Tales of the Sausage Factory:
To the Democrats Who Voted for the Cornyn Amendment Condmening “Liberal Activist” Moveon and the “General Betray Us Ad”

To the Democrats who voted in favor of the Cornyn Amendment to condemn the “Liberal activist organization” Moveon for its “General Betray-Us” Advertisement.

I can only say — SHAME! Shame on you for siding with the conservative talk show bullies! Shame on you for once again perpetuating this twisted double standard in which the merchants of venom and filth scold their opponents for daring to raise their voices in protest and speak truth to power. Where were you when Max Clealand — a man who risked his life in the service of his country, losing limbs for our liberty — faced far worse “personal attacks” on his honor and bravery for daring to question the rush to War? Where was the Senate outrage then? Where were you then? You were cowering before the conservative mob, running like frightened stag before the baying talk radio hounds, while the Republicans you joined with for this shameful vote laughed at your cowardice and timidity. And now, six years later, you have proven yourselves once again to be the same timid deer, ready to run wherever you are driven when the talk radio pit bulls bare their teeth and growl.

I am tired of you. I’m tired of hearing your brave talk of “Change” and “Taking a Stand,” only to see you time and again knuckle under to the same tricks and demagoguery that held you paralyzed in the past. Your helplessness has become a joke of the late night talk shows. Your cravenness has become a byword among your opponents, who have lost whatever fear they may have felt after seeing us bring you into power after 12 long years of minority status. And your pathetic timidity has become a bitter disappointment to those of us that elected you to create change and take a stand.

I am done with you. Neither you, or The Democratic Party general reelection fund, will receive one more dime from me until a sufficient number of you are replaced with men and women willing to stand up for principle. I and the other “liberal activists” the Cornyn Amendment explicitly condemns shall seek out new candidates willing to stand up against the talk show bullies and the Conservative demagogues who seek to brow beat the opposition into silence with mock indignation, while reserving for themselves the right to spew poisonous vitriol on all who disagree. You will have no more “safe” districts or “safe” states. What use have I or other “liberal activists” — who have sought only to see an end to the tragedy that has become our failed involvement in Iraq and to protect ourselves and our fellow Americans from the rapaciousness of a new generation of corporate Robber Barons — for so-called Democrats who quail before the conservative talk show bullies and crawl to do their bidding? We will find new candidates, brave men and women willing to speak truth to power, and with the spine to carry their conviction from the campaign trail to the Capital.

It may be that you can provide some satisfactory answer to your unconscionable vote and redeem yourselves, but I sincerely doubt it. For actually crossing party lines to condemn the Moveon ad, I have nothing but contempt. It is not merely that you are utterly wrong on substance. It is not merely that this latest craven surrender to the Conservative noise machine marks you once again as unfit to lead our nation in the direction it must go. It is the sheer, utter, lemming-like suicidal imbecility with which you seem determined to leap over the proverbial cliff and throw yourselves into the sea. As a matter of pure, cold blooded political calculation, I am simply astounded at your utter disregard for those who have paid with sweat, blood and treasure to put you and the Democratic Party back in the majority. I am appalled at your inability to perceive the misgivings of your “base” that despite your brave talk you would in the end once again disappoint us by prostrating yourselves before the Conservative talk show bullies who — after two decades of unrestrained consolidation and the death of the Fairness Doctrine — dominate our public airwaves with their vitriol and drown out all voices of dissent with your craven assistance. What “vital center” do you think you win by continued reaffirmations of your political cowardice and timidity? What “centrists” do you think you inspire with consistent craven surrender to the Conservative right?

Had you resisted your craven impulse to bow to the Right, sadly grown into unthinking habit from long use, this “controversy” would have been dismissed as a mere sideshow, the vaporings of the Conservative talk show bullies and Republican demagogues, forgotten in the wake of the next OJ bulletin. But no, you have given your imprimatur to their brayings, handed them another victory to reenforce the perception of their power, and deeply offended those on whom you must rely for success. When your fundraisers call, or those from the Democratic Party call, I shall make clear to them precisely what I think of Democrats who quiver to do the bidding of the Cavutos and Limbaughs of the world instead of standing up for the principles on which they were elected.

To the Democrats who stood up to the bullies and voted against the Cornyn Resolution — especially the Democratic Candidates for President Hilary Clinton and Chris Dodd — you give me hope. In 2003, only two Democrats dared to defy the attack dogs of the right and make a stand against the pressure of the Conservative mob. Some Democrats, at least, can learn courage and can stand by their convictions. Whatever your personal feelings about the language of the advertisement (and there is certainly room for disagreement on whether it was useful, appropriate or effective), I am pleased to see that you have learned that trying to appease the talk show bullies is a losing proposition. You recognized that when push comes to shove and you must go on record and take a stand, and proved you are prepared to stand up for what you believe. You have learned to say “No, maybe I didn’t like the ad and thought it’s criticism of Patraeus over the top, but I will not endorse a double standard that lets talk show bullies call us ‘traitors’ and ‘terrorists’ and ‘cowards’ who ‘cut and run,’ but who fake outrage and demand we disassociate ourselves from ‘despicable hate speech’ when others use much milder criticisms.”

