My Response to Charlottesville.

I’m sorry this is off topic for this blog. It doesn’t have anything to do with telecom. But extraordinary events require a response, and now is when all of us who believe in the Rule of Law need to raise our voices.

 

The issue is not right v. left. The issue is those who believe in preserving the fundamental rights of protest and respecting the rule of law v. those who believe they are a law unto themselves.

 

Our country allows supporters of even the most evil, hateful ideologies to preach their beliefs on the principle that it is the right — nay, the duty — of those who oppose these beliefs to counter-protest. Let hundreds of hate-mongers, racists and antisemites gather to be confronted by tens of thousands of people appalled at their open embrace of evil. Let those who hate their fellow American shout their obscenities at the overwhelming masses of Americans counter-protesting. Let the world see that while a few thousands may be drawn to the “largest rally” of racists, fascists and Nazis wannabes, tens of thousands will rise in anger and condemnation.

 

It is those who turn to violence and view themselves as a law unto themselves that are “the other side.” To be clear, I do not speak of those who merely defend themselves. If an armed mob assaults protesters, then those assaulted have the right to defend themselves. No, the “other side” are those who think that they have been provoked so that the rule of law no longer applies. Those who think they are a law unto themselves, empowered to deal death and violence for their ‘sacred cause.’ These who consider themselves their own law, and those who encourage them, are the “other side.” They are the enemy that needs to be condemned.

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My Letter To Trump On Why I Need to Hear Him Say: “Anti-Semitism Is Bad.”

Dear Mr. President.

 

Why is it so hard for Donald Trump to say “Anti-Semitism is bad, and the US government will protect all people from hate crimes no matter what their race or religion”? This is really getting deeply troubling.

 

Yes, I get it. Jared, Ivanka, the grandkids. You love Israel. You get on great with Bibi. You have lots of Jewish friends. I’m sure Trump Tower makes the best falafel and humous on Israel Independence Day, and the best chopped liver on Rosh Hashanah.

 

But for some reason, in several consecutive press conferences, the rather simple and straightforward statement that “Anti-Semitism is bad. The government of the United States will not tolerate threatening Jews with violence, vandalizing synagogues or Jewish institutions, or otherwise treating Jews differently than anyone else,” or words to that effect, have not come out of your mouth. And that is a real problem for me.

 

I’m an Orthodox Jew. I’m generally supportive of the State of Israel. And, if Trump Tower had a hechsher, I’m sure I’d love your felafel or chopped liver. I’m also an American, and very proud of that. I have always been proud of being an American citizen. I have thrilled with pride when I testify before Congress on super boring telecommunication policy that here I am, wearing my kippah, being all open Jew person, and not here just to testify on Israel of some other Jewish topic. I walk through the “Halls of Power” not as a supplicant petitioning for favors — as my ancestors in Europe and the Middle East were forced to do — but as a proud citizen exercising my First Amendment right to “petition the government for redress of grievances.”

 

I have spent the bulk of my professional life in public policy, because I passionately believe in the promise and ideals of the United States of America.

 

And yes, you are my President. True, I voted against you. I oppose just about every policy decision you have made so far. But you are still the man who was elected President of the United States under the rules of the Constitution. That makes Donald Trump the President of the United States, and therefore my President.

 

So please understand. I really, really need to hear my President say: “The President of the United States denounces anti-Semitism. You, Harold Feld, have the same rights as every other American.” Not “hey, I’ve got Jewish grandkids” or “I’m the least Anti-Semitic person ever.”

 

I know I’m not the only one who probably needs to hear that explicitly. I know in these times that other people are under attack for their religion, for their race, for their gender or sexual orientation. I’m pretty sure they want to hear it explicitly from their President (whether they like him or not, whether they believe him or not). But I can only speak personally for me. I can tell you, as an American and Orthodox Jew, that I need to hear from my President that I am still an American who just happens to be Jewish — not a Jew who happens to live in America.

