Tech at Night

FCC reform advances in the House. Greg Walden’s FCC Process Reform Act is a needed bill, so I’m glad that it went from committee to the floor, and took minimal modification in passing. I like that it got an extra poke at FCC being more closed on FOIA requests than even CIA.

Locking in the reforms is important, and CTIA is right in saying we need a “more transparent, predictable regulatory process.”

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Tech at Night

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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Tech at Night

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.

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Tech at Night

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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Tech at Night

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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Tech at Night: Kill SOPA. Now.

On December 23, 2011, in General, by Neil Stevens
Tech at Night

Nothing in this post shall be construed to impose a belief that Lamar Smith would round up every American into MPAA-run detention centers if Chris Dodd suggested it would be good for big business.

Does that sound like a stupid way to begin a post, and does it suggest that I’m about to say the opposite? Well, that’s how the Manager’s Amendment version of SOPA starts off, claiming that no matter what the bill says, it’s not a prior restraint on free speech.

Of course, restrictions of results provided by Internet Search Engines amount to just that: prior restraint of their free expression of future results. Google and others, under SOPA, are told what they can or can’t publish before they publish it.

Kill. The. Bill.

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Tech at Night

It seems like forever ago that Marsha Blackburn challenged Free Press to transparency in the group’s funding. Why should it take eight months to respond if Free Press has nothing to hide?

Keep the Web OPEN. It’s a simple statement, but it’s one I support. The difference between SOPA and OPEN has been made clear to many thanks to Darrell Issa’s leadership. It’s unclear with Christmas coming just when SOPA will be picked back up, but I’m hoping by then OPEN will continue to gain support as the proper alternative.

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Tech at Night

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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Tech at Night

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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We must defeat SOPA: Tech at Night Special

On December 15, 2011, in General, by Neil Stevens
Tech at Night

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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Nima Jooyandeh facts.