Recently in Congress Category

Ok, so yesterday I posted the witness list for today's Net Neutrality/Broadband hearing. I could have woken up at 5am to beat the line standers and get a seat with the lobbyists who pay people to stand in line for them in the halls of the Rayburn building, but I didn't. 

I could be listening on the Audio Webcast. I tuned in for about 10 minutes, and haven't been impressed yet. I've got other projects, other things to work on, so I'm listening but my attention has not been caught. Why? Have you ever turned on your favorite TV show expecting a new episode and instead getting a rerun, or worse yet, a 3 hour extended version of American Idol? You know what you'll be seeing and hearing. No surprises, nothing to discuss with your friends. Just the same, this hearing, despite a few new faces, was a rerun in a series over the past year or so, including a few at the FCC. 

We know who the players are and what the plot will be. I'd rather just spend my time working on the things that I can't predict than sit through hours of talking, when instead I can read my good friend Drew Clark or Andrew Noyes' (of Tech Daily Dose/CongressDaily fame), aka "That Other Andrew (tm)" or one of his colleagues write an excellent summary of what I already know is going to happen. Just think about this...

Posted to Broadband | Congress | FCC | Google | Net Neutrality | Politics | Rants | Telecommunications | Wireless
Rep. Ed Markey (D-MA) and his Subcommittee on Telecommunications and the Internet will be holding a hearing tomorrow on H.R. 5353, the Internet Freedom Preservation Act of 2008. The bill would direct the FCC to figure out exactly how many households get real Broadband service, as well as establish very basic Net Neutrality protections.


Steve Peterman, Executive Producer, Hannah Montana (against)
Mitch Bainwol, CEO, RIAA (against)
Kyle McSlarrow, CEO, NCTA (against)
Ben Scott, Director, Free Press (for)
Walter McCormick, CEO, USTA (against)
Christopher Yoo, CDT (against, academically)
Michelle Coombs, Christian Coalition (for)
Scott Savitz, Shoebuy.com (for)

The makeup of this all-star panel is pretty obvious. Big Media doesn't like broadband because it allows for new business models, so they're going to complain about how big pipes lead to piracy.

Big Telecom doesn't want Net Neutrality so they can charge Big Media for Big Bandwidth, and hit consumers a second time with tiered pricing and "preferred" content.

Those who are for it are pretty obvious. The black sheep? The Christian Coalition. Yeah, them. Surprisingly enough, they've taken a very, very strong pro Net Neutrality stance because they're worried about the censorship or slowing down of religious content, and possibly the rights of end-users (parents) to filter.

Strange bedfellows, eh?
Posted to Broadband | Congress | Net Neutrality
As if FCC Chairman Kevin Martin troubles weren't enough as is, yesterday they Chairmen of both the full Energy and Commerce Committee and the Subcommittee on Telecommunications and the Internet sent a letter inquiring as to the status of the XM-Sirius merger.

Read it and weep.

How about those June hearings?


Posted to Congress | FCC
I'll leave the good stuff to Ars Technica, but Howard Berman's bouncing baby copyright bill is one step closer to becoming law, sailing through the Judiciary Committee.

The bill would create a new position for a federal copyright enforcement czar, establish a new copyright enforcement division within the Department of Justice, and would also permit law enforcement agents to seize property from perpetrators of copyright infringement. 

Posted to Congress | Copyright
While I won't make any jokes about Cher or trees, or skiing, I will give a hat tip to That Other Andrew(tm) for pointing out the reintroduction of bills governing "Orphan Works" under copyright law.

For those who are unaware, it's illegal to use a copyrighted photo, image, piece of music, film, or written work without the permission of the copyright holder  or successors, including heirs. When people die, the implied copyrights of their family photographs (implied copyright means that anything you create, you own the copyright too, at least since the Copyright Act of 1976) is probably not something given much attention to in their wills.

