Tag Archive | "fcc"

Tech at Night: CISPA is not SOPA until proven otherwise, Cybersecurity and copyright battles rage on


Tech at Night

I’m seeing some real panicked shouting online about CISPA, a new bill that some are calling “the new SOPA.” It’s absurd. The bill may not be perfect. It could have flaws. But the argument being hammered against CISPA again and again is that it may be used against copyright infringers who abuse networks. So? The only reason to oppose that is if you wish to destroy copyright property rights entirely, as the radicals do.

I warned about this way back during the SOPA debate. I predicted that the left side of the anti-SOPA coalition would try to hijack the movement into a general one against copyright, as the anarchists over there tend to do, and the shrieking over CISPA is proving me right. CISPA is not a bundle of mandates. It is an avenue to information sharing. Note that everything in CISPA is “totally voluntary,” per The Hill.

If someone and disprove that, and point to one or more mandates in CISPA, I’d like to know. Until then, the burden of proof is on the radicals to prove they’re not really out to protect Anontards and copyright infringers.

For now, it’s looking like CISPA is a solid response to The plans by the President and Democrats to expand government online, by regulating the Internet. Double regulating in fact, as every ‘critical’ industry is already regulated. So this whole “critical infrastructure” thing is more pretext than anything

Speaking of copyright, Adam Theirer suggests a parallel between copyright over-regulation and privacy over-regulation. I can see what he’s getting at, but there is one key difference between the two: copyright is a Constitutionally-enshrined principle. The nebulous concept of privacy, which in practice often amounts to buyer’s remorse of people who give away their information in exchange for free services, but then regret it, is not.

That said, when Obama talks about a huge new Privacy regulatory scheme, I worry. FCC is already grabbing power online through Net Neutrality. The administration and Lieberman-Collins are trying to bring DHS online. Now Obama wants FTC online, too?

Remember that “retransmission consent” scuffle between Jim DeMint and the ACU? DeMint is supporting a bill that would deregulate the process by which cable companies negotiate to retransmit over the air broadcasts. Here’s a defense of ACU’s position. I would suggest that we remember the fundamental reason for retransmission consent rules: a desire to have government protect over the air broadcasters from being stepped around by cable companies. All local broadcasters have to do in order to keep their feeds from being swiped entirely, is to include copyrighted content that would be illegal to be rebroadcast.

So that’s not the fear. The fear is that cable companies will negotiate directly copyright holders to rebroadcast the specific works, without keeping the Local News at 11, shutting out the local broadcaster entirely. The fear is an open market and free wheeling competition. So I support the DeMint plan. Defang the FCC.

So let’s have some more FCC: Bloomberg apparently wants Cable Neturality against Comcast, demanding government regulation of channel lineups. Give me a break. I don’t want Nanny FCC dictating channel numbers.

FCC seems to be doing the job of GSA by trying to facilitate potential government contractors. Now why would they do that? Oh right, the Obama GSA is corrupt.

Attention Brian Bilbray, Joe Pitts, and Lindsey Graham: You are allying with John Kerry. Pull up now before it’s too late. Defense came out against the LightSquared plan. FCC ruled against it. The combination of the two seems pretty conclusive, particularly when FCC is obstructing Chuck Grassley on the matter of favoritism in favor of LightSquared.

Trademark Wars: Rosetta Stone goes after Google. I don’t know, if your name is Rosetta Stone, that’s a pretty generic name for translations. There may or not be a legitimate case for calling AdWords shenanigans trademark dilution, but a generic name like Rosetta Stone, based on an actual historical object, seems like a bad case for me.

Jim DeMint sounds skeptical on the matter of a sales tax interstate compact. DeMint suggests that the compact is a way for high tax states to avoid having to compete for jobs, and that the net effect is a tax hike. I think that’s a reasonable position, but I disagree. I think if we reform sales tax in this way, and add careful safeguards to avoid a true national sales tax, this could broaden tax bases and allow states to have simpler tax regimes. Tax simplification has benefits as well, as Ronald Reagan saw in 1986.

