Tag Archive | "PATENT WARS"

Tech at Night: Needed FCC Oversight, SOPA’s Lamar Smith has a challenger, Irresponsible cybersecurity rhetoric


Tech at Night

The House is doing anything but shirking its responsibility to apply oversight to the Obama administration. The FCC in particular is getting the attention it needs. “Regulatory hubris” in picking winners and losers is part of the problem, says Commissioner Robert McDowell. He should know, as he’s on the inside.

Darrell Issa and Chuck Grassley disagree on the FCC’s transparency though. Issa gives them a good grade, oddly enough, even as they continue to stonewall Grassley.

And so it’s good that Jo Ann Emerson questions the FCC’s hypocritical and questionable demand for senseless record keeping in others.

Though it’d be nice if somebody asked “Senator” Wendy’s questions about Free Press, in relation to the FCC.

Lamar Smith, House Judiciary Chairman and sponsor of SOPA, has a primary challenger: Richard Morgan. Morgan’s issues page is still in progress, but so far he sounds like a good candidate to consider supporting.

The rhetoric is getting insane in the cybersecurity bill debate. No, really. Hint: passing a bill that increases information sharing and (in the case of Lieberman/Collins) creates an effective Internet Kill Switch by giving the President dictatorial powers over the Internet, neither of those things will actually protect us from attack in the short run. To pretend there’s a crisis is dangerously dishonest.

Wireless data competition marches on, despite the fringe’s claims, with the begin of NetZero’s service. They claim it’s 4G, but I don’t know if it’s LTE, WiMax, or a pseudo-4G like HSPA+.

PATENT WARS: Motorola fends off Apple at the ITC, while Samsung and RIM are now being sued over emoticons, of all things.

Posted in News, Politics, RedStateComments Off

Tech at Night: Needed FCC Oversight, SOPA’s Lamar Smith has a challenger, Irresponsible cybersecurity rhetoric


Tech at Night

The House is doing anything but shirking its responsibility to apply oversight to the Obama administration. The FCC in particular is getting the attention it needs. “Regulatory hubris” in picking winners and losers is part of the problem, says Commissioner Robert McDowell. He should know, as he’s on the inside.

Darrell Issa and Chuck Grassley disagree on the FCC’s transparency though. Issa gives them a good grade, oddly enough, even as they continue to stonewall Grassley.

And so it’s good that Jo Ann Emerson questions the FCC’s hypocritical and questionable demand for senseless record keeping in others.

Though it’d be nice if somebody asked “Senator” Wendy’s questions about Free Press, in relation to the FCC.

Lamar Smith, House Judiciary Chairman and sponsor of SOPA, has a primary challenger: Richard Morgan. Morgan’s issues page is still in progress, but so far he sounds like a good candidate to consider supporting.

The rhetoric is getting insane in the cybersecurity bill debate. No, really. Hint: passing a bill that increases information sharing and (in the case of Lieberman/Collins) creates an effective Internet Kill Switch by giving the President dictatorial powers over the Internet, neither of those things will actually protect us from attack in the short run. To pretend there’s a crisis is dangerously dishonest.

Wireless data competition marches on, despite the fringe’s claims, with the begin of NetZero’s service. They claim it’s 4G, but I don’t know if it’s LTE, WiMax, or a pseudo-4G like HSPA+.

PATENT WARS: Motorola fends off Apple at the ITC, while Samsung and RIM are now being sued over emoticons, of all things.

Posted in News, Politics, RedStateComments Off

Tech at Night: FCC Budget battle ahead, Marketplace Fairness sales tax compact, Boo on Rick Santorum’s censorship


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.

The aftershocks of the end of the copyright infringement haven Megaupload continue to hit the Internet. The courts are pressing Rapidshare to take precautions, and a group of ISPs is preparing proactive steps to prevent abuse of their resources. Note that BGR refers to this as affecting ‘downloaders,’ but it’s likely that in truth his is going after copyright infringers, including BitTorrent users who are uploading and downloading.