Anyway, under current law, if you can't find the holder or heir, you can't get permission to use anything, and you can't use it. The bills, introduced last week by Sen. Patrick Leahy (D-VT) and Rep. Howard Berman (D-CA) (Andrew interviewed Rep. Berman last month at Tech Policy Summit) would create a "safe-harbor" for those who make a good-faith effort to track down owners of this stuff, and if someone pops up later would entitle them to collect something without the hassle of litigation or liability.

Doesn't this seem a bit silly? Well, it is. Who can we thank for this? 

Bono. Not the guy with the glasses, the one who was married to Cher.

Posted to Congress | Copyright | Courts
John Kerry made a good point at yesterday's Senate Commerce Committee hearing (which I live-blogged). He noted that the last major revision to communications law in 1996 was mostly written to deal with telephone competition, and while he said that by now saying the Internet is the "future" has reached cliche level (it's the present, actually) that our last attempt to make policy was obsolete upon signing, dead on arrival.

Let me repeat that. John Kerry understands we're 12th in the ITU's "digital opportunity index." This is "Mr. Out-of-Touch" John Kerry, and even he understands what we have no broadband policy at all (which really is the official policy, to have no policy and let the "market" deal with it). Policy is no policy, sounds like J. Alfred Prufrock does Broadband, doesn't it?

For the more fun part of the hearing, I'll defer to Tech Liberation Front and their notes on celebrity testimony. Why was Justine Bateman a witness? I sort of fell asleep during that part of her testimony. Not really, but I wasn't quite alert to live-blog it as much as I cared about say, the FCC Chairman or Larry Lessig.

Another flashback and money quote from TLF on celebrity testimony:


So there's another Net neutrality hearing today. I'm beginning to think we'll have to endure one every week for the rest of time. Anyway, today's took place in the Senate Commerce Committee and it featured the testimony of 1980s TV star Justine Bateman, who was in the sitcom "Family Ties."....


...my favorite celebrity testimony of all-time had to be from 1993, when Sheri Lewis and her sock puppet "Lamb Chop" testified in favor of the Children's Television Act, a law regulating educational TV programming. What made is so special was not that Ms. Lewis testified alone. Lamb Chop testified too! I wish I had the video of that to post here. I mean, there was a woman with a hand in a sock making it talk to elected members of Congress... and they were listening. Awesome.


I am going to find that video. Apparently, Kermit the Frog has also appeared before Congress. I will find proof. This I swear.
Posted to Congress
The Senate Commerce Committee will hold a star-studded hearing tomorrow on "The Future of the Internet." Witnesses include:

Opening Remarks

Witnesses

Opening Remarks

Panel 1
The Honorable Kevin J. Martin
Chairman
Federal Communications Commission

Panel 2
Ms. Michele Combs
Vice President of Communications
Christian Coalition of America
Dr. Robert Hahn
Executive Director, Center for Regulatory and Market Studies
American Enterprise Institute
Mr. Patric Verrone
President
Writers Guild of America, West
Ms. Justine Bateman
Actress / Writer / Producer
Mr. Kyle McSlarrow
President and CEO
National Cable & Telecommunications Association
Professor Lawrence Lessig
Stanford Law School

That's right, peeps! K-Mart is testifying! K-Mart! and Lessig! and McSlarrow! Oh, My!

I'm getting in line early, that's for sure. Those line standers ain't got nothin on me. Bring it.



If I can get into the room, we'll see some fun live bloggin'
Posted to Congress | Internet
Representatives Zoe Lofgren (D-CA) and Chris Cannon (R-UT) introduced the  "Cell Tax Fairness Act," which is CTIA's latest baby.  Basically, the act calls for a five-year hiatus on raising or introducing new mobile phone taxes.  These taxes are much higher than the average taxes on good and services and have grown at a rate of four times the rates of other sales taxes.  CTIA goes on to contend that having an industry that is growing and changing burdened by excessive taxes will stifle innovation.

But here's the entire CTIA press release, right from CTIA

WASHINGTON, DC - On Tax Day, CTIA-The Wireless Association® and its member companies are urging Congress to pass legislation requiring a five-year hiatus on new discriminatory state and local wireless taxes.  To achieve this goal, Representatives Zoe Lofgren (D-CA) and Chris Cannon (R-UT) introduced the "Cell Tax Fairness Act" today in the U.S. House of Representatives. 

