Tech at Night

Lamar Smith, Chairman of the House Judiciary Committee, is using his committee to further his bill, SOPA. SOPA is very bad. It threatens due process and prior restraint of speech as it censors the Internet, and risks putting Internet-based business out of business.

Darrell Issa is leading House efforts to oppose SOPA. He’s on the Judiciary Committee, but he’s not in charge. However he does head the Oversight Committee. So guess what? Oversight is looking into the effects of DNS filtering, which is one of the more egregious provisions of SOPA. Nice play, Mr. Issa.

I love it when a conservative gets clever, because I hate that Republicans are looking to give more tools to the already out of control Obama regulators.

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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

It seems like forever ago that Marsha Blackburn challenged Free Press to transparency in the group’s funding. Why should it take eight months to respond if Free Press has nothing to hide?

Keep the Web OPEN. It’s a simple statement, but it’s one I support. The difference between SOPA and OPEN has been made clear to many thanks to Darrell Issa’s leadership. It’s unclear with Christmas coming just when SOPA will be picked back up, but I’m hoping by then OPEN will continue to gain support as the proper alternative.

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We must defeat SOPA: Tech at Night Special

On December 15, 2011, in General, by Neil Stevens
Tech at Night

Ordinarily I use Tech at Night to cover a variety of topics that come my way, and I have them in my queue for tonight. But with over 30 items to consider and integrate, most of them on SOPA, I’m shelving the rest for Friday, and discussing just one topic tonight: We must defeat SOPA in the House. It is entirely unacceptable, and I believe worthy of primary challenges, for any Republican to back this bill. I’m going to make a list, and I’m going to make noise about this. I hope you do, too.

SOPA is the Stopping Online Piracy Act, the House’s counterpart to the Senate PROTECT IP act. SOPA contains a grab bag of provisions intended to stop copyright, trademark, and patent infringements abroad, but Title I of the bill is intolerable, fails to achieve its goals, and creates a massive power grab online for this man by applying unaccountable censorship and regulation to Americans on the Internet.

That’s right. Eric Holder has been dreaming of censoring the Internet since 1999, and House Republicans are thinking of giving him that power. At the time, the crisis that was the excuse for this censorship attempt was the murder plot at Columbine High School in Colorado. Now the excuse is that kiddies online are downloading Scary Movie 3, and buying fake hand bags. Give me a break.

Copyrights, trademarks, and patents matter. If we have a way to protect them from foreign attacks without overstepping our bounds, we should consider doing it. SOPA is not that way to do it. Watch any Republican who dares vote for this garbage, voting to put Hollywood over us, to give Eric Holder the power to bend over backward for Barack Obama’s Hollywood donors over the interests of everyone with a job created thanks to the Internet.

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Tech at Night

Some government mistakes slip by with only a few of us shouting about them. The Stop Online Piracy Act, or SOPA, is not one of those. People across the Internet are getting loud against the House bill and its Senate counterpart PROTECT IP, the one I’ve been yelling about for months, but many businesses are supporting.

Yes, I’m going to be that guy, saying I was into the band before you ever heard of him. But, instead of being disappointed that the band’s gone mainstream, I’m glad we’re now at the point where Darrell Issa is changing his Twitter avatar in protest of the bill.

The bill has serious problems. As I previously warned it tampers with the delicate balance of interests present in the DMCA, but on top of that Title I is nothing but a framework for censorship in America that can and is designed to be triggered not through judicial trials, but through mere injunctions. And further, if an ISP or other targeted company cannot technically or economically manage to comply with the government’s orders to censor, the burden of proof is on the ISP to show that as an “affirmative defense.”

This bill goes too far. Kill it. Issa says he will introduce his alternative. I hope it follows the model of the UIGEA: cut off funding to lawbreakers. Censorship is not needed.

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Tech at Night

Censorship’s the big word right now. The FCC’s under pressure to ban pro sports blackouts, and the Supreme Court may end national profanity rules. However I consider those things small. Few people have access to television broadcasts. Most of us aren’t actually censored by these regulations.

We all have access to the Internet though; that’s how a nobody like me is able to shape the debate against well-funded leftist groups. So I’ll freely admit it: It’s a self-serving thing for me to oppose Internet censorship. I don’t want the Obama administration to have the power to collaborate with private leftist groups to steal people’s domains, and force all ISPs to cooperate with that effective creation of a national censorship blacklist.

They want to call the little guys “E-PARASITES,” using copyright as cover to censor whatever the heck they want. Because once you let the government start blanking out parts of the Internet, then what’s to stop them from blanking out oversight of that censorship? Nothing. Just ask Australia, which censored the internet “for the children,” but then started banning oversight of the censorship, as well as unrelated content like American anti-abortion websites.