If the rest of the Democratic Party can only learn from your example, there is still hope for 2008. Like Dorothy standing up to the Great and Powerful Oz and thus revealing him to be a fraud propped up with a loud voice and special effects machine, your example in standing up to the orchestrated outrage of the Conservative echo chamber can break the power of the talk show bullies over the cowardly lions, tin men, and scarecrows that make up the rest of the party.

To the Democrats who stood silent, thinking that this placed you above the fray and sent a proper nuanced message, a warning. Solomon wrote in Ecclesiastes that “there is a time to speak, and a time to stay silent.” This is not the time for silence. Senator Mitch McConnell put it quite well when he said: “Let’s take sides. General Petraeus or MoveOn.org. Which one are we going to believe? Which one are we going to condemn?” Your silence, however meant, appeases no one and calls your principles into doubt. By refusing to take a stand, you leave yourself open to the accusation that you lacked the nerve to fully commit yourselves. Yes, there are times when it is both the right thing and the brave thing to refuse to engage at all, to follow the wisdom of the old adage that if you wrestle a fool in the mud no one watching will see much difference between the two. But there are also times when one must clearly and unambiguously pick a side.

I close with Senator McConnell’s call to arms. “Let’s take sides. General Petraeus or MoveOn.org. Which one are we going to believe? Which one are we going to condemn?” Yes indeed. That is the question the American people face, and will decide upon in the election of 2008. You Senators who chose Patraeous over Moveon, who claim to hate the War but cringe when the talk show bullies bark, have shown your true character and made your choice. We, the voters who brought the Democrats to power in 2006, who have done the impossible by giving the Democrats an hitherto unimaginable lead in fundraising against their Republican opponents, will not forget when we go to make our choice in November 2008.

Stay tuned . . . .

My Thoughts Exactly:
Petraeus == Betray us

Or not, who knows, I don’t care. It’s an enlisted man’s pun, you wouldn’t understand. I just want to see if I can get the Senate of the United States of America to debate Wetmachine and maybe pass a resolution denouncing us. I’m sure that would be good for traffic, which is what it’s all about, ain’t it? Net capitalism, dude. It’s what’s for dinner.

But I don’t know why I bother, because Comcast or AT&T, the new Cellular, will edit this en route to your eyballs, and you’ll never even know I wrote it. It will be like the memory hole, only more high tech. And the bits will seal up around the absense of my message just like the metal man in Terminator Two, Judgement Day. (Remember, in Soviet Russia, Internet censors YOU!)

Hey, don’t taze me, bro. I’m just say’n what it is.

You may now go back to reading the triumphal return post, below, from our long-lost Web 3.0 boy, Howard Stearns.

Inventing the Future:
The Virtual Gets Real

I figure there is no technology on earth to which the Chief Technical Officer of Intel Corp doesn’t have access. Today he chose to talk about Qwaq and Croquet during his closing keynote address to the Intel Developer Forum in San Francisco’s huge Moscone Center.

<%image(20070920-smallhall.jpg|166|124|The auditorium at the Moscone Center.)%><%image(20070920-virtualauditorium_sm.jpg|174|124|The virtual auditorium in Qwaq Forums, showing Intel's Miramar desktop on one virtual screen, a movie about virtual surgery on another, and in between is a model of the patient.)%>

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Tales of the Sausage Factory:
Broadcasters Leverage Monopoly on TV Channels to Push Vacant Channel FUD (Fear, Uncertainty, Doubt)

It’s always nice when you can give yourself free advertising time on television. So no surprise the National Association of Broadcasters has launched a major advertising campaign in the DC Area to persuade members of Congress that allowing unlicensed use of the broadcast white spaces will mess up the transition to digital television. Indeed, the NAB has made this into a grand campaign, including a new website called “Interference Zones” complete with adorable graphics of “Wally, the Unlicensed Wireless Device” messing up the “pristine digital television signal” to your “beautiful new digital TV.” I particularly like how they got Wally’s fun-loving but malicious grin rendered so “pristinely.”

And, in case you missed it the first time, the site also contains a link to the Association for Maximum Service Television classic “educational” video Your Neighbor’s Static. “Your Neighbor’s Static” is as realistic a portrayal of the effects of white spaces devices on TV as Reefer Madness is a balanced documentary on the pros and cons of medical marijuana.