 

If you aren’t sure exactly what to say, here are the words that our first President, George Washington, used to reassure the Jews of Newport Rhode Island. At the time, there was not a single country in the world where Jews enjoyed equal rights as citizens. The best Jews could hope for was “toleration,” which could be withdrawn at any time. President Washington therefore reassured the Jews of America:

 

“It is now no more that toleration is spoken of, as if it was by the indulgence of one class of people, that another enjoyed the exercise of their inherent natural rights. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens, in giving it on all occasions their effectual support.”

 

It would mean an awful lot to hear you quote those words, or say something similar.

 

Sincerely,
An American Citizen who happens to also be an Orthodox Jew

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The George Washington Pledge: “To Bigotry No Sanction, To Persecution No Assistance.”

I’m starting what I call the George Washington Pledge.

 

THE GEORGE WASHINGTON PLEDGE

“I pledge to give to bigotry no sanction, to persecution no assistance. I pledge to work toward a world where everyone may sit under their own vine and fig tree, and there shall be none to make them afraid. A world that scatters light and not darkness in our paths, and makes us all in our several vocations useful here, and in due time and way everlastingly happy.”

 

Where did that come from, what does it have to do with George Washington and don’t I know that George Washington was a bigot who kept slaves? To answer the second question first, yes. I know that it is one of the great and cruel tragedies of history that George Washington himself, while expressing these concepts, was committing the ultimate bigotry and persecution by holding slaves and asserting that those of African descent were not fully human. Nevertheless, while this pledge made by the First President of the United States has never been fulfilled, it time we committed to making it true.

 

We live now in a time when it is the duty of those of us committed to the success of the American Experiment in self-rule to remember the promises and values which the founders of our country made the foundation of governance. Whatever their past success, whatever the sincerity of those who wrote the words, it falls on us to do our part to make these foundational values real. To quote the words of our first President: “If we have wisdom to make the best use of the advantages with which we are now favored, we cannot fail, under the just administration of a good Government, to become a great and a happy people.”

 

So where do the words of the George Washington Pledge come from? And what do I mean when I commit myself to it? See below . . . Read More »

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Comcast/TWC Merger Explained By Taiwanese News Animation

I will, eventually, have more to say about the Comcast’s proposed acquisition of Time Warner Cable (TWC). My first reaction, I will admit, was pretty visceral. “My God! Aren’t you already freakin’ BIG ENOUGH Comcast?” But then, I realized that I needed to actually calm myself, and recall that bigness is not necessarily —

OH MY GOD!! YOU COMCAST PEOPLE HAVE NO LIMITS! YOU’RE LIKE SOME GIANT, COAX-TENTACLED CTHULHU-BEAST THAT KEEPS PROMISING TO DEVOUR US ALL BETWEEN 8 A.M. AND NOON BUT DOESN’T ACTUALLY GET AROUND TO DEVOURING US UNTIL AFTER 3 P.M. BECAUSE YOU GOT ‘STUCK IN TRAFFIC’ AND A PREVIOUS DEVOURING RAN LONGER THAN EXPECTED . . . .

Breathe, Harold, breathe. Think policy. [pause for calm] Several folks have posted excellent policy analysis, starting with my Public Knowledge colleague Jodie Griffin in this blog post here to this excellent piece by David Karr to this more general expression of antitrust concern by Paul Krugman

COMCAST IS ALREADY BUYING A POWER COMPANY! A FREAKING POWER COMPANY!!! YOU ALREADY ARE DOMINATING VIDEO, DATA AND VOICE AND YOU ARE BUYING A POWER COMPANY AND RUN ALARM SYSTEMS AND ARE PROBABLY GOING TO IMPLANT CHIPS IN OUR BRAINS SO WE CAN STREAM XFINITY DIRECT TO OUR EYEBALLS AND —

As you can see, I’m still having a bit of trouble getting over my visceral reaction to the shear size and scope of this deal. So while I am calming down and getting ready to write my Insanely Long Field Guide To the Comcast/TWC Merger, I will simply let the good people at Taiwan’s fine Tomo News capture the moment. Because nothing really says “Comcast/TWC” better than giant robots and tasers.

