Earlier we covered Microsoft’s new Pirate Pay, which I said sounded like a DoS attack against copyright infringers. Others agree and say it may be illegal, which is true. Sure enough, Pirate Bay is under DDoS attack. Has Pirate Pay gone rogue? Cybersecurity and copyright, all in one issue.
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What’s the ideal situation for the cable television marketplace? A free market. Cable providers should be able to negotiate, or not, with broadcasters and copyright holders to purchase streams to resell to their customers. Jim DeMint is trying to bring us closer to that by ending special leverage in the marketplace given to broadcasters.
You see, the rules in place now are not designed to create a free market. Just as the Net Neutrality regulations are designed to restrict customer choice, out of fear that those customers would favor paying for superior service, so too did regulators fear that cable companies would win in the marketplace. So regulations were put into place to favor local broadcasters.
There’s a lot of inside baseball here in the retransmission consent debate. It’s tricky to unwind a complex regulatory system. But DeMint’s plan is a step forward.
So is CISPA. Some say the bill is risky and may get too much information out into the open, with too little oversight. That might be right. The bill might stand tweaking. But the concept is good. I find it interesting that Google isn’t taking a position on it, possibly out of fear of a left-wing backlash.
You see, there’s more to CISPA opposition than just CISPA. There’s also the Lieberman-Collins cybersecurity bill at stake.
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CISPA is still a harmless bill devoid of new mandates of power grabs, but I’m actually short of new things to say about it this week. Lieberman-Collins is the real threat. Watch the other hand.
Let’s start with some spectrum instead. Verizon is under fire for trying to buy spectrum from Comcast and other cable companies, even as it tries to sell other spectrum. Note though that observers are saying T-Mobile, recently held up as a competitor who must be propped up by government action, stands to benefit in the marketplace by Verizon’s actions. Sprint, however, is put under pressure to to continued mismanagement and lack of funds to invest in its network.
Why would Verizon buy and sell its spectrum is all over the place, and consolidation allows for less demanding hardware requirements for its phones, which benefits Verizon’s customers. That’s good thinking, and that kind of market innovation should be rewarded, not regulated out of existence.
Look: it’s well and good to try to find a treasure trove of unused spectrum as Mark Warner wants, but hope is not a substitute for making more efficient use of what we already know about.
Though while Warner is optimistic, the NAB is insane. I mean, seriously? Did they miss where Verizon is also buying spectrum, so that it’ll have a net gain? Or that Verizon needs to look to the future, unlike various American broadcasters, who are doing the same old thing, and gradually losing out to new technologies? Jealous much of the Internet, NAB?
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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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I’m seeing some real panicked shouting online about CISPA, a new bill that some are calling “the new SOPA.” It’s absurd. The bill may not be perfect. It could have flaws. But the argument being hammered against CISPA again and again is that it may be used against copyright infringers who abuse networks. So? The only reason to oppose that is if you wish to destroy copyright property rights entirely, as the radicals do.
I warned about this way back during the SOPA debate. I predicted that the left side of the anti-SOPA coalition would try to hijack the movement into a general one against copyright, as the anarchists over there tend to do, and the shrieking over CISPA is proving me right. CISPA is not a bundle of mandates. It is an avenue to information sharing. Note that everything in CISPA is “totally voluntary,” per The Hill.
If someone and disprove that, and point to one or more mandates in CISPA, I’d like to know. Until then, the burden of proof is on the radicals to prove they’re not really out to protect Anontards and copyright infringers.
For now, it’s looking like CISPA is a solid response to The plans by the President and Democrats to expand government online, by regulating the Internet. Double regulating in fact, as every ‘critical’ industry is already regulated. So this whole “critical infrastructure” thing is more pretext than anything
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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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I’m back, having gotten myself and my worldly possessions from southern California to northern Virginia. I also have a backlog of items that I’m never going to cover completely tonight, so some issues are going to wait until Monday. So please, check back Monday. There are things I’d love to cover tonight, but I simply lack the time.
Let’s start with Marsha Blackburn (R-TN) and Carolyn Maloney (D-NY) joining up to press Google to do something about the advertising of human trafficking services. Some people are going to have a knee-jerk reaction to this, call it a for-the-children threat to censor. But it’s not. The “child pornography” card gets pulled for all sorts of power grabs, but this isn’t about pictures on the Internet, either of real or made-up people. This is about the actual kidnapping and enslaving of people, including children. That is legitimate cause for action.
And note that Blackburn is would be perfectly happy for Google to do something about it, setting an industry standard, and end the need for government action of any kind. That’s commendable. Because you know what? Industry can act to emulate the effects of legislation and do so more effectively than government ever will.
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The House is doing anything but shirking its responsibility to apply oversight to the Obama administration. The FCC in particular is getting the attention it needs. “Regulatory hubris” in picking winners and losers is part of the problem, says Commissioner Robert McDowell. He should know, as he’s on the inside.
Darrell Issa and Chuck Grassley disagree on the FCC’s transparency though. Issa gives them a good grade, oddly enough, even as they continue to stonewall Grassley.
And so it’s good that Jo Ann Emerson questions the FCC’s hypocritical and questionable demand for senseless record keeping in others.
Though it’d be nice if somebody asked “Senator” Wendy’s questions about Free Press, in relation to the FCC.
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Great news! Tech at Night’s favorite Representative Marsha Blackburn, along with TaN’s own home representative Mary Bono Mack are bringing a version of Secure IT to the House. The bill has been introduced in the Senate as an alternative to the power grab known as Lieberman-Collins. The great thing about the bill? It toughens criminal penalties for online lawbreaking even as it makes it easier for the private sector to share information about attacks.
The bad guys share information, and they think they won’t go to jail. If we let the good guys share information without getting sued for it, and if we throw the bad guys in jail, we win. And you can tell that the bad guys really hate it when we send them to jail; just witness how Anonymous has been hitting law enforcement more and more in the last year or so, most recently targeting Interpol’s website, and previously publishing names and addresses of police officers in the US. These online terrorists don’t like that they can be held accountable for their actions. It’s their weakness, the fact that they are named individuals who are finite in numbers, and we need to exploit it.
I know we had to push hard against some good members of Congress in order to send a message on SOPA, but it had to be done. The RIAA is not giving up on SOPA, so it was important that we let good members of Congress know what the problem was. And we did, so now it’s time to move on to passing good bills like SECURE IT.
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Special Tuesday edition! Having been very busy hitting a launch window for a client, I had to skip Friday and Monday. So to make up for it, this week I start on Tuesday.
Riddle me this: FCC refuses to be transparent about its dealings with LightSquared (who by the way just changed CEOs, as the firm continues to flail desperately in response to the FCC’s LTE refusal), but FCC wants broadcasters to put files online. I’m with Richard Burr: Let’s look closer at that plan before we let FCC go ahead with it.
And speaking of the un-transparent FCC, Democrats are trying to talk down Chuck Grassley over his insistence on transparency, but have no fear: the House is now on the case.
The insistence by both the FCC and by LightSquared that no information be turned over to Chuck Grassley is itself suspicious. More investigation is essential.
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