Category Archives: Duopoly

Duopoly Spies

Mike_McConnell.jpg Well, I had been waiting to post something about the telcos and domestic wiretapping until more news came out, since much of it was still hearsay. But now National Intelligence Director and former National Security Agency Director Mike McConnell has confirmed it:
Now the second part of the issue was under the president’s program, the terrorist surveillance program, the private sector had assisted us. Because if you’re going to get access you’ve got to have a partner and they were being sued. Now if you play out the suits at the value they’re claimed, it would bankrupt these companies. So my position was we have to provide liability protection to these private sector entities.

— Transcript: Debate on the foreign intelligence surveillance act, By Chris Roberts, ©El Paso Times, Article Launched: 08/22/2007 01:05:57 AM MDT

Ryan Singel points out in Wired’s Threat Level blog that this is even though the same McConnell signed a sworn declaration in April saying to reveal that NSA and Verizon had such a relationship “would cause exceptionally grave harm to the national security.” Continue reading →

Malamud Court Gadfly

gadfly.jpg Carl Malamud is at it again. After getting patents and SEC filings and Congressional subcommittee hearings available online, now he’s going for court case law.
Last week, Mr. Malamud began using advanced computer scanning technology to copy decisions, which have been available only in law libraries or via subscription from the Thomson West unit of the Canadian publishing conglomerate Thomson, and LexisNexis, a division of Reed Elsevier, based in London.

The two companies control the bulk of the nearly $5 billion legal publishing market. (A third, but niche, player is the Commerce Clearing House division of Wolters Kluwer).

He has placed the first batch of 1,000 pages of court decisions from the 1880s online at the public.resource.org site. He obtained the documents from a used Thomson microfiche, he said.

— A Quest to Get More Court Rulings Online, and Free, By JOHN MARKOFF, New York Times, Published: August 20, 2007

Markoff refers to Malamud as a gadfly. Hey, Socrates was a gadfly, too. Not bad company.

Now what happens if the Internet first mile access duopoly decides to give Thomson and LexisNexis and Wolters Kluwer high-speed high-quality transit and deprioritizes the Internet Archive?

-jsq

Heck of a Job, Stickler

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Richard Sticker ((ABC 4 News))
What practical difference does it make when a president appoints political commissars as heads of departments and agencies, enforcing ideologicallines instead of doing their job?
Also coming to light, is the fact that Stickler’s nomination to head the mine administration was twice rejected by congress and rejected when republicans were still in charge. Rejected reportedly by senators who were concerned about Stickler’s safety record when he operated mines. After his nomination was twice rejected by the Senate, President Bush gave Richard Stickler the mine safety job with a recess appointment. That’s a presidential appointment made when congress is not in session.

Finally, congressional investigations and hearings are now expected to look at a key provision of federal mining law, one which requires the U.S. Government to be the main communicator when an accident occurs. ABC News now notes it took the mine safety administration two days to take public control of the Crandall Canyon Mine. ABC also adds, “Others were irate that [mine owner Bob] Murray was allowed to publicly predict success and contradict MSHA itself while agency officials quietly looked on.”

— Federal mine safety official’s credentials questioned, Chris Vanocur, ABC 4 News, Last Update: 8/20 2007 8:00 pm

Dead people in mines. Dead people in Hurricane Katrina. Postal rate hikes for small publications. Wireless spectrum handed over to a few big companies. And of course massive consolidation of first mile Internet ISPs in the hands of companies that aren’t delivering on their promises and that indulge in repeated political censorship while cooperating with the government in wiretapping.

The stakes going forward are even higher, including economic competitiveness, control of information, and political discourse and with it the survival of a political system.

At least the traditional media finally noticed the problem with the appointment of the Mine and Health Safety Administrator. Imagine if we had more proactive investigative media that might have actually noticed his appointment when it happened. And imagine if we had none, which is a very real possibility with continuing media consolidation and increasing control over the Internet by a very small number of companies.

-jsq

Rage Against Distributive and Content Control

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And now you do what they told ya,
now you’re under control
The Pearl Jam (and John Butler Trio and Flaming Lips and Rage Against the Machine) AT&T censorship fiasco has reached the attention of an FCC commissioner:
FCC Commissioner Michael Copps, fire-breathing advocate of network neutrality regulation and opponent of media consolidation, has taken a stand on AT&T’s now infamous censorship of Pearl Jam front man Eddie Vedder’s anti-Bush remarks at Lollapalooza. In an interview with OpenLeft.com’s Matt Stoller, Copps supported the idea that there’s a link between AT&T’s deletion of Vedder’s political comments from a webcast of the concert and the network neutrality fight that’s brewing in the halls of Congress.

“Events like this are connected to the larger issue of network neutrality, so it is very very important,” Copps said in response to a question about whether or not AT&T’s censorship of Vedder has any implications for network neutrality. He went on to say, “So when something like the episode occurs with Pearl Jam that you’re referencing that ought to concern all of us… because if you can do it for one group, you can do it to any group and say ‘Well, it’s not intentional,’ and things like that. But nobody should have that power to do that and then be able to exercise distributive control over the distribution and control over the content too.

— FCC Commissioner: Pearl Jam censorship linked to net neutrality fight, By Jon Stokes, ars technica, Published: August 17, 2007 – 01:56PM

And it’s good that Copps sees the connection between this episode and media consolidation. Copps talks a good talk, but will he do more than “grudgingly accept” this sort of thing, like he did the bogus 700Mhz auction rules? Will he vote against, and will he persuade other commissioners to do the same? And can someone persuade Congress to change the FCC’s tune? It’s all very well to rage against the machine, but who’s going to change it?

