Happy Monday. Wait, Monday, good? Well, it was for me. I hadn’t been properly rested in two weeks thanks to CPAC, weekend travel, and catch up work after.
You want to know how desperate the Obama/Reid Democrats are to pass that cybersecurity bill? Janet Napolitano is lying about the ACLU to try to gin up support.
Speaking of lies, Soros-funded radical PIG Free Press apparently lied to Marsha Blackburn. Under oath before the House committee. Oops.
And Google wasn’t exactly ethical when it apparently circumvented people’s privacy settings on Apple iOS as well as Microsoft Internet Explorer.
So much dishonesty, so little time. Fortunately we observed Washington’s Birthday today, so the only other story I’ve got is that China continues to persecute Apple while the “We can’t wait” adminstration… waits.
The big stories this week continue to be LightSquared and cybersecurity. Even as House Democrats complain about government doing too much, incredibly, we see that Senate Democrats are so inflexible that John McCain is in a gang of Republicans to fight the Democrats on the cybersecurity bill. Consider that. That’s how extreme Harry Reid, Joe Lieberman, Jay Rockefeller, and Susan Collins are on this. John McCain is putting together a team to make a Republican bill with Kay Bailey Hutchison and others, rather than sign on with a Democrat on a bill. Danger, Will Robinson! Harry Reid is that much of an extremist!
Reid is rushing to pass it, but details come out anyway, such as an attack on FOIA. Transparency! Not.
Speaking of transparency, the firm that the Barack Obama FCC has remained oddly silent on, and that insists the FCC should remain silent on, is ready to go on the offensive. It almost seems like LightSquared bet the company on this, and will go down swinging. They may end up making a spectrum trade though, which if workable would be interesting.
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I meant to talk about the cybersecurity bill on Monday as it’s a big story. But, it’s gotten even bigger since. You see, a broad spectrum of Republicans is coming out against it. Names like Kay Bailey Hutchison, John McCain, Mike Enzi, Saxby Chambliss, Jeff Sessions, and even Lisa Murkowski are against the crazy Rush Harry Reid and the Democrats are putting on the bill pushed by Joe Lieberman, Jay Rockefeller, and Susan Collins.
And they’re right to oppose it. The case is overblown, and even if they claim the Internet Kill Switch is gone, it’s still a power grab. We’re at the point where Dianne Feinstein is a voice of reason, as she promotes voluntary data sharing, a plan Tech at Night has previously supported when also proposed by Dan Lungren in the House. Yeah, seriously. If you know California political history you know how funny it is that Republican Lungren and Democrat Feinstein now have another thing in common. But I think they’re both right on this. The way we’ll get more secure is to share more data and to prosecute the offenders.
In other major news, the FCC has rejected LightSquared’s proposal to build a terrestrial wireless LTE network.
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Yup, I’m back. And I have roughly a week’s worth of stuff to cover, so let’s go.
Top story seems to be that The Obama/Holder Justice Department has no problem with Google’s vertical integration takeover of Motorola Mobility. Interesting. I also await word on whether Google will drop all aggressive patent lawsuits, as they claim to use patents only defensively.
Some people never learn. Google and Microsoft support the runaway FCC against Republican attempts to constrain the regulators to using clear, consistent, fair rules for spectrum policy. Sure, I understand that some such as Darrell Issa are unhappy about the unlicensed spectrum restrictions, but my view on this bill is mend it, don’t end it. What we do need to end is the ability of the FCC to micromanage industry by managing the FCC in a reasonable and responsible way. Greg Walden’s bill should pass in some form.
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Sometimes, the anarchists lose. Even in leftist Sweden, The Pirate Bay’s founders lost their last appeal. It’s guys like these, who deliberately put up a system for infringing on US copyrights while playing word games to justify it, that motivated SOPA and that drive the desire for a treaty like ACTA.