Stay tuned . . . .

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AT&T/CIA Deal Violates Telemarketing Rules — So I’d Like to Opt Out.

It’s like getting Al Capone for tax evasion.

 

The CIA and AT&T figured out how to get around legal restrictions on giving the CIA access to domestic phone call information, but in doing so they violated a Federal Communications Commission (FCC) rule that protects you against telemarketing.

 

According to this story in the New York Times, the CIA paid AT&T to provide them with information on calls passing through its international telephone system. Because federal law prevents the CIA from spying inside the United States, the CIA could not legally get info on calls terminating in the U.S. because they are not eligible for any of the mammoth sized loopholes Congress has already punched in the fabric of our civil liberties. But, of course, calls from suspected foreign terrorists (aka “anyone outside the United States”) that terminate in the United States are the most interesting to the CIA.

 

So what’s a poor spy agency and a patriotic mega-Corp who understand that sometimes you have to break few privacy eggs to make a freedom omelet gonna do? According to the article, when a call originated or terminated in the United States, AT&T would “mask” the identity by revealing only some of the digits of the phone number and not the identity. The CIA could then refer this information to the FBI, which can use all those mammoth sized loopholes Congress punched in our civil liberties to get a court order and require AT&T to provide the rest of the phone number and all other relevant identifying information. Then the FBI can kick that back that information to the CIA.

 

Unfortunately for AT&T, this pretty clearly violates the Customer Proprietary Network Information rule (CPNI).  Fortunately for AT&T, it can solve this problem fairly easily by notifying customers of the possibility the CIA might ask for their phone number if they get a call from outside the country and asking customers who don’t want this exciting new service to opt out. Please start with Senator Feinstien and ask her if she wants to opt out of having her international calls monitored by the CIA. Given her legislative track record on this, I’m sure she won’t mind.

 

Some analysis of why this violates the CPNI rules below . . .

 

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Associated Press is shocked –SHOCKED — To Discover Government Cannot Be Trusted With Power to Spy

Dutch explorer and author Arthur Wichmann summed up the history of bungled exploration attempts of New Guinea with the phrase “Nothing learned, everything forgotten.”

I find myself thinking of this phrase in light of the revelations that the Department of Justice (DoJ) asked for, and got, two-months of phone and data records for Associated Press reporters. DoJ apparently asked for the data because it wanted to find the source of a leak that the Administration foiled an Al-Qeda plot. According to sources, the AP apparently sat on the story for several days to protect the lives of U.S. agents, but balked at further delay so the Administration could break the news itself in a press conference. AP accuses the DoJ of abusing its surveillance powers to punish AP for raining on its parade. Verizon apparently turned over the information with nary a quiver or question.

The Administration denies any knowledge of DoJ’s actions, it also denies any comparisons to Nixon, saying: “People who make these kinds of comparisons need to check their history.”

Actually, a bunch of us do and did. Which is why I say “nothing learned, everything forgotten.”

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Shutting Down the Phone System: Comcast’s Very Scary Filing

I’ve been sorting through the various filings at the FCC in the Phone Network to IP transition docket. I single out the 7-page filing by Comcast as the filing that scares the absolute bejeebers out of me.

 

Why? Because everyone else – no matter what their financial interest or political alignment – at least paid lip service to the idea that we ought to have some kind of regulation. Whether it’s a general nod to a “minimal and light touch regulatory regime” or a specific shopping list, the vast majority of commenters recognized then when you have something as big, complicated and utterly essential to people’s lives as the phone system, you need some kind of basic backstop for people to feel comfortable and to address problems that will invariably come up. Even AT&T has made it utterly clear that it does not see the future of phone service as a regulation-free zone.” Even staunch free market conservatives such as TechFreedom and Free State Foundation acknowledge that, as a practical matter, there is going to need to be some set of rules – even if they hope to keep these rules to what they regard as the barest minimum necessary.