"The wireless sector of the technology industry continues to be an important driver for growth in our nation's economy.  Americans don't just talk on their wireless phones anymore; they access the Internet, get information, pay bills and use wireless to be more productive at work and other every day activities, " said Lowell McAdam, CTIA-The Wireless Association® Chairman and Verizon Wireless President and CEO. "With about 15 percent of each customer's monthly bill already going to taxes and fees, increasing discriminatory and unfair taxes on wireless customers presents a clear and present danger to future growth.  Policymakers should roll back taxes on wireless customers."  


Posted to All | Congress | Mobile Phones | Quickies
Wired News has picked up on the massive "user revolt" over Flickr's new video features.

The quick version of it: "Pro" users (like me) that pay $25/year to host tons of our photos, some of whom are quite serious photographers...don't care that much about video, and are angry that Yahoo just "threw it out there" without any beta, user feedback, or even...a market for it. Quoth one angry Flickr-er:

The big issue is the way it was implemented," said Jason Bouwmeester, a systems analyst in Canada and one of the group administrators for No Video on Flickr. "There was no public beta.... They just reset everyone's settings."


Quite rightly, Underwired (that's Wired's oh-so-clever Blog name) points out that the new feature takes away from Flickr's purpose - photography.

How does this tie into government (and why the heck would I, you might ask)?

Well, a complaint about lawmakers is that they like to make big sweeping things happen with bills and leave details up to the regulatory agencies (think 1996 Communications Act and the FCC) that bog down the implementation with tons of nitpicking, minutiae and...whatever else makes up the Code of Federal Regulations.

Of course, there's always the tie-in about how the $25 user fees were spent implementing dumb 90 second videos and not...making Flickr better.

"I had hoped my [Pro membership fee] would go to fixing issues with the site, not to starting a video application," said Bouwmeester. "I can't see them reverting [the video service] altogether, but they should have some way for users to ignore it."

I hope people complain as loud when their taxes get raised and their roads don't get fixed. Yahoo should take a lesson from good business and good government, and give the Flickr "taxpayers" a ROI instead of stuff they don't need.
Posted to Bad Business Ideas | Congress | FCC | Taxes
I've written some of my best articles on flights home. Now I realize why:

Four weeks ago I had 5,250 emails in my inbox. Today? 10.

What's the difference? I've been on lots of airplanes in the past month. Why is that important? Because in airplanes there's no Internet. Nothing to distract you. I find I can answer about 10x more email in a plane than I can on the ground when the Internet is there to distract me.

That taught me an important lesson.

Want to get something done? Turn off Twitter. Turn off Facebook. Turn off blog comments. Turn off FriendFeed. Turn off Flickr. Turn off YouTube. Turn off Dave Winer's blog and Huffington Post. Turn off TechMeme.

Turn off the distractions.


Wow. That's blunt. On the other hand, maybe Congress would get more done if cable news didn't generate another outrage to be handled every few days. Think about it. How many "action alerts" generate tons of constituent spam from people who are barely interest in a cause? Just enough to fill out a form, not enough to call. What if Congress only listened to those who cared enough to do more than click a few buttons? Is E-Government really the answer, or do we need to slow down and pay attention to the most intense voices instead of the ones that repeat the same message over and over again? 

24 hour news cycle. Email. Twitter. RSS feeds. Click to complain forms. Nancy Grace. Turn it all off. 

Good advice.
Posted to Congress | Internet
"It's official: Congress has given up on the actual world."

Note: We Live Blogged this hearing when it actually happened.
Posted to Congress | Humor | Second Life
In just over two weeks I'll be speaking (hopefully) with Alex by teleconference at Podcamp DC, which is a BarCamp style "unconference" dedicated to social media and its various applications and forms.

My talk is tentatively going to be titled: "Exploring Robot Awareness: How to write about serious subjects without taking youself too seriously and losing your audience." 