Google considers its privacy changes a public policy issue as the firm is getting plenty of criticism. This suggests to me they believe the critics won’t actually stop using Google services like Gmail, but will rather try for government regulation.
Considering Google is implementing a censorship plan much like that Twitter recently announced, and yet you don’t really see the same angry protestors saying they’ll quit using Google services in protest, that did a “Twitter blackout,” I think Google’s right that nobody will quit them over any of this. Hey, people: If you don’t like Google, use somebody else. It’s not that hard.
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There’s a lot of fear going around about ACTA, the Anti-Counterfeiting Trade Agreement, a plurilateral agreement under the WTO between the US, the EU, Canada, Australia, New Zealand, Singapore, Japan, South Korea, and Morocco. Some of the fears look real, some don’t. For example, even though it was negotiated in secret, the text is easily available.
Another false complaint is that it’s another SOPA, when in fact such a claim misses the point. SOPA was a bad bill, as it turned out to be a censorship bill that defied due process, but the intent was to fight the problem of free riding on copyright and trademark. Crossing international boundaries has been a cheap and easy way to cash in on another country’s copyright and trademark laws without having to abide by them. SOPA tried to fix that in a crude, rude, and ineffective way. ACTA has more options, and doesn’t have to resort to censorship, necessarily.
I’ve just read the treaty. I don’t really see a problem. Even if infringement isn’t ruining the movies and music, trademark and copyright are Constitutional concepts worthy of protection. That’s why some of the anti-SOPA leaders are promoting their own bill.
The pro-liberty position is not one of anarchy. It’s time to get reasonable protections in place. Maybe I missed something, and ACTA is a problem. But the best argument I see against ACTA is that it only includes a few countries, and not those best known for infringement (such as China, either China in fact). ACTA may yet be harmless but ineffective, as opposed to SOPA being harmful and ineffective.
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Columbus Day winds to a close, a cold slows me down, but Tech at Night marches on somehow. You know what’s also marched on? The New York Stock Exchange’s website. The anarcho-terrorists of Anonymous promised to take that website down (note: just the website, not the actual trading computers). Well, they failed, unless you count a two minute outage as success. Heck, RedState pretty much goes down for about 5 minutes every night, and we’re not even trying.
Speaking of security: in theory I love the idea of government focusing on government Internet security, while leaving the private sector alone. It doesn’t surprise me though if it turns out Obama’s brain trust can’t even do that right. Barack Obama’s disastrous regulatory record doesn’t suggest competence.
Which is why Mary Bono Mack needs to drop her ongoing privacy investigations, because it can only lead to more power for the government online, and that won’t end well.
Remember when I gave a little cheer for the supercommittee’s plans to auction off some spectrum? that plan is getting some criticism from people who want to keep some unlicensed spectrum free. If the spectrum can’t be put to use for high-speed Internet, then maybe it’s not worth bothering. If it can, though, let’s do it.
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What would be a Monday without Democrats wanting to expand government by passing new laws and regulations? Some people aren’t careful with their things and/or their data, so Chuckie Schumer thinks there oughta be a law. I like CTIA’s response to that:
CTIA understands that when consumers have their mobile devices lost or stolen, it is an unfortunate situation as they often contain a lot of personal information. We urge Congress to not impose unnecessary regulations on the wireless industry that would cause unintended consequences.
To prevent your device from being lost or stolen, we recommend the following tips:
- Know and use the security features on your device (e.g. password locks).
- Use the personalization feature and put your name and a different phone number (and/or email address) so if someone finds your device, they can contact you to return it.
- Download an app that allows you to track and lock your wireless devices remotely.
- Keep a back-up of your contacts, calendar, etc somewhere else (e.g. computer).
- Never leave your device so that it can be easily picked up and don’t give your device to a person you don’t know.
- If you are a person who has a tendency to lose things, you may want to consider mobile device insurance. Make sure you know what the insurance plan does and does not cover.
You can’t legislate good sense.
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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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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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