AMERICAN SOCIETY FOR TESTING AND MATERIALS et al v. PUBLIC.RESOURCE.ORG, INC.

Filing 204

LARGE ADDITIONAL ATTACHMENT(S) to Public Resource's Second Motion for Summary Judgment by PUBLIC.RESOURCE.ORG, INC. 202 MOTION for Summary Judgment filed by PUBLIC.RESOURCE.ORG, INC., 203 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by PUBLIC.RESOURCE.ORG, INC. (This document is SEALED and only available to authorized persons.) filed by PUBLIC.RESOURCE.ORG, INC.. (Attachments: # 1 Public Resources Statement of Disputed Facts, # 2 Public Resources Evidentiary Objections, # 3 Public Resources Request for Judicial Notice, # 4 Declaration Carl Malamud, # 5 Declaration Matthew Becker, # 6 Consolidated Index of Exhibits, # 7 Exhibit 1, # 8 Exhibit 2, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, # 12 Exhibit 6, # 13 Exhibit 7, # 14 Exhibit 8, # 15 Exhibit 9, # 16 Exhibit 10, # 17 Exhibit 11, # 18 Exhibit 12, # 19 Exhibit 13, # 20 Exhibit 14, # 21 Exhibit 15, # 22 Exhibit 16, # 23 Exhibit 17, # 24 Exhibit 18, # 25 Exhibit 19, # 26 Exhibit 20, # 27 Exhibit 21, # 28 Exhibit 22, # 29 Exhibit 23, # 30 Exhibit 24, # 31 Exhibit 25, # 32 Exhibit 26, # 33 Exhibit 27, # 34 Exhibit 28, # 35 Exhibit 29, # 36 Exhibit 30, # 37 Exhibit 31, # 38 Exhibit 32, # 39 Exhibit 33, # 40 Exhibit 34, # 41 Exhibit 35, # 42 Exhibit 36, # 43 Exhibit 37, # 44 Exhibit 38, # 45 Exhibit 39, # 46 Exhibit 40, # 47 Exhibit 41, # 48 Exhibit 42, # 49 Exhibit 43, # 50 Exhibit 44, # 51 Exhibit 45, # 52 Exhibit 46, # 53 Exhibit 47, # 54 Exhibit 48, # 55 Exhibit 49, # 56 Exhibit 50, # 57 Exhibit 51, # 58 Exhibit 52, # 59 Exhibit 53, # 60 Exhibit 54, # 61 Exhibit 55, # 62 Exhibit 56, # 63 Exhibit 57, # 64 Exhibit 58, # 65 Exhibit 59, # 66 Exhibit 60, # 67 Exhibit 61, # 68 Exhibit 62, # 69 Exhibit 63, # 70 Exhibit 64, # 71 Exhibit 65, # 72 Exhibit 66, # 73 Exhibit 67, # 74 Exhibit 68, # 75 Exhibit 69, # 76 Exhibit 70, # 77 Exhibit 71, # 78 Exhibit 72, # 79 Exhibit 73, # 80 Exhibit 74, # 81 Exhibit 75, # 82 Exhibit 76, # 83 Exhibit 77, # 84 Exhibit 78, # 85 Exhibit 79, # 86 Exhibit 80, # 87 Exhibit 81, # 88 Exhibit 82, # 89 Exhibit 83, # 90 Exhibit 84, # 91 Exhibit 85, # 92 Exhibit 86, # 93 Exhibit 87, # 94 Exhibit 88, # 95 Exhibit 89, # 96 Exhibit 90, # 97 Exhibit 91, # 98 Exhibit 92, # 99 Exhibit 93, # 100 Exhibit 94, # 101 Exhibit 95, # 102 Exhibit 96, # 103 Exhibit 97, # 104 Certificate of Service)(Bridges, Andrew)

