Showing posts with label Night. Show all posts
Showing posts with label Night. Show all posts

Tuesday, July 2, 2013

As Jay Leno Goes, Late Night Seems Poised To Return To White Dudes, Suits, And Desks

Over at Buzzfeed, Adam B. Vary is absolutely right to suggest that, as the late-night television lineup seems poised for another reshuffle as NBC’s relationship with Jay Leno deteroirates, it would be awfully nice if the networks considered candidates for the positions about to be opened up who aren’t the interchangeable white men who have largely dominated those time slots since time immemorial, or at least since Johnny Carson. And I think it’s worth making a larger point in conjunction with his argument: it’s going to be disappointing if the spaces opened up by Leno’s canning and subsequent reshuffling produce not just the same faces, but the same formats, particularly given the waves of experimentation that have been taking place outside of the major networks for years.

There’s the political model, which started in its current incarnation over at Comedy Central. Jon Stewart and Steven Colbert may not hail from exactly the same schools of comedy as David Letterman, Jimmy Fallon, and Jay Leno, but they’re marked by the same general demographics. It’s what they’ve done behind the desks on their respective sets that’s different. While Stewart and Colbert take on a wide array of topics, they’re doing so not from a general interest perspective but from carefully honed political ones. Their business model aims for ferocious loyalty among a segment of the population they’ve chosen to pursue specifically, rather than pulling from across the political spectrum as a whole. It’s worldview, rather than schtick that’s the initial selling point, Stewart’s righteousness and Colbert’s gleeful satire rather than signature bits like David Letterman’s top ten lists or Jimmy Fallon’s rapport with his musical guests, though of course Stewart and Colbert sold those, too. FX has subsequently taken a step beyond the innovation that Colbert and Stewart represented with Totally Biased With W. Kamau Bell, the intensely political African-American comic who honed his act in the Bay Area stand-up scene before moving to late-night, where he’s ditched the suits and the presumption of white dudeness, and brought along correspondents who don’t look much like the men in ties who largely dominate Stewart and Colbert’s shows, too, like lesbian comic Janine Brito.

And Bell isn’t the only person of color in late night in recent years, nor is Brito the only woman or only non-straight person. Vary called out George Lopez’s TBS show, cancelled when Conan O’Brien moved to the network, as an example of innovation both with hosts and format. T.J. Holmes is attempting to make a go of it on BET. And Arsenio Hall is rolling out a new late-night talk show that will be distributed through CBS syndication sometime later this fall. Wanda Skyes had her shot at late-night hosting in 2010. Chelsea Handler and Kathy Griffin have hosted late-night talk shows, if not the conventional late-night variety standards. And over at Bravo, Andy Cohen has built a successful franchise out of his Watch What Happens Live recap show, which features Bravo talent as well as other guests, and is known for a boozy, playful atmosphere—one of his bits of schtick is to have visitors play games with Cohen as a way of loosening them up. The fact that show has worked is one of the reasons we’ve seen things like The Talking Dead on AMC: as is the case with political shows, other niche late-night programming that lets fans process ideas they’re intensely interested in has become a viable alternative to the general interest show. But these alternative experiments in late night programming seem to be off in their own world, rather than acting as a farm team for the existing business model, which means that diversity of format as well as of hosts is off percolating elsewhere, rather than rising to the networks.

Laura Bennett is right, of course, that the internet and the possibility of content going viral has had an enormous influence on the way late night shows structure their bits—it’s almost a reverse response to Daniel Tosh’s clip shows, where the late night hosts want to manufacture the videos that go huge, rather than discuss and drive traffic to someone else’se work. Jimmy Fallon’s recruitment of The Roots was probably the biggest staffing innovation in recent years, a reason to come for the house band rather than just the host, and in keeping with Fallon’s determination to be a musical tastemaker, rather than simply responding to musical trends. It makes sense that late night hosts would want to be drivers of the culture, active aggregators and curators, rather than simply party hosts riding the hot new trend—you’ve got a better argument that audiences should tune in during the time slot if they might witness the emergence of Odd Future on the national stage, rather than if your’e going to interview Tyler The Creator six months after he emerges onto the national consciousness. But I’m curious to see what different kinds of hosts would choose to elevate if given the chance, and curious for someone who’s going to offer a new way to stage those debuts. Suits, desks, and white guys are all fine on their own. But they aren’t the only way to do things.


