The controversy may center on the design of the Web server called speeches.gov.ca.gov. The California government used it to post MP3 files of Schwarzenegger's speeches in a directory structure that looked like "http://speeches.gov.ca.gov/dir/06-21.htm.htm". (That Web page is now offline, but saved in Google's cache.)
Good link, CMR. Though I find it amusing that the site, continuing, like the MSM, to play off/run with, the tech-ignorance of most readers, continues to insist that saying insiders told them it was a public site constitutes some kind of scoop.