EXHIBIT 4

The Washington Post

SUPERHIGHWAY ROUTED THROUGH CAPITOL HILL
By John Schwartz
September 19, 1994

You read about it, but you missed the broadcast on C-SPAN. You want to hear Sen. Alfonse M. D'Amato (RN.Y.) singing "E-I-E-I-O" on the Senate floor.
Today, you'll just have to wait for some news program to dredge up the clip for the next D'Amato profile.
But before long, if Carl Malamud has his way, you'll be able to suck that sound bite -- or anything that
happens on the floor of either chamber -- into your computer directly from the Internet, and play it back
whenever you like. You'll also be able to grab related materials -- from photos to charts to reports -- stored
elsewhere on the Internet and linked to the segment you requested.
A Cyberspace Station
Malamud is very well connected, though not in the typical Washington sense of the word. He maintains a
super-high-speed link to the Internet, the global network of computer networks, and has used those
connections to put the first radio station in cyberspace on the air.
For more than a year, Malamud, 35, and a handful of part-time enthusiasts have been broadcasting two to
three hours of digital programming daily via his Internet Multicasting Service (IMS). Technofans with
sufficiently speedy Internet connections -- and the right sound hardware and software -- can tap into a
weekly live audio feed for news and information about public affairs, science and technology. (Malamud
named one of the features, a weekly interview, "Geek of the Week.") Most listeners, with less zippy on-line
links, "download" bits of the programming into their computers for later listening.
Gavel-to-Gavel Coverage
Last week, Malamud announced a new venture that plans to take the Internet Radio concept even further:
the appearance sometime next year of gavel-to-gavel audio coverage of the workings of the House and
Senate via computer.
Why would anyone devote his life to turning the Internet, a key part of the high-tech future, into radio, a
symbol of the static-filled past? And why would anyone want to use all of the awesome technology humming
around us for a version of C-SPAN -- without pictures, yet?
Because it's harder than it sounds. Although electronic text messages blink across the country in mere nanomoments, sound is a data hog. Translating sound into the 1s and 0s that can be interpreted by computers
requires 30 megabytes of storage space for every digitally recorded hour -- a chunk of the capacity of many
home computers. Any semblance of a live broadcast also requires an Internet connection that shuttles data
at rates of 64,000 bits per second -- several times faster than most mainstream modems for personal

computers can handle. Downloading programs at lower speeds for later listening can take hours of precious
connect time.
Listening at the Office
Nonetheless, Malamud maintains that his programming reaches more than 100,000 people in 30 countries.
Many fans listen in at their offices, because high-speed Internet links and internal computer networks are
becoming de rigueur for businesses that send and receive large amounts of information on-line. "We're not
CNN, but we're a lot younger than CNN," Malamud said.
Computer systems of the sort Malamud has in mind promise to bring new capabilities that conventional
radio and television can't touch. Today's TV networks give you programs when they choose to broadcast
them. But computer communications allow users to grab the broadcast at their convenience, or search and
play back a specific portion of a broadcast that interests them.
In the planned project, congressional speeches will take a circuitous path to the Internet. Sounds recorded at
the House and Senate galleries will be beamed to IMS's Capitol Hill studio. After turning the sound into a
digital data stream, IMS will shoot it over a high-speed line to studios at the National Press Building, where
the information will simultaneously be stored on a massive set of hard disk drives and go out live over the
Internet feed.
An Archive Service
The Internet Multicasting Service (for general information, send an Internet message to [e-mail])
won't just be broadcasting government proceedings live, though.
With its immense data storage systems -- donated, like much of the computer equipment, by workstation
mavens Sun Microsystems -- the nonprofit IMS plans to archive the year's proceedings for delivery to
anyone who has a hankering to listen to, say, what House Minority Whip Newt Gingrich (R-Ga.) talked about
last Tuesday on the floor.
'Speaker Recognition'
One of the hottest aspects of the "Congressional Memory Project," however, is the software Malamud is
planning to use to search the vast data archive. Most users will simply order up sound bytes by time and
date. IMS plans to create a rough index of proceedings based on the Congressional Record, which is also
available on-line.
Going a step further, Malamud hopes to implement still-experimental "speaker recognition" software that
detects and stores the idiosyncratic patterns of sound in people's voices. Once those telltale characteristics
are determined, a large audio database can be searched for matching patterns. Thus users of the archive
could simply request any member's speeches on a certain date.
Because such software isn't a proven commodity yet, "we're not depending on speaker recognition as a magic
bullet," Malamud said.

Here's how the Congressional Memory Project is expected to work in practice: You're sitting at your
computer (or, at least, the next computer on your wish list) and navigate your way to IMS using graphical
"browsing" software such as Mosaic. Your screen fills with a page of information that contains text
describing the service and several on-screen icons. To hear House proceedings live, click one icon. To hear
the Senate, click another. Another icon will lead to the archive. Some of the text will be highlighted: Clicking
on it will activate links to other material, which might include text of bills under debate, government reports
and other documents, as well as pictures and illustrations stored on computers around the globe.
Plans for Expansion
Along with the new channels of government coverage, Malamud has plans to expand his existing Internet
Radio programming, having signed agreements with Monitor Radio, Radio France International and other
providers. Malamud is also working with the Kennedy Center to broadcast the center's educational
programs, lectures and performances for youth.
Not all of Malamud's ventures are multimedia. The EDGAR text database of filings to the Securities and
Exchange Commission by thousands of companies is available free via the Internet thanks to the Internet
Multicasting Service, the New York University Stern School of Business and grants from the National
Science Foundation. Malamud has also put patent materials on-line.
By working out the kinks of sending and receiving multimedia programming, Malamud believes he is
showing the way for future information superhighway services such as interactive television. "The cable
companies and telcos {telephone companies} think 500 channels means home shopping and video on
demand. I think we're what the face of those 500 channels will look like," Malamud said.

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