On Monday I did the first half of my catchup work. Now we’ll do the second half. And one of the big issues coming up is copyright. Over the last thirty years, copyright in America has been radically reformed. While traditionally it worked as patents still do work, as a temporary grant of monopoly enforceable in civil courts, we’ve gradually moved them into the realm of criminal law enforced indefinitely. And I believe we’re gone too far in that direction.
So when I hear about the COICA, a new copyright and counterfeiting law promoted by the Obama administration, I’m concerned. At a fundamental level, the COICA would give too much power to government to solve a problem that doesn’t actually exist. No, copyright is not at serious risk in America today. It is simply certain business models that are failing, and it is not the place of government to try to prop them up.
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I don’t want to go the full Jim Anchower on you all, but the end of the week has been a bit rough on my end. My Internet connection is going full on Neutral on me, by which I mean it’s been going offline as much as it’s online, including a big 8 hours of full downtime at one point. If it weren’t for my new iPhone 4 I’d be even worse off.
Maybe I should be like Netflix, who continues to ride the Net Neutrality fad to get its own subsidies. Yes, Netflix now wants all of us, everyone who pays for Internet access at home, to subsidize Netflix users. Hey, that’s good for me, since I’m a subscriber and even dropped to Internet-only as soon as it was available, but I wouldn’t feel right supporting it.
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The big story as we close out this week is Verizon appealing the FCC’s Net Neutrality order. Verizon is choosing to go back to the DC Circuit Court of Appeals, the site of the last Net Neutrality legal fight. That was the Comcast v FCC case, lost by the FCC because the FCC simply doesn’t have the legal authority to do it. Some say it could set up the FCC for another loss for Net Neutrality II to be fought out there.
In fact, Verizon is doing all it can to get this decided the right way. Verizon is arguing the DC Circuit is the only place this should be resolved, on the grounds that the FCC is essentially modifying Verizon’s wireless spectrum licenses. Clever. Also interesting is the request that the Comcast v. FCC panel be assigned to this appeal, on the grounds that the judges involved won’t have to waste time getting up to speed on the issues. A friend told me Verizon had some clever lawyering going on with this. Not being especially familiar with regulatory litigation, or even a lawyer at all, my ability to judge that is limited, but what I’m reading suggests it’s true.
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I went ahead and took Martin Luther King day off, so it’s a double dose of stories to cover tonight. Though first, in case you missed it, make sure to see my post today on Marsha Blackburn‘s call to action against stifling, destabilizing Internet and technology regulation.
Other than that, the big story this week so far has been the FCC finally approving the NBC Universal/Comcast merger. I don’t even know why the center-left is even supposed to be worried about that merger at this point. After all, they passed Net Neutrality, right? Anyway, it’s a real shame that this approval has only come with a number of special set asides for left-wing causes, but as I’ve said before, I’m guessing the shareholders will take what they can get after all of this delay.
Of course, the neo-Marxists are sobbing hysterically about this development. Let’s all pause, lower our heads, and take a moment to laugh at Free Press’s Josh Silver.
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Republicans are eager to get to work against the President’s regulatory bypasses of the last two years. Cliff Stearns promises “aggressive and rigorous” oversight of Internet, Energy, and Obamacare, says Hillicon Valley. As the Chairman of the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee, that’s no idle threat.
Meanwhile Energy and Commerce Chairman Fred Upton is looking forward as well as backward, by looking to guide the FCC proactively on the issue of increasing the wireless spectrum available for Internet access. I think it’s usually better when legislators lead rather than letting those unelected, unaccountable regulatory bodies go off on their own, so I’m glad of this.
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Now that the FCC has made itself the center of attention by planning a big power grab online, it may be the case that the FCC gets some unwanted attention. The Free State Foundation is calling out the FCC for not being very open even as the FCC is calling for an Open Internet™. Here’s the punchline, but read the whole thing, and that’s not something I say often in this space:
But preserving the Open FCC is much more fundamentally important to the public, over the short, medium, and long term. I have my doubts concerning how the FCC’s dumping of 1900 pages of documents into the public record on the eve of the date it cuts off public participation is consistent with preserving an Open FCC.
The last time I saw a data dump this bad was when Saddam Hussein was toying with the UN Security Council. That’s just great company for Julius Genachowski, FCC Chairman, to have put himself in.
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Happy Weekend. As I write this it’s already the 11th, so you have two shopping weeks left before Christmas. Oops, is it still legal on the Internet not to say Holiday?
Some quick hits for the weekend as we continue to wait on the FCC to explain itself and its plans for radical new Internet regulation.
George Ou points out that if Netflix gets to demand free peering with Comcast, then Netflix ought to demand free shipping over the postal service. After all, if neutral means free, then that’s the next step, right? Just shows how absurd the radicals really are in all of this. Network investment costs money and that money must be recouped with profit, or else that investment isn’t going to happen.
And again, if that investment stops happening, we all lose out.
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Oh boy, I’m tired tonight. It would be so tempting to give Tech at Night a pass tonight but I have clothes in the dryer anyway, so let’s go.
Let’s talk about Net Neutrality. In fact, let’s talk about who’s funding the voices supporting Net Neutrality. Bob Parks of Black and Right and posting right here at RedState did some digging and found that CREDO Mobile is funding some Net Neutrality advocates. And the Net Neuties claim they have no Evil Corporate Interests™ behind them. Never let them forget that the FCC acting on this issue is the FCC choosing to favor one set of corporations over another. And the losers are those that invest in the Internet… and we all know what happens when we punish investment in the internet: we get less of it in the future.
That’s why we’ve got to minimize the damage done by the FCC this month. We need a light, light, light touch if we have to have regulation at all.
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Hello! The big story that we’ve been following with Tech at Night since the beginning has been Net Neutrality, but right now we’re still stuck waiting on this issue. Republicans aren’t going to act on it until January at the earliest, and we aren’t going to know what (if anything) the FCC will do on the issue in December until they tell us. So we wait, spread the word on why it’s not needed, and of course get loud against the radicals.
So until then, we return to what was once the big tech issue, and what might again become the big tech issue: Copyright.
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I know it’s a big day for Net Neutrality when I wake up and my Email Inbox is jammed full with links, so many basically saying the same thing: The FCC is on the move. I’m told it all goes back to a November 15 speech by FCC Chairman Julius Genachowski, in which he expresses an urgency for the FCC to pass a bunch of new rules quickly. It’s a crisis, he says.
He then called out Google and Verizon, saying that their temerity to contribute to the debate “slowed down some other processes.” You see: the whole process of talking to industry is apparently a sham, and the only speech that counts is speech that leads the FCC closer to the Obama administration’s predetermined outcome.
And it’s that Net Neturality outcome we may be nearing after all. That’s the Red Alert.
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