Colbert Takes on the Morning “News”

Not to be outdone by Jon Stewarts superb explanation of net neutrality, Steven Colbert gives a most excellent slam on the hollowness of today’s morning “news” shows. You can watch here.

The sad thing is that Colbert is right (“as always!” he would add) in a number of critical respects. First, his show actually does more in depth political reporting than most news shows. His “434 part series ‘Better Know A District’ (he eliminated Connigham’s district)” is actually very revealing. Second, so called morning “news” shows are to real news as “People” is to real news magazines.

Susan Crawford's Five Good Question

Susan Crawford, a law Professor at Cardozo and a Board Member of ICANN supportive of Net Neutrality, asks and answers five good questions about Network Neutrality. Chris Yoo, a law professor at Vanderbilt and opposed to Net Neutrality, gives his answers (along with Susan’s) here. Harold Feld, not a law professor anywhere, gives his answers below.

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Stevens Bill Score Card Pre-Mark Up

And what a mark up it will be! Senators have proposed hundreds of amendments (more than 250 at one point, but now down to something over a hundred as deals get done). Meanwhile, the Stevens Bill itself has undergone significant rewrite. You can find the final pre-mark up draft at Jim Baller’s site here. For comparison, you can read about the Democratic substitute here (and my brief summary of same here).

Below, a brief score card on some issues I singled out previously: Opening broadcast white spaces (still in, but facing a “poison pill” amendment from DeMint (R-SC)), program access (dropped by Stevens); Broadcast flag (sadly alive and well); Munibroadband (much improved, thanks in no small part to Jim Baller and the coalition of tech folks, muni orgs, and public interest folks put together by Jim Kohlenberger); and, of course, net neutrality (brought up to COPE levels, with some flavoring added to try to buy off the Christian conservatives).

Most importantly, the telcos have inserted a very nasty joker in the deck, known as “Section 1004.” This Section is designed to rig any post-legislation appeal by giving the D.C. Circuit exclusive jurisdiction over all things FCC. This would be a catastrophe not merely for network neutrality, but for media ownership and just about any other provision of law (and therefore merits a post of its own).

More details below . . . .

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I am (temporarily) blacklisted by Comcast

Ever have one of those days when your paranoid fear seems to be happening. You know, like the guy behind you in the dark suit and mirror shades really seems to be following you?

Yesterday, just after the Senate Commerce Committee voted to delay debate on net neutrality and program access until next week, my emails to Comcast subscribers started bouncing. The bounce message informed me I was permanently blacklisted [i.e., blocked] as a “spam source.”

A nefarious plot to keep this terribly effective and persuasive advocate from reaching The People in time to effect the Commerce Committee vote? The first step in making me an “unperson?”

Probably not, given that it got straightened out reasonably quickly and — lets face it — would do Comcast more harm than good. But it was sufficiently unsettling that I have to ask again, even more strongly than before, why would we want to live in a world where Comcast or any other provider has no need to fix the problem, because we’ve eliminated all the rules?

Full story below . . . .

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Latest on COPE and Latest Video

From what I have heard and seen on the House Whip Schedule, the vote on COPE will likely take place this Friday (6/9). On Wednesday June 7, the House Rules Committee will determine what, if any, amendments members may offer. For example, they may or may not allow Markey to offer his Network Neutrality Act of 2006, or allow Sensenbrenner to offer the version of the Internet Freedom and Non-Discrimination Act that passed the Judiciary Committee as an amendment. After that, the package goes to the floor for debate and a vote.

The smart money expects passage of COPE because the House Republican leadership backs it and enough Dems will defect to provide a comfortable margin. OTOH, public pressure keeps pushing members to change their position to support NN. Not that smart money or conventional wisdom believes in democracy anymore, but I am hopeful we can hand them another surprise.

Meanwhile, Moby has prepared this video that tells you how you can call your representative and tell him or her to support net neutrality.

Remember, don’t make Moby cry! Support Net Neutrality and help spank the telcos!

Stay tuned . . .