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Friday, April 12, 2013

New York Mayor: Minor Marijuana Possession No Longer Means A Night In Jail

Under Mayor Michael Bloomberg (I), arrests in New York City for marijuana have skyrocketed. And while Bloomberg made clear during a radio interview Friday that he does not support legalization of marijuana, he is ready to soften his stance. Bloomberg announced during his State of the City address Thursday that, in the absence of a state law decriminalizing public marijuana possession, he will use his executive power to eliminate jail custody for those arrested for low-level marijuana possession:

Commissioner Kelly and I support Governor Cuomo’s proposal to make possession of small amounts of marijuana a violation, rather than a misdemeanor and we’ll work to help him pass it this year. But we won’t wait for that to happen.

Right now, those arrested for possessing small amounts of marijuana are often held in custody overnight. We’re changing that. Effective next month, anyone presenting an ID and clearing a warrant check will be released directly from the precinct with a desk appearance ticket to return to court. It’s consistent with the law, it’s the right thing to do and it will allow us to target police resources where they’re needed most.

In his statement, Bloomberg also joins Cuomo in supporting a stronger state decriminalization measure. Technically, New York decriminalized marijuana possession in 1977 when it reduced the penalty for possession of 25 grams or less of marijuana to a civil fine. But the punishment does not protect public possession of marijuana, which, according to CNN, includes when an individual is asked to empty his or her pockets during one of the more than half a million stop-and-frisks conducted by the New York Police Department. Cuomo’s proposal would decriminalize possession of less than 15 grams of marijuana even in public view.

Bloomberg’s measure would mitigate the immediate harm to people arrested for marijuana – many of whom never face subsequent charges — but it would not change the fact that those found guilty of public marijuana possession will have a misdemeanor on their record, rather than paying a civil fine.

New York is one of 14 states that have some marijuana decriminalization measure on the books – in addition to the 18 states and the District of Columbia that have legalized medical marijuana, and the two states that have legalized recreational marijuana. Arrests for marijuana possession and other minor drug offenses nonetheless remain frequent and disproportionately impact African Americans.

U.S. Drug Czar Gil Kerlikowske, known for opposing legalization of even medical marijuana, joined with NAACP President Ben Jealous in an op-ed published yesterday that declares: “It is clear that we cannot simply arrest our way out of the drug problem. Instead, we need smarter, results-based criminal justice policies to keep our communities safe, including treatment for people with substance use disorders and mental health issues.”


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Sunday, May 20, 2012

Tech at Night: Pirate Bay DDoSed by copyright defenders? Net Neutrality continued. Issa takes on another treaty.

Tech at Night

Earlier we covered Microsoft’s new Pirate Pay, which I said sounded like a DoS attack against copyright infringers. Others agree and say it may be illegal, which is true. Sure enough, Pirate Bay is under DDoS attack. Has Pirate Pay gone rogue? Cybersecurity and copyright, all in one issue.

This week Less Government hosted a debate on tech issues in DC, and it got feisty at times. I found it fascinating though. Gigi Sohn and Andrew Schwartzman (Thomas Gideon was detained and missed much of the fun) on the left were constantly talking about how they don’t favor big government, they support only minimalist regulation to preserve a competitive, free market, and all that good stuff. They went to great lengths to sound centrist. I believe they also revealed a strategy of fighting one issue at a time, separately, whether the individual arguments conflict or not. This lets them advance the ball any way they can.

Seton Motley, Phil Kerpen, and Andrew Moylan were less conciliatory. They were aggressively vocal about a small government perspective, and in particular Kerpen was a beast on offense against Net Neutrality. This kind of passion and insistence on core principles may make it tougher to sever fights to build winning single-issue coalitions, but it keeps us consistent. I think we need to be mindful of the advantages and disadvantages of each approach. We could never build a coalition like Save the Internet, as the radicals did for Net Neutrality.

But Net Neutrality is still technically in effect, and will be unless and until the courts throw out the Open Internet order. As long as it’s there, it’s worth making strong arguments against it, such as Richard Bennett’s. It’s also worth noting that content-based services like Dish’s ad skipping could be considered non-neutral and illegal innovation if applied to the Internet.

Remember the ACTA treaty, negotiated in secret that threatened to be a global SOPA? Well, some appear to be say ing that the Trans-Pacific Partnership has similar provisions, or at least threatens to. So Darrell Issa is publishing key portions of the treaty for public scrutiny. Interesting.

