There’s a lot of fear going around about ACTA, the Anti-Counterfeiting Trade Agreement, a plurilateral agreement under the WTO between the US, the EU, Canada, Australia, New Zealand, Singapore, Japan, South Korea, and Morocco. Some of the fears look real, some don’t. For example, even though it was negotiated in secret, the text is easily available.
Another false complaint is that it’s another SOPA, when in fact such a claim misses the point. SOPA was a bad bill, as it turned out to be a censorship bill that defied due process, but the intent was to fight the problem of free riding on copyright and trademark. Crossing international boundaries has been a cheap and easy way to cash in on another country’s copyright and trademark laws without having to abide by them. SOPA tried to fix that in a crude, rude, and ineffective way. ACTA has more options, and doesn’t have to resort to censorship, necessarily.
I’ve just read the treaty. I don’t really see a problem. Even if infringement isn’t ruining the movies and music, trademark and copyright are Constitutional concepts worthy of protection. That’s why some of the anti-SOPA leaders are promoting their own bill.
The pro-liberty position is not one of anarchy. It’s time to get reasonable protections in place. Maybe I missed something, and ACTA is a problem. But the best argument I see against ACTA is that it only includes a few countries, and not those best known for infringement (such as China, either China in fact). ACTA may yet be harmless but ineffective, as opposed to SOPA being harmful and ineffective.
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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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Wireless competition continues to grow, as Cricket edges closer to 4G LTE. I’m losing track of how many 4G providers we’re starting to rack up. So yes, the people who tell you smaller and regional carriers are not an acceptable substitute for national carriers? They’re selling you something.
That something is an attack on federalism via the Sprint/Soros/Obama/Holder attack on AT&T and the rights of T-Mobile shareholders.
Which is why it’s bad news that these coordinated lawsuits are continuing. It’s ridiculous: both C Spire and Sprint are in better shape than iPhone-less T-Mobile.
At least there’s good news in new and continuing Republican efforts against previous power grabs.
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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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Regulation, Regulation, Regulation. We’re faced with it, and now the regulators are going Presidential on us and claiming executive privilege at the FCC. You want to know how they’re coming up with their marching orders for America? Too bad. Just ask watchdog StimulatingBroadband.com.
You want a laugh? George Soros-funded front group Free Press is suing the FCC… because Net Neutrality isn’t enough of a power grab. Incredible.
Jay Rockefeller is defending Net Neutrality, meanwhile, against Kay Bailey Hutchison’s withering attacks, and push for a Congressional Review Act repeal of the regulations.
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Up late tonight. Spent the better part of the last 8 hours setting up my new computer*. Lots of data to transfer around and all that. But fortunately there aren’t many new developments lately to talk about, so let’s go.
I’m going to start with LightSquared. Out of the blue, it’s been repeatedly claimed that LightSquared is “the next Solyndra,” and that some nebulous form of corruption is somehow benefiting the company. Is it possible? Certainly. But I’d like to see some proof that LightSquared received actual benefits from the Obama administration, as Solyndra got free money from the government in the form of loan guarantees.
No, I won’t accept proof that Barack Obama is a bad guy as proof that LightSquared had something going on. I’m playing the role of skeptic on this particular issue, because I don’t want it to be true. I want America to get more spectrum used for 4G wireless Internet, and I want us to have more national networks supplying 4G wireless Interent. LightSquared coming online would give us both, as LightSquared CEO Sanjiv Ahuja has said.
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November 20. That’s the day the Obama administration has chosen to regulate the Internet after what even The Hill calls “a partisan vote” at the FCC to pass the Net Neutrality regulations. I’m hoping Verizon and/or MetroPCS will sue and win a stay before that date, though I don’t know how likely that is for a court to act that strongly.
I’ve said much about the House and its strong opposition to Barack Obama’s regulatory overreach, but Senators are unhappy as well. Kay Bailey Hutchison is ready to fight. It looks like she will push to get the Senate to go forward with using the Congressional Review Act, as the House already did, to repeal Net Neutrality.
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Some people stay up late on December 31. I don’t intend to, Friday and New Year’s Eve or not. Boring, yes, I know. But until I switch to decaf coffee my sleeping habits are going to be a wreck, so I’ll just have to ride it out. And that means I want to get going right away with tonight’s stories.
Republicans are getting very loud on regulatory issues, both with the FCC and with the EPA. Fred Upton is ginning up support in Michigan for his planned House efforts to challenge EPA regulatory power grabs with respect to Carbon Dioxide, efforts that will surely influence the FCC and Net Neutrality. In addition, on Sunday morning at 9am Eastern he’s scheduled to speak with Chris Wallace on Fox, with repeats on Fox News Channel at 2 and 6pm Eastern. I am so glad he’s going out there and preparing to lead on regulatory issues.
Kay Bailey Hutchison has also called the FCC “wrong” on Net Neutrality, and is hoping to be able to get some sort of action through a Democrat controlled Senate. It won’t be easy, as she points out, but it could happen if we can swing enough Democrats to see the truth about the FCC power grab.
She also doesn’t rule out defunding the FCC’s Net Neutrality plans, a way of stopping the regulations that the President cannot veto.
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Earlier this week I mentioned a story at Safe Libraries exposing American Library Association astroturf promoting the radical Free Press agenda on Net Neutrality. Now, the ALA does not come into this debate with clean hands. The ALA has taken stands before, notably to protect terrorists from being caught by the FBI. But now they’re getting aggressive.
On the heels of this story about ALA astroturfing on Wikipedia, the ALA is attempting retaliation. They are attempting to block the Safe Libraries author from having any further access to edit Wikipedia unless his article is censored. Quoth Safe Libraries:
As a result of the publication of this blog post, apparent ALA supporters, if not ALA members or the OIF itself, have initiated action at Wikipedia that resulting in efforts to stop my editing there or to have me remove this blog post. Self-censorship, as the ALA would call it. At this moment, I have been indefinitely blocked from editing, likely in part because I have not removed this blog post.
The ALA will defend the “civil rights” of terrorists, but will silence anyone questioning the activities of the ALA. How convenient.
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I’ve been saying lately that the likely Net Neutrality outcome wouldn’t be bad at all, that we’d get a compromise that disappoints the radical left far more than it disappoints us. But it’s not a done deal. We’ve got to keep the pressure up, both as activists and through the incoming Republican majority in the House. The FCC must respect the 2010 elections and their consequences.
So we need to ask: Why isn’t the FCC even talking to the key ranking members of the relevant committees: Kay Bailey Hutchison and Joe Barton? Joe Barton and Cliff Stearns even sent the FCC a letter asking them to explain where in the law they get their authority to do what they’re planning. Why are Republicans being ignored and dismissed?
Do we have to threaten to defund come next year to get anywhere? If the FCC won’t work with Republicans then I don’t see how Republicans won’t have to play hardball in return and work actively to disrupt the FCC’s ability to do anything at all. So the FCC desperately needs to work with Republicans instead of letting the far left fringe be the swing vote in all of this.
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