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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Oops. It’s midnight as I type this out. I just remembered I’d better do Tech tonight, so here goes. Fortunately I already did my reading!
Urgent in the Senate this week is the upcoming vote on Net Neutrality repeal, which was already passed by the House. We need 51 votes, not 60. Less Government has a list of Senators to contact with this urgent message: repeal Net Neutrality! Democrats are listed there, but Scott Brown needs to hear from us, too!
The bad Net Neutrality rules are a symptom of greater problems at the FCC and demonstrate a need for greater reform, but we have to start somewhere. Let’s start with repeal.
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Top story is easy to pick tonight. The legislation that’s been known in the Senate as PROTECT IP, the Internet censorship blacklist bill that promises to make a huge power grab online, Communist China-style, has come to the House. They’re calling it by two different names: E-PARASITES and Stopping Online Privacy Act, but by either name it’s just as bad.
Even as the current laws do work, this bill expands government, and puts the government’s thumb firmly on one side of the scales balanced by the DMCA. Current law attempts to provide a balance between the rights of all of us online, and the rights of copyright holders accusing others of infringement. PROTECT IP/E-PARASITES/SOPA would give copyright holders private nuclear options to knock sites offline, and government would enforce it.
No, really, how bad is it? It threatens, Twitter, Facebook, and Youtube, three critical tools used by conservatives and Republicans against this administration, and this House bill would arm this administration against them. It’s insane. It’s just so poorly thought out. PROTECT IP also removes safe harbor concepts critical to the DMCA that gave ISPs reason to be fair to the little guy when pounded on by the big guy. No more, should this pass.
PROTECT IP. SOFA. E-PARASITES. I don’t care what you call it, creating national censorship blacklists to be enforced by law by all ISPs is just a terrible idea. Censorship by its very nature hinders public oversight of that censorship. In fact, some of the first things they censored in Australia’s version were lists of things censored, which meant when the censorship expanded to other topics, any discussion of that was threatened with legal action.
Kill this bill.
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Sorry if you missed Tech at Night on Friday. I was under the weather. But I’m back, and with so much to review.
How about legislation, good and bad? Well, mostly bad.
- Senate Democrats continue to push for senseless regulation of 4G Internet speeds, hindering vital new technology to increase high-speed Internet competition in America. Worse, Democrat Anna Eshoo is piling on in the House.
- Mary Bono Mack continues her push on privacy and security even though I don’t really see a government role in that, at least when it comes to private sector data. High profile cases do not good models make.
- Joe Barton wants to harass Amazon now, once again proving we did the right thing in not letting him head up Energy and Commerce. Seriously: If you’re allying with a Massachusetts Democrat, reconsider.
- When government comes preaching fairness, watch out: the push for a nationally-enforced Internet sales tax continues, which of course is just the first step to a joint state-national sales tax akin to the Canadian Harmonized Sales Tax. It’ll start at just one percent, I’m telling you. “One penny, for the children,” or “for seniors,” or even “for the Global War on Terror.” And then it will grow.
- We’re deeply in debt and running a massive deficit, but it’s time for a new program on “distracted driving”!
- OK, one piece of good news: Kay Bailey Hutchison is pressing the issue in the budget supercommittee of all places. encouraging voluntary incentive auctions of spectrum is great news no matter what the context, as we need all we can get. Giving the D block, previously proven to be unwanted at auction, over to civil defense is also good news, I believe. We learned that on 9/11. Look, I’d be all for auctioning it… if we hadn’t already tried and failed.
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No really, Governor Haslam, you do not want to bring California taxation to Tennessee. Have you seen our unemployment? That’s why we just might defeat it at referendum.
PETA people are hijacking phones, sending malicious messages without consent, and running up text message bills. People need to be careful about what they install, but this sort of thing needs to send people to jail, as well. We don’t need more laws and regulations, we need more enforcement against the bad guys.
How badly do we not need more laws and regulations? Even the Progressive Policy Institute’s Michael Mandel thinks so, calling on the President to lead in the direction of less regulation and pro-growth change.
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It was mentioned in the previous Tech at Night’s comments, but here it is directly: the NAB has come out against incentive auctions to free up spectrum for wireless Internet. I say we should dismiss their concerns. Incentive auctions are voluntary and compensate the original spectrum holders. Rights are respected, as we get a superior spectrum allocation for American needs.
For once, the FCC has the right idea.
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Sorry if you’ve been missing Tech at Night this week. Monday I just ran out of time as I had to do a whole bunch of housekeeping*, and tonight I’m running late. So let’s go.
In classic Tech at Night style, let’s talk about the FCC. They took forever to get the ball rolling on Net Neutrality, but it’s coming now and it’s a vehicle for censorship, says Seton Motley. As he says, “As every place we get our news and information continue their rapid migration to the Internet, Net Neutrality will lord larger and larger over the free market – and our free speech. Which is why we must rid ourselves of it as rapidly as possible.”
More fuel for the FCC reform fire: Free State Foundation points out the FCC has known for years of its problems with the intercarrier compensation system, which is how money changes hands when phone calls are carried across different private phone networks. They knew in 2001. That’s a long time coming. Though if they do tackle it now, we need to watch out for the Universal Service Fund becoming an Internet Tax.
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The cyberterrorist groups Anonymous and its apparent splinter group Lulzsec are getting bold. The latter gang of criminals is attempting to blackmail the United States Government after attacking government networks, which is just insane and I hope will lead to mass arrests. While the former is attacking the Spanish government after arrests made there, and suffering further damage from mass arrests in Turkey.
I hope when the Lulzsec gang gets rolled up, just like Anonymous is getting slammed, that some of them resist. OK, that was a mean thing to say, but it’s how I feel.
Anonymous hub 4chan still refuses to take basic steps to mitigate the groups’ ability to propagandize and recruit, such as requiring account registration or closing down unmoderated sections of the site.
Oh yes, and despite all the above attacks plus one on the IMF, Mary Bono Mack’s answer is to blame the victims instead of rounding up and sending to Gitmo or Alcatraz the perpetrators.
In further news, lots going on at RedState today. Erick Erickson and Dana Rohrabacher are fighting the good fight on the America Invents Act, the Patrick Leahy giveaway that punishes inventors and favors lawyers and patent mills, in an attempt to make us more like Old Europe. I’ve been warning about this bill for a while, so I’m sure glad to see opposition growing.
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Lots to cover tonight, thanks in part to skipping Monday for Memorial Day. But of course I’ll start with my own post on the AT&T/T-Mobile deal, explaining from the ground up why the George Soros/Sprint arguments contradict themselves. Government should get out of the way, especially state governments like California’s getting too big for their britches. It’ll be better for all of us who buy wireless services.
Speaking of states running amok, here’s the bill that tax-and-spend Texans have put the Amazon tax into. Unless I’m mistaken, which is possible since I’m not particularly familiar with Texas inside baseball, SB 1 is being considered in the special session of the legislature. Let’s hope Texas can strip that tax out, after Governor Perry already vetoed it once. Texas needs to be America’s example of small government. Texans: get loud and back up the Governor! Give the Governor a harrumph!
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