Much to cover, and less time to cover it in! So many important things I don’t even know what to hit first. So, I’ll be biased and hit what I found out about from RedState. Google and the NLRB teamed up to promote unionization, with Google providing free ad space.
That’s a problem for three reasons. First, the NLRB is supposed to be the impartial arbiter of disputes between unions and employers. For the NLRB to promote unionization is to tip its hand as being a tool of one side: the unions. Second, Google isn’t even unionized. Third, and the undoing of the scheme: The NLRB, like the rest of the government, is prohibited by law from accepting free goods or services. If it weren’t for that, they’d all have continued to get away with it as they have since 2008. What a technicality.
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Good evening, I wrote in my best Alfred Hitchcock impression. Top story as we go into the weekend: our friendly neighborhood House Republicans are pressing on with their oversight of the FCC and Net Neutrality in particular. The resolution disapproving of Net Neutrality is postponed, but instead we’re getting pressure on the FCC to justify its actions economically. Good on Greg Walden, Fred Upton, and Lee Terry!
Meanwhile, up in Vermont, we’ve got a case study going on demonstrating why we don’t want industrial policy in the volatile, constantly innovating telecommunications world. Government grants to favored firms tend to favor those firms and their investors, not the people intended to get the help. Vermont is trying to pump government money into Universal Access, and failing. Let’s not repeat that nationally, please.
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Welcome to the remarkably early Tech at Night tonight. When I have my initial preparation done by 6pm, I’m not going to stay up until midnight to do the actual writing. Not gonna do it. Wouldn’t be prudent.
We start with some mild bad news: the resolution disapproving of Net Neutrality has been delayed. Fred Upton is getting recognition for his active work challenging the Obama administration on its overreaches, and Greg Walden’s subcommittee seems to be following suit nicely, but we will have to wait on this one particular vote.
The Democrats are definitely worried, though. Apparently it’s a bad thing that the FCC’s ability to act ahead of the Congress. Haven’t these Democrats ever heard of actually passing legislation to deal with new challenges?
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And now I really push the definition of Tech at Night, starting to write this at 2am. I’d originally planned to skip tonight’s edition, and instead just sleep. But I woke up, and sleep isn’t returning anytime soon, so let’s make the rounds of tech and policy.
Some Democrats still haven’t learned the lesson of the PCCC. The far left alternative to the DCCC published a Net Neutrality pledge for Democrats to sign. Every Democrat who signed it lost in November. Yet some Democrats continue to press that extremist agenda. It shows just how of touch Harry Reid’s Senate really is.
Possibly more importantly, the drive for the Internet Tax (which again, they call Universal Service Fund reform) continues from the left. The New York Times came out for it, and a group called Consumer Federation of America is even targeting Netflix specifically for an Internet tax. Watch out.
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On Monday I did the first half of my catchup work. Now we’ll do the second half. And one of the big issues coming up is copyright. Over the last thirty years, copyright in America has been radically reformed. While traditionally it worked as patents still do work, as a temporary grant of monopoly enforceable in civil courts, we’ve gradually moved them into the realm of criminal law enforced indefinitely. And I believe we’re gone too far in that direction.
So when I hear about the COICA, a new copyright and counterfeiting law promoted by the Obama administration, I’m concerned. At a fundamental level, the COICA would give too much power to government to solve a problem that doesn’t actually exist. No, copyright is not at serious risk in America today. It is simply certain business models that are failing, and it is not the place of government to try to prop them up.
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Remember when the Communication Workers of America backed Net Neutrality in the mildest way possible, despite the fact that it risked killing CWA jobs? Well here’s their payoff: CWA is all-in for the Internet Tax.
Of course, the left isn’t calling it the Internet Tax. Instead it’s “Universal Service Fund reform,” by which they mean finding a way to get more money into the so-called Universal Service Fund for rural phone access, then spend that money on state-run Internet access. How will they get that money? With “contributions” of course, by which FCC Chairman Julius Genachowski actually means USF taxes.
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Net Neutrality is taking a real pounding this week. The Heritage Foundation has come out shooting, calling for a major rollback in the FCC’s authority, including repealing Net Neutrality legislatively. Also, The US Chamber of Commerce is calling upon the FCC to be held to the President’s standards for regulatory review, which would certainly put Net Neutrality at risk.
But its supporters press on. Even as GoGo Inflight Internet offers non-neutral Free Facebook access (just wait until the radicals start telling us that free stuff is bad!), Andrew McLaughlin says the Egypt situation proves the need for state control of the Internet through Net Neutrality. Try to figure that one out. I sure hope Vint Cerf didn’t feed him that line. He has a reputation.
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Wow, my Tech at Night graphic is now out of date. I was already late to the iPhone 4 party because of the iPad and because I had waited for the legendary White iPhone 4. But now that I have an iPhone 4, having the 3GS in the graphic seems wrong somehow. Time for a new one if I get a good idea. Comments welcome.
Anyway, I want to be very clear about the Internet Kill Switch plan. The plan by Susan Collins and Joe Lieberman has now passed the Democrat-controlled Senate Committee claims to be a grand venture for “Cybersecurity,” but the plain fact is the plan as written is unworkable as a security venture, but only works as a tool to let the government control or even destroy the internet.
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I don’t want to go the full Jim Anchower on you all, but the end of the week has been a bit rough on my end. My Internet connection is going full on Neutral on me, by which I mean it’s been going offline as much as it’s online, including a big 8 hours of full downtime at one point. If it weren’t for my new iPhone 4 I’d be even worse off.
Maybe I should be like Netflix, who continues to ride the Net Neutrality fad to get its own subsidies. Yes, Netflix now wants all of us, everyone who pays for Internet access at home, to subsidize Netflix users. Hey, that’s good for me, since I’m a subscriber and even dropped to Internet-only as soon as it was available, but I wouldn’t feel right supporting it.
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The big story as we close out this week is Verizon appealing the FCC’s Net Neutrality order. Verizon is choosing to go back to the DC Circuit Court of Appeals, the site of the last Net Neutrality legal fight. That was the Comcast v FCC case, lost by the FCC because the FCC simply doesn’t have the legal authority to do it. Some say it could set up the FCC for another loss for Net Neutrality II to be fought out there.
In fact, Verizon is doing all it can to get this decided the right way. Verizon is arguing the DC Circuit is the only place this should be resolved, on the grounds that the FCC is essentially modifying Verizon’s wireless spectrum licenses. Clever. Also interesting is the request that the Comcast v. FCC panel be assigned to this appeal, on the grounds that the judges involved won’t have to waste time getting up to speed on the issues. A friend told me Verizon had some clever lawyering going on with this. Not being especially familiar with regulatory litigation, or even a lawyer at all, my ability to judge that is limited, but what I’m reading suggests it’s true.
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