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Criticized on Seizure of Records, White House Pushes News Media Shield Law (NYT)
Under fire over the Justice Department’s use of a broad subpoena to obtain calling records of Associated Press reporters in connection with a leak investigation, the Obama administration sought on Wednesday to revive legislation that would provide greater protections to reporters in keeping their sources and communications confidential. Capital New York The administration opposed an initial draft of the Free Flow of Information Act, but eventually supported a compromise version that would allow federal judges to protect reporters from subpoenas for information, if the judge determined that the news value of the reports exceeded the government’s interest in uncovering the sources of a leak. HuffPost / The Backstory New York Times reporter Charlie Savage asked Attorney General Eric Holder, who had just announced he’d recused himself from the AP leak investigation, “Are you also recused from the Stuxnet investigation out of Maryland?” The New York Times has reason to be concerned about whether investigators are using similar tactics on them. The Maryland case is believed to be focused on Times chief Washington correspondent David Sanger’s reporting on how the U.S. and Israel helped derail Iran’s nuclear program through cyberattacks. Sanger’s June scoop, along with the Times’ front-page article on Obama’s terrorist “kill list,” spurred Congressional calls to investigate the leaks of classified information. The Washington Post / Erik Wemple Media Matters for America, a group that monitors the country’s conservative media for distortions and inaccuracies, fell in for criticism Wednesday over the Justice Department’s secret subpoena of the Associated Press’s phone records. Evidence of this Media Matters-Obama administration mindmeld? This piece here, which says: “If the press compromised active counter-terror operations for a story that only tipped off the terrorists, that sounds like it should be investigated.” The Daily Beast / Politics Beast David Brock explained all in a statement. “Media Matters for America monitors, analyzes, and corrects conservative misinformation in the media and was not involved with the production of the document focusing on the DOJs investigation,” he said. “That document was issued by ‘Message Matters,’ a project of the Media Matters Action Network, which posts, through a different editorial process and to a different website, a wide range of potential messaging products for progressive talkers to win public debates with conservatives.” Read more

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Justice Dept. Defends Seizure of AP Phone Records (NYT)
Attorney General Eric H. Holder Jr. on Tuesday defended the Justice Department’s sweeping seizure of telephone records of Associated Press journalists, describing the article by the AP that prompted a criminal investigation as among “the top two or three most serious leaks that I’ve ever seen” in a 35-year career. “It put the American people at risk, and that is not hyperbole,” he said in an apparent reference to an article on May 7, 2012, that disclosed the foiling of a terrorist plot by Al Qaeda’s branch in Yemen to bomb an airliner. The Washington Post / Opinions The usual reason for keeping a subpoena secret is that the target would otherwise try to destroy documents. In this case, the AP could not have done so even if it wanted to, since the relevant records were in the possession of its phone service providers. Without even giving AP a chance to weigh in, we don’t see how the department could intelligently weigh its prosecutorial needs against this broad subpoena’s chilling effect on reporters and their sources. HuffPost / The Backstory Associated Press Washington bureau chief Sally Buzbee was among the journalists targeted in the Justice Department’s sweeping seizure of phone records that has drawn widespread condemnation from members of the media and free speech advocates, an AP spokeswoman confirmed to The Huffington Post. FishbowlNY The Department of Justice is trying to brush off the secret accessing of AP editors’ and reporters’ phone records. The agency already sent one bland letter to the AP about the incident, and Tuesday, it sent another. According to AP CEO and president Gary Pruitt, both letters from the DOJ basically said “Meh,” and not much else about the scary over-extension of the government. B&C Society of Professional Journalists president Sonny Albarado has condemned the Justice Department’s alleged secret collection of AP reporter and editor phone records and said it highlights the need for a federal shield law. Politico / Dylan Byers on Media The Associated Press Media Editors Association has joined other journalists in condemning the Justice Department’s seizure of Associated Press phone records, calling it part of the Obama administration’s “continuing witch hunt for leaks and whistleblowers.” TVNewser Fox News host Bill O’Reilly said this may be the least of President Obama’s worries. “I don’t think that’s going to amount to much,” O’Reilly said of the phone taps. “It looks like they went through the warrant process and they had authorization to look at these records — the Justice Department did. But President Obama, he’s got some problems now. He better start to get control of the situation because there’s a lot of stuff going on.” Read more