More on copyright: Copyright troll Righthaven is being put completely out of business, as the courts are stripping it of its copyrights in order to pay off its bills. Game over.

Funny note: While Sprint’s given up on Lightsquared (though the firm itself has little choice but to fight on) and Chuck Grassley is demanding transparently about the relationship between Lightsquared and the FCC, Alan Nunnelee is sticking up for them. Look, in concept I agree with him. But I think we need to know more about what Grassley is investigating before we defend them. Too much smoke not to check for a fire.

PATENT WARS: A previous Apple win in Germany is rolled back.

You know how I keep saying Anonymous is not the mass, anonymous, nebulous movement it claims to be? They seem to have admitted it themselves by claiming that Anonymous OS is ‘fake’. It can only be fake if there’s a specific, defined group that makes up Anonymous.

Does Google’s envelope-pushing innovation, and the risks that innovation entails, run the further risk drawing justified government action? I sure hope not, and I disagree with those who would say that they deserve it. If you find them ‘creepy,’ then use somebody else.

Iran attacks the BBC online. Here, again, is a case where domestic regulation wouldn’t really help. We need aggressive action against the bad guys, though of course that’s hard to do when the attackers are abroad. But trying to regulate the victims at home is not a legitimate substitute just because it’s easier.

Posted in News, Politics, RedStateComments Off

Tech at Night: FCC Budget battle ahead, Marketplace Fairness sales tax compact, Boo on Rick Santorum’s censorship


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.

The aftershocks of the end of the copyright infringement haven Megaupload continue to hit the Internet. The courts are pressing Rapidshare to take precautions, and a group of ISPs is preparing proactive steps to prevent abuse of their resources. Note that BGR refers to this as affecting ‘downloaders,’ but it’s likely that in truth his is going after copyright infringers, including BitTorrent users who are uploading and downloading.

More on copyright: Copyright troll Righthaven is being put completely out of business, as the courts are stripping it of its copyrights in order to pay off its bills. Game over.

Funny note: While Sprint’s given up on Lightsquared (though the firm itself has little choice but to fight on) and Chuck Grassley is demanding transparently about the relationship between Lightsquared and the FCC, Alan Nunnelee is sticking up for them. Look, in concept I agree with him. But I think we need to know more about what Grassley is investigating before we defend them. Too much smoke not to check for a fire.

PATENT WARS: A previous Apple win in Germany is rolled back.

You know how I keep saying Anonymous is not the mass, anonymous, nebulous movement it claims to be? They seem to have admitted it themselves by claiming that Anonymous OS is ‘fake’. It can only be fake if there’s a specific, defined group that makes up Anonymous.

Does Google’s envelope-pushing innovation, and the risks that innovation entails, run the further risk drawing justified government action? I sure hope not, and I disagree with those who would say that they deserve it. If you find them ‘creepy,’ then use somebody else.

Iran attacks the BBC online. Here, again, is a case where domestic regulation wouldn’t really help. We need aggressive action against the bad guys, though of course that’s hard to do when the attackers are abroad. But trying to regulate the victims at home is not a legitimate substitute just because it’s easier.

Posted in News, Politics, RedStateComments Off

Tech at Night: Let’s take the right approach to securing our Internet resources


Tech at Night

Remember the SECURE IT bill, backed in the House by Marsha Blackburn and Mary Bono Mack, and in the Senate by John McCain and the gang? One of the key reasons I like the idea is that it enhances our options for prosecuting online crime. And contrary to ACLU hysteria, it’s not the Republican bill that is a threat to our liberties. Sharing reasonable, relevant information is not a problem. Guess what: information is the life blood of Internet defense. The Lieberman-Collins threat of an effective government take over of the Internet: that’s the problem.

Also a problem though are the attackers themselves: whether far away or based in an allied nation, information sharing is vital to defense. And when they’re domestic, criminal prosecution hurts them.