Too many bloggers on a "mission" don't want to go off message, but what really brings readers back isn't just the hard content, but the passion and personality behind the words. I couldn't care less about meeting your average pool reporter, but I'd have a question or two for many bloggers, even those like myself who consider themselves journalists.

The temptation when trying to work as a journalist is to go all the way an adopt their rules, while we have the advantage of setting our own ethics and conduct that may be superior to what the traditional media say should be standards of conduct. We're also far more self-policing. 

That being said, we can't write about our chosen topic all the time, so I'm going to talk about how to draw the reader into your personality. When a reader is invested in you, your opinion matters, and your facts count more than if you're just some dude with a blog.

Not taking ourselves too seriously opens the door for all kinds of relationship, partnerships, and for people to see you a potential collaborator. Even if you're the most cutthroat guy out there, it never hurts to have friends, favors to call in, and if people like you and you are known as a nice guy, you'll get access to things based on your reputation alone. 

I have one criticism of many bloggers before I got bed (it's almost 430 am here), that many maintain multiple writing identities. One may wear a MommyBlogger hat half the day, but a Political hat later. I don't have a problem with it, but when you write on serious issues and want to make an impact, I feel (at least as an outside observer, and a guy at that) that if you identify youself as a "mommyblogger" you're already in a pigeonhole. 

Keep the topic serious, keep the tone light, and don't forget that you can sacrifice 2-5% of hard content for 2-5% of stuff designed to keep readers more engaged with the publication. 

Most political bloggers have an over-inflated  sends of worth to the nominating process, and it's turning off alot of Dem voters. Why? We don't want to hear screed after screed. Maybe the way to start is to revitalize the high school school papers and introduce first-person blogging as a legit form of reporting. 

Anyway, the point is when blogs start to become "mainstream" some wax philosophic about how they comply with this or that ethics code. That's nice, but the thing that will keep your readers coming back is not dry AP style content, but timely bursts of uncensored information that will keep us all far more informed than we are were back when we had to wait for the Wire Services, Radio, and Broadcast News. 

You can be a broadcaster, but you need to stay on target and don't bother fact-checking if it's from a reliable source unless you can do it quick against PACER, FCC, THOMAS, etc. How about a nice federal prize for someone tk build a common CSS template for all US Government websites with local numbers fior energencies, health care, city services bills.

So, I guess the question is when does blogging become journalistic. Obviously the galleries are loath to deal with the issue, as it could lead to all kinds of crackpots. On the other hand, could a third party certify that the blogger (who, doing his own camera work and editing takes up less of a footprint than a regular reporter)is bona-fide and engages in coverage of the House, Senate and Federal Agencies.

I won't hold my breath.
Posted to Co-Ops | Congress | feedback
We're going to be semi-liveblogging the hearing as I can take breaks. 

9:39am: Chairman Markey describes this as one of the most "fascinating hearing we've ever had." In fact, they are simulcasting this hearing in Second Life. Chairman Markey's avatar looks like it's been working out, apparently. 

He welcomes an avatar named "Wild Cunningman" who was created by a group of adults with Cerebral Palsy in Markey's district. He cites this as a prime example of how broadband can empower those with disabilities. 

Also, Mitch Kapor (of Lotus fame) is also present in the 2nd life hearing room. Also, Avatars from several journalists, NOAA, and other agencies are present in the virtual hearing room. 

Markey is waxing eloquent about the beauty and power of virtual worlds as the cutting edge of "Web 2.0" *groan* and lumps them in with Facebook, Flickr, etc. Cites IBM as an early adopter of virtual worlds, and touts their usefulness in the future of business.

Markey is concerned that real-life concerns will spill over and require policymakers to watch virtual worlds to make sure virtual people have the same rights as the people behind the avatars. Markey, however, is adopting a totally positive tone on this.
 
9:45: Stearns (R-FL), Ranking Member speaks, is proud of this being the first "virtual hearing." He notes Markey's avatar is younger, faster, stronger.
 
Online virtual worlds are limited only by creativity and bandwidth.