It’s on: The Holder DoJ is suing Apple for working with book publishers to try to rig the online book market against Amazon and book purchasers, as buyer and seller tried to rig the market for the agency pricing model to prop prices up higher.

There may be facts that haven’t come out, and the law against this may or may not be good, but as it stands, they sound pretty guilty to me. It doesn’t help that the key information about this seems to have come out in a post-mortem Steve Jobs biography.

Posted in News, Politics, RedStateComments Off

Tech at Night: Illegal Amazon Taxes fail, DeMint modernizing cable, thorny copyright issues


Tech at Night

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.

Here we go again. Apparently we’re supposed to be unhappy with the CISPA information sharing bill by Mike Rogers and Dutch Ruppersberger because it potentially could be used against copyright infringement. And SOPA is invoked against that. SOPA wasn’t defeated because everyone hates copyright. It was a power grab. Take your anti-copyright anarchy battles home, Reddit kiddies. You and your Anontard buddies.

More cybersecurity still: We cannot and must not have DHS start regulating the Internet. Government can’t even secure itself yet and so has no standing to dictate to others. Information sharing in the private sector, without government gatekeepers, is far more useful for protecting our country’s Internet resources. Further, with the irrationality and secrecy of TSA and its regulations, how can we trust them at all?

Going back to SOPA, Comcast was apparently for it, which doesn’t surprise me. Comcast is an ISP particular vulnerable to Bittorrent users flooding the network with high volume copyright infringement dragging down service for everyone.

Is a problem with tech patents, including software patents, that the system isn’t scaling well? Size, not just speed?

Apparently all the fuss over FCC reform, using white spaces as an excuse to oppose all FCC reform out of the Congress, was resolved with white space use marching on. This could be interesting. We’ll have to watch and see how it works, or whether we just get a tragedy of the commons.

An interesting development in the Do Not Track saga: Radicals and businesses are interpreting them differently, but frankly, the interpretation of the radicals is stupid. There already is a way to not be tracked at all, and not just exclude third parties: Disable cookies, dummies. The radical agenda apparently to be promoted by the FTC is out of touch with the actual technologies involved.

Apparently the FTC folks don’t understand that if you don’t want tracked by, say, Amazon’s recommendations, then you simply shouldn’t log into Amazon all the time.

LightSquared may be on the verge of bankruptcy, but Chuck Grassley is still fighting tenaciously for FCC transparency with respect to LightSquared, and is going to maintain his holds on the new FCC appointees. Go Chuck Go!

Here’s a potentially huge deal in the tech/copyright nexus that I hadn’t heard about at all Google is under concerted attack by a number of copyright holders in a move that potentially risks undermining the whole DMCA safe harbor system. Google has taken many steps to curb copyright infringement on YouTube, but they’re being dogpiled upon anyway by firms going after those deep pockets. If being a rich and popular website that gets taken advantage of by copyright infringers is enough to knock down the Safe Harbor, then it seems to me that the entire Safe Harbor system of the DMCA is at risk. That’s not good, as that was a careful balancing of interests in that bill. We cannot let the scales get tilted one way.

If the Youtube case goes too far, new legislation may be needed, and that’s going to be a big old mess. Especially when the MPAA and RIAA interests will inevitably be comingled with legitimate international concerns of Chinese and other foreign firms ignoring US copyrights

Posted in News, Politics, RedStateComments Off

FCC to vote on political ad disclosure at end of April


Opponents of proposed rule say it's an attempt to subvert Citizens United decision

Posted in Daily Caller, Fox News, News, Politics, TechComments Off

FCC FOIA denial rates higher than CIA for ‘records not reasonably described’


FCC FOIA denial rates higher than CIA for 'records not reasonably described'

