I know that staffers often feel intense loyalty to their bosses, but can we please try to keep the hero worship to a minimum? Otherwise, you end up accidentally making the other side's argument.

According to this story, Douglas Holtz-Eakin, a top McCain policy adviser, held up his Blackberry and told folks: “You're looking at the miracle that John McCain helped create.” Mind you, Reasearch In Motion is a Canadian company. When sold in the United States, it requires a contract with a wireless carrier. Each carrier controls which models it will permit on its system and what applications it will permit to run.

Or, in other words, the “miracle” is that we not only limit the development of technology in this country and force our hi-tech jobs to other countries, we actually allow a handful of wireless carriers to break the technology, limit it further, and jack up the price. This was probably not the miracle that Holtz-Eakin had in mind.

Still, the voter interested in tech policy and following up on the “McCain Miracle” for wireless would do well to visit the Blackberry Website. Notice how many models Blackberry makes? What applications it can run? Now select country U.S. and compare carrier by carrier. The carriers you can connect to at all each have a limited set of models and applications they permit you to use. Want one of the other Blackberries? Tough. Want to run an application the carrier doesn't like? Too damn bad. Want to bring your own device so you don't have to pay an early termination fee justified by an “equipment subsidy?” Dream on.

McCain was quick to dismiss this fulsome praise as a “boneheaded joke.” Still, it is worth noting that I am aware of no major leadership or initiatives by McCain on tech or media issue comparable with, for example, his efforts on campaign finance reform. This is not to say McCain has been devoid of accomplishments. He deserves credit for a strong stance in promoting low-power FM and for twice sponsoring the Community Broadband Act, designed to eliminate restrictions on the ability of local governments to provide broadband services. But by and large, as reflected in his tech policy, McCain's chief accomplishment for tech — and his plan going forward — is to not do anything and let the private sector work its magic.

If you are satisfied with the “King Log” approach to tech policy and don't mind that AT&T, Verizon, and other carriers get to call the shots over what Blackberry and other companies can do on wireless networks, then McCain is absolutely your man. If Holtz-Eakin was trying to make the point that McCain will let wireless carriers continue to “own the customer” and control how Blackberry and other devices evolve, and we peons should be content with whatever technological “miracles” the carriers graciously allow us, then he has a point. But if Holt-Eakin was trying to say that McCain got out there, showed real leadership in the face of political presure, and established lasting policies that even his political rivals now try to embrace as their own, sorry. I lived through it, and that ain't how it happened.

Stay tuned . . . .

If I told you after the Palin announcement that Republicans would attack Oprah, you'd have called me crazy. Oprah is beloved of the precise demographic Rs hope to win over by naming Palin. It would be suicide! Besides, what would be the grounds for the attack?

Then when I told you “because she is keeping her promise to keep politics off her show,” you would say I was doubly nuts. “Impossible! Everyone knows that when Oprah backed Obama she made it clear that she was not going to leverage her show for him. How on Earth are the Republicans going to turn that into an attack?”

Welcome to PalinPetition.com. You will find that after the initial blip on Sept. 5-6, it has slowly leaked into the mainstream media. I discovered it via the ever excellent Benton Foundation media headlines service, which linked to this trade press piece. I expect it will start to dominate the cable and broadcast news rounds via FOX and other conservative commentators soon. Timing will no doubt depend on focus group polling on whether Obama is gaining traction or if passion about Palin begins to wane. But from the current ferment in the vectors, I'm pegging it to be next week's distraction.

The fact is that the developing attack on Oprah is an excellent case study of how the Republicans manipulate both their base and the mainstream media. It also highlights what Obama and the Ds need to do to defend. It is not simply about going after smears or going negative sooner stronger or any of these things. It is to understand that the Republican stategists at this level do not wait for targets of opportunity, nor do they hitch their train to a single issue or person. It is a matter of understanding overall methods of operation and developng proactive counter-strategies rather than reactive counter strategies. Along the way, it also helps highlight the current problem with our mainstream media and illustraights how the Rs are taking advatange of the internet in non-obvious ways.

Full analysis below . . . . [Read More!]

Apparently, the Dems were accused of being too wonky by having Mark Warner talk about bringing tech jobs to America, and the Republicans vowed not to repeat that mistake. Even former EBay CEO Meg Whitman, once such a strong advocate of network neutrality she sent an email to EBay users asking them to lobby Congress, remained silent about that series of tubes that Republicans find so gosh darned perplexing. No doubt this is in deference to Mr. McCain, who has boasted that he is a computer illiterate.

