Keeping politicians' hands off the Net & everything else related to technology
I’m thrilled that Julian Sanchez will be joining Ars full-time, where he’ll be their Washington editor. It’s a real coup for Ars and will beef up their already-superb tech policy coverage.
You can check out his freelance output over the last year here. And really, if you’re a TLF reader, there’s no excuse for you not to be subscribed to Ars already.
Braden has noted the release of John McCain’s tech policy–rightly decrying McCain’s socialistic community broadband concept. But far more outrageous, in my view is this bit of doublethink. First, the good part we should all applaud:
John McCain Has Fought to Keep the Internet Free From Government Regulation
The role of government in the Innovation Age should be focused on creating opportunities for all Americans and maintaining the vibrancy of the Internet economy. Given the enormous benefits we have seen from a lightly regulated Internet and software market, our government should refrain from imposing burdensome regulation. John McCain understands that unnecessary government intrusion can harm the innovative genius of the Internet. Government should have to prove regulation is needed, rather than have entrepreneurs prove it is not.
Amen! Even a hardened Ron Paul/Bob Taft/Grover Cleveland/Jack Randolph-survivalist/libertarian-crank like me can rally behind that banner. But then this self-styled champion of deregulation pulls a really fast one:
John McCain Will Preserve Consumer Freedoms. John McCain will focus on policies that leave consumers free to access the content they choose; free to use the applications and services they choose; free to attach devices they choose, if they do not harm the network; and free to chose among broadband service providers.
That sure sounds nice, but it’s all Wu-vian code for re-regulation, not de-regulation. You might recognize that McCain is talking obliquely here about the FCC’s 1968 Carterfone doctrine, which has consumed much attention on the TLF (see this piece in particular).
McCain then insists that he will be a bold leader for “good” regulations: Continue reading →
As Berin noted in the last post, we have installed Disqus on the TLF as our new commenting system. There are a couple of things I’d like to highlight about the new system.
First, I want to underscore what Berin said: claim your comments! Why is this so important? First, this lets you and other users see a page with every other comment you’ve posted on the TLF. Second, people can choose to “follow” your comments and be notified when you post something. Finally, over at the TLF community page on Disqus there’s a “Top Commenters” leaderboard, and I know you want to be at the top. So don’t start from zero, claim all your existing comments.
Next I want to draw your attention to the two little arrows to the left of commenters’ avatars (photos). Most folks know what this means, but I’ll explain anyway for those who may not. This lets you vote on each comment to let the system know whether the comment is especially smart and interesting or boneheaded and unhelpful. Good comments (up arrow) move up to the top of the thread, and comments that receive negative votes (down arrow) move toward the bottom and eventually disappear if they get enough downgrades. If you’d like to sort comments by the order they were posted, and not by votes, you can click the “Options” button below and choose your sorting preference.
Last, I want to just mention a couple other cool features. If you post a comment and someone posts a reply to you, you’ll get an email notifying you of the fact. Pretty cool, but it gets better. To post a comment in reply to that reply you don’t have to visit the blog, you can just hit “reply” and write an email in response. Your email will get posted to the TLF blog as a reply comment. Also, Disqus makes a bunch of RSS feeds available. There’s a feed for all TLF comments, feeds for comments posted to a specific blog post, feeds for specific commenters, etc.
Anyhow, hope you folks like it. Now go claim your comments!
You can read McCain’s Technology plan here. Among other things he’s for “open and fair” trade and preserving the FCC’s 4 freedoms, but will not be in favor of a prescriptive, legislative approach to net neutrality. Overall it’s a mix of pretty good policies, albeit that one on muni broadband.
Tim has already analyzed the decision of the Federal Circuit in Jacobsen v. Katzer, but I’d go even further than he did and say that it could broadly impact the media and software industries. Because violating a condition to copyright can avail a plaintiff to seek greater damages than breach of contract, look for copyright owners to limit the scope of a license to use or redistribute a song or a software program by making them “conditions” of the copyright license and not contractual “covenants.”