Stearns is excited by the possibilities of a highly competitive (but not highly regulated) world, and he believes that virtual communities can be the future of the internet. The hearing will explore some "challenges" that Linden Labs has encountered while building second life. 

Notes that IBM uses 2nd Life as a videoconferencing system. WSJ reports that 2nd Life's GDP is $500-600 Million. Some gamers consider their virtual friends equal to their IRL friends. Is he being sarcastic?

Stearns wants to be vigilant about crime, "online communities enable...vicious social ills...and sexual predators..." Commends Linden for being pro-active. 

Stearns offers to take over the Subcommittee if Markey wants to stay in Second Life.

Next is Harman (R-CA). Harman notes that Congress can be considered a virtual world, that they might as well send avatars to vote for them. Notes that 2nd Life can provide language training, commerce, and things that we can't imagine right now. 

Harman brings up the spectre of Terrorism, that Islamic Terrorists are using Second Life. She's not advocating censorship, but says that a clear understanding will help us fight. Thanks the Chairman (and his Avatar). Suggests that the real reason Markey holds the hearing is to gain experience points in WoW, but that it only carries 2 points.

Shimkus (R-IL) is up next. Notes that Avatar means "god" and that Virtual Worlds portray things that might not be real, and admits his ignorance and wants to learn.

Markey: "only Lobbyists see us as gods."

Boucher yields to Eshoo.

Eshoo (D-CA) welcomes Linden's reps from her district. Mentions the phrase "get a life." Notes that Social Networking was once considered dumb but is now a major force, and sees the same for virtual worlds. Says the technology is transformative, allows for new ways of learning, collaborating, working, etc.  Eshoo refers to the VA Tech tragedy in Boucher (D-VA)'s district, and the memorial there in 2nd Life. She's excited, but has to excuse herself for an intelligence committee meeting. "This is a Real Markey Hearing."

Next is Stupak (R-MI). 

Number of subscribers will pass 50 Million users in '08. Over 60 schools have set up virtual schools in Second Life to teach effectively to students thousands of miles away. Mentions that many companies have opened virtual storefronts. Stupak of course brings up the law enforcement angle, brings up last year's Social Networking hearings, and wants to know about child protection. Cites the (bad) statistic that 1 in 5 kids are sexually solicited online, and raises questions about anonymity and the speed which anyone can change identities.

Also, Stupak is concerned over addiction to the programs. 

Green (D-TX) notes that he might not break his finger playing basketball on Second Life. Doesn't play, but is looking forward to hearing about commerce, brand promotion and educational uses of Second Life. Notes that former VA Governor Warner (D) had an Avatar. 
 
Green brings up broadband, looks forward to a 3rd pipe.
 
Doyle (R-PA) notes that the hearing is in Second Life, but not the only virtual world. Shows avatars of him and his staff. Notes that because tomorrow is World Autism Day, notes that virtual worlds allow those with Autism to have a voice in ways that other methods have failed. Puts into the record a Wired article (I am looking for link now) about Second Life and how it has helped Autistic people.
 
Doyle brings up Net Neutrality. Instead of bandwidth scarcity, we need to have an abundance and build more bandwidth.
 
First Witness: Phillip Rosedale - founder of Linden Labs, former CTO at RealNetworks. Rosedale's opening statement..."virtual worlds are fundimentally altering the way the internet is used...and changing the nature of communication itself..."
 
He believes he is creating a new platform for the 'net in every way, social, educational, scientific. Linden was founded for community experience.
 
900k users in past month of Second Life. 50-60k logged in at any time. Why growth? Second Life is the next step in the use of the internet, allowing a 3D environment far more rich than the 2D world. While it started with playful self-expression, it's starting to have real-world implications for educators, scientists, protests, commerce, and mixing across real-life boundaries caused by geography, language, culture, or lack of information. Prepared a video. Let's watch.
 
(video)
10am
Gartner says by 2011, 80% of users will have avatars.
 
Second Life's microeconomy helps entrepeneurs. Developers earn real money for designing avatars and platforms.
 
