Monday night, as promised, we still have some catch up work to do. So let’s start with those Amazon Taxes, those Internet sales taxes of dubious Constitutionality. Colorado’s got tossed in federal court and Illinois’s didn’t raise any money. Obeying the Constitution counts, folks. Pass a true interstate compact through the Congress first.
Also as promised, there’s the matter of the Next Generation Television Marketplace Act. This is the one where ACU has come out against Jim DeMint, and that caught my attention. I have to side with the bill DeMint is sponsoring. I think ACU simply misunderstood what’s at stake here and had good intentions, but the excessive complexity of the regulations defeated them here.
The bill does not let cable providers become free riders, retransmitting others’ streams for free. It just stops the law from trying to dictate the parameters of the negotiations on retransmissions. I see no harm in that, and potentially much good.
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I’m back, having gotten myself and my worldly possessions from southern California to northern Virginia. I also have a backlog of items that I’m never going to cover completely tonight, so some issues are going to wait until Monday. So please, check back Monday. There are things I’d love to cover tonight, but I simply lack the time.
Let’s start with Marsha Blackburn (R-TN) and Carolyn Maloney (D-NY) joining up to press Google to do something about the advertising of human trafficking services. Some people are going to have a knee-jerk reaction to this, call it a for-the-children threat to censor. But it’s not. The “child pornography” card gets pulled for all sorts of power grabs, but this isn’t about pictures on the Internet, either of real or made-up people. This is about the actual kidnapping and enslaving of people, including children. That is legitimate cause for action.
And note that Blackburn is would be perfectly happy for Google to do something about it, setting an industry standard, and end the need for government action of any kind. That’s commendable. Because you know what? Industry can act to emulate the effects of legislation and do so more effectively than government ever will.
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Am I tired of expressing dissatisfaction with the Obama FCC and other government intrusions? Never!
Al Franken is setting up an unfalsifiable rationale for government action against Verizon and Comcast. Gotta love that, eh?
I’m sure he, the FCC, or both will try to overturn the courts who say bundling is not anticompetitive. I like bundling. It saves me money when I’m buying both things anyway. Then again, I like choices in the marketplace.
Why we want FCC subsidizing tablet makers though, I have no idea.
Chuck Grassley’s threat seems to be working at least, as FCC starts to break down on LightSquared transparency, a necessary step toward being able to confirm the President’s new appointees to the commission.
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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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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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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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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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The big stories this week continue to be LightSquared and cybersecurity. Even as House Democrats complain about government doing too much, incredibly, we see that Senate Democrats are so inflexible that John McCain is in a gang of Republicans to fight the Democrats on the cybersecurity bill. Consider that. That’s how extreme Harry Reid, Joe Lieberman, Jay Rockefeller, and Susan Collins are on this. John McCain is putting together a team to make a Republican bill with Kay Bailey Hutchison and others, rather than sign on with a Democrat on a bill. Danger, Will Robinson! Harry Reid is that much of an extremist!
Reid is rushing to pass it, but details come out anyway, such as an attack on FOIA. Transparency! Not.
Speaking of transparency, the firm that the Barack Obama FCC has remained oddly silent on, and that insists the FCC should remain silent on, is ready to go on the offensive. It almost seems like LightSquared bet the company on this, and will go down swinging. They may end up making a spectrum trade though, which if workable would be interesting.
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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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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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