The big stories this week continue to be LightSquared and cybersecurity. Even as House Democrats complain about government doing too much, incredibly, we see that Senate Democrats are so inflexible that John McCain is in a gang of Republicans to fight the Democrats on the cybersecurity bill. Consider that. That’s how extreme Harry Reid, Joe Lieberman, Jay Rockefeller, and Susan Collins are on this. John McCain is putting together a team to make a Republican bill with Kay Bailey Hutchison and others, rather than sign on with a Democrat on a bill. Danger, Will Robinson! Harry Reid is that much of an extremist!
Reid is rushing to pass it, but details come out anyway, such as an attack on FOIA. Transparency! Not.
Speaking of transparency, the firm that the Barack Obama FCC has remained oddly silent on, and that insists the FCC should remain silent on, is ready to go on the offensive. It almost seems like LightSquared bet the company on this, and will go down swinging. They may end up making a spectrum trade though, which if workable would be interesting.
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Yup, I’m back. And I have roughly a week’s worth of stuff to cover, so let’s go.
Top story seems to be that The Obama/Holder Justice Department has no problem with Google’s vertical integration takeover of Motorola Mobility. Interesting. I also await word on whether Google will drop all aggressive patent lawsuits, as they claim to use patents only defensively.
Some people never learn. Google and Microsoft support the runaway FCC against Republican attempts to constrain the regulators to using clear, consistent, fair rules for spectrum policy. Sure, I understand that some such as Darrell Issa are unhappy about the unlicensed spectrum restrictions, but my view on this bill is mend it, don’t end it. What we do need to end is the ability of the FCC to micromanage industry by managing the FCC in a reasonable and responsible way. Greg Walden’s bill should pass in some form.
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I’m back. I ended up taking an extended Christmas break because well, I liked having a break, plus there wasn’t a whole lot going on anyway. But, back to work!
Lamar Smith and Chris Dodd still want to censor the Internet, by pushing the SOPA bill that we need to defeat. Why is it bad? Victims get no due process, ISPs have the burden of proof if government makes economically or technically unreasonable demands on them, and of course the largest reason of all is that it amounts to censoring the Internet without actually stopping foreign infringers of American copyrights.
Let’s make sure to watch the SOPA sponsor list. They must be primary targets this cycle if they don’t turn. I don’t care who they are. Marsha Blackburn is one of my favorite members, but Erick Erickson is right to call her out. This is a bad bill, a terrible bill.
Yes, the foreign leeches are annoying, but the problem is that SOPA doesn’t actually stop them. It attempts (poorly) to censor what Americans can see online. It doesn’t protect American property rights, but instead threatens them in an ostrich-like attempt to hide us from the rest of the world.
Activists are already at work. There’s also an alternative to SOPA that actually will work. The OPEN act promoted by Darrell Issa and Ron Wyden would use proven techniques for stopping foreign infringers; Apple uses it already against patent infringement. The ITC exists for a reason.
But, Chris Dodd’s MPAA and now the RIAA are demanding SOPA, not OPEN. They don’t care if the Internet is open; they think if they shut down the Internet in America that you’ll buy more CDs and DVDs. They want government to pick winners and losers, not just protect rights. OPEN protects rights. SOPA pits one industry against all others.
Kill the bill. Primary the offenders. For those of us thinking of focusing on races other than the Presidential race, that’d be a great project to work on.
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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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There’s a new story developing. I’ve touched on it now and then, but the pieces are coming together. The FCC temporarily blocked the AT&T/Qualcomm deal to let AT&T buy spectrum using the excuse that they wanted to evaluate it together with the AT&T/T-Mobile deal. Well, the latter deal has been withdrawn from the FCC, so now what’s the hold up?
It turns out that the Obama FCC under Julius Genachowski is looking to change the rules of the game. Genachowski wants to make it harder to for firms to pick up the spectrum they need to serve an ever-growing demand for wireless Internet. He and the FCC are calling it a change to the “spectrum screen.”
Why the timing? Well, it turns out that Democrat commissioner Michael Copps, despite being an ardent supporter of the radical George Soros-driven Media Reform agenda, has spoken out against changing the rules midstream. but it may not matter, as he’s quitting, and his replacement is going through the confirmation process right now in the Senate. Though that replacement may be delayed as Chuck Grassley fights for transparency in the FCC, there are no other obstacles to confirmation foreseen.
So while Copps has made a due process argument against what Genachowski is doing, Genachowski may be counting on Copps’s departure to prevent that from being an issue. With him gone, the Chairman will apparently be free to do what he wants, declaring what the rules will be anytime he wants, picking one set of rules for one company, and another set of rules for another, with nothing to stop him.
Chuck Grassley is fighting for transparency with respect to the FCC and LightSquared. The House Energy and Commerce committee is looking into FCC’s Spectrum Screen treatment. Even FCC Democrats are having to speak up. The FCC is completely out of control, and it’s taking all we’ve got in the Congress just to try to keep up, and to force the Obama administration to submit to oversight and respect the rule of law.
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Oops. It’s midnight as I type this out. I just remembered I’d better do Tech tonight, so here goes. Fortunately I already did my reading!
Urgent in the Senate this week is the upcoming vote on Net Neutrality repeal, which was already passed by the House. We need 51 votes, not 60. Less Government has a list of Senators to contact with this urgent message: repeal Net Neutrality! Democrats are listed there, but Scott Brown needs to hear from us, too!
The bad Net Neutrality rules are a symptom of greater problems at the FCC and demonstrate a need for greater reform, but we have to start somewhere. Let’s start with 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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Late start tonight for Tech at Night. Sorry, but I’ve started a plan to get myself out of California, and to be honest I’m more than a bit nervous about the whole thing. Looking for new work in the Obama economy? Yeah.
But at least Marsha Blackburn wants to help the tech job situation by taking on Barack Obama’s twin regulatory nightmares of the FCC and the FTC. The EPA isn’t so hot, either.
Seton Motley is still plugging away against Net Neutrality, too, referencing Phil Kerpen’s new book: Democracy Denied on the Obama regulatory scheme to bypass the Congress when implementing radical ideas.
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