And now I really push the definition of Tech at Night, starting to write this at 2am. I’d originally planned to skip tonight’s edition, and instead just sleep. But I woke up, and sleep isn’t returning anytime soon, so let’s make the rounds of tech and policy.
Some Democrats still haven’t learned the lesson of the PCCC. The far left alternative to the DCCC published a Net Neutrality pledge for Democrats to sign. Every Democrat who signed it lost in November. Yet some Democrats continue to press that extremist agenda. It shows just how of touch Harry Reid’s Senate really is.
Possibly more importantly, the drive for the Internet Tax (which again, they call Universal Service Fund reform) continues from the left. The New York Times came out for it, and a group called Consumer Federation of America is even targeting Netflix specifically for an Internet tax. Watch out.
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On Monday I did the first half of my catchup work. Now we’ll do the second half. And one of the big issues coming up is copyright. Over the last thirty years, copyright in America has been radically reformed. While traditionally it worked as patents still do work, as a temporary grant of monopoly enforceable in civil courts, we’ve gradually moved them into the realm of criminal law enforced indefinitely. And I believe we’re gone too far in that direction.
So when I hear about the COICA, a new copyright and counterfeiting law promoted by the Obama administration, I’m concerned. At a fundamental level, the COICA would give too much power to government to solve a problem that doesn’t actually exist. No, copyright is not at serious risk in America today. It is simply certain business models that are failing, and it is not the place of government to try to prop them up.
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I’m back. CPAC week came and went. Then another week came and went after the horrible cold I got at CPAC. But now I’m healthy again and it’s time to start catching up. Though there’s no way I’m going to post on every tidbit I’ve run across in the last two weeks, I can try to hit the highlights.
And let’s start with the fact that the Internet Kill Switch is back under a new name. Susan Collins and Joe Lieberman have reintroduced the bill under a new name. They think if they put freedom in the name that we’ll ignore the problems inherent in giving the President emergency powers to wage economic war on America. The Internet Kill Switch is a broken idea. We don’t let the President close supermarkets nationwide if one butcher in one city has an e. coli outbreak. We can’t apply the same overreaction online.
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Forgive me if I’m not as engaging as usual tonight. Firefox robbed me of a good 20 minutes of time tonight. Firefox 3, what was supposed to be faster and better than ever, had taken up so much memory it was slowing my whole system, and then it took forever to restart. Of course, now they’re saying Firefox 4 will be better this time. Really. Forgive me if I’m not optimistic. As soon as NoScript or equivalent comes to Safari, I’m away from Mozilla forever.
Moving on, I wrote on RedState today about the FCC plotting something that could be a sign that the left wants to start manipulating statistics to push their agenda. We need to watch and make sure they don’t try anything funny.
The IPv4 Panic Button has been hit again. People are saying we’re out of addresses! But we’re actually not. We’ve just handed out many large blocks of addresses to regional authorities who then assign them to those who need them. Of course, if we actually did run out (and couldn’t fix the issue of a few large companies having obscene numbers of addresses, from the old days), I say we just strip pubic IP addresses from countries that firewall the Internet, including China, Saudi Arabia, and Australia. If you’re not on the public Internet, you don’t need public IP addresses.
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Net Neutrality is taking a real pounding this week. The Heritage Foundation has come out shooting, calling for a major rollback in the FCC’s authority, including repealing Net Neutrality legislatively. Also, The US Chamber of Commerce is calling upon the FCC to be held to the President’s standards for regulatory review, which would certainly put Net Neutrality at risk.
But its supporters press on. Even as GoGo Inflight Internet offers non-neutral Free Facebook access (just wait until the radicals start telling us that free stuff is bad!), Andrew McLaughlin says the Egypt situation proves the need for state control of the Internet through Net Neutrality. Try to figure that one out. I sure hope Vint Cerf didn’t feed him that line. He has a reputation.