We must never forget, when plotting regulation though, that irrelevance is always just around the corner in fast-moving industries. If we shackle Google too much, we’ll kill those jobs.

Aereo, the firm that’s innovating in the offering of online access to your very own antenna for your very own stream of broadcast television, is under attack by broadcasters. They were prepared it seems, because they’re fighting back. Good for them. What’s the difference between hooking my antenna up to my own screen over the Internet or an ordinary cable? Nothing.

PATENT WARS: a new battle. Yahoo goes after Facebook. That could be interesting! No idea if it has any merit, though.

Posted in News, Politics, RedStateComments Off

Tech at Night: Let’s take the right approach to securing our Internet resources


Tech at Night

Remember the SECURE IT bill, backed in the House by Marsha Blackburn and Mary Bono Mack, and in the Senate by John McCain and the gang? One of the key reasons I like the idea is that it enhances our options for prosecuting online crime. And contrary to ACLU hysteria, it’s not the Republican bill that is a threat to our liberties. Sharing reasonable, relevant information is not a problem. Guess what: information is the life blood of Internet defense. The Lieberman-Collins threat of an effective government take over of the Internet: that’s the problem.

Also a problem though are the attackers themselves: whether far away or based in an allied nation, information sharing is vital to defense. And when they’re domestic, criminal prosecution hurts them.

We must never forget, when plotting regulation though, that irrelevance is always just around the corner in fast-moving industries. If we shackle Google too much, we’ll kill those jobs.

Aereo, the firm that’s innovating in the offering of online access to your very own antenna for your very own stream of broadcast television, is under attack by broadcasters. They were prepared it seems, because they’re fighting back. Good for them. What’s the difference between hooking my antenna up to my own screen over the Internet or an ordinary cable? Nothing.

PATENT WARS: a new battle. Yahoo goes after Facebook. That could be interesting! No idea if it has any merit, though.

Posted in News, Politics, RedStateComments Off

Tech at Night: SECURE IT comes to the House, Aereo gets sued for innovating, FCC needs reform


Tech at Night

Great news! Tech at Night’s favorite Representative Marsha Blackburn, along with TaN’s own home representative Mary Bono Mack are bringing a version of Secure IT to the House. The bill has been introduced in the Senate as an alternative to the power grab known as Lieberman-Collins. The great thing about the bill? It toughens criminal penalties for online lawbreaking even as it makes it easier for the private sector to share information about attacks.

The bad guys share information, and they think they won’t go to jail. If we let the good guys share information without getting sued for it, and if we throw the bad guys in jail, we win. And you can tell that the bad guys really hate it when we send them to jail; just witness how Anonymous has been hitting law enforcement more and more in the last year or so, most recently targeting Interpol’s website, and previously publishing names and addresses of police officers in the US. These online terrorists don’t like that they can be held accountable for their actions. It’s their weakness, the fact that they are named individuals who are finite in numbers, and we need to exploit it.

I know we had to push hard against some good members of Congress in order to send a message on SOPA, but it had to be done. The RIAA is not giving up on SOPA, so it was important that we let good members of Congress know what the problem was. And we did, so now it’s time to move on to passing good bills like SECURE IT.

Yes, the FCC does need reform. Republicans want a transparent and accountable FCC, so naturally Obama Democrats are opposed. The Obama FCC and allies is out of control: shifting opinions of market forces as is convenient to justify power grabs, taking power in new issues needlessly, buddying up with George Soros-funded radicals at Free Press, and of course blocking spectrum transactions needed to service the growing market for wireless Internet. The FCC is out of control. Obama regulators know no bounds.

Someone came up with a clever idea recently: lease television antennas to people so they can watch free broadcast television over those channels. The clever part? Aereo would let you watch over the Internet what your antenna picks up. Naturally, this threatens some cable television revenues, if people actually have free stuff, so the broadcasters are suing. I hope they lose. These are purely free, over the air broadcasts.