It’s all just the usual fun and games here in DC, and a fine example of why the broadcasters have so much power as a lobby.

More below . . . .

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Tales of the Sausage Factory:
Whiny Techies or Dishonest Salesmen?

I cannot help but add a coda onto my latest article. Steven Pearlstein, econ columnist for the Washington Post, has written this piece on the recent complaints wrt to Comcast. To quote Mr. Pearlstein:

The latest rallying cry is “network neutrality.” This campaign started out with the legitimate goal of making sure that consumers could continue to access whichever services or content they want, rather than having to take those offered by the cable and phone company duopolists. But lately the campaign seems to have morphed into a broader demand that all consumers should be able to pay the same monthly fee for using the Internet, no matter how much bandwidth they use or how much their movie downloads and video chats are slowing service to everyone else in the neighborhood.

Perhaps this is the kind of economic illiteracy we should expect from people who get their information from “The Daily Show” and the Daily Kos. But isn’t it time for the rest of us to move on and acknowledge that the days of the online free lunch are over?

As you may imagine from my recent post, my complaint is not with charging more for more bandwidth, but for dishonestly promising me an “always on all you can eat” connection, then cutting me off when I use it all the time for all I can eat. I sent Mr. Pearlstein the following reply, reproduced below….

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Tales of the Sausage Factory:
Of Bandwidth Hogs, QoS, and Regulatory Chameleons

I can live with the internet as a best efforts network. I can live with the internet as a regulated utility. What I absolutely cannot stand is the idiocy of the current regulatory scheme that allows broadband access providers to justify the deregulated state of a competitive best efforts environment because they need to provide a public utility.

Case in point, Comcast’s recent actions of cutting off “bandwidth hogs” and purportedly throttling BitTorrent traffic to its subscribers (Comcast denies it targets BitTorrent traffic). Comcast in its user agreement explicitly reserves the right to cut off users using “too much bandwidth” — although Comcast refuses to say how much bandwidth is “too much.” Comcast defends its actions (including the secrecy of the bandwidth limit) on the grounds that “bandwidth hogs” overload the system capacity and thus slow down everyone’s use of the system.

As I discuss below, Comcast and the other broadband providers are speaking out of both sides of their mouths. They claim they have no liability for anything and should not be regulated because they are providing “best efforts” services and everyone knows it. But when they want to cut off users, tier traffic, or indulge in other behavior that sticks it to subscribers they haul out the “Quality of Service (QoS)” and “critical infrastructure” arguments. “What about voice?” They cry. “What about poor crippled Tiny Tim and his medical monitoring unit, cut off by some bandwidth hog downloading pirated child pornography and Al Qeda instructional videos (which, we will admit, makes a very interesting mash up when viewed via deep packet inspection)? You have to let us do whatever we want and charge whatever we want because people are relying on us for critical services.”

Of course, historically, companies that provided critical services were “public utilities.” At which point, the telcos and cable cos amazingly morph back into laissez faire “best efforts” providers and subscribers need to know there are no guarantees and that which we tell you three times may or may not be true.

My further analysis of the amazing regulatory chameleon, the private public utility, below….

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Tales of the Sausage Factory:
Arise Ye Independent Cable Programers! The FCC Wants To Hear Why The Current Cable Programming Rules Suck Rocks.

Well, it took nearly a year since the FCC committed to reforming the leased access and carriage complaint processes as part of its Adelphia Transaction Order, but the wait proved worth it. On June 15, the FCC released a notice of proposed rulemaking asking all the right questions and opening the door for major changes in two critical but dysfunctional laws designed to break the stranglehold big cable companies have over cable programming: cable commercial leased access (47 U.S.C. 532) and the prohibition on favoring affiliated programming (aka “carriage complaint process”) (47 U.S.C. 536).

Done right, these two laws can usher in a new era of independent programming by giving programmers access to cable systems on fair terms. As you might imagine from the current cable programming universe — in which we get 30 different flavors of HBO (affiliated with time Warner) and however many Comcast-affiliated channels Comcast chooses to carry regardless of how few people actually watch, but you can’t find local programming or programming that competes with Comcast or Time Warner programming — the FCC has done a rather crappy job of implementing these rules since Congress passed the current versions in 1992. Nevertheless, wild-eyed optimist and occassionally successful crusader for lost causes that Iam, I think we have a real opportunity here to make these rules work. All it will take is for the progressives and conservatives who like to whine about how the media is all biased one way or another to get off their patooties and actually file something with the FCC. Then all the progressive and conservative would-be programmers will have their chance to sell their programming directly to audiences rather than negotiating with the likes of Brian Roberts, Sumner Redstone or Rupert Murdoch.

