Tech at Night

Even as I’ve said the bill is a good idea, Senate conservatives overwhelmingly voted against the Internet Sales Tax. The whole Tea Party era gang is there in the NAY column. It’s easy to see why too: guys like Mike Enzi are coming out and saying their purpose for the bill is to pick winners and losers in the marketplace. I can’t see this passing the House with the cloud of toxic rhetoric around it.

As Team Obama wavers between a bureaucrat and an actual expert for its DHS Cybersecurity head, insecure accounts are getting hammered by foreign attackers. Use good passwords. Never give the actual answers to ‘security questions.’ Keep software updated. And don’t approve random “Who unfollowed me/How much time am I wasting/Which President am I” Twitter apps!

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Tech at Night

While it’s true that cybersecurity can be cover for bad proposals, it is true that foreign organized criminal and state-backed attacks are hitting American government and business interests online every day. They’re even stealing large sums of money on a regular basis. This is why we need to address the issue in a serious way. If these attacks were going on at sea, it would be an act of war. Because it’s online, nothing happens? Come on.

Amending CISPA in order to try to get it to pass might be a good idea. If anarchists and other left-libs don’t like it, then it may yet be a good bill after the changes.

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Tech at Night

Hey Mark Cuban: We both know that when Obama signed the American Invents Act, crushing small businesses was a feature, since it meant a) more work for lawyers who backed the bill and b) easier competition for the big businesses who backed the bill.

I see the vultures using Aaron Swartz’s dead body for political purposes are now going full Weekend at Bernie’s on this. It’s amazing.

And yet nobody reconciles the Democrat outrage at this, with Democrat plans to ignore the Constitution and use Executive Orders on cybersecurity. If we allow stuff like what Swartz did, we’re letting cybersecurity threats go unpunished, sorry.

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Tech at Night

Surprise:Obama’s cybersecurity plans don’t actually fix anything, they just expand government. And yet the administration shamelessly attempts to use the crisis of storm Sandy to try to achieve this end.

At this point the administration’s cybersecurity efforts are as delusional and straw-grasping as its global warming efforts. Though what’s sad is that unlike global warming, there actually is a kernel of truth there that we as a nation could be acting on, but Obama is distracting us with his attempts to expand government.

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Tech at Night

Chuck Schumer is introducing the BRAINS Act and it’s not even about zombie preparedness. Come on, get on the ball guys. Well, it’s actually a bill about getting smart people into the US from other countries. However, rather than lock them down and distort the market with H1-Bs, we’ll give them a path to a green card. Sounds good to me. Though I also like Lamar Smith’s eliminating of the diversity lottery.

And the administration admits rule by decree is in the works for cybersecurity. Night and day. That’s the difference between Mitt Romney and Barry Obama, folks.

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Tech at Night

Good evening. I’m considering shifting Tech at Night to Tuesdays, Thursdays, and Saturdays. But I might not. I’ll have to think about it.

So, more CISPA. The comparison with SOPA is absurd. I put out a challenge for anyone to refute the claim first by the Republicans and now by Facebook that there are no new mandates in CISPA. No takers so far. That’s because CISPA is not SOPA.

In fact I’m disappointed that CISPA backed down on copyright infringement, as that was the real reason for the CISPA objections. Anti-copyright radicals were angry about property rights.

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Tech at Night

Monday night, as promised, we still have some catch up work to do. So let’s start with those Amazon Taxes, those Internet sales taxes of dubious Constitutionality. Colorado’s got tossed in federal court and Illinois’s didn’t raise any money. Obeying the Constitution counts, folks. Pass a true interstate compact through the Congress first.

Also as promised, there’s the matter of the Next Generation Television Marketplace Act. This is the one where ACU has come out against Jim DeMint, and that caught my attention. I have to side with the bill DeMint is sponsoring. I think ACU simply misunderstood what’s at stake here and had good intentions, but the excessive complexity of the regulations defeated them here.

The bill does not let cable providers become free riders, retransmitting others’ streams for free. It just stops the law from trying to dictate the parameters of the negotiations on retransmissions. I see no harm in that, and potentially much good.

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Tech at Night

Am I tired of expressing dissatisfaction with the Obama FCC and other government intrusions? Never!

Al Franken is setting up an unfalsifiable rationale for government action against Verizon and Comcast. Gotta love that, eh?

I’m sure he, the FCC, or both will try to overturn the courts who say bundling is not anticompetitive. I like bundling. It saves me money when I’m buying both things anyway. Then again, I like choices in the marketplace.

Why we want FCC subsidizing tablet makers though, I have no idea.

Chuck Grassley’s threat seems to be working at least, as FCC starts to break down on LightSquared transparency, a necessary step toward being able to confirm the President’s new appointees to the commission.

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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

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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Nima Jooyandeh facts.