Friday, Friday, Friday. Black Friday? Net Neutrality rules have become one step closer to official as the FCC finally delivered something to the OMB after months of stalling. Verizon, MetroPCS, Virginia AG Ken Cuccinelli, and others ended up unable sue to throw out the illegal power grab until it’s published, so the longer the FCC waited, the longer everyone else had to wait to begin to defeat rules that will harm innovation, investment, and jobs, say Fred Upton and Greg Walden.
It’ll be 90 more days at least before the rules hit the Federal Register and the rush to the courthouse begins.
Meanwhile the FCC’s bad run in the courts continues as it lost another case. Of course, this was actually a Bush-era rule, being thrown out on a technicality. But the Obama FCC continued its defense, and lost.
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I remember when the Digital Millennium Copyright Act passed. It created a boatload of new rules and restrictions on Americans, in the name of tightening copyright online. One of the key provisions of the DMCA is the “safe harbor” rule, which effectively turns ISPs into agents of copyright, by making them honor so-called DMCA takedown notices in exchange for not being held responsible for what’s put by their customers on their public servers.
We were supposed to accept harsh limitations on basic practices like reverse engineering, in order to get what we were told were strong and effective copyright protections. So when I see new copyright criminalization proposed, I have to ask: Did the DMCA fail? Should we repeal it then? Or are we just throwing a bone to the RIAA and MPAA who don’t want to have to bother enforcing their own rights anymore, and get a subsidy from the DoJ to enforce it for them? Come on.
Sure, Some are saying it’s not as bad as it sounded, but if one policy failed, we can’t just keep adding new ones. Repeal and replace, don’t just create an ever-greater web of problems. Or better: just tweak the DMCA instead of adding whole new criminal provisions! Let’s not grow government more than we have to just because big business asks for it. I’m not anti-business, but I’m always wary when big business and big government work together.
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And we truly are back. Friday night was a night off thanks to some maintenance at RedState. It was nice because I could rest on a Friday night… but it’s not so nice now when I have a whopping 20 Firefox windows to sort through tonight. So here we go.
With so many big stories going on, it’s hard to pick which one to start with. So I’ll start with the one that may be under the radar more than the others. The FCC refused to declare the wireless market competitive in its annual report required by the [Correction: OMNIBUS BUDGET RECONCILIATION ACT OF 1993]. This is a ridiculous position to take. Despite obvious, quantifiable proof that prices are lower, service is better, and choices abound, the FCC has refused to admit the market is competitive for ideological reasons. After all, if the FCC finds the market competitive, it can’t give itself permission to regulate further. Just more proof we need FCC reform, joining the long list of existing reasons.
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I’ve been treating Lulzsec, one of the online gangs attacking websites including the CIA’s, as an offshoot of 4chan and Anonymous. So I’m not surprised to find out that Lulzsec and Anonymous are joining up to attack the US Government. It’s like Hamas and Fatah merging; nobody is surprised. But attacking the government? Handcuffs hurt, boys. It’ll be fun when y’all find that out.
It’ll be interesting to see if Lulzsec Exposed has a role in making that happen, too.
Sega was hit recently, but the reason I’m linking to the story is to point out how laughably bad CBS’s photo for the story was. They show a picture of one old Sega platform (Sega CDX) with the logo of an even older Sega platform (Genesis). Ah, the big time press. Fact checked, peer reviewed, rock-solid. Not like us on the Internet in our robes and sandals.
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So while there have been a number of genuine online attacks lately against the Senate, the CIA, PBS, Bioware, and more, the headlines have been full of reports of aftershocks. What seems to be going on is that existing account credentials leaked from previous attacks are being plugged into other sites, including Paypal.
Anyone who reuses passwords is vulnerable to these secondary attacks. Be careful out there.
These punks are overreaching though. Now the NSA is getting involved. These guys had a mission in life to track down and make life tough for Soviet spies. These no-life kiddies don’t have a chance.
