyone else—without meaningful judicial oversight.

The key here is a legal principle known as the “third party doctrine,” which says that users don’t have Fourth Amendment rights protecting information they voluntarily turn over to someone else. Courts have said that when you dial a phone number, you are voluntarily providing information to your phone company, which is then free to share it with the government.

Brian Fung, National Journal: What the AP Subpoena Scandal Means for Your Electronic Privacy.

It’s not just journalists and their sources who stand to suffer from an erosion of the legal barriers between government and businesses. Here’s a short list of your personal information companies can hand over to the feds without repercussion, and on little more than a subpoena: geolocation data, the PCs you’ve accessed, emails you’ve sent and text messages and content you’ve placed on cloud services like Dropbox.

ImageBoiling Water, by Tom Tomorrow, March 2011. Since this cartoon, the government has prosecuted a sixth alleged leaker under the Espionage Act. Select to embiggen.

Spongebob Learns a Lesson in Journalism Ethics
Well this might be the best episode of Spongebob Squarepants ever. You can watch the whole thing here.
If you don’t, here’s the spoiler version:
Mr. Krabs starts his own newspaper, The Krabby Kronicle, and makes Spongebob a reporter. But Mr. Krabs wants some embellishment in the stories. He says:

SpongeBob, what’s the meaning of this? ‘LOCAL RESIDENT WATCHES POLE’? No one’s going to pay to read this malarky. When you write these stories, you’ve got to use a little imagination, boy. Maybe instead of “Man Watches Pole,” you could say something like, “Man Marries Pole.” Then you could alter the photo a little to fit the headline…

After which Spongebob’s readers get angry at his yellow journalism and he ends up teaching his publisher a lesson.
Image: Screenshot from the episode.
H/T: Romenesko for the find.

Spongebob Learns a Lesson in Journalism Ethics

Well this might be the best episode of Spongebob Squarepants ever. You can watch the whole thing here.

If you don’t, here’s the spoiler version:

Mr. Krabs starts his own newspaper, The Krabby Kronicle, and makes Spongebob a reporter. But Mr. Krabs wants some embellishment in the stories. He says:

SpongeBob, what’s the meaning of this? ‘LOCAL RESIDENT WATCHES POLE’? No one’s going to pay to read this malarky. When you write these stories, you’ve got to use a little imagination, boy. Maybe instead of “Man Watches Pole,” you could say something like, “Man Marries Pole.” Then you could alter the photo a little to fit the headline…

After which Spongebob’s readers get angry at his yellow journalism and he ends up teaching his publisher a lesson.

Image: Screenshot from the episode.

H/T: Romenesko for the find.

White Men, Everyone Else: Gender and Ethnic Diversity on Cable News

Media Matters spent the month of April reviewing evening guests on cable news. The results, unfortunately, don’t surprise: CNN, Fox News, and MSNBC “overwhelmingly host male and white guests.”

Read through for the details as the watchdog group breaks down the numbers for each network. We learn, for instance, that “Out of 1,677 total guests, CNN had the largest proportion of men — 76 percent — during the month of April;” and “Fox News had the largest proportion of white guests — 83 percent.”

Hat tip to Chris Hayes, whose show is the most diverse in cable evening news. And getting there isn’t very difficult. “We just would look at the board and say, ‘We already have too many white men. We can’t have more,’” Hayes told Ann Friedman at the Columbia Journalism Review back in March. “Really, that was it.”

Images: Diversity On Evening Cable News, via Media Matters. Select to embiggen.

There can be no possible justification for such an overbroad collection of the telephone communications of The Associated Press and its reporters. These records potentially reveal communications with confidential sources across all of the newsgathering activities undertaken by the AP during a two-month period, provide a road map to AP’s newsgathering operations, and disclose information about AP’s activities and operations that the government has no conceivable right to know.”

We regard this action by the Department of Justice as a serious interference with AP’s constitutional rights to gather and report the news.

Gary Pruitt, President and CEO of the Associated Press, in a letter (PDF) to US Attorney General Eric Holder.

The News, via the AP:

The Justice Department secretly obtained two months of telephone records of reporters and editors for the Associated Press in what the news cooperative’s top executive called a “massive and unprecedented intrusion” into how news organizations gather the news.

