FCC

Will Oprah be Fined?

This entry was posted in bush Constitution Election 2004 FCC Federal Government Libertarianism Regulation on by

Kevin Aylward reports on an FCC investigation that may result in large fines for Oprah:

Using the recent FCC fines against Clear Channel Communications for airing indecent material on a Howard Stern radio broadcast, the 1900 complaints against a single episode of the Oprah Winfrey Show should lead to $5.9 million dollar fine.

If they actually do this I hope it happens well before the election. I have visions of huge anti-talibanbush rallies populated by hordes of Oprah and Howard fans.

Privacy, Forget It

This entry was posted in CAPPS II Constitution Domestic Terrorism FCC Federal Government Internet Law Enforcement Libertarianism Patriot Act Privacy War on Terrorism on by

The US National Security Agency apparently played a major role in the arrest of 9 folks in Britain and 1 in Canada on charges of planning a terrorist act and belonging to a terrorist group. The key: an intercepted email message:

“That’s the first admission I’ve actually seen that they actually monitor Internet traffic. I assumed they did, but no one ever admitted it,” Mr. Farber said.
Officials at the NSA could not be reached for comment. But U.S. authorities are uniquely positioned to monitor international Internet and telecommunications traffic because many of the world’s international gateways are located in their country. And once that electronic traffic touches an American computer — an e-mail message, a request for a website or an Internet-based phone call, for instance — it is routinely monitored by NSA spies.
“Foreign traffic that comes through the U.S. is subject to U.S. laws, and the NSA has a perfect right to monitor all Internet traffic,” said Mr. Farber, who has also been a technical adviser to the U.S. Federal Communications Commission.

Uhhh, no they do not have that right and to the extent that there are laws allowing this behavior they need to be severly curtailed if not eliminated. There is too great an opportunity for abuse and, at minimum, these searches should not be allowed without probable cause. This does not appear to be the case at NSA.
Frankly, I would have expected Farber, who sits on the board of the Electronic Frontier Foundation to express a little more concern about this.

A Lesson for the RIAA and MPAA

This entry was posted in Capitalism Economics FCC Libertarianism Marketing on by

Lost in their ongoing attempt to keep the music market constrained the RIAA continues to harrass music downloaders and the MPAA is attacking peer 2 peer applications and working to have anticopying technology built into consumer goods.
They would, perhaps, be better served to look at what is happening over at that bastion of capitalism on the web: the Ludwig von Mises Institute. Amongst other activities these folks sell books and an interesting thing has happened to the volumes that they have made available on the web: the sales of paper copies improve. For example, they recently made a book called Omnipotent Government available on the web:

What happened was precisely the reverse of what the publisher expected. Instead of lost sales, the sales of the book shot up. In the few weeks since the text went online, more copies of this book left our warehouse than during the whole of the last decade.

The RIAA and MPAA folks would do well to think about this:

The point is to expand the market and not assume a fixed number of consumers. Books online and offline reinforce the viability of each other, just as movies in theaters boost movies in rental, and free radio helps the market for CDs for purchase. It takes some thought and entrepreneurial judgement to understand why, but the history of technological development informs the case.

Read the rest of the article.
Via Hit and Run.

FCC and Your Listening Choices

This entry was posted in Constitution Culture FCC Libertarianism Regulation on by

Inspired by a particularly gross talk show episode the FCC is looking to envigorate their efforts “to crackdown on indecency in broadcasting“:

The agency not only warned Infinity that it might lose its license if it does not clean up its act, but announced that any broadcaster who runs afoul of the vague indecency standard will face “strong enforcement actions, including the potential initiation of revocation proceedings.”

Given apparent ongoing congressional intent to oversee our reading and listening habits I suspect we will not be able to look to congress to properly slap the FCC as it has done regarding the media ownership issue. So this FCC behaviour is likely to end up in the courts hopefully it will be tossed out with the trash.