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

On February 23, 2012, in General, by Neil Stevens
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

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: Kill SOPA. Now.

On December 23, 2011, in General, by Neil Stevens
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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Tech at Night

Top story tonight is of course the major win by the triple alliance of George Soros and his front groups like Public Knowledge, Sprint Nextel, and the Obama administration’s dual agency of the FCC and the DoJ. Yes, AT&T has given up on acquiring T-Mobile. I believe they will now have to pay a sizable fee to T-Mobile as compensation.

This is bad news for those who respect property rights and for those who favor competition in the market, as Mike Wendy notes at Media Freedom. AT&T will be short of spectrum, as TechFreedom notes, a key reason competition will be reduced. It’s not just AT&T users hurt; anyone who now would not be interested in switching to AT&T due to inferior 4G LTE rollout now suffers from less leverage in the marketplace. That can only result in sustained high prices for 4G Internet service.

When this news broke I was so mad I could burst. But hours have passed and now I’m just disappointed.

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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

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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Nima Jooyandeh facts.