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.
Continue reading »
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.
Continue reading »
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.
Continue reading »
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.
Continue reading »
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.
Continue reading »
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.
Continue reading »
It’s Monday, so it’s time for that weekly self promotion of mine. This week at the Daily Caller I discussed NISO, an information sharing proposal by Dan Lungren that would get government in a role of improving our security online without compromising liberty and innovation.
And now back to SOPA. Now Eric Schmidt realizes we don’t want government to have a huge role online, complaining that SOPA would “criminalize linking and the fundamental structure of the Internet itself.” Yeah, I’d say DNS is part of the fundamental structure of the Internet, and that’s why I support Darrell Issa’s and Ron Wyden’s OPEN Act alternative. They would have us go after infringers abroad rather than attacking the Internet at home.
Jennifer Rubin pointed out that SOPA is overkill, which it is. Effectively undermining the fundamental structures of the Internet just to go after counterfeit handbags and Bittorrent streams of Scary Movie 3? Come on.
Notice how no matter how many people complain about SOPA, it’s always the MPAA with a response? Isn’t that a clue that this bill is being pushed to benefit one specific industry, just a little bit?
Continue reading »
Remember: One of the victims of the joint Sprint/Justice/FCC Triple Alliance against AT&T is T-Mobile itself. T-Mobile has no 4G, no iPhone, and no clear plan for what to do if their right to sell off to AT&T is taken away by the big government wonder team.
Nobody benefits when big government tramples the little guy. Even if FCC is clearly wrong, and it is, the committee’s meddling is a problem at this point. I do hope alternatives can be found that government’s boot can’t crush. The Government in going after these firms is simply trapping the public in the middle. We’re the ones who lose out with lesser competition thanks to this deal potentially being blocked.
Continue reading »
What do AT&T, LightSquared, and the late Super Committee have in common? Spectrum.
AT&T is the big story right now, too. They know the fix is in, with Sprint, Eric Holder, and FCC all ganging up on them as a team effort. The Obama administration is all but running guns to Sprint in this effort. So, the firm is trying to slip the noose by withdrawing its FCC application and warning the FCC that they will get sued if the application is not allowed to be withdrawn.
The only reason not to let AT&T pull back until the DoJ effort is settled is to rig the system, which is why the radicals want FCC to pick that particular fight.
AT&T is also proposing bolder sell offs of T-Mobile assets in order to make this work. The firm has repeatedly shown itself willing to negotiate, even as Barack Obama and his subordinates have stonewalled. Tech Liberation Front calls it ‘magical thinking’ that the FCC has been doing lately.
Continue reading »
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.
Continue reading »