Points out Harvard's Berkman Center has a presence in Second Life. UIUC's School of Public Health lets gov't agencies simulate problems and learn from them. Non-profits hold fundraisers. Grassroots efforts get planned, tested and executed. He's referring back to the Autism thing again. Now we're talking about Second Life job fairs for real jobs. Even Gov't agencies have used it (repeats NOAA story again).
(/video)
 
So why does this matter? Rosedale marks a big leap forward for communicating over distance, with presence even if users are miles apart. Multi-tiered platform with dimensions that do not exist. Better than traditional videoconferencing. That's why large companies are using Second Life.
 
Also, entrepeneurs have been able to create an economy, and it will spill into the real economy.
 
Markey notes his only request was that his avatar have a green tie.
 
Next witness: Susan Tendee of TechSoup to talk about non-profits in Second Life. Allows non-profits to better understand communities not their own, and create presence for fundraising. This goes beyond how they have leveraged existing social networks...lets them discuss climate change, human rights, other issues. Non-profits are at the forefront of Virtual Worlds, and Second Life is the king of them. Easy way to bridge communication gaps and archive activites.
 
Examples; Virtual Vietnam Memorial. Lets wheelchair-bound people run, etc. Provides safe haven for AA, Cancer Support Groups, etc.
 
Rich educational experiences like walking throguh a human heart...
 
Non-profits across the globe can use this stuff.
 
Next Witness: VP of Digital Convergence from IBM.
 
This augments the capabilities of the net. IBM is a firm believer that virtual worlds can improve both private sector in government by promoting and supporting learning, participation and commerce. IBM is working to "unlock the business value" and drive entreprenurial activites...
 
Final Witness: Larry Johnson, leads a consortium of academics working in virtual worlds.
 
Notes that he is the same IRL and 2nd life. No matter what happens in a virtual world, only extends our understanding of the real world. These are not games.
 
(taking a work break...will be back during questioning, or Alex will)

(hi, it's Alex filling in now and then)

Questions:

Markey wants to know what kind of transactions in Second Life raise "red flags"

Answer is when Linden Dollars get converted to $US. Software allows them to examine transactions. Notes that the fraud rate is .2% when the regular e-commerce fraud rate is 1%. Markey asks about recourse...answer is that Linden doesn't regulate transactions between buyer and seller, caveat emptor, but has a degree of accountability and traceability that beats the real world. There is a trail of ownership with digital objects.

"We are in a reasonably good place overall."

Markey to IBM: What kind of jobs does IBM have in 2nd Life?

A: Telecommunications, health care, development jobs...collaborations that can take place across the global economy.

Stearns: Do any POTUS candidates have avatars?

Rosedale doesn't know. They're not sure who has them, and to his knowledge the Second Life election hasn't begun.  Stearns asks why he's stepping down as CEO as of 3/14. Answer is that he wants to focus on design and development, not management. *Paging Mark Zuckerberg!*

Stearns notes that there is a 2nd Life for teens. How does he keep adults out and visa-versa?

A: They take child protection very seriously. Teen Second Life is very social, and their best practice is to educate users to identify anyone who might not be a teenager. Stearns asks about people "camouflaging themselves" as teens. How do they check? 

Rosedale requires a stronger degree of initial identity, but doesn't ask for drivers' license or Social Security number, but asks for telephone information and self-description. Stearns is a bit paranoid, says people have "covert intent" and accuses Linden Labs of not screening "beyond their own words." Rosedale is handling this well, and notes that users are "rigorously self-policing" and this far there is no evidence. 

Stearns asks if they use the FBI. Rosedale says they've invited the FBI into the "main grid" but haven't had a reason to do otherwise in the "teen grid."

Question: why aren't you proud 2nd life has made money?

A: More proud that individuals are able to make money in 2nd life.

Harman is up now. Notes this AM's Roll Call.

Points out Sunday TImes article "Virtual Jihad hits Second Life" (looking for link) and talks about extremists using Second Life to communicate, prostheltize, blow up virtual buildings, etc. Harman is not advocating censorship (she says) but wants to know what we can do to make sure these "glorious tools" don't facilitate terrorism. Asks Rosedale to elaborate on policies against illegal activities.