Ron Wyden, like me and early opponent of SOPA and Protect IP, has come out against the Lieberman-Collins cybersecurity bill favored by the President. And, credit where it’s due: so has Al Franken, though both do so on privacy grounds, not power-grab grounds. But, referencing the above discussion of single-issue coalitions, I’m not going to complain, and instead will question whether a Democrat bill can pass when it’s losing both tech centrist Ron Wyden and reliable lefty Al Franken. Seriously: Obama has lost Franken on this issue. Wow.

On the Republican side, I sounded the alarm that Jon Kyl and Roy Blunt may be trying to form a Gang of Four to undermine the John McCain-led Republican team against Lieberman-Collins, and instead push a ‘compromise.’ That meeting has been put off to allow McCain and co. to attend and presumably to pitch the virtues of the SECURE IT alternative bill. I’m glad.

House Republicans question whether LightSquared was a victim of FCC’s troublesome, opaque practices as Chuck Grassley has moved on from LightSquared as his target to Google. This is remarkable. I remember when I’d make pro-LightSquared comments and get dogpiled by people insisting LS was the new Solyndra. Now, there seems to be a chance on this issue, to recognize how disappointing it is that LightSquared can’t add its technological distinctiveness to our own national 4G market, and raise the bar of competition.

I join these calls for spectrum to be freed up. Especially as FCC goes out of its way to destroy the secondary market for spectrum, in all its forms, we need a way for spectrum to be allocated to firms for faster, newer wireless technologies.

Google’s defeat in the Java/Android case goes to the damages phase, despite claims that Google didn’t really lose yet. I’m honestly shocked at how much defense Google gets even from the right, when nobody denies that Google lifted heavily from Java, and even hired former Java people to clone it for Android’s virtual machine technology.


View the original article here

Wednesday, May 16, 2012

Tech at Night: Cybersecurity action in the Senate, Soros squad on the move

Tech at Night

In case you missed it, Friday’s Tech at night featured Q&A with Rep. Steve Scalise. Don’t miss is now.

Team Soros, assemble! Remember when it was “wrong” for AT&T to get spectrum by buying T-Mobile? Remember when I said it should be allowed because the Obama administration and the radicals were making it too hard to get spectrum any other way? Vindication, baby: The left unites to fight Verizon buying spectrum another way. Before the excuse was to prevent industry consolidation. Well, Verizon is buying from cable companies, not wireless phone providers.

Note that Verizon has strongly refuted their claims, including the dangerous, crypto-socialist idea that the FCC should be allowed to dictate to Verizon and Comcast an alternate transaction. Such as one to benefit T-Mobile.

Shocker! FTC changing the rules as it goes to suit its aim to grab more power. Every single regulatory agency is dangerously out of control under Barack Obama.

The Cybersecurity war is on now in the Senate. The House passed CISPA along with Darrell Issa’s FISMA reform. CISPA won’t past the Senate over an Obama veto threat though, and given the strong Republican opposition to Lieberman-Collins in the Senate, I can’t imagine it’d pass the House. So the fight is on to undermine Republican bills.

Incredibly, simply incredibly, it’s been declared that the McCain-Hutchison-Johnson SECURE IT is worse than Lieberman-Collins, even though the latter bill is the one that gives the President ‘emergency’ powers over the Internet, in a stunning threat to fundamental property rights in America. The Internet Kill Switch is there in all but name, but once again, attacking Republicans is paramount with these folks.

I’m also concerned that John Kyl and Roy Blunt are threatening to undermine the coalition behind John McCain on this. It’s an old point, but if you can get John McCain, Ron Johnson, and Kay Bailey Hutchison behind the same bill, and they’re all opposed to the Democrat alternative, then it’s time for the whole caucus to fall in line, because it’s probably a common sense bill. And it is.

LightSquared goes boom. Losing Sprint was too much. I’m still torn on this. The firm’s opposition to FCC transparency was a great, big, red flag that something was amiss, but greater 4G competition would have been nice. Also, LightSquared’s satellite service is the kind of thing that’s useful to put pressure on other firms like the oft-maligned HughesNet.

If Google has so many smart people, why are they still using blog shutdown metrics that allow so many false positives?

Copyright infringers beware: the Netherlands and Microsoft’s new Pirate Pay DoS effort are after you.


View the original article here

Thursday, May 10, 2012

Tech at Night: Oracle wins Java infringement suit against Google, ACTA fails in the EU, CISPA opponents silent on Lieberman-Collins UNEXPECTEDLY!

Tech at Night

Well, here we are. The reason CISPA was getting all the attention was allegedly that it was coming to a vote first. Well, now Lieberman-Collins is next to a vote, as Democrats scramble to find a way to make cloture. Where’s the outrage? I’ll tell you where it is: non-existent, because CISPA opposition was solely designed to give cover for Lieberman-Collins.

