Tech at Night: FCC overreach. Yes, this is new.


Tech at Night

FCC overreach doesn’t seem like it should be a new topic, but it actually is. Consider that the FCC is threatening to get into cybersecurity which is interesting since the Congress is working on it. FCC wants to get into campaign finance regulation. And it’s unclear whether the FCC would enforce White House calls for new privacy regulations.

The runaway FCC to me is the biggest reason to fear UN regulation of the Internet. A treaty would give the Barack Obama FCC an excuse.

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Tech at Night: Napolitano lies. Free Press lies. Google cheats.


Tech at Night

Happy Monday. Wait, Monday, good? Well, it was for me. I hadn’t been properly rested in two weeks thanks to CPAC, weekend travel, and catch up work after.

You want to know how desperate the Obama/Reid Democrats are to pass that cybersecurity bill? Janet Napolitano is lying about the ACLU to try to gin up support.

Speaking of lies, Soros-funded radical PIG Free Press apparently lied to Marsha Blackburn. Under oath before the House committee. Oops.

And Google wasn’t exactly ethical when it apparently circumvented people’s privacy settings on Apple iOS as well as Microsoft Internet Explorer.

So much dishonesty, so little time. Fortunately we observed Washington’s Birthday today, so the only other story I’ve got is that China continues to persecute Apple while the “We can’t wait” adminstration… waits.


Tech at Night: Cybersecurity battle sends McCain to find Republican help, LightSquared fights, Obama regulators are dangerous!


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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Tech at Night: Harry Reid’s rush to pass an Internet power grab. LightSquared LOSES at the FCC thanks to Chuck Grassley?


Tech at Night

I meant to talk about the cybersecurity bill on Monday as it’s a big story. But, it’s gotten even bigger since. You see, a broad spectrum of Republicans is coming out against it. Names like Kay Bailey Hutchison, John McCain, Mike Enzi, Saxby Chambliss, Jeff Sessions, and even Lisa Murkowski are against the crazy Rush Harry Reid and the Democrats are putting on the bill pushed by Joe Lieberman, Jay Rockefeller, and Susan Collins.

And they’re right to oppose it. The case is overblown, and even if they claim the Internet Kill Switch is gone, it’s still a power grab. We’re at the point where Dianne Feinstein is a voice of reason, as she promotes voluntary data sharing, a plan Tech at Night has previously supported when also proposed by Dan Lungren in the House. Yeah, seriously. If you know California political history you know how funny it is that Republican Lungren and Democrat Feinstein now have another thing in common. But I think they’re both right on this. The way we’ll get more secure is to share more data and to prosecute the offenders.

In other major news, the FCC has rejected LightSquared’s proposal to build a terrestrial wireless LTE network.

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Tech at Night: The Return of the Revenge. Google Motorola deal approved. Spectrum. Skeptical of Telecommunications Act changes.


Tech at Night

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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Tech at Night: Opening up the OPEN Act, FCC spectrum insanity


Tech at Night

Yes, we beat SOPA, but the problem of foreign infringers is still around. And we’re not just talking about online copyright infringement, either. Copies of clothing, purses, gadgets, you name it: foreign free riders are a problem. It’s an important tradeoff to find, so an open process for the Darrell Issa OPEN Act is a good one. A slow, consensus-based approach is also smart, so I’m glad consensus is what Eric Cantor and John Boehner are demanding from a bill on this topic.

The alternative is picking winners and losers. That’s not good for government to do, even if it’s been a problem for a long time, to the annoyance of Frédéric Bastiat.

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Tech at Night: France fines Google for giving away free maps, FCC reform, Pastrami


Tech at Night

Good news? I had a great Pastrami Burger tonight from a place called The Hat. Seriously: the pastrami itself is great, and I’ll probably go for the Pastrami Dip next time. Bad news? It was a busy evening and now I’m tired. The good news that wins out? Not much to cover tonight, so let’s go.

In France it’s illegal to give away free maps. Yes, Google is reportedly having to pay €500,000 because a French cartographer didn’t like the competition. Insane.

Reminds me of one of the times Rick Santorum made a point to stand up for big government: when he tried to get government out of the business of providing “free” taxpayer-funded competition to private weather services.

Of course, Google’s free services are under fire in the US, too, so we can’t get too smug yet.

The push for a sales tax compact marches on. I still say it needs more safeguards against ever-higher taxes, double taxes, a national sales tax, and other forms of expansion.

And yes, Republican FCC reform plans are pro-growth by checking the runaway FCC.


Tech at Night: Google to obey censorship laws, LightSquared and FCC team up on Grassley, Pirates lose


Tech at Night

Sometimes, the anarchists lose. Even in leftist Sweden, The Pirate Bay’s founders lost their last appeal. It’s guys like these, who deliberately put up a system for infringing on US copyrights while playing word games to justify it, that motivated SOPA and that drive the desire for a treaty like ACTA.