Posted in Daily Caller, Fox News, News, Politics, TechComments Off

Resistance to FCC broadcast disclosure rules for political ads puzzles advocates


New rule would require broadcasters to make funding information available online

Posted in Daily Caller, Fox News, News, Politics, TechComments Off

Tech at Night: FTC makes a move, FCC still trouble, NAM backs SECURE IT


Tech at Night

So we already had the coming FCC battle over Verizon’s attempts to acquire the spectrum it needs, the Senate fight over ‘cybersecurity,’ and a possible Congressional fight over Internet sales taxation. But now there’s a new issue to keep track of: the FTC is taking it upon itself to regulate the Internet on the grounds of protecting privacy. Jim Harper seems thinks it’s nothing new, but under the Obama administration, I’m more concerned. Still Adam Thierer also says it could have been worse, though, but also mentions those dirty words ‘personal responsibility.’ Can’t have that.

Democrats are eager to empower the Obama administration, of course. That’s why we need a Republican Senate to go with a Republican House.

They’re not calling it Net Neutrality now that it’s all about restricting choice and empowering government to regulate the Internet, but the George Soros-funded Public Knowledge is called for Net Neut action against Comcast. On the Open Internet, your choices of Internet service are closed to what government decides you are allowed to have.

More FCC: the push continues for the FCC to continue to be a spectrum roadblock against Verizon, contrary to every goal of universal access it claims to have. That’s because universal access is supposed to be code for subsidies, not actual pro-growth, pro-investment policies that allow market signals to guide spectrum to the more efficient uses.

Naturally the White House opposes FCC reform which would return power back to legislators, not regulators. Can’t have that. Too much respect for the Constitution, which is over 100 years old.

I’ve actually been reading up on export controls lately, so when I see this seemingly-harmless plan to control export of censorship technology to unfree countries, I question whether it’s a good idea. We already have many cabinet-level departments doing export controls, plus a new directorate Obama created in 2010 which complicated the situation further. We might need simplification before we add more complication.

Apple and its publisher allies are probably about to get smacked hard as the agency pricing scandal comes out, where Amazon was pressured into taking the deal Apple wrote.

Support for the broad-based GOP alternative cybersecurity bill, SECURE IP, grows with NAM praising the proposal. SECURE IT’s light touch, and information sharing approach is much better than the massive power grab of the Lieberman-Collins bill.

Posted in News, Politics, RedStateComments Off

Tech at Night: FTC makes a move, FCC still trouble, NAM backs SECURE IT


Tech at Night

So we already had the coming FCC battle over Verizon’s attempts to acquire the spectrum it needs, the Senate fight over ‘cybersecurity,’ and a possible Congressional fight over Internet sales taxation. But now there’s a new issue to keep track of: the FTC is taking it upon itself to regulate the Internet on the grounds of protecting privacy. Jim Harper seems thinks it’s nothing new, but under the Obama administration, I’m more concerned. Still Adam Thierer also says it could have been worse, though, but also mentions those dirty words ‘personal responsibility.’ Can’t have that.

Democrats are eager to empower the Obama administration, of course. That’s why we need a Republican Senate to go with a Republican House.

They’re not calling it Net Neutrality now that it’s all about restricting choice and empowering government to regulate the Internet, but the George Soros-funded Public Knowledge is called for Net Neut action against Comcast. On the Open Internet, your choices of Internet service are closed to what government decides you are allowed to have.

More FCC: the push continues for the FCC to continue to be a spectrum roadblock against Verizon, contrary to every goal of universal access it claims to have. That’s because universal access is supposed to be code for subsidies, not actual pro-growth, pro-investment policies that allow market signals to guide spectrum to the more efficient uses.

Naturally the White House opposes FCC reform which would return power back to legislators, not regulators. Can’t have that. Too much respect for the Constitution, which is over 100 years old.

I’ve actually been reading up on export controls lately, so when I see this seemingly-harmless plan to control export of censorship technology to unfree countries, I question whether it’s a good idea. We already have many cabinet-level departments doing export controls, plus a new directorate Obama created in 2010 which complicated the situation further. We might need simplification before we add more complication.

Apple and its publisher allies are probably about to get smacked hard as the agency pricing scandal comes out, where Amazon was pressured into taking the deal Apple wrote.