The records obtained by the Justice Department listed incoming and outgoing calls, and the duration of each call, for the work and personal phone numbers of individual reporters, general AP office numbers in New York, Washington and Hartford, Conn., and the main number for AP reporters in the House of Representatives press gallery, according to attorneys for the AP.

In all, the government seized those records for more than 20 separate telephone lines assigned to AP and its journalists in April and May of 2012. The exact number of journalists who used the phone lines during that period is unknown but more than 100 journalists work in the offices whose phone records were targeted on a wide array of stories about government and other matters.

As Declan McCullagh, chief political correspondent for CNET, points out, 28 CFR 50.10 (the Code of Federal Regulations) includes the following:

No subpoena may be issued to any member of the news media or for the telephone toll records of any member of the news media without the express authorization of the Attorney General… Failure to obtain the prior approval of the Attorney General may constitute grounds for an administrative reprimand or other appropriate disciplinary action.

So, evidently, Eric Holder gave his express authorization for monitoring of the Associated Press’ phone records. Besides the initial WTF, we wait to hear how this is spun to justify the intrusion.

“Rolling Disaster” at The Times-Picayune

Almost a year ago, New Orleans’ Times-Picayune cut staff, announced that it would stop publishing a daily newspaper in favor of three days a week and tired to pivot to digital first at NOLA.com.

A year into the process The Columbia Journalism Review calls strategic decisions made over the last 12 months a “rolling disaster” while the New York Times’ David Carr calls pretty much everything to do with the Picayune “a jaw-dropping blunder”.

But the Picayune isn’t done. Advance Publications, the paper’s owner, has announced the paper will be a paper. Again. Sort of. But in a different format. Probably because The Advocate, the Baton Rouge daily that’s just set up shop in New Orleans, is looking to eat the Picayune’s lunch.

David Carr tries to explain the Picayune’s return to print:

The new distribution plan is hard to explain, but I will do my best.

On Wednesdays, Fridays and Sundays, a broadsheet called The Times-Picayune will be available for home delivery and on the newsstands for 75 cents. On Mondays, Tuesdays and Thursdays, a tabloid called TPStreet will be available only on newsstands for 75 cents.

In addition, a special electronic edition of TPStreet will be available to the three-day subscribers of the home-delivered newspaper. On Saturdays, there will be early print editions of the Sunday Times-Picayune with some breaking news and some Sunday content.

There’s more, but you get the idea — or not. It’s an array of products, frequencies and approaches that is difficult to explain, much less market.

The move was clearly defensive, unveiled the day before John Georges, the new owner of The Advocate, announced that it would expand its incursion into New Orleans.

If that leaves you shaking your head, try this take by Kevin Allman at The Gambit:

The digitally-focused NOLA Media Group, which cut back print publication of The Times-Picayune to three days a week last year, continued to innovate today by announcing a new plan to print on the days it doesn’t produce a print product, bringing the company up to 7-day-a-week publication, according to an announcement by NOLA Media Group Vice President of Content Jim Amoss.

The report, which is not from The Onion, says the new product, to be called “TPStreet,” will launch this summer in newsboxes around the city and cost 75 cents, just like the daily paper, which it will not be, because it is more innovative than that…

…The innovative publication is in response to “a repeated request” from home-delivery subscribers to get a delivered daily paper, but it will not be home delivered, [President and Publisher Ricky] Mathews said.

So, The Advocate’s is trying to invade and the Picayune is playing oddball defense.

“Our hope is that we will be treated to an invigorating old-time press war between The Advocate and The Times-Picayune,” Jed Horne, a former editor at The Times-Picayune tells Carr, “but of course, it could end up being two dinosaurs fighting over the last mud hole on an overheated planet.”

Let’s hope not.

