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A Welcome Catalyst for Modernizing Obsolete Communications Law and Regulation -- My Daily Caller Op-ed

Please see my new Daily Caller Op-ed: "A Welcome Catalyst for Modernizing Obsolete Communications Law & Regulation" -- here.

  • This is part 15 of my Obsolete Communications Law research series.

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Obsolete Communications Law research series:

Part 1: "Obsolete communications law stifles innovation, harms consumers"

Google News-ster, Books-ster, YouTube-ster, Android-ster -- Google's Disrespect for Property Part 13

Newspaper and magazine interests in Germany, France, and Brazil are fighting back against Google News' monetization of their headlines and property without compensation by urging lawmakers to pass laws requiring royalties or revenue sharing for ancillary copyright use of their core product news, per AP and NYT reports.

This piece supports three conclusions.

Why the 1996 Telecom Act's Unbundling Model is Obsolete -- My Daily Caller Op-ed

Please see my new Daily Caller Op-ed: "Why the 1996 Telecom Act's Unbundling Model is Obsolete" -- here.

  • This is part 14 of my Obsolete Communications Law research series.

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Obsolete Communications Law research series:

Part 1: "Obsolete communications law stifles innovation, harms consumers"

Bork-Sidak's Fatally Flawed Google Antitrust Defense

As an unabashed Milton Friedman conservative, I strongly agree with Judge Robert H. Bork and Professor J. Gregory Sidak that antitrust law's purpose is to protect competition and the competitive process and not to protect competitors. I also hold my fellow conservatives in highest regard. However, as a highly-experienced and esteemed judge and professor, they know they must prove their case on the merits. In Google's case, they have not.

While it would be difficult to challenge the sophistication of their legal analysis, it is not hard to discredit the sophistication of their economic analysis of the relevant market, economics, and behavior in question. Their defense indicates that they have fully-adopted Google's core economic premises and public-representations, so their skilled legal arguments can do no better than the fatally-flawed material with which Google has given them to work.

Specifically, their legal analyses rest upon a misunderstanding of the relevant market in question. Since antitrust prosecution is fact-driven, not theory dependent, no amount of legal or economic theoretical elegance can overcome a fatally-flawed factual predicate.

U.S. Government's Obsolete & Dysfunctional Spectrum Management -- My Daily Caller Op-ed

Please see my new Daily Caller Op-ed: "The U.S. Government's Obsolete and Dysfunctional Spectrum Management" -- here.

  • This is part 13 of my Obsolete Communications Law research series.

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Obsolete Communications Law Op-ed Series:

Internet Astroturf 3.0 -- Internet as Oz Series Part 3

Pro-piracy interests have been organizing globally to head off and defeat future anti-piracy legislation (like SOPA/PIPA), IP treaties (ACTA) and property rights enforcement, all while claiming to represent "the Internet" and all its users, when they do not. They collectively represent pro-piracy special interests.

They hijack popular political buzz-words like "Internet Freedom" and "innovation," to distract people from their fringe anti-property views and to simulate broad mainstream political support.

("Astroturf" in a public policy context connotes artificial grassroots, simply proclaiming to be something one is not in order to gain broader political support.)

This analysis spotlights the political interests and strategy of global pro-piracy interests. It also answers several key questions:

  • What unites pro-piracy special interests?
  • Who are the top ten Internet astroturf 3.0 players?
  • If this is Internet astroturf 3.0, what was 1.0 and 2.0?
  • What's the main difference with Internet astroturf 3.0?
  • What are the main political techniques of Internet astroturf 3.0?
  • What are Internet astroturf 3.0's three grand deceptions?

Top False Claims of the New Internet Association -- Part 2 of Internet as Oz Series

Unfortunately, the new Internet Association launched yesterday making several false claims.

Claim: "The Internet Association, the nation's first trade association representing the interests of the Internet economy, America's leading Internet companies and their vast community of users…"

Truth: This "first" claim is unsupportable; several different Internet groups have had similar purposes long before this Internet Association: The Internet Society; The Internet Engineering Task Force; Net Coalition; SaveTheInternet.com; The Open Internet Coalition; The Internet Defense League; The Internet Freedom Coalition; The Internet Alliance; The Internet Marketing Association; The Internet Commerce Association and The Internet Infrastructure Coalition.

FCC Creates "Abundant" Uncertainty -- Part 12: Broadband Internet Pricing Freedom Series

Unfortunately, the FCC Chairman's remarks to a Silicon Valley audience last week -- trumpeting his new concern for "anything that depresses broadband usage" -- are creating abundant uncertainty for broadband businesses and investors.

Specifically, Gigaom reported: "When asked about the impact of data caps on broadband innovation by my colleague Janko Roettgers and how his thinking had evolved on the topic, the chairman said he was concerned about data caps. He added, “Anything that depresses broadband usage is something that we need to be really concerned about.” And he further said, “We should all be concerned with anything that is incompatible with the psychology of abundance.”

This appears to signal a stupefying 180-degree reversal of the FCC Chairman's well-established policy position on broadband usage pricing.

The New Internet Association's Back Story

Google, Amazon, eBay, and Facebook reportedly are launching a new Internet Association in mid-September to be "the unified voice of the Internet economy, representing the interests of America's leading Internet companies and their global community of users. The Internet Association is dedicated to advancing public policy solutions to strengthen and protect an open, innovative and free Internet."

What is the back story here? Why is it being formed? Why now? What unites these companies? What is the Internet Association's public policy agenda? What does its formation mean?

Why is the Internet Association being formed?

The main public policy catalyst was bipartisan anti-piracy legislation that was moving swiftly through Congress last year that Google, Amazon, eBay and Facebook all strenuously opposed and helped defeat with an unprecedented Internet blackout day in January.

U.S. Government's Obsolete and Wasteful Spectrum Hoarding and Rationing -- My Daily Caller Op-ed

Please don't miss my latest Daily Caller op-ed: "U.S. Government's Obsolete and Wasteful Spectrum Hoarding and Rationing" here.

This is part 11 of my Obsolete Communications Law research series.

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Obsolete Communications Law Op-ed Series:

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Q&A One Pager Debunking Net Neutrality Myths