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I don’t want to go the full Jim Anchower on you all, but the end of the week has been a bit rough on my end. My Internet connection is going full on Neutral on me, by which I mean it’s been going offline as much as it’s online, including a big 8 hours of full downtime at one point. If it weren’t for my new iPhone 4 I’d be even worse off.
Maybe I should be like Netflix, who continues to ride the Net Neutrality fad to get its own subsidies. Yes, Netflix now wants all of us, everyone who pays for Internet access at home, to subsidize Netflix users. Hey, that’s good for me, since I’m a subscriber and even dropped to Internet-only as soon as it was available, but I wouldn’t feel right supporting it.
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Sorry but Monday night I plain forgot to post. So I just have twice as much stuff to discuss tonight is all.
Arguably the big story right now is what to do with the D Block. The D block is one of five pieces of the old television spectrum that is now freed up for new uses since we’ve gotten television broadcasts moved into a new, narrower range. However back in 2008 we tried to auction it off, but got no takers. I agree with the plan to give it to public safety groups, learning from the lessons of 9/11.
One interesting aspect of the issue is how it all relates the the FCC. If we move forward with the D Block resolution through legislation, then we take it away from the regulators. We can likely get broad bipartisan support for that even, because who wants to argue against first responders and post-9/11 recommendations? The FCC recognizes this threat, too, which is why the FCC on the 25th strained its arm patting itself on the back in some press releases.
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The big story as we close out this week is Verizon appealing the FCC’s Net Neutrality order. Verizon is choosing to go back to the DC Circuit Court of Appeals, the site of the last Net Neutrality legal fight. That was the Comcast v FCC case, lost by the FCC because the FCC simply doesn’t have the legal authority to do it. Some say it could set up the FCC for another loss for Net Neutrality II to be fought out there.
In fact, Verizon is doing all it can to get this decided the right way. Verizon is arguing the DC Circuit is the only place this should be resolved, on the grounds that the FCC is essentially modifying Verizon’s wireless spectrum licenses. Clever. Also interesting is the request that the Comcast v. FCC panel be assigned to this appeal, on the grounds that the judges involved won’t have to waste time getting up to speed on the issues. A friend told me Verizon had some clever lawyering going on with this. Not being especially familiar with regulatory litigation, or even a lawyer at all, my ability to judge that is limited, but what I’m reading suggests it’s true.
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I didn’t expect this until later this year, but it’s happened already: Verizon is suing the FCC over Net Neutrality. Verizon is taking the case directly to the DC Circuit Court of Appeals, which is contrary to the FCC’s published advice on venue shopping of course, and returns the fight to the place where the FCC lost last time in Comcast v FCC.
I will have more to say on this after I study what I can find on the details, but this is big. Congressional Republicans led by Fred Upton have already come out in favor of the action, and The Hill says this to sum it up:
Verizon’s appeal listed four grounds for the challenge: the order is in excess of the FCC’s statutory authority; it is arbitrary, capricious and an abuse of discretion within the meaning of the Administrative Procedure Act; it is contrary to constitutional right; and it is otherwise contrary to law.
I’m glad to see they’re shotgunning the reasons to toss it, because I imagine anyone of them will put the FCC in a bad spot, should the courts agree.
I went ahead and took Martin Luther King day off, so it’s a double dose of stories to cover tonight. Though first, in case you missed it, make sure to see my post today on Marsha Blackburn‘s call to action against stifling, destabilizing Internet and technology regulation.
Other than that, the big story this week so far has been the FCC finally approving the NBC Universal/Comcast merger. I don’t even know why the center-left is even supposed to be worried about that merger at this point. After all, they passed Net Neutrality, right? Anyway, it’s a real shame that this approval has only come with a number of special set asides for left-wing causes, but as I’ve said before, I’m guessing the shareholders will take what they can get after all of this delay.
Of course, the neo-Marxists are sobbing hysterically about this development. Let’s all pause, lower our heads, and take a moment to laugh at Free Press’s Josh Silver.
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