Notice appeared in the Federal Register on July 18, which makes comments due September 4 and reply comments due September 21. For those without calendars, this translates to the day after Labor Day and the day immediately before Yom Kippur. So I confess I begged for and got and extension. Now, comments are due September 11 and reply comments due October 12. The relevant docket number for those of you who file (and you know you all should!) is MB Docket No. 07-42.

So tired of watching crap you hate on cable, and wondering why people can’t get good programming on despite having a gazillion channels? See below . . . .

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Tales of the Sausage Factory:
The Bush Administration DOJ Just Can't Do Enough For Its Friends

I’ve said it before and I’ll say it again. For AT&T and its industry compatriots, domestic spying is the gift that keeps on giving.

Today, the Department of Justice Antitrust Division announced it had filed written comments in the FCC’s Inquiry Into Broadband Industry Practices, aka lets do a wussy study on net neutrality so we can pretend we are defending the public by ‘being vigillant.’ And — surprise, surpirse, SURPRISE! — the DOJ Antiutrust division comments look like the “Cliffsnotes version” of the AT&T filing.

So to recap, in the last few weeks, we have seen top Administration officials go public with classified data to push for retroactive immunity for the telcos for domestic spying, we’ve seen AT&T admit that they “accidentally” bleeped out Pearl Jam’s anti-Bush lyrics, and now we have the DOJ Antitrust division going to the mat for their buddies at the FCC.

I tell you, in this day and age of rampant cynicism and political opportunism, it warms my heart to see the Bushies stick with their buddies through thick and thin, and to see AT&T doing the same. Never mind what it looks like! As Mirror Universe (Evil) Cartman would sing: “You guys are my best friends, through tick and thin we’ll always be together . . . I love you guys.”

Of course, it probably helps that the tiering that the telcos and cable cos want to do makes it much easier to monitor traffic via deep packet inspection, and the fact that it is an “information service” rather than a telecom service means the telcos and cable cos can do whatever they want with the data (they don’t even need to get a warrant, as they would to take advantage of CALEA). But it’s mutual self-interest like this that keeps friendships strong! This way the DOJ gets its domestic spying built into the architecture, and the cable and telcos get to fulfill their fantasies of exacting monopoly rents out of every single bit that crosses their networks (despite the collateral damage to free speech and the long term damage to the economy as a whole). But hey, a “duopoly tax” in the form of higher costs for slower speeds is a small price to pay to have surveillance equipment built directly into the network architecture — and to help a true friend.

You can read my official reaction as VP Media Access Project in this press release on the MAP web page (also reproduced below).

Stay tuned . . . .

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Tales of the Sausage Factory:
700 MHz Appendix: A List of All My Posts on The 700 MHz Auction Proceeding

Well, it’s been a fun couple of months. I expect we will see more action on the actual implimentation of 700 MHz Auction, new developments, and so forth. But I’m rather hoping to ratchet 700 MHz back from overwhelming white-whale-type obsession to just one more spectrum item amidst the spectrum and non-spectrum stuf I cover. For example, the M2Z application has taken a serious turn for the interesting.

So, preserved for posterity, and because it makes my life easier than going through the archives, I list every TotSF 700 MHz Auction post to date.

Stay tuned . . . .

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Tales of the Sausage Factory:
Assessing the 700 MHz Order Part V: The “Property School” Takes It On The Chin

In this final installment assessing the FCC’s Order on the 700 MHz auction approved at the July 31 Commission meeting, I want to conclude by placing this in the context of the broader spectrum reform debate, notably the Property v.Commons debate.

Short answer, the Property School really took it on the chin here. Not like this was a big victory for the “commons” school either, however, although the C Block conditions helped a smidgen there by reasserted the Commission’s right to regulate and the First Amendment value of open platforms. Actually, I’m talking about the invocation of Section 316 to move a licensee that was making it very difficult for the FCC to resolve the cross-border interference with Canada caused by the new band plan. In keeping with the extremely pragmatic nature of the Martin FCC, the Commission resolved a roadblock by calling upon its statutory powers and telling a licensee: “Sorry dude, you gotta move for the public good.”

This would be wholly unremarkable if some of us didn’t remember back to a distant time a few years ago when the times, they were a changin’, the ideology battles was ragin’, and partisans on both sides confidently predicted the end of “command and control” regulation. But change for anything with as much inertia as spectrum regulation does not happen overnight or even in a matter of years. It happens gradually, with many maddening ebbs and flows. And, as in the case of the stubborn licensee and shift to avoid interference with Canada, we rediscover why “command and control” is never quite so dead as academics, reformers, and others seem to think.

More below . . . .

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