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Gov’t Obtains Wide AP Phone Records in Probe (The Associated Press / The Big Story)
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 outgoing calls for the work and personal phone numbers of individual reporters, for general AP office numbers in New York, Washington and Hartford, Conn., and for the main number for the AP in the House of Representatives press gallery, according to attorneys for the AP. The Guardian The AP’s president and chief executive officer, Gary Pruitt, sent a letter of protest to the attorney-general, Eric Holder. “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,” Pruitt said. HuffPost / The Backstory Though the DOJ did not give the AP a specific reason for the seizure, the dates of the phone calls it targeted offered a clear tell. On May 7, 2012, AP reporters Adam Goldman and Matt Apuzzo, citing anonymous sources, reported that the CIA had thwarted a plot by an al-Qaeda affiliate to “destroy a U.S.-bound airliner using a bomb with a sophisticated new design around the one-year anniversary of the killing of Osama bin Laden.” Politico Fox News’ Greta Van Susteren told Politico in an email that the DOJ’s seizure “sounds like a dragnet to intimidate the media,” not a criminal investigation. “What is stunning is the breadth of the seizure!” Van Susteren said. EFF While the government has not confirmed, the subpoenas appear to stem from an investigation into a government leak of information to the AP. This is not a sufficient excuse. Imagine if “Deep Throat,” the informant critical to Woodward and Bernstein’s investigation of the 1972 Watergate burglary, knew that his identity could be obtained through legal process. His career, and perhaps his life, would have been in serious jeopardy, and a cautious individual would have kept silent. TVNewser Former CBS News correspondent Kimberly Dozier, now an intelligence and counterterrorism reporter for the AP, was one of the journalists who had their phone logs seized. Dozier was seriously injured in Iraq in 2006. She left CBS for the AP in 2010. FishbowlNY Sadly, the saying “If you’re not worried, you’re not paying attention” never seems more relevant than now. Read more

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Bloomberg Admits Terminal Snooping (NYT)
Reporters at Bloomberg News were trained to use a function on the company’s financial data terminals that allowed them to view subscribers’ contact information and, in some cases, monitor login activity in order to advance news coverage, more than half a dozen former employees said. Bloomberg / Matthew Winkler Our reporters should not have access to any data considered proprietary. I am sorry they did. The error is inexcusable. Last month, we immediately changed our policy so that reporters now have no greater access to information than our customers have. Removing this access will have no effect on Bloomberg news-gathering. At no time did reporters have access to trading, portfolio, monitor, blotter or other related systems. Nor did they have access to clients’ messages to one another. BuzzFeed Executives at Bloomberg have known about journalists using the company’s terminals to spy on clients at least since September 2011 — more than a year before the practice turned into a scandal that threatens the company’s relationships with its clients. That month, Erik Schatzker, an anchor at Bloomberg TV and host of Market Makers, was reprimanded for making on-air comments about using terminal data to track the activities of at least one story subject, according to two sources with knowledge of the situation. TVNewser CNBC talked with a former Bloomberg employee who says he accessed usage information of Federal Reserve chairman Ben Bernanke and former U.S. Treasury secretary Tim Geithner. He said he did it “just for fun” and as a way “to show how powerful” the Bloomberg terminals were. CNBC In response to queries that Bloomberg journalists had access to officials data usage, a Bloomberg spokesman said, “What you are reporting is untrue” but declined to respond when asked what specifically was inaccurate. He also would not say whether the company had investigated journalists’ access to this information. Read more