The committee vote on SOPA / E-PARASITES is coming, and I’m hearing that the witness list for the bill is stacked 5-1 in favor of the bill. In the Republican House, we’re rigging the hearings in favor of giving the President more regulatory power over the Internet. It boggles the mind. Please consider contacting the Judiciary Committee and asking them to oppose this censorship power grab.

If the US Government starts monkeying around with DNS, the world will ignore it, the same way we ignore Chinese attempts to censor the Internet. We will lose our position as world leader of the Internet overnight.

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Tech at Night

It turns out it’s not just a few of us on the right who know Tech at Night exists. Gigi Sohn says Tech at Night shapes the debate along with good old Less Government.

Of course, Sohn also told a lie about me and claimed AT&T pays me, but… that’s the head of a Soros-funded group for you. Media Marxists and all that.

Something I did not know: Millions of Americans are getting subsidized wireless. And gee, they’re using it to replace home phones rather than as a mere supplement, draining money from the government right to Sprint. But we’re supposed to think they’re the victims of unfair competition. Right.

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Tech at Night

There’s been a push lately to attack punitive, unfair taxes on wireless service, one that Erick Erickson signed onto, and was advertised at RedState. Ironically I only found out about it because I saw the ads while working on the code side of the site, but that’s how it goes sometimes. Anyway, that movement seems to have gotten a win, as the House passed the Wireless Tax Fairness Act, a 5 year freeze on new wireless taxes. Sounds good to me.

SOPA, the House answer to the Senate’s PROTECT IP, isn’t dead yet, unfortunately. This attempt to have the US government censor the Internet, and in fact forcibly steal domains from people, and cut off Americans from the rest of the world online, incredibly is being considered by House Republicans. Copyright apparently is sufficient justification for government of unlimited size. Kill the bill.

And what’s worse is that Republicans are being dragged along as dupes to help Democrats continue to justify huge Hollywood fundraisers by smacking the Internet around to favor the movie industry. Which is probably why the MPAA is trying to stifle criticism of the bill. Kill the bill.

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Tech at Night

Top story is easy to pick tonight. The legislation that’s been known in the Senate as PROTECT IP, the Internet censorship blacklist bill that promises to make a huge power grab online, Communist China-style, has come to the House. They’re calling it by two different names: E-PARASITES and Stopping Online Privacy Act, but by either name it’s just as bad.

Even as the current laws do work, this bill expands government, and puts the government’s thumb firmly on one side of the scales balanced by the DMCA. Current law attempts to provide a balance between the rights of all of us online, and the rights of copyright holders accusing others of infringement. PROTECT IP/E-PARASITES/SOPA would give copyright holders private nuclear options to knock sites offline, and government would enforce it.

No, really, how bad is it? It threatens, Twitter, Facebook, and Youtube, three critical tools used by conservatives and Republicans against this administration, and this House bill would arm this administration against them. It’s insane. It’s just so poorly thought out. PROTECT IP also removes safe harbor concepts critical to the DMCA that gave ISPs reason to be fair to the little guy when pounded on by the big guy. No more, should this pass.

PROTECT IP. SOFA. E-PARASITES. I don’t care what you call it, creating national censorship blacklists to be enforced by law by all ISPs is just a terrible idea. Censorship by its very nature hinders public oversight of that censorship. In fact, some of the first things they censored in Australia’s version were lists of things censored, which meant when the censorship expanded to other topics, any discussion of that was threatened with legal action.

Kill this bill.

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Tech at Night

Oh for crying out loud. For all that Washington talks tough about getting Americans access to high speed Internet, the “supercommittee” wants to tax new spectrum licensees. That’s just what we need: make it more expensive to build out America’s wireless infrastructure in order to pay for the President and his Cabinet to hand out money to their friends and political supporters. Isn’t that special? Here’s a joint letter against it from a number of industry groups.

Then you’ve got Dick Blumenthal, Al Franken, and Amy Klobuchar, leading the charge for the Democrat-controlled Senate that hasn’t passed a budget in 900 days, but wants to get government involved on what can or can’t be called 4G wireless Internet. Great prioritization here.

Spectrum’s important, though. Merely having access to a solid Internet connection lets Americans ave lots of money every year. Not just from being able to buy online, but also from gathering information, and simply from being able to stay at home. IIA did the math and American families each can save thousands of dollars a year online. And we’re busy regulating, taxing, and harassing firms like Google and AT&T, instead of getting government out of the way of investment. Yes, I’m frustrated.

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Nima Jooyandeh facts.