Tech at Night

Friday, Friday, Friday. Black Friday? Net Neutrality rules have become one step closer to official as the FCC finally delivered something to the OMB after months of stalling. Verizon, MetroPCS, Virginia AG Ken Cuccinelli, and others ended up unable sue to throw out the illegal power grab until it’s published, so the longer the FCC waited, the longer everyone else had to wait to begin to defeat rules that will harm innovation, investment, and jobs, say Fred Upton and Greg Walden.

It’ll be 90 more days at least before the rules hit the Federal Register and the rush to the courthouse begins.

Meanwhile the FCC’s bad run in the courts continues as it lost another case. Of course, this was actually a Bush-era rule, being thrown out on a technicality. But the Obama FCC continued its defense, and lost.

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Tech at Night

I remember when the Digital Millennium Copyright Act passed. It created a boatload of new rules and restrictions on Americans, in the name of tightening copyright online. One of the key provisions of the DMCA is the “safe harbor” rule, which effectively turns ISPs into agents of copyright, by making them honor so-called DMCA takedown notices in exchange for not being held responsible for what’s put by their customers on their public servers.

We were supposed to accept harsh limitations on basic practices like reverse engineering, in order to get what we were told were strong and effective copyright protections. So when I see new copyright criminalization proposed, I have to ask: Did the DMCA fail? Should we repeal it then? Or are we just throwing a bone to the RIAA and MPAA who don’t want to have to bother enforcing their own rights anymore, and get a subsidy from the DoJ to enforce it for them? Come on.

Sure, Some are saying it’s not as bad as it sounded, but if one policy failed, we can’t just keep adding new ones. Repeal and replace, don’t just create an ever-greater web of problems. Or better: just tweak the DMCA instead of adding whole new criminal provisions! Let’s not grow government more than we have to just because big business asks for it. I’m not anti-business, but I’m always wary when big business and big government work together.

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Tech at Night

Amazon’s not kidding one bit about punishing states that attempt to punish it. After Amazon sent a last ditch warning to Associates that all California Associates would be terminated in the event Governor Brown signed the budget with the Amazon Tax in it, the Governor went ahead and did it.

So, every Amazon Associate in California just got terminated, including countless small businesses scraping by in a lousy economy (11% unemployment in CA, thanks to Brown, Obama, and the ARRA). I was one of them. I got the notice at 9:45pm. For the email’s contents, see below the fold.

Democrats: Killing jobs since 1861.

Contrast with Republicans who are embracing new technologies like Skype, shunned by the Nancy Pelosi era House.

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Tech at Night

And we truly are back. Friday night was a night off thanks to some maintenance at RedState. It was nice because I could rest on a Friday night… but it’s not so nice now when I have a whopping 20 Firefox windows to sort through tonight. So here we go.

With so many big stories going on, it’s hard to pick which one to start with. So I’ll start with the one that may be under the radar more than the others. The FCC refused to declare the wireless market competitive in its annual report required by the [Correction: OMNIBUS BUDGET RECONCILIATION ACT OF 1993]. This is a ridiculous position to take. Despite obvious, quantifiable proof that prices are lower, service is better, and choices abound, the FCC has refused to admit the market is competitive for ideological reasons. After all, if the FCC finds the market competitive, it can’t give itself permission to regulate further. Just more proof we need FCC reform, joining the long list of existing reasons.

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Tech at Night

Can we just start shooting the hackers? It seems like it’s war on the Internet these days, and the more there is for me to cover, the more work it is churning out Tech at Night!

Lulzsec denies the allies are in Baghdad the leader is arrested despite an earlier claim on Twitter that it was true.

Anyway, Shame on the Daily Mail for trying to turn a Lulzsec hacker into a sob story. He’s a criminal gangster who couldn’t hold a real job. Let him rot.