We do need the private sector to have more information, though. Internet attacks aren’t going away.

Wireless data and innovation are threats and great drivers of competition. We need less regulation if we want competition. Smaller government. Telecommuncations Act, not Obama FCC.

And so naturally we have Al Franken wanting Comcast to be targeted and the Germans wanting Verizon to be targeted. They just don’t get liberty.

That’s why the radicals passed Net Neutrality, whose insanity is so well summed up like so: “Meaning the hospital downloading a dying patient’s MRI gets no more broadband speed than the guy next door downloading the panda sneezes video on YouTube.”

The EU seems likely to block ACTA, in a victory for copyright infringers abroad.

Speaking of infringers, Android was built on copyright infringement in the form of Google stomping all over Oracle’s Java copyrights. Yes, Android’s VM is the issue here. That’s why Oracle wants a billion dollars. This is a big deal.


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Tuesday, May 1, 2012

Tech at Night: CISPA passes the House, FCC passes campaign regulations, Boehner calls out Obama

Tech at Night

So, the Internet died this week or something. CISPA was amended much, as I gather mostly tightening up some alleged privacy concerns. Then it passed the House. I don’t know if it’ll become law, but it’s a good idea. The comparisons with SOPA are deceptive.

Speaker Boehner cut to the heart of the matter, pointing out that President Obama’s CISPA veto threat was rooted in his desire to control the Internet. The White House was stung enough to reply, but it’s true: CISPA opposition is a ruse to fool feeble minded leftys into thinking Republicans are the threat, rather than the Democrat Cybersecurity bill in the Senate, pushed by Joe Lieberman. It’s Lieberman-Collins that’s the threat to liberty online.

More and more it’s clear we dodged a bullet by preventing Joe Barton from becoming Energy and Commerce chairman.

Darrell Issa’s on a roll: His FISMA overhaul also passed, passing easily under suspension on the heels of his transparency bill passing by voice vote. Secure the government. If the government is so good at Internet security that Barack Obama wants to regulate, then let’s just clean house internally instead. As long as Anonymous can hit things like the CIA website, there’s work to be done. I know, it’s just a website, but what other websites are at risk?

Look, guys, the bad guys are out there and looking for ways to attack America online. They’re sharing information amongst themselves, too. That’s why we need CISPA: to level the playing field. That’s also why improving the government’s standards for itself also matters.

The FCC continues to outdo itself when it comes to power grabs. Now they’re after content: passing regulations attempting to stifle political speech ahead of the election.

Yet unfortunately Chuck Grassley is relenting on his FCC holds, saying he’s satisfied with the FCC starting to open up to him, even though there’s still more investigating to be done on the LightSquared situation.

Jim DeMint has got some people worried. Even as he questioned Aereo, he’s threatening the unfair advantage broadcasters have in retransmission negotiations. That’s why lately you’re seeing lots of sob stories about broadcasters. This is a coordinated effort to make you think that DeMint is the Grinch attacking the poor local TV station. Ignore it.

Spectrum: we need it, the Democrats obstruct that process as in the cases of Verizon, AT&T, and any other high profile deal they can get their thieving hands onto, but Cliff Stearns and the Republican House are trying to fix it. Enough said.

That’s all we need for a great wireless market. we don’t need regulation, just freed-up spectrum for competition and growth.


View the original article here

Saturday, April 28, 2012

Planned Parenthood’s Bad, Bad Night

An untold story today following yesterday’s Pennsylvania primaries is what a bad, bad night it was for Planned Parenthood.

In Pennsylvania’s 134th House district, they spent an eye-popping $100,000 on a TV ad campaign trying to sink the candidacy of Republican Ryan Mackenzie by linking him to ultrasound legislation that was before the legislature.

As Politico noted, this was seen as a trial-balloon of sorts:

Most state legislative races and ad campaigns don’t necessarily have any larger resonance, but Democrats have been working to make the ultrasound bill the kind of liability for Republicans in Pennsylvania that a related proposal became for Republicans in Virginia.

That trial balloon popped when MacKenzie cruised to victory by an 18-point margin, 59 percent to 41 percent.

Meanwhile, in Pennsylvania’s 31st district, former Planned Parenthood CEO and board member, Republican Helen Bosley, lost in the primary to a pro-life Republican woman, Anne Chapman. Thanks to the help of the Pennsylvania Family Institute, abortion played a central role in the race and again, it was no contest. Despite Bosley’s endorsement from the Bucks County Republican Committee, pro-life Chapman won with 63 percent to 37 percent – a commanding 26-point margin.

