Top story tonight is of course the major win by the triple alliance of George Soros and his front groups like Public Knowledge, Sprint Nextel, and the Obama administration’s dual agency of the FCC and the DoJ. Yes, AT&T has given up on acquiring T-Mobile. I believe they will now have to pay a sizable fee to T-Mobile as compensation.
This is bad news for those who respect property rights and for those who favor competition in the market, as Mike Wendy notes at Media Freedom. AT&T will be short of spectrum, as TechFreedom notes, a key reason competition will be reduced. It’s not just AT&T users hurt; anyone who now would not be interested in switching to AT&T due to inferior 4G LTE rollout now suffers from less leverage in the marketplace. That can only result in sustained high prices for 4G Internet service.
When this news broke I was so mad I could burst. But hours have passed and now I’m just disappointed.
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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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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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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?
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There’s a new story developing. I’ve touched on it now and then, but the pieces are coming together. The FCC temporarily blocked the AT&T/Qualcomm deal to let AT&T buy spectrum using the excuse that they wanted to evaluate it together with the AT&T/T-Mobile deal. Well, the latter deal has been withdrawn from the FCC, so now what’s the hold up?
It turns out that the Obama FCC under Julius Genachowski is looking to change the rules of the game. Genachowski wants to make it harder to for firms to pick up the spectrum they need to serve an ever-growing demand for wireless Internet. He and the FCC are calling it a change to the “spectrum screen.”
Why the timing? Well, it turns out that Democrat commissioner Michael Copps, despite being an ardent supporter of the radical George Soros-driven Media Reform agenda, has spoken out against changing the rules midstream. but it may not matter, as he’s quitting, and his replacement is going through the confirmation process right now in the Senate. Though that replacement may be delayed as Chuck Grassley fights for transparency in the FCC, there are no other obstacles to confirmation foreseen.
So while Copps has made a due process argument against what Genachowski is doing, Genachowski may be counting on Copps’s departure to prevent that from being an issue. With him gone, the Chairman will apparently be free to do what he wants, declaring what the rules will be anytime he wants, picking one set of rules for one company, and another set of rules for another, with nothing to stop him.
Chuck Grassley is fighting for transparency with respect to the FCC and LightSquared. The House Energy and Commerce committee is looking into FCC’s Spectrum Screen treatment. Even FCC Democrats are having to speak up. The FCC is completely out of control, and it’s taking all we’ve got in the Congress just to try to keep up, and to force the Obama administration to submit to oversight and respect the rule of law.
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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.
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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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I’ve basically got three topics for tonight’s edition. It’s sad that two of them are government antitrust actions. I suppose elections do have consequences, and one key consequence of Barack Obama’s election is corporatist selection of winners and losers in the marketplace.
The third main topic: Alleged corruption. I’m still playing the role of skeptic on accusations that the Obama administration is playing favorites in favor of LightSquared, the firm that has been caught in a regulatory quagmire over GPS issues it may have found a workaround for.
I want more 4G competition, but I also welcome Darrell Issa giving the LightSquared/Obama matter some oversight. I’d love to have a clear answer to this question. I can’t support fake competition brought about by corruption. I reject Obama propping up Sprint Nextel and if it turns out that Obama is propping up LightSquared then I reject that as well.
Which brings us to the next topic: AT&T and T-Mobile against the Department of Justice.
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I really can’t wait until the Lulzsec crew learns about the joys of frogmarching. These arrogant punks need to have some sense smacked into them, and felony charges would be a great way to do that.
That, ladies and gentlemen, is how you improve domestic cybersecurity: find the people breaking into servers and take away their liberties under existing US law.
More in security news: Darrell Issa is tracking a Gmail-related attack that hit government officials. But, instead of going after the perpetrators, he too is interrogating the victim. This is unfortunate. We need to round up these criminals and lock them up.
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Good evening. Darrell Issa is stepping up the pressure on the FCC. He wants to tie spectrum reallocation incentives to Net Neutrality repeal. Many of us want to be able to reallocate spectrum from television stations to multipurpose wireless data, since we as a society are demanding more and faster data these days. If Darrell Issa makes the FCC’s ability to facilitate that, contingent on Net Neutrality repeal, then we’re playing a game of chicken. Issa: “Until net neutrality is rolled back, I don’t believe Congress is going to be willing to give the FCC any new power.”
It’s a fair position, and I’m ready to back him.
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