Tech at Night

Am I tired of expressing dissatisfaction with the Obama FCC and other government intrusions? Never!

Al Franken is setting up an unfalsifiable rationale for government action against Verizon and Comcast. Gotta love that, eh?

I’m sure he, the FCC, or both will try to overturn the courts who say bundling is not anticompetitive. I like bundling. It saves me money when I’m buying both things anyway. Then again, I like choices in the marketplace.

Why we want FCC subsidizing tablet makers though, I have no idea.

Chuck Grassley’s threat seems to be working at least, as FCC starts to break down on LightSquared transparency, a necessary step toward being able to confirm the President’s new appointees to the commission.

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Tech at Night

Previously on Tech at Night I linked to a story that suggested there was a split between Darrell Issa and Chuck Grassley on FCC transparency. It turns out the story I relied on, had it wrong. Oversight wasn’t grading transparency itself; the committee was grading the management of FOIA requests, and FCC did relatively well by having established processes for dealing with FOIA. and tracking the requests in a systematic way.

The Oversight committee was not saying that the FCC is open. Because, in fact as pointed out by Mario Diaz-Balart, FCC rejects more FOIA requests than CIA, amazingly enough. That’s a serious transparency problem.

Speaking of transparency, Eric Cantor is soliciting citizen co-sponsorship of the DATA Act which would try to get more data about government out into the open, where the public can apply oversight.

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Tech at Night

The House is doing anything but shirking its responsibility to apply oversight to the Obama administration. The FCC in particular is getting the attention it needs. “Regulatory hubris” in picking winners and losers is part of the problem, says Commissioner Robert McDowell. He should know, as he’s on the inside.

Darrell Issa and Chuck Grassley disagree on the FCC’s transparency though. Issa gives them a good grade, oddly enough, even as they continue to stonewall Grassley.

And so it’s good that Jo Ann Emerson questions the FCC’s hypocritical and questionable demand for senseless record keeping in others.

Though it’d be nice if somebody asked “Senator” Wendy’s questions about Free Press, in relation to the FCC.

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Tech at Night

The FCC may yet get what’s coming to it. It’s been going out of its way to get headlines as it tries to pick winners and losers in industry, but now the attention is coming from the House as the Appropriations Committee will discuss the FCC’s budget. Prepare for hysterical shouting on the order of the SimCity 2000 Transportation advisor if the Republicans threaten to cut funding.

Also, we’re back to discussing the Marketplace Fairness Act. As we’ve discussed before, this is a bill that would give Congressional approval to an interstate compact between the states to collect sales tax across state lines, requires member states to harmonize their tax rules to fit in with the interstate system. The bill is gaining Congressional support this time around. In theory I’m fine with this. It’s Constitutional and it’s reasonable. I disagree with Overstock.com’s complaints of complexity, because the compact imposes restrictions on the way the states can tax items, and also creates mechanisms to ease collection of the taxes.

All I would ask is that we get some safeguards in that make it impossible to include any sort of national sales tax in the system. We don’t want Canada-style taxation through the back door.

Also, Tech at Night is sending a raspberry to Rick Santorum for his Internet censorship plans. Are there legitimate social reasons to restrict pornography? Yes, just like there are legitimate social reasons to restrict alcohol. But regulating vice is not a Constitutional role of the national government. Keep it local, I say. If we can have dry counties then we can have clean counties. But the last thing we want is to empower the next Eric Holder to regulate Internet content, thank you very much.

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Tech at Night

Apologies, but I’m going to be a bit brief tonight. I have a lot going on this week, and starting Tech at Night at midnight my time just isn’t good. Sorry!

Chuck Grassley’s continuing the fight against the runaway FCC, leaving open the option of continuing after initial investigations. Good on him. Don’t foreclose options needlessly.

But even as Republicans attempt to keep government from being a problem, the administration is trying to keep pesky job creation from popping up. Merger review has become a monster. So have the ever-multiplying facets of spectrum review.

The more the administration does, the more we need Congressional oversight.

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Tech at Night

I know, I know. The way that broadcasts travel across state lines, it’s important that some sort of national control step in, because the states can’t do it. But the way the Obama FCC operates, sometimes I wonder if it’s worth all the trouble.

Instead of working to ensure we have the spectrum we need allocated to the purposes we want, The Obama FCC constantly works as a roadblock, earlier against AT&T, and now against Verizon.

This same FCC is also, with apparently no objection from the President, actively and openly stonewalling Chuck Grassley and the Senate in attempts at applying reasonable oversight to the committee.

The FCC has too many secrets and tries to make too many decisions over the private sector. We have to fix this.

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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

Special Tuesday edition! Having been very busy hitting a launch window for a client, I had to skip Friday and Monday. So to make up for it, this week I start on Tuesday.

Riddle me this: FCC refuses to be transparent about its dealings with LightSquared (who by the way just changed CEOs, as the firm continues to flail desperately in response to the FCC’s LTE refusal), but FCC wants broadcasters to put files online. I’m with Richard Burr: Let’s look closer at that plan before we let FCC go ahead with it.

And speaking of the un-transparent FCC, Democrats are trying to talk down Chuck Grassley over his insistence on transparency, but have no fear: the House is now on the case.

The insistence by both the FCC and by LightSquared that no information be turned over to Chuck Grassley is itself suspicious. More investigation is essential.

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Tech at Night

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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Nima Jooyandeh facts.