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Discovery Reports Higher First-Quarter Earnings (B&C)
Discovery Communications reported higher first-quarter earnings as international growth offset a decline in digital distribution revenue. First-quarter net income rose 4 percent to $231 million, or 63 cents a share, from $221 million, or 57 cents a share. The Wrap / The Box Discovery also said it expects Oprah Winfrey’s OWN to meet its previously stated goal of breaking even in cash flow in the second half of this year, Discovery president and CEO David Zaslav said. OWN viewership was up 3 percent in its key women 25-54 demographic in the first quarter, even though the first quarter of 2012 included OWN’s highest-rated broadcast, Winfrey’s interview with Whitney Houston’s daughter. THR The latest figure was impacted by a range of factors in addition to what the company called “the strong underlying operating performance in the current year’s quarter.” Among the items affecting the latest profit were a $92 million gain from the consolidation of results for Discovery Japan and $46 million of improved equity earnings, but also higher equity-based compensation expenses and a $59 million loss from “hedging activities primarily associated with the acquisition of the SBS Nordic operations.” Read more

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The Onion‘s Twitter Feed Hijacked by Pro-Syria Hackers (The Wrap / Media Alley)
The Onion, America’s finest fake news organization, was the latest victim of cyber hacking on Monday when the Syrian Electronic Army took over its Twitter account to tweet a slew of anti-Israel messages. NYT / Bits A member of the Syrian Electronic Army who goes by the hacker handle “Th3 Pr0″ told The New York Times that the group aimed at The Onion because of a recent Onion parody post, purportedly written by Syrian President Bashar Al-Assad, titled: “Hi, In The Past 2 Years, You Have Allowed Me To Kill 70,000 People.” “The Onion is a satire news organization and quite often is more trusted to reflect the news than the corporate media is known to,” Th3 Pr0 wrote in an email. The Onion Following Monday’s incident in which the Syrian Electronic Army hacked into the Onion‘s Twitter account, sources at America’s Finest News Source confirmed that its Twitter password has been changed to OnionMan77 in order to prevent any future cyber-attacks. “We have taken the necessary measures to ensure this kind of thing never happens again,” said Onion IT specialist Nick Abersold. Read more

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Howard Kurtz Apologizes on CNN For Errors (Politico)
Howard Kurtz took to his Reliable Sources show on CNN on Sunday to apologize for his “inexcusable” erroneous report last week about NBA player Jason Collins and for a string of past mistakes that the media critic admitted he was sometimes too slow to correct. During Kurtz’s extraordinary 15-minute long confession of journalistic sins, he repeatedly said he’s learned a lesson and promised to double and triple-check all his facts in the future to win back the trust of readers and viewers. TVNewser NPR’s David Folkenflik and Politico‘s Dylan Byers grilled Kurtz about Collins as well as other mistakes from the past that Kurtz admitted he had sometimes waited too long to correct. It was riveting, powerful, and frequently uncomfortable to watch. The live interrogation on CNN was not Kurtz’ idea. HuffPost / The Backstory Kurtz claimed Sunday that Daily Download, a site founded by USA Today veteran Lauren Ashburn, has “always been a limited venture for me.” The Knight Foundation provided a $115,000 grant for the Daily Download project in December 2011, via Maryland Public Television, and provided a second $115,000 grant in November 2012. A Knight Foundation spokesman told HuffPost that Kurtz’s “involvement was a factor in our support for the Daily Download.” Daily Download / Lauren Ashburn In a regular Daily Download feature where Kurtz and I comment on the day’s media news, he made a mistake. And so did I. As founder and editor-in-chief, I am responsible for what goes on Daily Download. I am committed to being more vigilant to ensure our facts are correct and that we are more transparent if issues arise. Read more

