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 The latter has been withdrawn, so what’s the excuse now?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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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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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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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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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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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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There’s been a push lately to attack punitive, unfair taxes on wireless service, one that Erick Erickson signed onto, and was advertised at RedState. Ironically I only found out about it because I saw the ads while working on the code side of the site, but that’s how it goes sometimes. Anyway, that movement seems to have gotten a win, as the House passed the Wireless Tax Fairness Act, a 5 year freeze on new wireless taxes. Sounds good to me.
SOPA, the House answer to the Senate’s PROTECT IP, isn’t dead yet, unfortunately. This attempt to have the US government censor the Internet, and in fact forcibly steal domains from people, and cut off Americans from the rest of the world online, incredibly is being considered by House Republicans. Copyright apparently is sufficient justification for government of unlimited size. Kill the bill.
And what’s worse is that Republicans are being dragged along as dupes to help Democrats continue to justify huge Hollywood fundraisers by smacking the Internet around to favor the movie industry. Which is probably why the MPAA is trying to stifle criticism of the bill. Kill the bill.
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Last week I noted that the FCC is officially moving ahead with its new subsidy program. The administration will convert the Universal Service Fund – currently taxing the public and handing it out to rural telephone carriers – into a grab bag of Internet subsidies. The rural phone companies are unhappy, and everyone else is racing to get a cut. C Spire, apparently serving many rural southern customers, says the order “runs counter to the administration’s goal of promoting broadband deployment.” The Tech/Users Coalition, a group that includes Obama allies Google and Sprint, calls the USF “antiquated” and cheers the reform effort, while pressing for as much subsidy of Internet connectivity as possible. IIA also supports the effort.
Look, I don’t blame any business for looking to get a cut here. The money’s there, it’s perfectly legal, and that’s the way it is. Nobody squawked at the rural carriers collecting checks all these years. But that said, I hope Republicans will look to repeal all of this in 2013.
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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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Sorry if you missed Tech at Night on Friday. I was under the weather. But I’m back, and with so much to review.
How about legislation, good and bad? Well, mostly bad.
- Senate Democrats continue to push for senseless regulation of 4G Internet speeds, hindering vital new technology to increase high-speed Internet competition in America. Worse, Democrat Anna Eshoo is piling on in the House.
- Mary Bono Mack continues her push on privacy and security even though I don’t really see a government role in that, at least when it comes to private sector data. High profile cases do not good models make.
- Joe Barton wants to harass Amazon now, once again proving we did the right thing in not letting him head up Energy and Commerce. Seriously: If you’re allying with a Massachusetts Democrat, reconsider.
- When government comes preaching fairness, watch out: the push for a nationally-enforced Internet sales tax continues, which of course is just the first step to a joint state-national sales tax akin to the Canadian Harmonized Sales Tax. It’ll start at just one percent, I’m telling you. “One penny, for the children,” or “for seniors,” or even “for the Global War on Terror.” And then it will grow.
- We’re deeply in debt and running a massive deficit, but it’s time for a new program on “distracted driving”!
- OK, one piece of good news: Kay Bailey Hutchison is pressing the issue in the budget supercommittee of all places. encouraging voluntary incentive auctions of spectrum is great news no matter what the context, as we need all we can get. Giving the D block, previously proven to be unwanted at auction, over to civil defense is also good news, I believe. We learned that on 9/11. Look, I’d be all for auctioning it… if we hadn’t already tried and failed.
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