Talking Engagement

  • FJP: Hearst Magazines recently hired Troy Young as its President of Digital Media. Below is a segment from an Ad Age Q&A with him on audience engagement. The full interview is here: http://goo.gl/pmhk7
  • Ad Age: You mentioned that part of your job is changing the way Hearst builds relationships with consumers online. In that case, what does your hiring mean for readers?
  • Troy Young: We'll be very analytical about what they're reacting to and what's engaging them. Like everyone else in the industry, we'll be looking for new measurements of engagement that go beyond uniques and pageviews. If you're looking for a measurement of relationship quality, a unique and a pageview doesn't describe that quality of the reader. That will be a big focus: recalibrating what success means.
  • Ad Age: What do you think this new measure of success looks like?
  • Troy Young: It's going to be a constant measure: return visits, time on page, interactions, social interactions, commenting, sharing. I believe that the signals that readers are participating in the content are hugely important. The model of "I write, you read" is evolving to write, read, inspire, connect.
A Crash Course in Verification and Misinformation in the Wake of the Boston Bombing
jcstearns:

Over the last two weeks I set out to read every article written about errors, misinformation, verification and accuracy in the wake of the Boston bombing media coverage. What follows are a few thoughts and almost 40 links, organized thematically, to some of the best articles on these themes.

View Post
FJP: Nice to see our Jihii Jolly making Josh’s list.

A Crash Course in Verification and Misinformation in the Wake of the Boston Bombing

jcstearns:

Over the last two weeks I set out to read every article written about errors, misinformation, verification and accuracy in the wake of the Boston bombing media coverage. What follows are a few thoughts and almost 40 links, organized thematically, to some of the best articles on these themes.

View Post

FJP: Nice to see our Jihii Jolly making Josh’s list.

Is It Journalism, or Just a Repackaged Press Release? Here's a Tool to Help You Find Out

In case you missed this a couple weeks ago:

Today, the Sunlight Foundation has unveiled a tool that will help us all with this work. “The tool is, essentially, an open-source plagiarism detection engine,” web developer Kaitlin Devine explained to me. It will scan any text (a news article, e.g.) and compare it with a corpus of press releases and Wikipedia entries. If it finds similar language, you’ll get a notification of a detected “churn” and you’ll be able to take a look at the two sources side by side. You can also use it to check Wikipedia entries for information that may have come from corporate press releases. The tool is based on a similar project released in the United Kingdom two years ago, which the Sunlight Foundation supported with a grant to make it open source. Churnalism will be available both on the website and as a browser extension. Its database of press releases includes those from EurekaAlert! in addition to PR Newswire, PR News Web, Fortune 500 companies, and government sources.

Watergate: The Video Game

mediareporter:

Journalists: It’s the game you’ve always wanted to play. Forget finding Carmen Sandiego. In Watergate: The Video Game, you’re on the hunt to expose Richard Nixon’s corruption. Here, the real sleuthing happens through interviews, document acquisition and hard-hitting reporting. This is the best way to celebrate the Pulitzer Prize that the Washington Post received 40 years ago today for its coverage of the Watergate scandal.

FJP: I like the 8-bit glory of it all. — Michael

Waiting on Perfection
See the Slate series, Daily Rituals: Life Hacking Tips from Novelists, Painters and Filmmakers.
For example:

[P]erhaps the single best piece of advice I can offer to anyone trying to do creative work is to ignore inspiration.
This idea comes up over and over again in the book. William Faulkner: “I write when the spirit moves me, and the spirit moves me every day.” George Balanchine: “My muse must come to me on union time.” Chuck Close: “Inspiration is for amateurs. The rest of us just show up and get to work.” John Updike: “I’ve never believed that one should wait until one is inspired because I think that the pleasures of not writing are so great that if you ever start indulging them you will never write again.” George Gershwin said that if he waited for inspiration, he would compose at most three songs a year.

All very true. All very hard to learn.

Waiting on Perfection

See the Slate series, Daily Rituals: Life Hacking Tips from Novelists, Painters and Filmmakers.

For example:

[P]erhaps the single best piece of advice I can offer to anyone trying to do creative work is to ignore inspiration.

This idea comes up over and over again in the book. William Faulkner: “I write when the spirit moves me, and the spirit moves me every day.” George Balanchine: “My muse must come to me on union time.” Chuck Close: “Inspiration is for amateurs. The rest of us just show up and get to work.” John Updike: “I’ve never believed that one should wait until one is inspired because I think that the pleasures of not writing are so great that if you ever start indulging them you will never write again.” George Gershwin said that if he waited for inspiration, he would compose at most three songs a year.

All very true. All very hard to learn.