Support for the broad-based GOP alternative cybersecurity bill, SECURE IP, grows with NAM praising the proposal. SECURE IT’s light touch, and information sharing approach is much better than the massive power grab of the Lieberman-Collins bill.

Posted in News, Politics, RedStateComments Off

This Week in Washington — March 26, 2012


Shall the federal government be allowed unfettered power over citizens?  That is the ultimate question for nine justices of the U.S. Supreme Court this week.  The three days of Supreme Court oral arguments on ObamaCare may be the most important constitutional discussions of our lifetime.

This week in Washington is going to be dominated by a national discussion the constitutionality of ObamaCare, yet Congress plods on.  The House of Representatives is expected to take up a short term extension of a highway bill and the Rep. Paul Ryan’s (R-WI) budget plan for Fiscal Year 2013.  The Senate is expected to take votes on an energy tax bill and legislation dealing with the U.S. Postal Service.

This is a very important week for American freedom in the federal courts.  The Supremes will be engaging a debate on whether there is any limit to federal power residing in the executive and legislative branches of the federal government.  Will Americans be allowed to make very personal decisions about health care or will that power be handed to the federal government in perpetuity?  We shall engage in the national debate this week and the Supreme Court will hand down a decision later this year.

The House has five relatively non-controversial votes on the Suspension Calendar today.  The last Suspension vote scheduled is on H.R. 4239, a short term extension of a highway bill.  If this were to pass the Senate, then the House and Senate would engage in a fight on competing highway bills over the next few months.

The House and the Senate are intent on passing different versions of a highway bill.  The House leadership wants to pass a five-year $260 billion bill and the Senate has already passed a two-year $109 billion bill that was opposed by 22 Senate Republicans.  Conservatives don’t like either the House or Senate approach because they don’t give enough power to the states and they spend too much.  The generational theft of spending today and passing the bill on to America’s kids is immoral and should cease immediately.

On Tuesday the House will debate the “JOBS Act,” H.R. 3606, a bill to make it easier for small businesses to raise money and make stock offerings.  The House will also take up an Federal Communications Commission reform bill.  Then the House will spend two days on the Rep. Ryan budget.

The Ryan budget will commence a national debate on entitlement reform, spending and taxes.  Ryan’s spending plan for next year will slow the growth of government.  He calls it the “Pathway to Prosperity.”  Ryan’s approach includes entitlement reforms, pro-growth tax reform and some spending cuts.  The Ryan plan is in start contrast to the Obama budget that will tax, spend and borrow us into the poor house.  If President Obama’s budget were to be adopted by the Congress, America would creep toward the European style welfare state that has sucked the life out of so many European entrepreneurs.  Some conservatives worry that the Ryan plan is incremental change at a time when America needs a radical approach to cutting the size and scope of the federal government. 

The Senate will spend a week on Class Warfare and another bailout.  The Senate will consider S.2204, the so called “Repeal Big Oil Subsidy Act.”  This bill extends preferential tax treatment for electric cars, car plug in stations, biofuel plant property and other green lobbyist special interest tax provisions.  Taxes are hiked on oil, natural gas, drilling and wells in the name of class warfare against evil “Big Oil.”  Lefties in Congress want to hike taxes on oil and gas production so that they can force Americans into tiny expensive fuel efficient cars.  The Senate will also have a vote on a so called “Postal Reform” bill that is expected to be a magnet for another massive federal bailout.

The Supreme Court will start down the road of determining if a law shall stand that allows the federal government to force Catholic institutions to fund sin.  Furthermore, the Court will determine if the feds have the power to coerce states, by threatening to withhold Medicaid monies, in order to force them to comply with mandates coming from Uncle Sam.

This week freedom will be debated in the Supreme Court and conservatives hope that at least five justices take the side of freedom over the side of big government with no limits. No matter what nine justices say, the federal government would violate the natural rights of all Americans to be free from intrusive government, if the Supreme Court rubber stamps an intolerable act that forces Americans to buy government approved products.