But this latest gaff, running a picture of Walter Reed Middle School on the green screen behind McCain instead of Walter Reed Hospital because they screwed up a Google images search, has certainly cemented not merely McCain, but the McCain campaign, as being in the ranks of the terminally clueless on matters technical. Mind you, it seems a piece with the general slovenly way they ran the convention. In a city run like a friggin' police state, where “preemptive raids” are being used to lock up reporters and supposedly “keep us safer,” how the heck did protesters manage to infiltrate the candidates acceptance speech? More importantly, perhaps, how is it that the Dems could keep their own convention safer with less draconian security means?

Well, I shall leave the rather blatant messages on this as an exercise to the reader. While I hope to post about the Republican manipulation of the spineless wussies of the MSM later (what a sad state of affairs when the best running commentary and reporting on the convention has been the Indecision08 blog), I intend to focus here on the McCain Tech Policy or, more accurately, the utter absence of one.

As I observed when I first wrote about the McCain tech policy, it is unbelievable that the Republicans treat a multibillion dollar industry that has become one of our most critical pieces of infrastructure and major drivers of our economy as an afterthought to the business of cutting taxes and extending offshore drilling. All this lip service about “the jobs of tomorrow” and doesn't mean squat if you still think “the interwebs” is all about downloading porn, stealing music, and soliciting minors in AOL chat rooms and this newfangled thing called “my space.”

And no, having Carly Fiorina and Meg Whittman or Michael Powell in your party does not mean squat about your commitment to this stuff unless you actually let them talk about this stuff in prime time. The Daily Show may have mocked Warner for getting into details only geeks could love, but the fact that the Democratic keynote speaker was all about how technology brought good jobs to rural Virginia and the Dems will bring those same good jobs to the small towns and inner cities tells us something about the parties priorities. And the fact that none of the Republican speakers, even the supposed tech experts, could take time away from mocking community organizers and helping the poor to mention anything vaguely tech-related tells us something as well.

Stay tuned . . . .

Well, things were pretty depressed at the Republican convention over the last few days. But now we can begin a rollicking good time mocking the very idea that community organizing has value.

Of all the things that both Gulliani and Palin could have fixed on as a line of attack, the idea of community organizing as work for pussies is not what I would have expected, and Lord knows my expectations after Swift Boat Veterans for Truth are prety low. But what amazed me was how many folks on the floor of the RNC Convention actually laughed and whooped it up at the very mention of being a community organizer, before even getting to the supposed punchline about how it doesn't give you any “real” experience.

Hee hee hee. Those whacky Democrats! They think that if someone goes out into a local poverty striken neighborhood, inspires people to believe that participating in the political process can change things and make their lives better, gets wildly diverse and often fractious interest groups focusing on a common goal, against industry interests backed by an entrenched political power structure, all on a shoe-string budget is something that matters! Ha ha ha! What a ma-roon! What a joke! People matter? They can make a difference? And inspiring them and organizing them to believe that qualifies you for something other than a beating by the cops? What a joke!

Voters who think they want to have beer with these people better think again. They will be happy to pat you on the head and drink your beer — especially if they can stick you with the tab. But if you would like people who actually give a crap about your lives, you're coming to the wrong store.

As for community organizing, we actually have another name for it over here. We call it “voter registration.”

Laugh away chuckles. See you in Novemember when the rabble turn out to vote.

Stay tuned . . . .

When you show up as the butt of a joke on the Colbert Report, you should know you're in trouble. And when, by merry coincidence, Stephen Colbert does a piece on your self-professed computer illiteracy the night before you release your long awaited technology policy, you are in real trouble. Especially after your campaign gets repeatedly nailed in debates in tech policy fora (such as my employer's Innovation '08) for not even having a tech policy, when Barak Obama had a fully developed tech policy and functioning advisory team way back in the beginning of the primary, and after former FCC Chairman and campaign surrogate Michael Powell goes into virtual seclusion for a month to develop your tech plan, you know it had better be Goddamn Frickin' Awesome. Even if you have already signaled it is going to be an extension of the same “the market solves all our problems and even thinking about regulation angers the terrible market gods, scares away the happy competition fairies, and brings a plague of liberal command and control locust 'oer the land” nonsense that marked Powell's FCC tenure and has plunged our telecommunications sector — nay, our entire economy — into the crapper, it should at least be a well written and engaging song of praise to the gods of the market place.

