Message to The New Republic: The left-right antiSOPA coalition isn’t getting back together because the right half still opposes Internet regulation, while y’all keep pushing stuff like privacy regulation and Net Neutrality.
Also, in case you missed it, FCC Commissioner Ajit Pai returned to RedState, this time to talk about government’s oversized spectrum holdings.
Here’s a brief conversation with Marsha Blackburn about tech policy.
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I said earlier this week that I wouldn’t comment on the RSC’s pulling of the copyright paper until I studied it. Well, I studied it, and they were wrong to pull it. Of course, for saying that, I’m being called some radical opposing the free market.
Meanwhile I’m getting called an ignorant tool of the big media companies because I oppose further market meddling in the form of IRFA.
It’s rare that a bill rises in awareness quickly but then dies hard. But by the time I’d even heard about the new Patrick Leahy power grab, this time spying on emails allegedly, he’s already given up on it. Score one for small government, at least.
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Good news, everyone! Kay Bailey Hutchison and Senate Republicans were able to help defeat the Lieberman-Collins Cybersecurity Act once again.
Bad news, everyone! We lost the Presidential election, so President Obama is almost sure to try to defy the Congress, which won’t even pass the idea through one house, let alone both to make it a law. He’s going to try to implement this through executive order!
Meanwhile it falls to the Congress to investigate actual foreign threats in the digital theater.
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Hello all. I was without power for 25 hours after Sandy, and so I’m a bit behind. So tonight’s edition of Tech at Night is going to be put together a bit quickly. Sorry about that. By the way, while obviously a hurricane can take out wireless towers, wireless was vital for keeping me in touch with the world when I was without power at home. It was great. I’m not sure exactly what good FCC monitoring could do though, except to use a crisis to expand the role of the state.
Watch as the administration plays games: on one hand it tries to use Iranian attacks on banks as an excuse to legislate cybersecurity mandates, instead of attacking Iran back, while on the other hand it opposes cybersecurity mandates at the ITU! How about we oppose all cybersecurity mandates, guys?
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Even the Obama regulators occasionally do things right. It was right for FCC to let the regulation die that forced cable companies to license original content to competitors. Though as The Hill points out, it may have done so out of a fear that the courts would force the issue anyway, not out of any desire to deregulate. Naturally House and Senate Democrats can’t abide the least bit of deregulation.
But don’t worry, they’re still making mistakes, too. They can’t free up spectrum until 2015, moving at a snail’s pace in a fast moving industry. And FTC’s antitrust attacks on Google are ludicrous. The standard for antitrust is high: if I recall correctly you have to show market power, being wielded, in a way that harms customers. I’m not sure that, relative to Microsoft, Apple, and Amazon, that such points can be made at all.
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Governors Robert Bentley, Mitch Daniels, Dennis Daugaard, Bill Haslam, Paul LePage, Rick Snyder, and Tom Corbett are part of push for the Marketplace Fairness act. I’ve come across a July letter to John Boehner, Harry Reid, Mitch McConnell, and Nancy Pelosi. I find it odd they’d do so now, unless they think they have no chance under a potential Republican Congress. Could that be the case? I wonder.
And yes, those are all Republican governors, some of whom were part of the 2010 landslide. It’s only Republicans I’m seeing back MFA, not Democrats. Democrats are fine with just passing new taxes or raising old ones. They aren’t as hard up to maximize collections of old taxes as Republicans are.
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Texas takes on Google as the state comes after the corporation on antitrust grounds. I’m not sure this is a good idea, any more than it was a good idea for the Clinton administration to go after Microsoft, but it’s probably even dumber for Google to obstruct the investigation.
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So, Cybersecurity. I’ve spent so much time talking about why the Lieberman-Collins Cybersecurity bill in the Senate is terrible, and anti-PROTECT IP champion Ron Wyden has taken up the opposition as well, but there is need for some enhanced ability of government to coordinate against and to attack Internet security threats.
Here’s a Reddit post that should scare people about the kinds of ongoing criminal enterprises that are out there, online, worldwide. Here’s the kind of research that demonstrates the need of the good guys to be open and to collaborate. Think about what happens when (not if) the technology that goes into these cash cow botnets (some run by Anonymous) instead goes into spying (some done by Wikileaks) and into terrorism (some done by Anonymous).
Cybersecurity is, on some level, easy to understand as an issue. We know there are people online who break into computers. Retransmission Consent is a tricker issue, as it’s regulatory inside baseball between local broadcasters and local cable providers. Two heavily regulated industries battle it out over a fine point of policy. It’s hard for a conservative to grapple with it, sometimes.
But I’m going to disagree with with this post by Gordon Smith and call television broadcasters the new manufacturers of buggy whips. Right now they’re still important for some people, to be sure, in the same way that some people will use a land line phone instead of wireless Internet to stay connected.
But younger people are moving away from it. “Broadcast-only” is a misleading term. I’m in that category, but not because I watch broadcast television. I watch pay TV. It’s just called Hulu, not cable.
Further, I doubt that broadcasters really are the best source of information anymore most of the time. People are using the Internet more and more without having a cord in the home to bring it in. iPhones, Android phones, and yes even Windows phones, are collectively taking over the phone market. In so doing they also take over the information market at home.
This is why it’s wrong to maintain the current retransmission consent rules, and why it’s wrong to try to block spectrum incentive auctions to encourage the shifting of spectrum from broadcasters to wireless Internet providers. Even if we thought it was legitimate for government to try to prop up broadcasters instead of opening the market, it’s pointless to have government stand athwart what the people actually want to spend their money on, yelling stop. We’ll just get run over, and hinder innovation in the progress.
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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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So we already had the coming FCC battle over Verizon’s attempts to acquire the spectrum it needs, the Senate fight over ‘cybersecurity,’ and a possible Congressional fight over Internet sales taxation. But now there’s a new issue to keep track of: the FTC is taking it upon itself to regulate the Internet on the grounds of protecting privacy. Jim Harper seems thinks it’s nothing new, but under the Obama administration, I’m more concerned. Still Adam Thierer also says it could have been worse, though, but also mentions those dirty words ‘personal responsibility.’ Can’t have that.
Democrats are eager to empower the Obama administration, of course. That’s why we need a Republican Senate to go with a Republican House.
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