Tech at Night

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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Tech at Night

Good evening. I’m considering shifting Tech at Night to Tuesdays, Thursdays, and Saturdays. But I might not. I’ll have to think about it.

So, more CISPA. The comparison with SOPA is absurd. I put out a challenge for anyone to refute the claim first by the Republicans and now by Facebook that there are no new mandates in CISPA. No takers so far. That’s because CISPA is not SOPA.

In fact I’m disappointed that CISPA backed down on copyright infringement, as that was the real reason for the CISPA objections. Anti-copyright radicals were angry about property rights.

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Tech at Night

I’m seeing some real panicked shouting online about CISPA, a new bill that some are calling “the new SOPA.” It’s absurd. The bill may not be perfect. It could have flaws. But the argument being hammered against CISPA again and again is that it may be used against copyright infringers who abuse networks. So? The only reason to oppose that is if you wish to destroy copyright property rights entirely, as the radicals do.

I warned about this way back during the SOPA debate. I predicted that the left side of the anti-SOPA coalition would try to hijack the movement into a general one against copyright, as the anarchists over there tend to do, and the shrieking over CISPA is proving me right. CISPA is not a bundle of mandates. It is an avenue to information sharing. Note that everything in CISPA is “totally voluntary,” per The Hill.

If someone and disprove that, and point to one or more mandates in CISPA, I’d like to know. Until then, the burden of proof is on the radicals to prove they’re not really out to protect Anontards and copyright infringers.

For now, it’s looking like CISPA is a solid response to The plans by the President and Democrats to expand government online, by regulating the Internet. Double regulating in fact, as every ‘critical’ industry is already regulated. So this whole “critical infrastructure” thing is more pretext than anything

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Tech at Night

The FCC may yet get what’s coming to it. It’s been going out of its way to get headlines as it tries to pick winners and losers in industry, but now the attention is coming from the House as the Appropriations Committee will discuss the FCC’s budget. Prepare for hysterical shouting on the order of the SimCity 2000 Transportation advisor if the Republicans threaten to cut funding.

Also, we’re back to discussing the Marketplace Fairness Act. As we’ve discussed before, this is a bill that would give Congressional approval to an interstate compact between the states to collect sales tax across state lines, requires member states to harmonize their tax rules to fit in with the interstate system. The bill is gaining Congressional support this time around. In theory I’m fine with this. It’s Constitutional and it’s reasonable. I disagree with Overstock.com’s complaints of complexity, because the compact imposes restrictions on the way the states can tax items, and also creates mechanisms to ease collection of the taxes.

All I would ask is that we get some safeguards in that make it impossible to include any sort of national sales tax in the system. We don’t want Canada-style taxation through the back door.

Also, Tech at Night is sending a raspberry to Rick Santorum for his Internet censorship plans. Are there legitimate social reasons to restrict pornography? Yes, just like there are legitimate social reasons to restrict alcohol. But regulating vice is not a Constitutional role of the national government. Keep it local, I say. If we can have dry counties then we can have clean counties. But the last thing we want is to empower the next Eric Holder to regulate Internet content, thank you very much.

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Tech at Night

I know, I know. The way that broadcasts travel across state lines, it’s important that some sort of national control step in, because the states can’t do it. But the way the Obama FCC operates, sometimes I wonder if it’s worth all the trouble.

Instead of working to ensure we have the spectrum we need allocated to the purposes we want, The Obama FCC constantly works as a roadblock, earlier against AT&T, and now against Verizon.

This same FCC is also, with apparently no objection from the President, actively and openly stonewalling Chuck Grassley and the Senate in attempts at applying reasonable oversight to the committee.

The FCC has too many secrets and tries to make too many decisions over the private sector. We have to fix this.

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Tech at Night

ACTA. The Anti-Counterfeiting Trade Agreement is Darrell Issa’s next project, as he’s not happy about the treaty. So, he’s put the treaty online for all to see.

I still don’t know of any specific reason to oppose the treaty. My understanding is that it basically brings the west in on the DMCA. There may be details I’ve missed though. The best argument against the treaty is a process argument: it’s a bad precedent to pass a treaty kept from the public the way ACTA has been.

In much more amusing news, Anonymous and affiliated online terror cells continue to get rolled up, in some cases with the help of members and leaders already caught.

They’re not anonymous. They have names. They’re not legion. They are limited in number. They’re not an unstoppable idea. They’re specific people who can be jailed. And we’re doing it.

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Tech at Night

Special Tuesday edition! Having been very busy hitting a launch window for a client, I had to skip Friday and Monday. So to make up for it, this week I start on Tuesday.

Riddle me this: FCC refuses to be transparent about its dealings with LightSquared (who by the way just changed CEOs, as the firm continues to flail desperately in response to the FCC’s LTE refusal), but FCC wants broadcasters to put files online. I’m with Richard Burr: Let’s look closer at that plan before we let FCC go ahead with it.

And speaking of the un-transparent FCC, Democrats are trying to talk down Chuck Grassley over his insistence on transparency, but have no fear: the House is now on the case.

The insistence by both the FCC and by LightSquared that no information be turned over to Chuck Grassley is itself suspicious. More investigation is essential.

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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

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

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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Nima Jooyandeh facts.