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 legislation and do so more effectively than government ever will.

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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 legislation and do so more effectively than government ever will.

Read More →

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.

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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.

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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.

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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.

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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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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.

Read More →

Yes, we beat SOPA, but the problem of foreign infringers is still around. And we’re not just talking about online copyright infringement, either. Copies of clothing, purses, gadgets, you name it: foreign free riders are a problem. It’s an important tradeoff to find, so an open process for the Darrell Issa OPEN Act is a good one. A slow, consensus-based approach is also smart, so I’m glad consensus is what Eric Cantor and John Boehner are demanding from a bill on this topic.

The alternative is picking winners and losers. That’s not good for government to do, even if it’s been a problem for a long time, to the annoyance of Frédéric Bastiat.

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