 

Comcast, and Comcast alone, suggests otherwise. Comcast alone thinks we can manage the phone system as the Libertarian Nirvana. This smacks either of unbelievable hubris (“we’re so big everyone will have to deal with us – what could go wrong?”) or an incredible sense of market power (“we’re so big everyone will have to deal with us – heh heh heh”). Either way, this sends chills down my spine, because the filing signals loud and clear that Comcast – one of the largest providers of residential phone service in the United States, the largest residential broadband provider, and the single most powerful entity in U.S. telecom policy – simply doesn’t get it when it comes to the future of the phone system.

 

As I explain below, Comcast needs to understand that “With Great Market Share Comes Great Responsibility.” Because when you are this big, even what you don’t say can have huge consequences. Comcast is beyond “too big to fail.” It is now officially in its own regulatory category called “too big to be allowed to screw up.” Because Comcast is now so big, and so central to communications in the United States, that it could single-handedly crash the phone system by stupidly trying to manage it as if it were the cable world. Unless Comcast gets with the program and acknowledges the need for some kind of ongoing oversight of the phone system, this transition is guaranteed to become an utter disaster.

 

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Also posted in Life In The Sausage Factory, Series of Tubes, Tales of the Sausage Factory | Tagged , , , , | 1 Comment (Comments closed)

I’m Testifying Tomorrow And It Will Be WCIT-Awesome!

I will be testifying tomorrow at a joint hearing by the House Energy and Commerce Subcommittee on Telecom and Technology and Several of the Foreign Affairs Committees tomorrow, February 5 at 10:30 a.m. The hearing, Fighting For Internet Freedom: Dubai and Beyond will focus on the World Conference on International Telecommunications (WCIT) that took place in Dubai this past December.

If you click on the Hearing Homepage tomorrow, there should be a link for livestreaming. I am hoping this will prove entertaining and informative. Well, at least informative.

Stay tuned . . .

Also posted in Censorship Public and Private, International, Tales of the Sausage Factory | 2 Comments (Comments closed)

The ITU, WCIT and Internet Freedom

Very few people ever heard of the International Telecommunications Union (ITU) until recently – and with good reason. For more than 100 years, the ITU managed quite nicely serving as the forum for countries and telecom carriers to coordinate insanely-technical-mind-numbingly-boring-but-really-really-important stuff related to making the phone network work internationally, distributing satellite slots, and trying to harmonize what frequencies countries allocate to what services. But now the ITU has suddenly become very interesting. Why? Because the ITU members will hold a rare meeting — the World Conference on International Communications (WCIT) – where the 193 member countries will vote on whether to amend the current ITU rules (“ITRs”) that set the framework for all this extremely important boringness.

Unclear for now – especially in the pre-game – is whether and how the WCIT represents a potential threat to freedom of expression online. I recently had an argument with Professor Milton Mueller (see the comments section of this post on the IGP blog) about this. Milton’s central thesis is that the recent hysteria about the ITU “taking over the Internet” is overblown and that this is just about how carriers negotiate payments. This has been interpreted by some to mean that civil society organizations concerned with free expression online ought to stop fretting about fleets of UN black helicopters seizing the DNS rootservers and relocating them to ITU Headquarters in Geneva.

For a number of reasons, I strongly disagree with this assessment.  Even without the concern that the ITU will somehow “take over the Internet,” certain WCIT proposals advanced by a number of regimes that engage in Internet censorship threaten the future of free expression online. These proposals, from the Russian Federation and several Arab states, would for the first time explicitly embrace the concept that governments have a right to control online communications and disrupt Internet access services. This would reverse the trend of the last few years increasingly finding that such actions violate fundamental human rights – a valuable tool in trying to pressure repressive regimes to stop using such tactics.

More below . . . .

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Teh Day Teh Lolcats Deaded

Ohai! Plz watch dis fair use parrotty dat explains why PIPA iz so bad. Den call yr Senators and tellz dem:

PIPA — ME NO WANT!!!

 

kthxbai

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