Tech at Night

It’s Monday, so it’s time for that weekly self promotion of mine. This week at the Daily Caller I discussed NISO, an information sharing proposal by Dan Lungren that would get government in a role of improving our security online without compromising liberty and innovation.

And now back to SOPA. Now Eric Schmidt realizes we don’t want government to have a huge role online, complaining that SOPA would “criminalize linking and the fundamental structure of the Internet itself.” Yeah, I’d say DNS is part of the fundamental structure of the Internet, and that’s why I support Darrell Issa’s and Ron Wyden’s OPEN Act alternative. They would have us go after infringers abroad rather than attacking the Internet at home.

Jennifer Rubin pointed out that SOPA is overkill, which it is. Effectively undermining the fundamental structures of the Internet just to go after counterfeit handbags and Bittorrent streams of Scary Movie 3? Come on.

Notice how no matter how many people complain about SOPA, it’s always the MPAA with a response? Isn’t that a clue that this bill is being pushed to benefit one specific industry, just a little bit?

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Tech at Night

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 Well, the latter deal has been withdrawn from the FCC, so now what’s the hold up?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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Tech at Night

The FCC’s excuse for delaying the AT&T/Qualcomm spectrum deal was to work on the AT&T/T-Mobile deal. The latter has been withdrawn, so what’s the excuse now?

AT&T and Sprint both get bad reviews. Sprint’s Nextel deal went through. AT&T’s T-Mobile deal is getting blocked. Hmm. Looks shady, which is why I support Chuck Grassley’s push for FCC transparency involving LightSquared, even though so far their claims on spectrum make sense to me and John Deere and the GPS industry are getting rural pushback against their LightSquared opposition.

Yeah, I never thought I’d mention John Deere in Tech at Night, either.

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Tech at Night

It’s Monday night, so naturally we start now with my weekly appearance at the Daily Caller. This week I finally got around to reading up on the Carrier IQ scare, and decided it was just a scare. Smoke, but no fire. Keep calm and carry on, people.

How about some spectrum? Jerry Brito takes on the thorny issue of civil defense/first responder spectrum and the D Block, while Ernest Istook points out spectrum sales are only a short run budget fix. Regardless of budget concerns, though, we need more spectrum dedicated to mass market Internet. Competition, jobs, innovation.

Oh and it turns out the ARRA was terrible at job creation. Big surprise, huh?

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Tech at Night

Remember: One of the victims of the joint Sprint/Justice/FCC Triple Alliance against AT&T is T-Mobile itself. T-Mobile has no 4G, no iPhone, and no clear plan for what to do if their right to sell off to AT&T is taken away by the big government wonder team.

Nobody benefits when big government tramples the little guy. Even if FCC is clearly wrong, and it is, the committee’s meddling is a problem at this point. I do hope alternatives can be found that government’s boot can’t crush. The Government in going after these firms is simply trapping the public in the middle. We’re the ones who lose out with lesser competition thanks to this deal potentially being blocked.

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Tech at Night

Wouldn’t it be nice if we had Government Neutrality? Imagine if the government didn’t take sides: not favoring one industry over another as with SOPA, or favoring one firm over another as with AT&T.

Because AT&T really is getting an unfair deal. The FCC could have just let the firm drop its application like it intended to do but no, it also gratuitously put out a report against AT&T. It’s a show trial: the verdict was decided in advance.

Oddly enough, Facebook is getting ignored by the radicals but is still getting targeted for abuse by the FTC even though it’s already been shown that laws don’t fix stupid. I guess the Obama administration is already too well trained in meddling.

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Tech at Night

What do AT&T, LightSquared, and the late Super Committee have in common? Spectrum.

AT&T is the big story right now, too. They know the fix is in, with Sprint, Eric Holder, and FCC all ganging up on them as a team effort. The Obama administration is all but running guns to Sprint in this effort. So, the firm is trying to slip the noose by withdrawing its FCC application and warning the FCC that they will get sued if the application is not allowed to be withdrawn.

The only reason not to let AT&T pull back until the DoJ effort is settled is to rig the system, which is why the radicals want FCC to pick that particular fight.

AT&T is also proposing bolder sell offs of T-Mobile assets in order to make this work. The firm has repeatedly shown itself willing to negotiate, even as Barack Obama and his subordinates have stonewalled. Tech Liberation Front calls it ‘magical thinking’ that the FCC has been doing lately.

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Tech at Night

Some government mistakes slip by with only a few of us shouting about them. The Stop Online Piracy Act, or SOPA, is not one of those. People across the Internet are getting loud against the House bill and its Senate counterpart PROTECT IP, the one I’ve been yelling about for months, but many businesses are supporting.

Yes, I’m going to be that guy, saying I was into the band before you ever heard of him. But, instead of being disappointed that the band’s gone mainstream, I’m glad we’re now at the point where Darrell Issa is changing his Twitter avatar in protest of the bill.

The bill has serious problems. As I previously warned it tampers with the delicate balance of interests present in the DMCA, but on top of that Title I is nothing but a framework for censorship in America that can and is designed to be triggered not through judicial trials, but through mere injunctions. And further, if an ISP or other targeted company cannot technically or economically manage to comply with the government’s orders to censor, the burden of proof is on the ISP to show that as an “affirmative defense.”

This bill goes too far. Kill it. Issa says he will introduce his alternative. I hope it follows the model of the UIGEA: cut off funding to lawbreakers. Censorship is not needed.

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Tech at Night

Welcome to Tech at Night, the series the radical left says is shaping the debate. I sure hope I am. After losing on Net Neutrality and on the America Invents Act, I’d like to get a win.

The next chance for a win is in the House, which is debating SOPA, the bill that would create a national censorship blacklist online. Helping to lead the fight against SOPA is actually Google, who joins with other firms to oppose the bill. I know. Whodathunkit? But they’re right on this one, which is why we’re seeing weird things like Darrell Issa stick up for Google as the firm becomes a scapegoat for foreign infringers.

Tumblr has joined the fight, encouraging you to contact your member of Congress while the site draws attention to the issue.

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Tech at Night

Censorship’s the big word right now. The FCC’s under pressure to ban pro sports blackouts, and the Supreme Court may end national profanity rules. However I consider those things small. Few people have access to television broadcasts. Most of us aren’t actually censored by these regulations.

We all have access to the Internet though; that’s how a nobody like me is able to shape the debate against well-funded leftist groups. So I’ll freely admit it: It’s a self-serving thing for me to oppose Internet censorship. I don’t want the Obama administration to have the power to collaborate with private leftist groups to steal people’s domains, and force all ISPs to cooperate with that effective creation of a national censorship blacklist.

They want to call the little guys “E-PARASITES,” using copyright as cover to censor whatever the heck they want. Because once you let the government start blanking out parts of the Internet, then what’s to stop them from blanking out oversight of that censorship? Nothing. Just ask Australia, which censored the internet “for the children,” but then started banning oversight of the censorship, as well as unrelated content like American anti-abortion websites.

The committee vote on SOPA / E-PARASITES is coming, and I’m hearing that the witness list for the bill is stacked 5-1 in favor of the bill. In the Republican House, we’re rigging the hearings in favor of giving the President more regulatory power over the Internet. It boggles the mind. Please consider contacting the Judiciary Committee and asking them to oppose this censorship power grab.

If the US Government starts monkeying around with DNS, the world will ignore it, the same way we ignore Chinese attempts to censor the Internet. We will lose our position as world leader of the Internet overnight.

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Nima Jooyandeh facts.