Or can we get some Internet access competition? Then we could have Internet freedom.

-jsq

Yet Less Spectrum

m2z.jpg Not being content with squelching competition in the 700Mhz auction:
The Federal Communications Commission is seeking to shut the door on a plan by a group of Silicon Valley entrepreneurs to offer free wireless broadband Internet service everywhere in the U.S., the chief executive of the group said Wednesday.

M2Z Networks Inc. issued a statement Wednesday in which it said it would take the FCC to court in an attempt to force the agency to conduct a thorough analysis of the plan before it determined whether it would back it or not.

The company has proposed taking 25 megahertz of spectrum that is currently vacant and using it to build a wireless broadband Internet network to provide free service to 95% of Americans within a decade.

— UPDATE: FCC Opposes Silicon Valley VCs’ Free-Broadband Plan, (Updates with comment from Rep. Anna Eshoo, D-Cal., in the fifth paragraph.) By Corey Boles, Dow Jones, August 15, 2007: 05:14 PM EST

Why would the FCC object to that? Continue reading →

700Mhz: Duopoly As Usual

710_1_1a_CARRIE_ANN_BAADE_The_Devil_is_In_the_Details,10_x_17..jpg Susan Crawford reads the 700Mhz auction rules and confirms the worst:
1. Those Carterfone protections don’t mean too much. The no-locking, no-blocking requirements are hedged in by substantial limitations: the winning licensee will be able to lock and block devices and applications as long as they can show that their actions are related to “reasonable network management and protection,” or “compliance with applicable regulatory requirements.” In other words, as long as the discrimination can be shown to be connected (however indirectly) to some vision of “network management,” it will be permitted. (Discrimination “solely” for discrimination’s sake is prohibited, but that’s not too difficult to avoid.)

— Many, many devils in the details: 700 MHz rules, by Susan, from Susan Crawford blog, 13 Aug 2007

So it’s ILECs vs. CLECs, round two. Guess who’ll win?

And even supposedly Cmr. Copps “grudgingly accepted” these rules. Seems to me we need a whole new FCC, so we can get some real rules of the road.

And what we really need is some real competition.

-jsq

Pearl Jam Censored by AT&T?

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Photo: AP Photo/Magnus Johansson-MaanIm
Political censorship?
After concluding our Sunday night show at Lollapalooza, fans informed us that portions of that performance were missing and may have been censored by AT&T during the “Blue Room” Live Lollapalooza Webcast.

When asked about the missing performance, AT&T informed Lollapalooza that portions of the show were in fact missing from the webcast, and that their content monitor had made a mistake in cutting them.

— LOLLAPALOOZA WEBCAST: SPONSORED/CENSORED BY AT&T? News, PearlJam.com, 7 August 2007

So, “a mistake”.

Uhuh.

But it gets better. Continue reading →

Russian Roulette

michael_copps.jpg FCC Commissioner Michael Copps has a way with words. Last year he said we should be talking about Internet freedom rather than net neutrality. And now he says we’re
playing Russian roulette with broadband and Internet and more traditional media

— FCC Commissioner: US playing “Russian roulette with broadband and Internet” By Nate Anderson, ars technica, August 03, 2007 – 09:20AM CT

And the Russians are winning. Continue reading →

It’s Good to be King!

melbrooks.jpg How are those merger conditions coming along?
Remember the story back in June about how AT&T had extremely quietly started offering $10 DSL as was required in its deal to buy BellSouth? The company was promoting many other, more expensive, DSL options, but the only way you could get the required $10 version was if you specifically knew to ask about it. Broadband Reports points to an interview from an Atlanta newspaper with AT&T CEO Randall Stephenson where he’s asked about the $10 DSL. The interviewer points out that no story about AT&T resulted in a more irate response from AT&T customers as its story about the hidden offer for $10 DSL, suggesting that this was a huge issue for AT&T customers. Stephenson’s response? First he denies that the company made it hard to find, and then he says that they’re not promoting it because customers don’t want it. This, despite the clear response from customers to the very newspaper who was conducting the interview. Then, he basically admits that the $10 DSL doesn’t work very well, saying that they don’t promote it because they don’t want to give customers a product that sucks. Of course, he says that as if it’s not his company that has quite a bit of control over whether or not the product sucks.

— AT&T CEO: We Don’t Promote $10 DSL Because No One Wants It, Techdirt, 1 August 2007

This is even though the AJC reporter introduced the question with:
Of all the things the AJC has written about AT&T lately, none has caused more reader irritation than AT&T’s $10 a month DSL offer, which was required by the Federal Communications Commission when you bought BellSouth.

— Q&A: AT&T CEO Randall Stephenson, By Scott Leith, The Atlanta Journal-Constitution, Published on: 07/27/07

The techdirt writer goes on to point out that this is what SBC used to do with naked broadband, too, i.e., dance around and do nothing. After all, without regulation or competition, it’s good to be king!

-jsq

AT&T U-Verse Considered as Cable TV

jbarterton.jpg In case it wasn’t obvious why the telcos want local TV franchise laws repealed:
A federal judge has thrown up a roadblock in front of AT&T as it attempts to roll out its new U-Verse IPTV service in the state of Connecticut. In an opinion issued yesterday, Judge Janet Bond Arterton ruled that AT&T’s U-Verse IPTV service is a cable television service like any other and is therefore subject to local franchising agreements.

— Federal judge: AT&T U-Verse == cable TV, By Eric Bangeman, ars technica, Published: July 27, 2007 – 10:44AM CT

But isn’t it different from cable if it’s carried over IP? Continue reading →