Google considers its privacy changes a public policy issue as the firm is getting plenty of criticism. This suggests to me they believe the critics won’t actually stop using Google services like Gmail, but will rather try for government regulation.

Considering Google is implementing a censorship plan much like that Twitter recently announced, and yet you don’t really see the same angry protestors saying they’ll quit using Google services in protest, that did a “Twitter blackout,” I think Google’s right that nobody will quit them over any of this. Hey, people: If you don’t like Google, use somebody else. It’s not that hard.

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Tech at Night: Google causes a privacy stir, Twitter causes a censorship stir, Grassley continues to fight


Tech at Night

So, Google is integrating its websites more. As a result, some privacy settings will apply network-wide, and one site will be able to use data from another site. People are flipping out, naturally. People have been giving Google this data for ages. People have known that Google was watching them, and yet they chose to keep using Google and in fact use one account for many Google services.

Note that the new policy changes nothing about what Google already knew about you. It just changes what certain Google sites will use about you. As Marsha Blackburn and other members of Congress begin to look into it though, Google isn’t helping its case by pleading that it’s alright because certain users are excluded, which just furthers the premise that there’s something wrong with it.

But ultimately, you’re in control of what you do online. Personal responsibility: it’s not just for breakfast anymore.

I feel vindicated though in having about a dozen Google accounts for the limited times I had use for their services, usual in the course of helping somebody else. Different accounts for different uses and different sites. It was never hard. You just had to do it. Oh, and not use their email.

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Tech at Night: More Copyright, and the Wyden-Issa OPEN act gains attention


Tech at Night

Some are still worried about the Megaupload takedown (including many the Obama got the concept right when he said “It’s not right when another country lets our movies, music, and software be pirated.” Foreign countries should not be allowed to be free riders on American copyright.

So I’m glad to hear that Patrick Leahy is open to SOPA alternatives such as the Ron Wyden/Darrell Issa OPEN Act. Follow the money. If money can’t be made from Americans by selling infringing materials back to Americans, then property rights win the day. And we can achieve that goal without censorship.

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Tech at Night: War on Copyright intensifies as infringers fall, Grassley hacked


Tech at Night

Filesonic stops infringing. I guess the site’s leadership didn’t want to go to jail like Ninjavideo, or get hit like Megaupload did. People put up with ad-laden, obnoxious ‘file sharing’ sites when they want to download something that can’t be distributed legally, by less annoying sites. Everyone knows this.

It’s a good thing that Megaupload was taken down. That was a blow for property rights. But not all in the anti-SOPA coalition support property rights. They don’t want prudent copyright protection laws to fix the problem of foreign free riders, and want us to wink and nod at infringers. Look, even if we repealed the Sonny Bono act, or even the copyright act before that, we’d still have copyrights that needed protection.

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Tech at Night: SOPA and PROTECT IP shelved, Blackburn tells it how it is on spectrum, Online anarcho-terrorists attack


Tech at Night

It was a long fight. I can’t tell you how many times I kept saying that SOPA and PROTECT IP were in trouble. But they’re getting shelved now. Sure, there’s whining about it. And the President still is too cowardly to lead.

Now it’s time to move on to the next step, though, and find a sensible way to attack the foreign infringers, who essentially are free riders on the American copyright system, taking advantage of the scarcity imposed by copyright without themselves respecting the rules that create that scarcity.

You can tell who’s trying to make this into a fight against copyright though, by the way Megaupload is being made out as a victim. When Megaupload in fact was a company that was making big bucks as a place you could stash files for broad distribution without regard for copyright, and they’re rightfully being shut down.

So it’s not surprising that the terror group Anonymous is defending them and attacking the United States of America in the process. This is an anti-American lawless band of thugs that needs to be be made to pay. And they always do get caught. We just have to wonder whether there will be a backlash against an open Internet thanks to that anarchist scum.

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Tech at Night: SOPA day wrap-up, and the next fight: taxes


Tech at Night

So, Erick Erickson decided to make a big push against SOPA today, again bringing out the primary threat card. I also had a post on SOPA and PROTECT IP today.

We were heard. On the House side, Speaker John Boehner echoed Majority Leader Eric Cantor, and said the committee needs to find consensus before the bill can get a vote. And again, conservatives like Darrell Issa, Justin Amash, and Jason Chaffetz aren’t going to lie down and quit. So as long as Boehner and Cantor are true to their words, SOPA is dead in the House this Congress.

On the Senate side, of the 16 Republicans co-sponsoring PROTECT IP, I’ve received word of six of them changing their minds. Kelly Ayotte, Roy Blunt, John Boozman, Chuck Grassley, Orrin Hatch, and Marco Rubio are dropping their support. Moe was keeping track, but I think Ayotte flipped after the posted.

