Tech at Night

CISPA is still a harmless bill devoid of new mandates of power grabs, but I’m actually short of new things to say about it this week. Lieberman-Collins is the real threat. Watch the other hand.

Let’s start with some spectrum instead. Verizon is under fire for trying to buy spectrum from Comcast and other cable companies, even as it tries to sell other spectrum. Note though that observers are saying T-Mobile, recently held up as a competitor who must be propped up by government action, stands to benefit in the marketplace by Verizon’s actions. Sprint, however, is put under pressure to to continued mismanagement and lack of funds to invest in its network.

Why would Verizon buy and sell its spectrum is all over the place, and consolidation allows for less demanding hardware requirements for its phones, which benefits Verizon’s customers. That’s good thinking, and that kind of market innovation should be rewarded, not regulated out of existence.

Look: it’s well and good to try to find a treasure trove of unused spectrum as Mark Warner wants, but hope is not a substitute for making more efficient use of what we already know about.

Though while Warner is optimistic, the NAB is insane. I mean, seriously? Did they miss where Verizon is also buying spectrum, so that it’ll have a net gain? Or that Verizon needs to look to the future, unlike various American broadcasters, who are doing the same old thing, and gradually losing out to new technologies? Jealous much of the Internet, NAB?

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Tech at Night

I’m seeing some real panicked shouting online about CISPA, a new bill that some are calling “the new SOPA.” It’s absurd. The bill may not be perfect. It could have flaws. But the argument being hammered against CISPA again and again is that it may be used against copyright infringers who abuse networks. So? The only reason to oppose that is if you wish to destroy copyright property rights entirely, as the radicals do.

I warned about this way back during the SOPA debate. I predicted that the left side of the anti-SOPA coalition would try to hijack the movement into a general one against copyright, as the anarchists over there tend to do, and the shrieking over CISPA is proving me right. CISPA is not a bundle of mandates. It is an avenue to information sharing. Note that everything in CISPA is “totally voluntary,” per The Hill.

If someone and disprove that, and point to one or more mandates in CISPA, I’d like to know. Until then, the burden of proof is on the radicals to prove they’re not really out to protect Anontards and copyright infringers.

For now, it’s looking like CISPA is a solid response to The plans by the President and Democrats to expand government online, by regulating the Internet. Double regulating in fact, as every ‘critical’ industry is already regulated. So this whole “critical infrastructure” thing is more pretext than anything

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Tech at Night

Monday night, as promised, we still have some catch up work to do. So let’s start with those Amazon Taxes, those Internet sales taxes of dubious Constitutionality. Colorado’s got tossed in federal court and Illinois’s didn’t raise any money. Obeying the Constitution counts, folks. Pass a true interstate compact through the Congress first.

Also as promised, there’s the matter of the Next Generation Television Marketplace Act. This is the one where ACU has come out against Jim DeMint, and that caught my attention. I have to side with the bill DeMint is sponsoring. I think ACU simply misunderstood what’s at stake here and had good intentions, but the excessive complexity of the regulations defeated them here.

The bill does not let cable providers become free riders, retransmitting others’ streams for free. It just stops the law from trying to dictate the parameters of the negotiations on retransmissions. I see no harm in that, and potentially much good.

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Tech at Night

I’m back, having gotten myself and my worldly possessions from southern California to northern Virginia. I also have a backlog of items that I’m never going to cover completely tonight, so some issues are going to wait until Monday. So please, check back Monday. There are things I’d love to cover tonight, but I simply lack the time.

Let’s start with Marsha Blackburn (R-TN) and Carolyn Maloney (D-NY) joining up to press Google to do something about the advertising of human trafficking services. Some people are going to have a knee-jerk reaction to this, call it a for-the-children threat to censor. But it’s not. The “child pornography” card gets pulled for all sorts of power grabs, but this isn’t about pictures on the Internet, either of real or made-up people. This is about the actual kidnapping and enslaving of people, including children. That is legitimate cause for action.

And note that Blackburn is would be perfectly happy for Google to do something about it, setting an industry standard, and end the need for government action of any kind. That’s commendable. Because you know what? Industry can act to emulate the effects of legislation and do so more effectively than government ever will.

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Tech at Night

ACTA. The Anti-Counterfeiting Trade Agreement is Darrell Issa’s next project, as he’s not happy about the treaty. So, he’s put the treaty online for all to see.

I still don’t know of any specific reason to oppose the treaty. My understanding is that it basically brings the west in on the DMCA. There may be details I’ve missed though. The best argument against the treaty is a process argument: it’s a bad precedent to pass a treaty kept from the public the way ACTA has been.

In much more amusing news, Anonymous and affiliated online terror cells continue to get rolled up, in some cases with the help of members and leaders already caught.

They’re not anonymous. They have names. They’re not legion. They are limited in number. They’re not an unstoppable idea. They’re specific people who can be jailed. And we’re doing it.

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Tech at Night

Harry Reid may be on a mad dash to bring the radical Liebmerman/Collins/Rockefeller cybersecurity bill, but a broad spectrum of Republicans continue to fight. Democrats may have toned down its Internet Kill Switch provisions, but still is a massive power grab online, and the new SECURE IT act is a much better idea.

What I absolutely love about SECURE it is that it hits all the key points: It strengthens criminal penalties for breaking into servers. It strengthens criminal penalties for breaking into servers (Yes, I said that twice on purpose because it’s that important). It creates private sector information sharing incentives without regulating the private sector at large. It turns inward and gets government to audit its own practices.

