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 Well, the latter deal has been withdrawn from the FCC, so now what’s the hold up?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

It’s Monday night, so naturally we start now with my weekly appearance at the Daily Caller. This week I finally got around to reading up on the Carrier IQ scare, and decided it was just a scare. Smoke, but no fire. Keep calm and carry on, people.

How about some spectrum? Jerry Brito takes on the thorny issue of civil defense/first responder spectrum and the D Block, while Ernest Istook points out spectrum sales are only a short run budget fix. Regardless of budget concerns, though, we need more spectrum dedicated to mass market Internet. Competition, jobs, innovation.

Oh and it turns out the ARRA was terrible at job creation. Big surprise, huh?

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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

There’s been a push lately to attack punitive, unfair taxes on wireless service, one that Erick Erickson signed onto, and was advertised at RedState. Ironically I only found out about it because I saw the ads while working on the code side of the site, but that’s how it goes sometimes. Anyway, that movement seems to have gotten a win, as the House passed the Wireless Tax Fairness Act, a 5 year freeze on new wireless taxes. Sounds good to me.

SOPA, the House answer to the Senate’s PROTECT IP, isn’t dead yet, unfortunately. This attempt to have the US government censor the Internet, and in fact forcibly steal domains from people, and cut off Americans from the rest of the world online, incredibly is being considered by House Republicans. Copyright apparently is sufficient justification for government of unlimited size. Kill the bill.

And what’s worse is that Republicans are being dragged along as dupes to help Democrats continue to justify huge Hollywood fundraisers by smacking the Internet around to favor the movie industry. Which is probably why the MPAA is trying to stifle criticism of the bill. Kill the bill.

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Tech at Night

Last week I noted that the FCC is officially moving ahead with its new subsidy program. The administration will convert the Universal Service Fund – currently taxing the public and handing it out to rural telephone carriers – into a grab bag of Internet subsidies. The rural phone companies are unhappy, and everyone else is racing to get a cut. C Spire, apparently serving many rural southern customers, says the order “runs counter to the administration’s goal of promoting broadband deployment.” The Tech/Users Coalition, a group that includes Obama allies Google and Sprint, calls the USF “antiquated” and cheers the reform effort, while pressing for as much subsidy of Internet connectivity as possible. IIA also supports the effort.

Look, I don’t blame any business for looking to get a cut here. The money’s there, it’s perfectly legal, and that’s the way it is. Nobody squawked at the rural carriers collecting checks all these years. But that said, I hope Republicans will look to repeal all of this in 2013.

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Tech at Night

Top story is easy to pick tonight. The legislation that’s been known in the Senate as PROTECT IP, the Internet censorship blacklist bill that promises to make a huge power grab online, Communist China-style, has come to the House. They’re calling it by two different names: E-PARASITES and Stopping Online Privacy Act, but by either name it’s just as bad.

Even as the current laws do work, this bill expands government, and puts the government’s thumb firmly on one side of the scales balanced by the DMCA. Current law attempts to provide a balance between the rights of all of us online, and the rights of copyright holders accusing others of infringement. PROTECT IP/E-PARASITES/SOPA would give copyright holders private nuclear options to knock sites offline, and government would enforce it.

No, really, how bad is it? It threatens, Twitter, Facebook, and Youtube, three critical tools used by conservatives and Republicans against this administration, and this House bill would arm this administration against them. It’s insane. It’s just so poorly thought out. PROTECT IP also removes safe harbor concepts critical to the DMCA that gave ISPs reason to be fair to the little guy when pounded on by the big guy. No more, should this pass.

PROTECT IP. SOFA. E-PARASITES. I don’t care what you call it, creating national censorship blacklists to be enforced by law by all ISPs is just a terrible idea. Censorship by its very nature hinders public oversight of that censorship. In fact, some of the first things they censored in Australia’s version were lists of things censored, which meant when the censorship expanded to other topics, any discussion of that was threatened with legal action.

Kill this bill.

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Tech at Night

Mary Bono Mack, pay attention: Here’s the model for any privacy ventures you should attempt: voluntary action by private individuals, educated by simple government actions. If you really must get government involved, teach the people to fish, so that they can protect their own privacy for a lifetime.

Because if we insist on regulating the Internet problems of the moment, not only do we expand a government that’s already to big, we risk looking pretty stupid, too. Ah, Prodigy. I never did get their modem to work.

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Tech at Night

Late start tonight for Tech at Night. Sorry, but I’ve started a plan to get myself out of California, and to be honest I’m more than a bit nervous about the whole thing. Looking for new work in the Obama economy? Yeah.

But at least Marsha Blackburn wants to help the tech job situation by taking on Barack Obama’s twin regulatory nightmares of the FCC and the FTC. The EPA isn’t so hot, either.

Seton Motley is still plugging away against Net Neutrality, too, referencing Phil Kerpen’s new book: Democracy Denied on the Obama regulatory scheme to bypass the Congress when implementing radical ideas.

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Tech at Night

Oh for crying out loud. For all that Washington talks tough about getting Americans access to high speed Internet, the “supercommittee” wants to tax new spectrum licensees. That’s just what we need: make it more expensive to build out America’s wireless infrastructure in order to pay for the President and his Cabinet to hand out money to their friends and political supporters. Isn’t that special? Here’s a joint letter against it from a number of industry groups.

Then you’ve got Dick Blumenthal, Al Franken, and Amy Klobuchar, leading the charge for the Democrat-controlled Senate that hasn’t passed a budget in 900 days, but wants to get government involved on what can or can’t be called 4G wireless Internet. Great prioritization here.

Spectrum’s important, though. Merely having access to a solid Internet connection lets Americans ave lots of money every year. Not just from being able to buy online, but also from gathering information, and simply from being able to stay at home. IIA did the math and American families each can save thousands of dollars a year online. And we’re busy regulating, taxing, and harassing firms like Google and AT&T, instead of getting government out of the way of investment. Yes, I’m frustrated.

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Nima Jooyandeh facts.