No such luck. It reads like some crotchety technophobe knocked over the bumper sticker rack at an Ayn Rand Reading Revival and tried to rearrange them so it made a policy. Half of it isn't even particularly tech specific. For example, I don't find it a coincidence that the first six bullet points are just variations on McCain's standard “I hate taxes” theme. They could have easily have applied to his agriculture policy, if you substituted “no new taxes on wireless services” for “no new taxes on sorghum.” Nor am I aware of a serious mass movement to tax wireless services (or sorghum).

As for the rest, well, see below. . . . [Read More!]

Well, the foul FISA Amendments Act is signed. I shall have more refections as time permits. But I did have one thought here. FISA and the FCC.

The Title II of the FISA Amendment Act of 2008, the “Protection for Electronic Communications Service Providers,” provides for protection from any “covered civil law suit.” As John Dean first observed, the bill does not refer to criminal immunity. Personally, however, I think that is a bit of a red herring, although I am curious as to whether the pardon power really runs to corporations and other artificial person that exist solely as a function of law. But lets assume it does. So let us assume that on his last day, Bush pardons anyone and everyone involved in the whole sorry affair. Where does that leave us?

The Federal Communications Commission.

The FCC is not a “court” of the United State as defined by the act. A complaint brought to the FCC under the Customer Premise Network Information (CPNI) rules, or even the broader provisions of Section 202 “just and reasonable practices,” does not fall within the purview of a “covered civil action.” In the event that a pardon is considered to cover possible administrative sanction, I would observe that a Petition for Declaratory Ruling that the conduct disclosed violated the CPNI rules is not a criminal action or civil liability, but would still entitle the Commission under its broad powers pursuant to Section 4(i) and Section 403 to investigate. Indeed, under Section 403, the Commission is free to conduct an investigation into the matter on its own motion — if it so desires. The Commission is not limited by the Article III “cases or controversies” requirement. It can investigate anything pertinent to its regulation of all communications by wire or radio, particularly when related to administration of any provision of the Act.

The upside is that, short of a statute specifically prohibiting the FCC from investigating anything related to the domestic spying program, it is damn hard to take this broad investigative authority away. As noted above, even the absence of any criminal or civil liability cannot divest the FCC of its authority to investigate communications carriers — particularly those regulated as common carriers under Title II. Given that the Chair of the FCC cannot be removed by the President, and I would need to check about the applicability of an executive order to the FCC, nothing short of a direct Act of Congress again could deprive the FCC of its ability to investigate. (I imagine we will need to watch the appropriations bills very carefully to see if some clever person sneaks it in under the radar.)

The downside, of course, is that this lies entirely within the discretion of the agency. Even a filed complaint or Petition for Declaratory ruling cannot compel the agency to action.

So we shall just have to see what happens after the election. If we have an FCC interested in letting the American people know how their government spied on them, what actual benefit accrued, if any, and what the FCC might do under existing law to keep that from happening again in the future (all, of course, consistent with national security, blah, blah), we can at least find out what went on and shame these companies into being more careful the next time around. OTOH, if we have an FCC that believes that “national security” means giving the telcos a free ride if the Administration asks nicely, then we can't find out jack.

Stay tuned . . . .

The capacity of the Democratic Leadership to destroy the party will never cease to amaze me. In 2006 the Dems ran to take over Congress on a platform that included, among other things, ending illegal wiretaps on Americans. Now, the same Democrats propose to grant immunity to the telcos who cooperated with the Administration on a theory that — and I kid you not — if we don't immunize the telcos for breaking the law this time, they might not break the law for us next time. Alternatively, some argue we should not “punish” companies whose only crime was that they cared so deeply about the safety and security of the United States that they “stepped up to the plate” when the President asked them to break the law and spy on people for their own good. Of course, these same selfless, patriotic, noble companies refused to implement judicially authorized wiretaps because the DoJ neglected to pay the fees. But it appears that Republicans, and now a sufficient number of Democrats, understand that we cannot expect patriotism to extend to things that actually cost megacorporations money. You can read this shameful betrayal of everything the Democrats pledged in '06 here, with EFF's analysis here.

What makes this more astounding is that there is not a single, rational reason for the Democrats to do this, and every reason not to do it. The Republicans tried to scare monger and make this an issue for them. That tactic failed miserably. You may recall how back last winter when the Republicans pulled out all the usual stops about how this was about national security and blah blah blah. No one bought it. The magic deadlines lapsed and nothing happened.