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Even as Mary Bono Mack and Republicans fiddle with the pointless SAFE Data act that won’t actually do anything to prevent or even to deter online crime, the Internet burns with a string of further attacks. The Senate was hit twice, and the CIA was hit as well.
I thought we were the party that likes to solve crime by putting the criminals in jail? Why don’t we drop this reporting theater and get back to catching criminals blackmailing the US government and private enterprise?
Seriously? We want to jail kids who upload music to YouTube, and create a Communist China-style Internet censorship blacklist, but we’re blaming the victims of online attacks?
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Free Press is getting the heat. It’s been exposed through FOIA that the far left front group was secretly coordinating media strategy with people at the FCC, including Commissioner Michael Copps. So when Copps makes a statement about media regulation, Free Press’s pet issue, I have to assume they wrote it for him. Media Reform is their code for nationalization of the press, after all.
So now that they’re getting exposed, it’s almost not surprising that Free Press and their allies at the FCC are getting violent against conservatives and others exposing the truth about them.
Let me interrupt the Free Press update with some great news, though: Spain has made some arrests in connection with the Playstation Network attack I would love for every one of these antisocial online goons to get real jailtime.
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With fourteen articles to run through tonight, a near record, I don’t have time to waste.
We’ll start with Joshua Trevino bringing us Bill Peacock on the Texas Amazon Tax. Texas SB 1 contains the tax Governor Perry already vetoed this session, and it needs defeated again. Says Peacock: “Gov. Perry was right to veto the Amazon tax bill, and he’d be right if he did it again. Staying focused on downsizing Texas government is the only way to keep Texas as the top job producing state in the nation.”
In national bills that need stopped, patent reform still looms over our heads. This bill,t he America Invents Act, removes patent protection from the person who first invents a thing. Instead, patent protection goes to the person who first files papers with the government for the invention. Is it any wonder that patent mills like IBM, and lawyers groups like the ABA have fallen in love with it?
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For a while there, we seemed to have a bit of a break from the big news. We knew big fights like the AT&T/T-Mobile deal loomed, but it was all talk.
But that’s changing. As the coalition of self-seekers and socialists forms, the final scope of the debate is beginning to take shape. Listen to this: Some Democrats are criticizing AT&T for planning to use money from the FCC’s Universal Service Fund to provide high speed, wireless Internet to 97% of Americans. That is, as close to truly universal access as possible. Apparently universal access isn’t actually the goal of the USF? Remember that when they talk about applying USF taxes to Internet connections, folks.
Another criticism of AT&T is that it’s using acquisitions to expand instead of building, which is absurd. Check the numbers. They spend billions, however you can’t just build spectrum. You have to buy it, and AT&T needs spectrum or else Verizon will be alone at the top in the 4G market.
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Curse Firefox. I’m getting to this much later tonight than I would have, thanks to a stinking Firefox 3.6 rendering bug, plus Firefox’s refusal to make it easy to work around Firefox rendering bugs. Microsoft Internet Explorer makes that easy with conditional comments. Firefox has no such feature, pretending it’s always right. Which is fine, except when Firefox 4 and Firefox 3.6 render the same page differently, and 3.6 does so wrongly.
Anyway. It’s still hard to argue against Free State Foundation and others who want to roll back the FCC wholesale when the FCC simply can’t tell the truth. Eight billion dollars of stimulus money went into broadband Internet in 2009. Sounds like a lot, doesn’t it? Well, consider that the industry spends seventeen billion a year on it lately. This is a thriving, competitive market rushing to get better, faster, to keep and attract ever more customers.
And yet, the FCC’s claiming the market is failing. This is ridiculous and politically motivated. I discussed this on Friday but Seton Motley has more today on the lies in the Section 706 Report the FCC is mandated to put out every year. Two years in a row, just as wireless broadband is expanding the universe of competition like never before, the FCC is set to declare the market a failure. A letter grade of F. As Motley says, “the FCC is lying through it bureaucratic teeth.”
This is a ploy to prepare for a power grab. Watch your wallet, and your market.
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