Monday night, as promised, we still have some catch up work to do. So let’s start with those Amazon Taxes, those Internet sales taxes of dubious Constitutionality. Colorado’s got tossed in federal court and Illinois’s didn’t raise any money. Obeying the Constitution counts, folks. Pass a true interstate compact through the Congress first.
Also as promised, there’s the matter of the Next Generation Television Marketplace Act. This is the one where ACU has come out against Jim DeMint, and that caught my attention. I have to side with the bill DeMint is sponsoring. I think ACU simply misunderstood what’s at stake here and had good intentions, but the excessive complexity of the regulations defeated them here.
The bill does not let cable providers become free riders, retransmitting others’ streams for free. It just stops the law from trying to dictate the parameters of the negotiations on retransmissions. I see no harm in that, and potentially much good.
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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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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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Good news? I had a great Pastrami Burger tonight from a place called The Hat. Seriously: the pastrami itself is great, and I’ll probably go for the Pastrami Dip next time. Bad news? It was a busy evening and now I’m tired. The good news that wins out? Not much to cover tonight, so let’s go.
In France it’s illegal to give away free maps. Yes, Google is reportedly having to pay €500,000 because a French cartographer didn’t like the competition. Insane.
Reminds me of one of the times Rick Santorum made a point to stand up for big government: when he tried to get government out of the business of providing “free” taxpayer-funded competition to private weather services.
Of course, Google’s free services are under fire in the US, too, so we can’t get too smug yet.
The push for a sales tax compact marches on. I still say it needs more safeguards against ever-higher taxes, double taxes, a national sales tax, and other forms of expansion.
And yes, Republican FCC reform plans are pro-growth by checking the runaway FCC.
So, Erick Erickson decided to make a big push against SOPA today, again bringing out the primary threat card. I also had a post on SOPA and PROTECT IP today.
We were heard. On the House side, Speaker John Boehner echoed Majority Leader Eric Cantor, and said the committee needs to find consensus before the bill can get a vote. And again, conservatives like Darrell Issa, Justin Amash, and Jason Chaffetz aren’t going to lie down and quit. So as long as Boehner and Cantor are true to their words, SOPA is dead in the House this Congress.
On the Senate side, of the 16 Republicans co-sponsoring PROTECT IP, I’ve received word of six of them changing their minds. Kelly Ayotte, Roy Blunt, John Boozman, Chuck Grassley, Orrin Hatch, and Marco Rubio are dropping their support. Moe was keeping track, but I think Ayotte flipped after the posted.
The threat of electoral consequences is all a politician will listen to. Democrats know that the online left won’t lift a finger, so Democrats are still backing SOPA and PROTECT IP, much to Markos Moulitsas’s disappointment. We stood on principle, while Daily Kos just whined. We got results, he got blown off.
Erick even tried to make this a bipartisan thing, where both sides would primary the SOPA and PROTECT IP supporters, but he got crickets.
Lamar Smith remains primary target number one though, as he does his best impression of the Saddam Hussein Ministry of Propaganda. The Allies are not in Iraq! SOPA is still in control of the country! It’s all lies! Also, Lamar Smith is himself an E-PARASITE. Will he resign and report to prison?
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Lamar Smith, Chairman of the House Judiciary Committee, is using his committee to further his bill, SOPA. SOPA is very bad. It threatens due process and prior restraint of speech as it censors the Internet, and risks putting Internet-based business out of business.
Darrell Issa is leading House efforts to oppose SOPA. He’s on the Judiciary Committee, but he’s not in charge. However he does head the Oversight Committee. So guess what? Oversight is looking into the effects of DNS filtering, which is one of the more egregious provisions of SOPA. Nice play, Mr. Issa.
I love it when a conservative gets clever, because I hate that Republicans are looking to give more tools to the already out of control Obama regulators.
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Internet access is not a human right. It’s not me saying that, either. It’s Vint Cerf, Google’s Internet Evangelist.
ESA May be backing SOPA, but we’re seeing developers themselves such as Curt Schilling’s 38 Studios come out against it. But support for the OPEN Act is growing, as it protects American rights without trying to censor the Internet or impose destructive burdens on Americans online.
Defeat SOPA. Pass OPEN. Everyone wins. Even if the RIAA and MPAA think they’d benefit from government picking winners and losers.
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Why can’t the news come in even intervals, instead of batching up all at once?
So yes, the Senate Net Neutrality vote is coming up. Credit where it’s due: Kay Bailey Hutchison moved the ball forward on this, no doubt about it. Credit also to Marco Rubio making headlines with his strong support of the repeal.
And Rubio is right: the whole thing is ridiculous. This regulation closes; it does not open the Internet. Which is why Obama is threatening a veto: can’t have the Congress undoing a regulatory power grab, can we? The representatives of the people, what do they know?
Don’t forget to tell your Senators, especially if they’re Democrats or Scott Brown, to vote for the 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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