These are all the right ideas and none of the wrong ideas. Senator Ron Johnson of Wisconsin is speaking only the common-sense truth when he says “This bill recognizes that industry is at the center of any solution. It’s a sensible step forward that allows industry to invest in innovation and job creation rather than compliance. Imposing a costly and bureaucratic regulatory regime is the wrong approach to national security. New regulations will slow down innovation and investment while companies wait years for the government to introduce outdated standards. The regulatory process simply cannot keep up with the rapid pace of technology.”

It tells you just how basic and correct this bill is when it has co-sponsorship from such a broad spectrum of the caucus: Ron Johnson as mentioned, John McCain, Kay Bailey Hutchison, Chuck Grassley, Saxby Chambliss, Lisa Murkowski, Dan Coats, and Richard Burr.

Support Ron Johnson and the team. We want this bill passed. The common-sense alternative to the power grab cybersecurity bill.

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Tech at Night

So, Google is integrating its websites more. As a result, some privacy settings will apply network-wide, and one site will be able to use data from another site. People are flipping out, naturally. People have been giving Google this data for ages. People have known that Google was watching them, and yet they chose to keep using Google and in fact use one account for many Google services.

Note that the new policy changes nothing about what Google already knew about you. It just changes what certain Google sites will use about you. As Marsha Blackburn and other members of Congress begin to look into it though, Google isn’t helping its case by pleading that it’s alright because certain users are excluded, which just furthers the premise that there’s something wrong with it.

But ultimately, you’re in control of what you do online. Personal responsibility: it’s not just for breakfast anymore.

I feel vindicated though in having about a dozen Google accounts for the limited times I had use for their services, usual in the course of helping somebody else. Different accounts for different uses and different sites. It was never hard. You just had to do it. Oh, and not use their email.

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Tech at Night

It was a long fight. I can’t tell you how many times I kept saying that SOPA and PROTECT IP were in trouble. But they’re getting shelved now. Sure, there’s whining about it. And the President still is too cowardly to lead.

Now it’s time to move on to the next step, though, and find a sensible way to attack the foreign infringers, who essentially are free riders on the American copyright system, taking advantage of the scarcity imposed by copyright without themselves respecting the rules that create that scarcity.

You can tell who’s trying to make this into a fight against copyright though, by the way Megaupload is being made out as a victim. When Megaupload in fact was a company that was making big bucks as a place you could stash files for broad distribution without regard for copyright, and they’re rightfully being shut down.

So it’s not surprising that the terror group Anonymous is defending them and attacking the United States of America in the process. This is an anti-American lawless band of thugs that needs to be be made to pay. And they always do get caught. We just have to wonder whether there will be a backlash against an open Internet thanks to that anarchist scum.

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Tech at Night

I’m back. I ended up taking an extended Christmas break because well, I liked having a break, plus there wasn’t a whole lot going on anyway. But, back to work!

Lamar Smith and Chris Dodd still want to censor the Internet, by pushing the SOPA bill that we need to defeat. Why is it bad? Victims get no due process, ISPs have the burden of proof if government makes economically or technically unreasonable demands on them, and of course the largest reason of all is that it amounts to censoring the Internet without actually stopping foreign infringers of American copyrights.

Let’s make sure to watch the SOPA sponsor list. They must be primary targets this cycle if they don’t turn. I don’t care who they are. Marsha Blackburn is one of my favorite members, but Erick Erickson is right to call her out. This is a bad bill, a terrible bill.

Yes, the foreign leeches are annoying, but the problem is that SOPA doesn’t actually stop them. It attempts (poorly) to censor what Americans can see online. It doesn’t protect American property rights, but instead threatens them in an ostrich-like attempt to hide us from the rest of the world.

Activists are already at work. There’s also an alternative to SOPA that actually will work. The OPEN act promoted by Darrell Issa and Ron Wyden would use proven techniques for stopping foreign infringers; Apple uses it already against patent infringement. The ITC exists for a reason.

But, Chris Dodd’s MPAA and now the RIAA are demanding SOPA, not OPEN. They don’t care if the Internet is open; they think if they shut down the Internet in America that you’ll buy more CDs and DVDs. They want government to pick winners and losers, not just protect rights. OPEN protects rights. SOPA pits one industry against all others.

Kill the bill. Primary the offenders. For those of us thinking of focusing on races other than the Presidential race, that’d be a great project to work on.

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Tech at Night

Wednesday night I put off all Tech at Night topics except for SOPA because the critical mark up votes in Committee were coming up. We weren’t supposed to be able to stop SOPA, but we could at least raise awareness, put up a fight, and prepare for the floor votes. And sure enough, the vote to keep the Internet censorship provisions went in favor of censorship 22-11.

Well, it turns out, we managed to slow the process down. After we made our threats to start working on primary challenges over that 22-11 vote, Lamar Smith put off SOPA, halting the current process until next week at the earliest. Stay sharp, but feel good about this delay. The longer we delay, the more we can gain support for the OPEN Act instead of SOPA.

SOPA opponents Darrell Issa, Zoe Lofgren, Jared Polis, and Jason Chaffetz also deserve credit. Why yes, that list does include a Democrat. Just shows how wrong Lamar Smith is to side with disgraced former Senator Chris Dodd and the MPAA on this. Two men who between them have no clue how the Internet works.

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Nima Jooyandeh facts.