PATENT WARS: Apple and Samsung lose some claims against each other in Germany, essentially drawing without injury. Google/Motorola Mobility however is at risk of some pretty bad worst-case scenarios over its loss to Apple in Germany.

Phone app development is creating jobs and wealth! Quick, to the Schumer-mobile! That job creation must be stopped, post haste!

Posted in News, Politics, RedStateComments Off

Tech at Night: SECURE IT comes to the House, Aereo gets sued for innovating, FCC needs reform


Tech at Night

Great news! Tech at Night’s favorite Representative Marsha Blackburn, along with TaN’s own home representative Mary Bono Mack are bringing a version of Secure IT to the House. The bill has been introduced in the Senate as an alternative to the power grab known as Lieberman-Collins. The great thing about the bill? It toughens criminal penalties for online lawbreaking even as it makes it easier for the private sector to share information about attacks.

The bad guys share information, and they think they won’t go to jail. If we let the good guys share information without getting sued for it, and if we throw the bad guys in jail, we win. And you can tell that the bad guys really hate it when we send them to jail; just witness how Anonymous has been hitting law enforcement more and more in the last year or so, most recently targeting Interpol’s website, and previously publishing names and addresses of police officers in the US. These online terrorists don’t like that they can be held accountable for their actions. It’s their weakness, the fact that they are named individuals who are finite in numbers, and we need to exploit it.

I know we had to push hard against some good members of Congress in order to send a message on SOPA, but it had to be done. The RIAA is not giving up on SOPA, so it was important that we let good members of Congress know what the problem was. And we did, so now it’s time to move on to passing good bills like SECURE IT.

Yes, the FCC does need reform. Republicans want a transparent and accountable FCC, so naturally Obama Democrats are opposed. The Obama FCC and allies is out of control: shifting opinions of market forces as is convenient to justify power grabs, taking power in new issues needlessly, buddying up with George Soros-funded radicals at Free Press, and of course blocking spectrum transactions needed to service the growing market for wireless Internet. The FCC is out of control. Obama regulators know no bounds.

Someone came up with a clever idea recently: lease television antennas to people so they can watch free broadcast television over those channels. The clever part? Aereo would let you watch over the Internet what your antenna picks up. Naturally, this threatens some cable television revenues, if people actually have free stuff, so the broadcasters are suing. I hope they lose. These are purely free, over the air broadcasts.

PATENT WARS: Apple and Samsung lose some claims against each other in Germany, essentially drawing without injury. Google/Motorola Mobility however is at risk of some pretty bad worst-case scenarios over its loss to Apple in Germany.

Phone app development is creating jobs and wealth! Quick, to the Schumer-mobile! That job creation must be stopped, post haste!

Posted in News, Politics, RedStateComments Off

Tech at Night: Ron Johnson backing GOP’s SECURE IT Act, Anonymous fails again


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.

Even extreme libertarians are cautious about the bill instead of strongly opposed, which I think we all can see is a big deal for a bill about strengthening national security. So it’s no wonder Harry Reid is promising to give the bill a fair chance. This could be the one that passes, especially if Greg Walden’s new House cybersecurity efforts make it clear that this is the one that can get through both chambers and to the President.

Criminal enforcement does matter. Why else would Anonymous online terrorists attack the Interpol webpage after an Interpol-led effort rolled up a 25-man Anonymous cell? When we arrest them and jail them, it hurts them. We need to do this more, and we need to make sure the penalties sting.

PATENT WARS: Well, again, this time it’s trademark wars. Apple is going after the EPAD in China after having won the iPad battle.

Why would we be in a rush to raise taxes on Facebook, an innovator and driver of job creation in this economy? Don’t believe me that they create jobs? Just look at Zynga and all the other companies around that exist because of Facebook and its popularity?

Should we have a whole FCC blackout regulation in place solely as a gift to major sports leagues that make billions of dollars? Probably not.