And on the Democratic side, they didn’t fare much better. In the tightly contested primary between Reps. Jason Altmire and Mark Critz, Altmire relentlessly attacked Critz – in TV commercials, in the mail, and in debates — for voting to defund Planned Parenthood. Altmire went down by four points, despite leading in most polls leading up to last night.


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Friday, April 27, 2012

Tech at Night: Barack Obama covering for Lieberman-Collins power grab via CISPA opposition, Darrell Issa does good on Transparency

Tech at Night

In an example of lucky timing, the GSA scandal proved why Darrell Issa’s DATA act was needed. Transparency in government allows for oversight. So the bill passed the House by voice vote.

I first floated a while back the idea that this sudden, strident CISPA opposition was roote d in a desire to distract the public from the much stronger and more dangerous Lieberman-Collins bill in the Senate. It’ll work with the libertarian left because hey, they’ll believe whatever the left says about eeevil Bushitlerian Rethuglicans. But it disappoints me when the right, including FreedomWorks, is tricked and puts effort into CISPA instead of Lieberman-Collins. Did we learn nothing from Net Neutrality?

But yeah, when the usual whiny groups along with Barack Obama and the administration are joining together to talk exclusively about CISPA but not at all about Lieberman-Collins, I’m right.

House Republicans may in fact limit the bill in response to the veto threat, but the fact is we need a flexible legal framework to empower the good guys to have information which is critical when countering bad guys who share information all the time.

International attacks are real though. In fact, everyone may want to check into this account by the FBI about a thwarted attack that may still infect your computer.

Let’s do some FCC: They’re already expanding Internet subsidies. Also, while they like to drag their feet on some spectrum sales, one in particular they man aged to approve rather quickly. How coincidental that it’s one that is only happening because FCC rejected an earlier T-Mobile/AT&T deal, eh? Meanwhile, Republicans are on the case of FCC trying to expand its authority again, this time into political speech regulation, even as Chuck Grassley milks all he can to get FCC transparency.

PATENT WARS PAUSED: Hey all. When I started out writing about PATENT WARS, it was fresh and interesting. But, as all this stuff has gotten more and more expansive, with everyone suing or allying with everyone else, it’s becoming too much to cover, and very repetitive. I hope the point is made though, that real patent reform was needed, not the first-to-file mess we passed. So, no more PATENT WARS coverage unless something really big happens.

There’s some more good stuff to cover, but it’s 2am, so… quick hits:

Here we go: Calls to end the light-touch regime of the Telecommunications Act 1996 and replace it with a state-centered model of controlled Internet. Funny how Barry Diller says we need a total rewrite of Internet laws… except when it comes to copyright. Funny, that. Unless it’s all about a power grab, which we know it is, then it makes perfect sense.

Can we please retire Jay Rockefeller? He’s whining about paying too much for the latest in Internet technology even as he pushes for regulation that would only make Internet competition harder. It’s crazy.

Speaking of Internet competition: The desire for a free lunch lives on in the form of Net Neutrality whiners whose goal all along was to get their high-end bandwidth use subsidized by the masses and the taxpayers.

As I’ve been saying all along, state Amazon taxes are unconstitutional, as a Cook County judge ruled this week with respect to the Illinois attempt. If you want interstate sales taxation, you need Congressional involvement in the form of a legal interstate compact. The Marketplace Fairness Act could be a good start to such a deal, assuming it got amended to ensure no national sales tax could ever be imposed through it.

Oh look, The Washington Post is carrying water for Jim DeMint’s opponents as DeMint tries to level the playing field of cable television. Remember Jay Rockefeller’s whining? Regulations biased against cable companies and for broadcast television stations, they’re part of the problem.

North Carolina censoring Internet content. Do you have your blog license?


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Wednesday, April 11, 2012

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


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Tuesday, April 10, 2012

Tech at Night: Live from Virginia: Human Trafficking, Cybersecurity

Tech at Night

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.

So, how about some cybersecurity?

If we’re going to pass a bill at all, and we probably should given the rise of criminal and anarchist attacks trying to take down all world governments, we need to pass the SECURE IT bills introduced by McCain and co. in the Senate, and by Blackburn and co. in the House. Heightened criminal penalties, lowered barriers to defensive information sharing, and no government power grab. What’s not to like?

Information, not regulation, is the most powerful too in the box for fighting online attacks. Honest people need to be informed of possible attacks by domestic businesses or by foreign entities. SECURE IT tries to help information sharing. That’s what we need.