The threat of electoral consequences is all a politician will listen to. Democrats know that the online left won’t lift a finger, so Democrats are still backing SOPA and PROTECT IP, much to Markos Moulitsas’s disappointment. We stood on principle, while Daily Kos just whined. We got results, he got blown off.

Erick even tried to make this a bipartisan thing, where both sides would primary the SOPA and PROTECT IP supporters, but he got crickets.

Lamar Smith remains primary target number one though, as he does his best impression of the Saddam Hussein Ministry of Propaganda. The Allies are not in Iraq! SOPA is still in control of the country! It’s all lies! Also, Lamar Smith is himself an E-PARASITE. Will he resign and report to prison?

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Tech at Night: Eric Cantor: SOPA’s dead.


Tech at Night

SOPA is dead in the House, says Majority Leader Eric Cantor, until there is consensus. Since there’s never going to be consensus on Internet censorship, Cantor seems to be saying the issue’s dead in this Congress.

The President went mushy on SOPA, Harry Reid and Senate Democrats decided to push forward, but Eric Cantor, Darrell Issa, and House Republicans want to kill the bill. That’s a clear, bright line, folks.

Turns out primary threats matter more than vague protests.

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Tech at Night: SOPA and PROTECT IP in yet more trouble. We need to constrain the FCC.


Tech at Night

Some bills become unstoppable in the Congress. They pile up cosponsors, get leadership support, and cruise on through to easy passage. Not SOPA, or its original Senate version, PROTECT IP. They’re in trouble. While the left is fighting these bills with blackouts and protesting, our message is simpler: If you back SOPA or PROTECT IP, we will primary you. That matters.

One guy who has clearly heard us, and is responding to our complaints by urging a slowdown on PROTECT IP, is Orrin Hatch. He’s a potential primary target and he knows it, so he’s listening. It’s refreshing, and certainly puts Hatch over many in Congress on this issue.

Yeah, Free Press and the radicals are hypocrites on this, but SOPA really is a bad bill. Lamar Smith is even talking about removing some of the worst provisions, that’s how bad it is. Patrick Leahy is also talking about bending on PROTECT IP. We’re making progress. Keep it up.

Industry is paying attention, the threat of a vote looms. Erick Erickson made it clear he’d even oppose Marsha Blackburn if she helped pass SOPA. This is serious and we need to be loud and committed to action.

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Tech at Night: Kill SOPA, Control the FCC, LightSquared meets with FCC again


Tech at Night

Have some more SOPA. We still need to kill the bill and primary the offenders, after all. The bill by Lamar Smith (with strong support from Chris Dodd) is a real problem. Forbes says it relies on ignorance and fiction not facts, understanding, and reality. WordPress developers have come out against it, too.

Arguments continue over unlicensed spectrum. Look, I’m open to the argument that it’s useful, but if you really want it, legislate it. Don’t just give the runaway FCC the authority to do what it wants without Congress getting to say anything.

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Tech at Night: Darrell Issa gets clever against SOPA, Internet Sales Tax looms


Tech at Night

Lamar Smith, Chairman of the House Judiciary Committee, is using his committee to further his bill, SOPA. SOPA is very bad. It threatens due process and prior restraint of speech as it censors the Internet, and risks putting Internet-based business out of business.

Darrell Issa is leading House efforts to oppose SOPA. He’s on the Judiciary Committee, but he’s not in charge. However he does head the Oversight Committee. So guess what? Oversight is looking into the effects of DNS filtering, which is one of the more egregious provisions of SOPA. Nice play, Mr. Issa.

I love it when a conservative gets clever, because I hate that Republicans are looking to give more tools to the already out of control Obama regulators.

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Tech at Night: Kill SOPA, and even a Constitutional Internet Sales Tax is the wrong idea


Tech at Night

Internet access is not a human right. It’s not me saying that, either. It’s Vint Cerf, Google’s Internet Evangelist.

ESA May be backing SOPA, but we’re seeing developers themselves such as Curt Schilling’s 38 Studios come out against it. But support for the OPEN Act is growing, as it protects American rights without trying to censor the Internet or impose destructive burdens on Americans online.

Defeat SOPA. Pass OPEN. Everyone wins. Even if the RIAA and MPAA think they’d benefit from government picking winners and losers.

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Tech at Night: The Return. Also, we still need to kill SOPA.


Tech at Night

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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Tech at Night: Kill SOPA. Now.


Tech at Night

Nothing in this post shall be construed to impose a belief that Lamar Smith would round up every American into MPAA-run detention centers if Chris Dodd suggested it would be good for big business.

Does that sound like a stupid way to begin a post, and does it suggest that I’m about to say the opposite? Well, that’s how the Manager’s Amendment version of SOPA starts off, claiming that no matter what the bill says, it’s not a prior restraint on free speech.

Of course, restrictions of results provided by Internet Search Engines amount to just that: prior restraint of their free expression of future results. Google and others, under SOPA, are told what they can or can’t publish before they publish it.

Kill. The. Bill.

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