How bad is Lulzsec? Even other hacker gangs hate them. I assume it’s because others realize that Lulzsec’s insane overreach is going to bring the hammer of justice down on the entire field. Especially when they’re targeting security experts, besides. It’s true, too: The FBI is on the march here, on the heels of arrests already made in Spain, Turkey, and the UK.

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Tech at Night

I’ve been treating Lulzsec, one of the online gangs attacking websites including the CIA’s, as an offshoot of 4chan and Anonymous. So I’m not surprised to find out that Lulzsec and Anonymous are joining up to attack the US Government. It’s like Hamas and Fatah merging; nobody is surprised. But attacking the government? Handcuffs hurt, boys. It’ll be fun when y’all find that out.

It’ll be interesting to see if Lulzsec Exposed has a role in making that happen, too.

Sega was hit recently, but the reason I’m linking to the story is to point out how laughably bad CBS’s photo for the story was. They show a picture of one old Sega platform (Sega CDX) with the logo of an even older Sega platform (Genesis). Ah, the big time press. Fact checked, peer reviewed, rock-solid. Not like us on the Internet in our robes and sandals.

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Tech at Night

Even as Mary Bono Mack and Republicans fiddle with the pointless SAFE Data act that won’t actually do anything to prevent or even to deter online crime, the Internet burns with a string of further attacks. The Senate was hit twice, and the CIA was hit as well.

I thought we were the party that likes to solve crime by putting the criminals in jail? Why don’t we drop this reporting theater and get back to catching criminals blackmailing the US government and private enterprise?

Seriously? We want to jail kids who upload music to YouTube, and create a Communist China-style Internet censorship blacklist, but we’re blaming the victims of online attacks?

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The California Amazon Tax violates Props 25 and 26

On June 15, 2011, in General, by Neil Stevens

Don’t our elected officials have access to Ballotpedia? If the California Democrats did, they’d know that the Amazon Tax being taken up this afternoon in the legislature is unconstitutional under the state Constitution. And it’s not some old, obscure provision that’s violated either. It’s the brand-new Proposition 26, a constitutional amendment passed in November, that the tax violates.

Put simply, Proposition 26 doesn’t let the state raise new revenue without a 2/3 requirement, so the Amazon tax cannot be passed with a simple majority. And no, Proposition 25, another constitutional amendment also passed in November, doesn’t change that fact.

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State governments are timid beasts. So often the country will refuse to move in a new policy direction unless one state jumps out ahead and acts first. In the past, California was often the dynamic frontrunner. Now, Texas is increasingly the example that other states ought to follow.

When it comes to the Amazon Tax, or the plan to change the tax laws in Texas to punish Amazon for out-competing its competitors, it looked like Texas was ready to lead in the the right direction. Governor Rick Perry vetoed HB 2403, the initial attempt at passing a special Amazon Tax in the state.

But the forces of tax-and-spend politics haven’t given up yet. Even as Texas celebrates its first all-funds spending reduction in decades, it seems like some people haven’t given up on raising taxes. So, the Amazon tax was re-inserted into SB 1 in the special session.

No matter what bill it’s in, a special Internet Sales Tax is a bad idea, and takes Texas in the wrong direction.

Conservative think tanks and activist groups are aligning against the proposal. However the sneaky bit about this second attempt at the new tax is that Governor Perry does not have a line item veto. So it’s time to put pressure on the legislature to fix SB 1 for smaller, Constitutional government.

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Tech at Night

Free Press is getting the heat. It’s been exposed through FOIA that the far left front group was secretly coordinating media strategy with people at the FCC, including Commissioner Michael Copps. So when Copps makes a statement about media regulation, Free Press’s pet issue, I have to assume they wrote it for him. Media Reform is their code for nationalization of the press, after all.

So now that they’re getting exposed, it’s almost not surprising that Free Press and their allies at the FCC are getting violent against conservatives and others exposing the truth about them.

Let me interrupt the Free Press update with some great news, though: Spain has made some arrests in connection with the Playstation Network attack I would love for every one of these antisocial online goons to get real jailtime.

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Nima Jooyandeh facts.