The case is good for copyright owners that use open source licenses. But the rationale of the decision is not limited to only open source. And who relies on copyright the most? RIAA and MPAA. It’s only a decision of an interlocutory appeal, but copyright holders everywhere will be reviewing their licenses after this one. My fellow tech transactional attorney friends could be busy, as what’s good for the goose is good for the gander.
We’re installing a new commenting system on the blog, so you’ll find that all old comments will be gone for a little while. Don’t worry; they’ll be back shortly. We’ll have more info on the new system soon.
Some good news for bloggers. This was posted today on the Heritage Foundation “Foundry” blog by Dave Mason, former chairman of the FEC (Mason is now working with us at Heritage as a Visiting Senior Fellow):
“Bloggers and web site operators may support, oppose, link to, and work cooperatively with federal political candidates. This freedom was reaffirmed when the newly re-constituted Federal Election Commission released its first two enforcement cases August 12.
The Commission’s refusal to regulate blogging and internet sites is not new, but it is notable is that the pro-blogger decision was made within a week or two of the new Commission taking office. Of the scores of items on its docket, the new Commission chose to address this one first: quite likely because they wanted to send a signal to that bloggers are free to engage in politics
Specifically, the Commission said that Gordon Fischer, a former state political party chairman, did not violate election law when he maintained a web site and blog (Iowa True Blue) promoting Barack Obama and criticizing Hillary Clinton. (Our friends at CCP note that the complaint was filed by a Clinton supporter: observing that all too many FEC complaints are filed for political harassment
–Money that Fischer spent creating and maintaining the site was not regulated by the FEC.
–Even if Fischer coordinated (discussed the blog and postings) with the Obama campaign, the site remained free from Federal election regulation.
–A link to a campaign web site or video does not subject the site linking to the campaign to regulation.
–blogs and web sites may “republish” campaign material without violating election laws.
Bottom line: by making this case one of the first two it released, the Federal Election Commission reaffirms that bloggers and web site operators may support and oppose political candidates, republish or link to campaign material, and work as closely as they wish with campaigns in doing so.
The one activity that remains subject to FEC regulation is paying for an ad on someone else’s web site supporting or opposing a Federal candidate.”
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.
New TLF Comment Tool (Please Read!)
by Berin Szoka on August 14, 2008 · 21 comments
Ahoy, TLFers! You’ll notice that we’ve incorporated a new comment management system on the blog: Pronounced “discuss” (not “discus” as one might well assume–a potential branding problem indeed for an otherwise promising start-up), Disqus has exploded in the last few months (Google Trends) to over 30,000 blogs.
Disqus should help the TLF become even more of a true community–in which comments can be as valuable as blog pieces themselves and in which the line between “reader” and “author” is further blurred. Here‘s a list of cool things Disqus will let you, TLF’s valued readers to do:
In particular, comments can now be directed as replies to other comments, creating clear discussion threads.
You might be wondering: “If Disqus is so darn awesome, why haven’t we incorporated it before?” The answer is that, until the new Disqus plug-in for WordPress came out a few days ago, comments were stored only on the Disqus site and merely replicated on partner blogs–making comments unsearchable, among other things. Now, we get the best of both worlds: Comments will beseemlessly duplicated and synchronized between our database and Disqus’s.
While it will still be possible to comment on the blog just as before (anonymously or merely without a Disqus account), we do encourage readers to take a minute (literally) to set up a free Disqus account. (For those of you who enjoy reading Terms of Use and Privacy policies or who just stay up late at night clutching their now-constitutionally-protected firearms and worrying about being tagged, tracked and someday unceremoniously culled from the herd, here are Disqus’s policies.) For the less privacy-obsessed, here‘s a general FAQ about Discus.
There are a number of bells and whistles you can enable–like tying your Disqus account to other social networking sites and adding a small image of yourself (or some other hopefully-family-friendly image). But the one important thing everyone who has posted comments in the past should do is to “claim” your old comments by entering the email address associated with those comments on Disqus. Continue reading →