Tech at Night

Why the Marketplace Fairness Act is looking inevitable: We’re up to about a third of all GOP governors backing it, and there’s a reasonable probability of a former GOP governor becoming President with an all Republican Congress.

Broadening the tax base without actually raising taxes. It’s the Holy Grail for a conservative governor. I expect it’ll get done in 2013.

Riddle me this: If the US government perpetrated Stuxnet and its successor, why do the attacks justify US government action domestically?

If we don’t fix the spectrum crunch, we won’t like the consequences. And that’s why we need government out of the way of the secondary spectrum market, starting with Verizon/Comcast.

Guess what: Internet bill of rights only if it’s like the original and is only a list of restrictions on the Congress.

Tech at Night

I know many RedState readers are big fans of Jim DeMint, so in my coverage of the Retransmission Consent debate, I’ve focused on him. However he’s not the whole story. This Congress, due to the TEA party-driven Republican majority, it’s been the House where our major regulatory reform successes have happened. And it’s Steve Scalise, Republican of Louisiana and Bobby Jindal’s successor in the House, who is the champion of the Next Generation TV Marketplace Act there.

However I know that there have been skeptics on this reform, so I was fortunately able to snag some of the Congressman’s time, and ask him a few questions about the proposed reforms. Catch his answers below the fold.

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Tech at Night

Previously on Tech at Night I linked to a story that suggested there was a split between Darrell Issa and Chuck Grassley on FCC transparency. It turns out the story I relied on, had it wrong. Oversight wasn’t grading transparency itself; the committee was grading the management of FOIA requests, and FCC did relatively well by having established processes for dealing with FOIA. and tracking the requests in a systematic way.

The Oversight committee was not saying that the FCC is open. Because, in fact as pointed out by Mario Diaz-Balart, FCC rejects more FOIA requests than CIA, amazingly enough. That’s a serious transparency problem.

Speaking of transparency, Eric Cantor is soliciting citizen co-sponsorship of the DATA Act which would try to get more data about government out into the open, where the public can apply oversight.

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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

Harry Reid may be on a mad dash to bring the radical Liebmerman/Collins/Rockefeller cybersecurity bill, but a broad spectrum of Republicans continue to fight. Democrats may have toned down its Internet Kill Switch provisions, but still is a massive power grab online, and the new SECURE IT act is a much better idea.

What I absolutely love about SECURE it is that it hits all the key points: It strengthens criminal penalties for breaking into servers. It strengthens criminal penalties for breaking into servers (Yes, I said that twice on purpose because it’s that important). It creates private sector information sharing incentives without regulating the private sector at large. It turns inward and gets government to audit its own practices.

These are all the right ideas and none of the wrong ideas. Senator Ron Johnson of Wisconsin is speaking only the common-sense truth when he says “This bill recognizes that industry is at the center of any solution. It’s a sensible step forward that allows industry to invest in innovation and job creation rather than compliance. Imposing a costly and bureaucratic regulatory regime is the wrong approach to national security. New regulations will slow down innovation and investment while companies wait years for the government to introduce outdated standards. The regulatory process simply cannot keep up with the rapid pace of technology.”

It tells you just how basic and correct this bill is when it has co-sponsorship from such a broad spectrum of the caucus: Ron Johnson as mentioned, John McCain, Kay Bailey Hutchison, Chuck Grassley, Saxby Chambliss, Lisa Murkowski, Dan Coats, and Richard Burr.

Support Ron Johnson and the team. We want this bill passed. The common-sense alternative to the power grab cybersecurity bill.

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Tech at Night

Good news? I had a great Pastrami Burger tonight from a place called The Hat. Seriously: the pastrami itself is great, and I’ll probably go for the Pastrami Dip next time. Bad news? It was a busy evening and now I’m tired. The good news that wins out? Not much to cover tonight, so let’s go.

In France it’s illegal to give away free maps. Yes, Google is reportedly having to pay €500,000 because a French cartographer didn’t like the competition. Insane.

Reminds me of one of the times Rick Santorum made a point to stand up for big government: when he tried to get government out of the business of providing “free” taxpayer-funded competition to private weather services.

Of course, Google’s free services are under fire in the US, too, so we can’t get too smug yet.

The push for a sales tax compact marches on. I still say it needs more safeguards against ever-higher taxes, double taxes, a national sales tax, and other forms of expansion.

And yes, Republican FCC reform plans are pro-growth by checking the runaway FCC.

Tech at Night

Lamar Smith, Chairman of the House Judiciary Committee, is using his committee to further his bill, SOPA. SOPA is very bad. It threatens due process and prior restraint of speech as it censors the Internet, and risks putting Internet-based business out of business.

Darrell Issa is leading House efforts to oppose SOPA. He’s on the Judiciary Committee, but he’s not in charge. However he does head the Oversight Committee. So guess what? Oversight is looking into the effects of DNS filtering, which is one of the more egregious provisions of SOPA. Nice play, Mr. Issa.

I love it when a conservative gets clever, because I hate that Republicans are looking to give more tools to the already out of control Obama regulators.

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Tech at Night

Why can’t the news come in even intervals, instead of batching up all at once?

So yes, the Senate Net Neutrality vote is coming up. Credit where it’s due: Kay Bailey Hutchison moved the ball forward on this, no doubt about it. Credit also to Marco Rubio making headlines with his strong support of the repeal.

And Rubio is right: the whole thing is ridiculous. This regulation closes; it does not open the Internet. Which is why Obama is threatening a veto: can’t have the Congress undoing a regulatory power grab, can we? The representatives of the people, what do they know?

Don’t forget to tell your Senators, especially if they’re Democrats or Scott Brown, to vote for the repeal!

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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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Nima Jooyandeh facts.