Rosedale: When people extract money, they run it through several tests. Anything larger than US$10, a real person looks at it. Can look at transaction history and use pattern recognition to find "non-standard" behavior which is easy enough to spot on money side. Two more issues:

w/r/t Terrorism, he hasn't seen ANY evidence of it. second, because identities are recorded along with activity, virtual worlds can be MORE policeable.

Harman isn't letting go and asks other witnesses:

Witnesses aren't biting, and speak positively about how Second Life users defend their own community as their own. Good for them for not taking Harman's scaremongering, ignorant bait.

Now it's Shimkus (who doesn't have an avatar, he notes). Shimkus brings up OECD broadband, and asks 4 Dingell yes-or-no style questions:

Are you aware that if every country applied OECD broadband standards, USA would drop?

Are you aware that USA has 4 times Second Life users than next country? Yes.

Are you aware that USA has 6 million broadband subscribers, more than next three combined? Yes. (DEFINE BROADBAND!!!)

Are you aware that if you break down by state, 8 states would take the top spots, bottom 3 would still break EU rankings. Shimkus is pissed that we're being compared to Europe. He thinks it's unfair that we compare ourselves to Europe in broadband penetration. (He is a pro-market, competitive republican, he says) and is concerned about government manipulation of markets.

To Rosedale: Why limit users in the hearing? Does that make "network management" necessary? (stupid, stupid stupid question. not sure what Shimkus wants to hear...)

Rosedale: Much like in the real world, you can establish a capacity limit. He's not sure how they limited who could be in the same room. It's pragmatic because of individual's computing capacity, not network.

Now Shimkus wants to know if there are churches on Second Life and is baiting Rosedale (who is a Jew) to admit that they restrict fundamentalist christianity on the service. Rosedale didn't bite.

Stupak wants to know about the minimum speed required, and the ideal speed.

Answer from Rosedale: any broadband connection. several hundred Kilobits/second. Second Life can scale to more, improving the quality of the experience. As we improve broadband, we can improve the world. 

Now Stupak is scaremongering about child predators on Second Life. He's basically asking how much spying Second Life does to find "predators." Rosedale says they can review communication history for several weeks, long enough to investigate. Repeats that the community is self-policing in an aggressive manner, and that the community has had little to no activity in that manner, and when it has popped up, they have dealt with it. 

Stupak wants to know of Second Life runs Dateline-style "stings." While Rosedale says the company hasn't, he wouldnt be shocked if police have.

Now he asks about addiction to the good Doctor. Answer is that it's more related to the gaming market, and that in an educational context he hasn't seen it. 

Rosedale defends himself aggressively against this idiotic line of questioning, saying that Linden doesn't impose a limit on use, and that some applications (building businesses) might be good to spend more time in for Americans.

Stearns asks about future 3D capabilities. Answers generally follow the course of normal innovation. These questions are getting inane. Stearns asks if IBM is making money in 2nd life. Response is that it's more a marketing experiment, and that there is maybe cost savings in training.

(is Stearns getting to a tax issue?)

He asks: what makes IBM want to use Second Life? 

Answer is that the 3d simulation makes it easier for people to use and understand. Simulation-based training is more cost-effective. 

To Dr. Johnson: Why treat avatars and people the same? They can have a different kind of lifestyle. Answer: People are still the same, but  Avatars let them express themselves differently. Bottom line is that we connect in the same way that we connect in real life. 

Rosedale says that people are "extending" their identity. People have an attachment to their avatars. These identities are durable and sustained. A benefit is that there is a lack of anonymity because in business and social contexts, people want to maintain reputation. 

I think that's it. Gavel is down, hearing is closed.  

Posted to Congress | Second Life
There will be lots of fake news today. We may even link to some that we find funny.

On the other hand, Congress is in session with at least one hearing that either Alex or myself may live-blog (since getting in the door with a camera requires dealing with the Galleries, the subject of a whole series of articles entirely).