Much Better Senate Draft from Democrats

The Democrats of the Senate Commerce Committee have begun circulating this draft revision of the wretched Communications, Consumer Choice, and Broadband Deployment Act of 2006 (aka “The Stevens Bill). Not only is the Democrat draft a lot shorter (a big plus), it:

(a) Eliminates the really bad munibroadband provision in the Stevens Bill with good language similar to the McCain-Lautenberg Community Broadband Act.

(b) Eliminates the excruciatingly awful net neutrality provision in the Stevens Bill and replaces it with the good language from the Internet Freedom Preservation Act sponsored by Snowe, Dorgan, and Inouye.

Happily, the Democratic Draft also contains the good stuff from the Stevens Bill: opening up the broadcast spectrum ”white spaces” and limiting cable market power over regional sports programming. (Although the Democratic draft is not quite as strong there as in the Stevens bill. Ah well.) Sadly, the Democratic draft also contains a broadcast flag provision.

It’s still a draft, of course. But it shows how the momentum on critical issues continues to shift in the right direction now that the public has started tuning in and speaking up. Last month, the telcos and the cable cos were enjoying a victory march reminiscent of Sherman’s march to the sea. Now, the telco/cable push to get Net Neutrality eliminated by Congress is looking a lot more like Napoleon’s march on, and subsequent retreat from, Moscow.

Stay tuned . . . .

Debunking some Telco Disinformation.

Given the success of recent pro-net neutrality videos, it comes as no surprise that the telcos have launched their own. You can watch their cartoon on the Hands Off the Internet website (direct link here).

As one might expect from an org primarily funded by cable and telco groups, it contains a few exagerations, misstatements, obfuscations, and the occassional outright lie. My friends at Mediacitizen have written this rebuttal. Savetheinternet.org has also posted a page on the telco anti-NN cartoon, with a link to this point by point response.

But, for those readers seeking more indepth analysis of just how much nonesense the “dontreghulate.org” cartoon dishes out — combined with the trademark snarkiness you’ve come to expect here at “Tales of the Sausage Factory” — please read below. Takes me back to my old days watching Mystery Science Theater 3000.

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Last week in CALEA

(And you thought I’d given up on anything but Net Neutrality, didn’t you?)

So last week proved a busy one for the Communications Assistance to Law Enforcement Act (CALEA). CALEA requires that anyone building a “communications network” build it in such a way that law enforcement agencies (acting pursuant to a proper warrant, of course), can monitor individual sbscribers/users. Last fall, the FCC extended CALEA to include broadband access providers and voice over IP (VOIP) providers. For various reasons, this pissed me off. Meanwhile, a group of folks including the Center for Democracy and Technology and EFF Petitioned the DC Circuit to declare that the FCC had overstepped its statutory bounds in extending CALEA in this way.

Last Wednesday, the FCC issued its Second Order on CALEA, basically affirming the First Order and giving some new details (or at least it will when the text of the Second Order is released). Friday, the FCC defended its First Order in court. Reflections of yr hmbl obdnt below.

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Audio and Video Net Neutrality Links

For those following the net neutrality issue, here are a few good links for audio or video (while we still can).

Robert Riech gives mainstream commentary in favor of NN on Marketplace here.

An amusing Halo-themed video infomercial in favor of NN available here.

Public Knowledge has this fairly straightforward “why you should care about NN” video here.

“Ask A Ninja,” which I had never seen before but struck me as downright hysterical, as a pro-NN message here.

Finally, this video montage/commentary clocks in at 6 minutes, but is well worth it if you wants something comprehensive and compelling (plus it has all my friends!). With text on their website here, direct to youtube here.

Please add more to the comments below if you become aware of new ones.

Stay tuned . . . .

Why wait for the Daily Show for Fake News?

This goes back a ways. Between vacation for Passover and the net neutrality fight, this fell a bit by the wayside. But it is still an important issue.

Back on April 6, my friends over at Free Press, working with the Center for Media and Democracy, have issued a rather stunning report on how local television stations rebroadcast “video news releases” — press releases created by corporations — as real news. For example, a “news story” about a new drug treatment may, in fact, an advertisement created by the drug company and packaged to look like a news report.

Free Press subsequently hosted a “blogger briefing” call, which you can listen to here. FCC Commissioner Jonathan Adelstien spoke. And I attended wearing my blogger hat.

My thoughts on this most recent disclosure of how pathetic our news media has become below.

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