Kim Dotcom claims he’s as innocent as Saddam Hussein in defending his since-raided Megaupload operation. Look, the DMCA model of working with copyright holders is a reasonable one. If he wasn’t doing it, then he had it coming.

Thanks to George Soros, Public Knowledge, Gigi Sohn, and the rest of the anti-AT&T/T-Mobile team, AT&T is now having to stab we (as I’m one) unlimited data plan holders with throttling and caps. Lack of spectrum hurts, kids. And yet some of these people are going to complain that AT&T is doing what it has to after being the target of a team effort by Barack Obama and George Soros.

And they’re going to target AT&T’s next plan, too which is very simple one. AT&T would like to give wireless App developers he opportunity to subsidize data use by their apps, calling it the ’800 number model’ applied to mobile data. Some people are scared to death of this, because competition could force some data-heavy services to consider data costs when designing their apps. But it’s a great, innovative, market-based way to help people on metered data plans manage their use. Government shouldn’t interfere.

Some say we need a national sales tax compact to keep states from having to raise other taxes as the sales tax model breaks down. I’m not sure if it’s a bad thing to just have a smaller, simpler tax code, but it’s a fair point to consider. Some states may overreact, using the sales tax situation as cover for raising revenue.

Tech at Night continues to be on a shifted schedule this week thanks to my being detained last Friday and Monday.

Posted in News, Politics, RedStateComments Off

Tech at Night: Ron Johnson backing GOP’s SECURE IT Act, Anonymous fails again


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.

Even extreme libertarians are cautious about the bill instead of strongly opposed, which I think we all can see is a big deal for a bill about strengthening national security. So it’s no wonder Harry Reid is promising to give the bill a fair chance. This could be the one that passes, especially if Greg Walden’s new House cybersecurity efforts make it clear that this is the one that can get through both chambers and to the President.

Criminal enforcement does matter. Why else would Anonymous online terrorists attack the Interpol webpage after an Interpol-led effort rolled up a 25-man Anonymous cell? When we arrest them and jail them, it hurts them. We need to do this more, and we need to make sure the penalties sting.

PATENT WARS: Well, again, this time it’s trademark wars. Apple is going after the EPAD in China after having won the iPad battle.

Why would we be in a rush to raise taxes on Facebook, an innovator and driver of job creation in this economy? Don’t believe me that they create jobs? Just look at Zynga and all the other companies around that exist because of Facebook and its popularity?

Should we have a whole FCC blackout regulation in place solely as a gift to major sports leagues that make billions of dollars? Probably not.

Kim Dotcom claims he’s as innocent as Saddam Hussein in defending his since-raided Megaupload operation. Look, the DMCA model of working with copyright holders is a reasonable one. If he wasn’t doing it, then he had it coming.

Thanks to George Soros, Public Knowledge, Gigi Sohn, and the rest of the anti-AT&T/T-Mobile team, AT&T is now having to stab we (as I’m one) unlimited data plan holders with throttling and caps. Lack of spectrum hurts, kids. And yet some of these people are going to complain that AT&T is doing what it has to after being the target of a team effort by Barack Obama and George Soros.

And they’re going to target AT&T’s next plan, too which is very simple one. AT&T would like to give wireless App developers he opportunity to subsidize data use by their apps, calling it the ’800 number model’ applied to mobile data. Some people are scared to death of this, because competition could force some data-heavy services to consider data costs when designing their apps. But it’s a great, innovative, market-based way to help people on metered data plans manage their use. Government shouldn’t interfere.

Some say we need a national sales tax compact to keep states from having to raise other taxes as the sales tax model breaks down. I’m not sure if it’s a bad thing to just have a smaller, simpler tax code, but it’s a fair point to consider. Some states may overreact, using the sales tax situation as cover for raising revenue.

Tech at Night continues to be on a shifted schedule this week thanks to my being detained last Friday and Monday.

Posted in News, Politics, RedStateComments Off

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