What we don’t need is to bring DHS in to regulate private industry, which is what Joe Lieberman and Susan Collins want. John McCain, not the staunchest advocate of free markets after his recent Augusta National comments, even sees the glaring problems here when he’s saying “A super-regulator like DHS would impact free-market forces.”

Note an interesting problem here: industries we’re most worried about are already regulated. Utilities, banks, doctors, airports, and others already have government breathing down their necks. If we bring DHS into it, we’re multiplying obligations and creating redundancy. That’s harmful, not helpful. Security requires clarity of design and of purpose. Mistakes come with complexity, and successful attacks are born in mistakes.

Democrat Chris Dodd may want to revive PROTECT IP in the Senate, but as long as the House leadership won’t budge on SOPA, its House counterpart, that’s not happening.

It may be time to Play the Sad Trombone for LightSquared. Losing Sprint had to hurt. A lot.

Tune in Monday for Internet Sales Tax failures, ACU vs Jim DeMint(!), and more that I didn’t cover tonight because I had to go to the grocery store, as I had no food in my new home and wanted to go pick some up before 2am.


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Friday, April 6, 2012

Tech at Night: FCC gives in to Chuck Grassley, Republicans question the rush to privacy regulations

Tech at Night


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.


Sprint continues to try to drum up government action, and also continuing to strain the bounds of credulity. Sprint says there’s a 4G duopoly, conveniently forgetting the fact that Sprint was the first major entry into the 4G market. Sprint just chose the wrong technology (WiMAX, instead of the apparently-winning LTE), the latest in a series of bad business decisions.


PATENT WARS: Even as Apple considers changing its patent strategies against firms like Samsung deploying Android, it turns out Nokia may provoke a whole new patent war over SIM card technology.


I’ve long plead for Mary Bono Mack to ease up on privacy issues, fearing it would lead to bad government action. Fortunately she seems to see those risks as well, and other Republicans like Marsha Blackburn also see the dangers of “a massive expansion of government… that would put some limits on our individual liberties.” Yes, yes, yes, exactly. That’s why I say we need to get privacy issues back into the realm of common sense self precautions, not government dictates.


This will be the last Tech at Night from California. Also because of my move to Virginia next week, will be no posting Monday or Wednesday as I will be traveling across the country to my new home, so have fun until next week!


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Wednesday, April 4, 2012

Tech at Night: House passes key FCC reform, House and Senate SECURE IT bills deserve passage

Tech at Night


FCC reform advances in the House. Greg Walden’s FCC Process Reform Act is a needed bill, so I’m glad that it went from committee to the floor, and took minimal modification in passing. I like that it got an extra poke at FCC being more closed on FOIA requests than even CIA.


Locking in the reforms is important, and CTIA is right in saying we need a “more transparent, predictable regulatory process.”


The SECURE IT cybersecurity alternative is also important. Ron Johnson is a key champion of the bill in the Senate, so you know it has conservative support. As it should, since the core of the bill is to enable important but voluntary information sharing. The bad guys online are already sharing data freely. The good guys must be able to share data and to be flexible on defense.


My own representative* Mary Bono Mack is backing a similar the bill in the House, so you know it has broad support across the spectrum of the GOP. Likewise John McCain’s driving the bill in the Senate instead of working with Joe Lieberman and Susan Collins tells you that the Democrats (plus Susan Collins) really aren’t interested in compromising on their attempts to empower government, including DHS. Naturally FCC loves the smell of expanding government in the morning, too. Smells like picking winners and losers.


George Soros-funded Public Knowledge is wrong on its push to impose Net Neutrality, er, Open Internet penalties on Comcast. Of course, as radical as PK is, it’s not surprising that Michael Copps is going directly from the FCC to that organization. I would have guessed Free Press, but Public Knowledge is just as out of the mainstream.


Good bill, bad bill: Good bill: outlaw UN regulation of the Internet. Bad bill: new American regulation of the Internet in the form of, get this, Facebook password regulation.


Spectrum: Getting government spectrum in use by the private sector is a great tool to add to our options in fixing the coming spectrum crunch. Blocking private spectrum transfers, as T-Mobile suddenly wants now that it’s Verizon and Comcast, not AT&T and T-Mobile, is not something we should be doing.


* Bono Mack has been my representative since Sonny died, and will be until Monday when I leave California for good, and move to Jim Moran’s district.


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Wednesday, March 28, 2012

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.


View the original article here