So either the Democratic Leadership continues to suffer from a pre-11/06 mentality, or they think they can continue to abuse their active base and collect corporate contributions as well. After all, the thinking goes, it's not like the mainstream electorate cares about this and its not like the netroots are going to vote Republican. So why not treat them the way we've treated unions, African Americans, and unions over the years? i.e., talk tough, but cave when it counts because we know there are no consequences for it.

I've already made my impassioned plea based on the ideal of the Rule of Law. Now, in a last desperate effort, I shall make my plea based on practicality and — in what is apprently the universal language of party leadership — cash.

Democrats, meet me below . . . .
[Read More!]

I generally don't consider myself a “citizen journalist.” While I believe strongly that bloggers can be journalists, I don't believe that bloggers are journalists simply by being bloggers and imitating their favorite left-wing or right-wing pundit. For me, the importance of blogging is that it creates genuine conversation and give and take, a willingness to rediscover once taboo subjects like politics and public policy. You know, the stuff it became no longer polite to discuss because none of us fragile souls could handle disagreement, so we had to leave it to the experts.

But occasionally, one sees a pompous soul defending “traditional journalism” and arguing that it is positively dangerous and unsafe to let the mob of “citizen journalists” loose upon an unsuspecting world. And next time I encounter such a poor misguided soul, I intend to ask him or her about Scott Glover and his hack job on Chief Judge Alexander Kozinski, as published in the LA Times.

As documented in several posts at Patterico's Pontifications, it would appear that Scott Glover was “played” by one Cyrus Sanai, although perhaps “played” is the wrong word. Sanai appears to have pursued a relentless vendetta against Kozinski, and found a willing ally in Glover. As Kozinski's wife explains in this rebuttal, Glover's descriptions of the items on the website are at best misleading and at worst outright efforts to sensationalize things circulated all over the internet (typically with the “not work safe” heading). For example, what Glover describes as “video of a half-dressed man cavorting with a sexually aroused farm animal” turns out to be a a fairly popular Youtube video of a man who had gone to relieve himself in a pasture fending off an aroused donkey. (The San Francisco Chronicle, apparently wishing to demonstrate the further virtues of trained journalists over bloggers, characterized the video as images of bestiality.

As a result of this rather shoddy bit of professional journalism, a well respected judge has been made an object of ridicule and disgust, Kozinski declared a mistrial and initiated an ethics investigation of himself — costing taxpayers tens of thousands of dollars for no good purpose, and a lawyer with a reputation for vindictiveness is boasting how — with the help of such skilled professional journalism — he brought down a federal judge who dared defy him. Nice.

And the response of the LA Times? Kozinski should have just ignored the story. Boy, says the Times Editorial Board, that would have sure shown those blue noses who still read newspapers! I rather agree with Patterico, however, who notes that the real question is why did the LA Times put this story on its front page? Not since Bob Balaban manipulated Sally Field to go after Paul Newman in Absence of Malice has a reporter so willingly served as the tool of another to report something so accurately and yet untruthfully. It is merely the crowning insult that the LA Times should editorialize that Kozinski is somehow at fault for not telling them to bugger off — preferably in front of a camera for the amusement of the masses and future storage at alex.kozinski.com.

To repeat, I make no claims to being a “citizen journalist” simply because I blog. And I respect the work of real journalists no matter what medium they use. But after incidents like this, professional journalists should hardly wonder why so many bloggers feel they can replace them.

Stay tuned . . . .

I can't believe I actually need to explain this.

Suppose Comcast made the following offer: If you vote “yes” on a ballot initiative we like (and agree to take a pocket recording device into the voting booth with you so we can have proof), we will pay you $50.

Most of us would not only say that this is wrong, we would have no problem understanding why that's a crime. We would not be persuaded by Comcast defending itself by saying “well, Free Press and other organizations have campaigned in support of the bill and are calling people to ask them to go out and vote — they even provide free rides to people likely to vote for the initiative. That's just like paying people directly to vote the way we want.” In general, we recognize a difference between organizing ad trying to persuade people to vote the way you want and actually paying people for their vote (and wanting a receipt).

Which brings us to Comcast's exercise in seat packing at Monday's FCC Hearing in Boston.

More below . . . . [Read More!]

I try not to do too many “Yeah, what he said” posts. But Keith Olbermann put it so beautifully last night I can't resist.

You can follow this link to the video and transcript, or just watch the embedded video below.... [Read More!]