Posted in News, Politics, RedStateComments Off

This Week in Washington — March 26, 2012


Shall the federal government be allowed unfettered power over citizens?  That is the ultimate question for nine justices of the U.S. Supreme Court this week.  The three days of Supreme Court oral arguments on ObamaCare may be the most important constitutional discussions of our lifetime.

This week in Washington is going to be dominated by a national discussion the constitutionality of ObamaCare, yet Congress plods on.  The House of Representatives is expected to take up a short term extension of a highway bill and the Rep. Paul Ryan’s (R-WI) budget plan for Fiscal Year 2013.  The Senate is expected to take votes on an energy tax bill and legislation dealing with the U.S. Postal Service.

This is a very important week for American freedom in the federal courts.  The Supremes will be engaging a debate on whether there is any limit to federal power residing in the executive and legislative branches of the federal government.  Will Americans be allowed to make very personal decisions about health care or will that power be handed to the federal government in perpetuity?  We shall engage in the national debate this week and the Supreme Court will hand down a decision later this year.

The House has five relatively non-controversial votes on the Suspension Calendar today.  The last Suspension vote scheduled is on H.R. 4239, a short term extension of a highway bill.  If this were to pass the Senate, then the House and Senate would engage in a fight on competing highway bills over the next few months.

The House and the Senate are intent on passing different versions of a highway bill.  The House leadership wants to pass a five-year $260 billion bill and the Senate has already passed a two-year $109 billion bill that was opposed by 22 Senate Republicans.  Conservatives don’t like either the House or Senate approach because they don’t give enough power to the states and they spend too much.  The generational theft of spending today and passing the bill on to America’s kids is immoral and should cease immediately.

On Tuesday the House will debate the “JOBS Act,” H.R. 3606, a bill to make it easier for small businesses to raise money and make stock offerings.  The House will also take up an Federal Communications Commission reform bill.  Then the House will spend two days on the Rep. Ryan budget.

The Ryan budget will commence a national debate on entitlement reform, spending and taxes.  Ryan’s spending plan for next year will slow the growth of government.  He calls it the “Pathway to Prosperity.”  Ryan’s approach includes entitlement reforms, pro-growth tax reform and some spending cuts.  The Ryan plan is in start contrast to the Obama budget that will tax, spend and borrow us into the poor house.  If President Obama’s budget were to be adopted by the Congress, America would creep toward the European style welfare state that has sucked the life out of so many European entrepreneurs.  Some conservatives worry that the Ryan plan is incremental change at a time when America needs a radical approach to cutting the size and scope of the federal government. 

The Senate will spend a week on Class Warfare and another bailout.  The Senate will consider S.2204, the so called “Repeal Big Oil Subsidy Act.”  This bill extends preferential tax treatment for electric cars, car plug in stations, biofuel plant property and other green lobbyist special interest tax provisions.  Taxes are hiked on oil, natural gas, drilling and wells in the name of class warfare against evil “Big Oil.”  Lefties in Congress want to hike taxes on oil and gas production so that they can force Americans into tiny expensive fuel efficient cars.  The Senate will also have a vote on a so called “Postal Reform” bill that is expected to be a magnet for another massive federal bailout.

The Supreme Court will start down the road of determining if a law shall stand that allows the federal government to force Catholic institutions to fund sin.  Furthermore, the Court will determine if the feds have the power to coerce states, by threatening to withhold Medicaid monies, in order to force them to comply with mandates coming from Uncle Sam.

This week freedom will be debated in the Supreme Court and conservatives hope that at least five justices take the side of freedom over the side of big government with no limits. No matter what nine justices say, the federal government would violate the natural rights of all Americans to be free from intrusive government, if the Supreme Court rubber stamps an intolerable act that forces Americans to buy government approved products.

Posted in News, Politics, RedStateComments Off

FOIA data suggests FCC more secretive than CIA


FCC denied 48 percent of FOIA requests in 2010, compared with 0.7 percent for the CIA

Posted in Daily Caller, Fox News, Politics, TechComments Off

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