Tech at Night

Tech at Night is coming when it’s plenty light out this afternoon, because I need to start getting some sleep in preparation for my 25 hour broadcast as part of the Extra Life children’s hospital charity event.

The FCC got two new commissioners this week, a good one in Michael O’Rielly, and a likely bad one in Tom Wheeler. This came only after Ted Cruz got the answers he was looking for. Then again, under Barack Obama that’s the best we could hope for.

It’s very rare that I agree with a gun grabber like Dianne Feinstein but come on, she’s annoying the right people by calling out Snowden as the traitor he is.

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Tech at Night

Normally in Tech at Night I try to find the big trends that can be pieced together from all the little stories we see going on. Right now the trend continues to be that Republicans are trying to make American Internet access even better than it already is, while the rest of the world is going in the wrong direction.

Don’t believe me? Europe wants to regulate the Internet even more. Meanwhile, Congressional Republicans are hard at work looking to protect us online from China, and to make sure wireless spectrum is allocated efficiently, rather than set aside for Obama’s preferred vendors.

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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

I have a charity event I’m participating in tomorrow (I’m the one doing The Legend of Zelda and Zelda II), and I’d like to have slept for it, so this may be briefer than usual.

Looks like a push for real patent reform is brewing. After the lawyer- but not innovation-friendly America Invents Act was signed by Barack Obama, we’ve been left with a need to fix the actual problems with the US patent system. the i2Coalition and Google are backing anti-Patent Trolling ideas. There’s got to be a way to continue to reward small-time inventors without allowing the fakes to abuse the system.

Do Americans have a duty to diminish the security of their communications to ease government spying? Some seem to think so, as we’re reminded of in the flap over Apple’s iMessage being more secure in its encryption than government would like. Let me remind you though that any back door that government can exploit, China and Anonymous can, too.

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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

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

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

We’ve lost some battles lately. That’s what happens when we let a radical Democrat become President. We let Patrick Leahy’s America Invents Act pass, imposing on America a Euro-style patent system that rewards lawyering, not being the first to invent something. We let the FCC pass an illegal Net Neutrality power grab, and that will have to go to court soon.

We’re even seeing some nominally Republican-run states get on big government bandwagon against AT&T, sadly joining in the effort by the Obama administration and Sprint Nextel to hinder competition and pad Sprint’s bottom line. What are Ohio and Pennsylvania doing there? Come on.

But at least we’re on track to get meaningful 4G competition. Some question the firm’s ties with the Obama administration, but I welcome progress toward LightSquared launching its network. Unlike Obama and Holder, trying to prop up Sprint, I actually want competition and lower prices.

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Tech at Night

Friday has come and gone at last, and in fact we’re well into Saturday now unfortunately, due to my needing to have covered so much this time.

Additionally, at long last it looks like the ongoing saga of California vs Amazon is coming to an end. Amazon had already floated the idea of compromise with the Democrats on their unconstitutional plan to try to bully Amazon with respect to California’s high sales tax rates.

But now it looks like the firm got cold feet. Having already put itself on the line with a plan to lobby for a national law on the matter, with a promise to pay the tax if now law is passed in two years, they caved and cut the “safe harbor” down to one year. As you might guess from how I said that, I disagree that Amazon was wrong to play hardball. I think Amazon was wrong to give in after playing hardball, because if things go wrong they risk victor’s justice.

Joe Mathews says Amazon has given an example of “how not to do business in California.” At this point, I don’t see why anyone should do business in California, with all the corruption and corporatist socialism going on in this one great state.

This matters if you don’t live in California, by the way, because of the next steps.

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Nima Jooyandeh facts.