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Howard Kurtz Under Fire For Erroneous Report About NBA Player Jason Collins Coming Out (Mediaite)
Arguably the biggest news this week has been basketball player Jason Collins coming out as the first openly gay player in major U.S. sports, but media critic Howard Kurtz thinks Collins has been quiet about one part of his past: his engagement to a woman after dating her for eight years. Kurtz stated quite clearly in a Daily Beast post Wednesday that Collins “left out” this detail about his life, but it turns out that was not exactly the case. Gawker On Wednesday Kurtz found — for two different outlets — a dark shadow in the sunny coverage of NBA player Jason Collins’ decision to come out as gay: Collins was at one point engaged to a woman. “He didn’t tell the whole story,” Kurtz burbles in a Daily Download video. Kurtz continues: “If you leave out the fact that you dated this woman for eight years and that you were engaged to be married, then you have not told the whole story and I think this really muddies the whole plotline.” Kurtz wrote the same argument for the Daily Beast, that Collins “left one little part out.” Except Collins didn’t leave the detail out. It’s right at the beginning of the eighth paragraph of his long Sports Illustrated piece. NY Mag / Daily Intelligencer Alerted to this glaring oversight, Kurtz quickly tweaked the text of his column to make it factually accurate. “He left one little part” was changed to “he downplayed one detail.” “Turns out it was an edited story” became “He mentioned the engagement to Sports Illustrated, but didn’t dwell on it.” A correction was belatedly affixed to the story long after the changes had been made. BuzzFeed Kurtz: “I regret the mistake I made in writing about Jason Collins’ essay, and I hope I wasn’t insensitive in discussing it. He did a courageous thing by taking this step, but once he put it out for public discussion, it seems fair to raise questions about the account of his former fiancee, who granted several interviews. Obviously Collins or any other gay person can come out in any way they choose, or not come out at all. I don’t think my analysis was out of bounds, but that’s for others to judge.” HuffPost / The Backstory Kurtz has been regularly contributing to, and heavily promoting, a lesser-known media website with no financial ties to his full-time employer. The site, Daily Download, is a regular fixture in Kurtz’s Twitter feed and a place where he increasingly posts his takes on the state of media affairs. But no one is sure why, exactly, he’s so involved with this particular piece of Internet real estate. Read more

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House of Cards, Jerry Seinfeld Top Webby Awards (HuffPost / AP)
Netflix’s groundbreaking House of Cards may be the first digital series nominated for a best drama Emmy. But it will start with a Webby. The Webby Awards are honoring House of Cards producers Kevin Spacey and Dana Brunetti with a Webby special achievement award. The Wrap / Media Alley R&B artist Frank Ocean was named the Webby Person of the Year for proving the power of the Web as a medium for cultural change by publishing his coming-out letter on his Tumblr. The Webby Breakout of the Year award went to the Obama administration for its America 2012 campaign for its tech team’s Internet-savvy effort to reelect President Obama. The Webby Awards The star-studded ceremony will be available to view on-demand in HD at watch.webbyawards.com beginning at 9 a.m. ET on May 22, 2013. This year’s ceremony will be hosted by critically acclaimed stand-up comedian, writer and actor Patton Oswalt. Read more

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Barry Diller Admits Buying Newsweek Was A Mistake (FishbowlNY)
The “Most Honest And Unintentionally Depressing Answer Of The Day” award goes to Barry Diller, IAC’s chairman. In an interview with Bloomberg TV, Diller admits that buying Newsweek was a mistake, and even adds that the all-digital NewsBeast isn’t likely to succeed: “For a news magazine, which is a bit of an odd phrase today, it was not possible to print it any longer. We said we will offer digital products. We have a very solid newsroom. We will see. I do not have great expectations. I wish I had not bought Newsweek. It was a mistake.” Bloomberg Businessweek IAC doesn’t officially disclose financial figures for the Newsweek/Daily Beast unit. A person with direct knowledge of the matter told Bloomberg News in July the business would probably lose as much as $22 million in 2012. The publisher cut editorial jobs in December in an effort to hold down expenses. Read more