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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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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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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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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Happy Friday. We’ll start off this edition with Marsha Blackburn’s own post at RedState. There’s a reason I would like to see her rise higher on Energy and Commerce: she knows her stuff and is a fierce proponent of conservative values. I agree with her: government is not the solution to the privacy problem.
I don’t agree with Joe Barton, whose plans for heavy-handed regulation make me glad he didn’t get the chairmanship. “There oughta be a law” is no way for a Member of Congress to think.
As frustrating to me as Barton is Lamar Smith’s plans to push yet another bad Patrick Leahy bill, PROTECT IP, through Judiciary. I’ve covered that bill in this space extensively. We don’t need, and can’t benefit from, a national censorship blacklist online. The guilty won’t be affected much and only the innocent will work. It’s like gun control, up to and including the unconstitutionality.
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Once upon a time I used to be sleep at midnight. Of course, if I’d buckle down and get Tech at Night out the door a few hours earlier, then I’d be able to be asleep right now at midnight, I suppose. Regardless, here we go.
The FCC’s Net Neutrality vote is still on for the 21st, that is, Tuesday. Of course they’d miss the regular Tech at Night schedule after all of this. The FCC couldn’t make it easy on me, oh no. The good news though is that by now the storyline is that Republicans think the FCC is going too far, most Democrats are ready to move the heck on already, and radical Democrats think the FCC doesn’t go too far enough.
If the FCC were to try something radical, it’s clear the courts would have none of it, just as in Comcast v. FCC which started this whole mess. But that will take time and will scare off investment. Who benefits from an underinvested Internet? Nobody. So we’ve just got to push for the lightest possible touch from the FCC, but remind them that Fred Upton and company are waiting in case they try a fast one.
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