We'll try to keep you updated on all tech policy related news, fictional or not. You deserve that much.



Posted to Congress
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Brian Knapp is Chief Privacy Officer for loopt, the "mobile social networking" company recently promoted by Sprint-Nextel and Boost Mobile using those adds with people wearing fat suits floating in swimming pools. Knapp describes loopt as "a mashup of google maps and twitter..." (a thousand web 2.0 marketers heads just exploded, but he's pretty spot on, actually).
 
 We took advantage of some downtime here at TPS to talk about his service, why it's cool, semantic games like "tracking" versus "location sharing", and, most importantly, how entreprenerus and innovators with potentially controversial technologies can get out in front of the doomsayers, horror stories and local news anchors. I'm very impressed by "where he's at" on how tech entrepreneurs can deal with Washington. Finally, a company that has the right idea. 

Posted to Congress | Interviews | Privacy | Social Networking | Tech Policy Summit | Telecommunications | Wireless
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Host Steve Wildstrom is introducing them, and I'm going to take pictures, but I will liveblog as I can. Here we go:

5:45pm: Noyes is introducing Congressman Berman...talks about his gift for creating bipartisan coalitions. Expert on pretty much everything. Here he is!

Andrew starts with Patent Reform. Berman is concerned about "business method" patents...the system is broken, and they're trying to fix it, along with Rich Boucher (D-VA)

Berman has brought up patent trolls and damages. He's obviously a BlackBerry addict. That's how they got the Damage Apportionment part of the bill...to reduce the financial incentive for trolls.

The bill also harmonizes our law with International Patent law. He thinks the bill has "kept faith" with the goals, and it's in the hands of the Senate now. He has faith in Majority Leader Reid (D-NV) to get it through. Hoping no conference. 

Four Senate Issues:

A) Damages
B) Post-Grant Review
C) Venue - no more Eastern Texas?
D) People who oppose B and C still want changes (doctrine of inequitable conduct, etc)

On Damages: the damages awarded must be related to the value of the component infringed, not withstanding willful infringement. They will not back down on this. 

Noyes: Can you handicap the Bill's chances? Is this must-pass for the 110th?

Berman: If it waits, it will wait for someone else because of Tom Lantos (D-CA)'s passing. He won't be the Judiciary Subcommittee Chairman next year. Pelosi wants is done. Reid wants it done. Republicans want it done. The problems will be worked out, because everyone believes there must be reform. "We can sort through these issues."

Now on to the PRO-IP Act. Noyes notes the damages provision was stripped out. Berman maintains that damages were enhanced in other areas, and the bill will move ahead. Bush Administration needs to get more focused on the value of IP in terms of the economy.

"Digital and Hard Copy Piracy of Copyrighted Works is a Very Serious Problem..."

Berman wants the USDOJ more engaged on enforcing IP and Anti-Piracy/Anti-Counterfeiting. Supporting coalition includes unions, various companies, law enforcement, etc. He wants the White House to coordinate enforcement.

Noyes asks if the current group is not meeting expectations. Berman isn't dismissive, but believes the priority should be higher because IP is "essential to our own economic future."

Berman believes it will pass this Congress.

Berman also considers Orphan Works an issue, and will could roll the bill into either the Patent or IP bill.

Noyes asked who will Chair the Subcommittee next year. Berman isn't going to endorse anyone just yet. He's excited about Chairing Foreign Affairs, and notes that there are still IP issues under that Committee and provides him with a whole new arsenal. "We can use force!"

When I asked Congressman Berman if he had advice for start-ups looking to avoid regulation or excessive scrutiny, he said that there can be a "sweet spot" for new technology, and as long as people do "what is right" and don't try and blatantly make money off of other people's IP wthout recompense, there would be room for people to innovate.


Pictures on Flickr.

Posted to Congress | Patents | Tech Policy Summit
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This panel (a good one) is about how much tech policy will influence the next President. Panelists include:

Tony Perkins - AlwaysOn
Andrew Rasiej, Personal Democracy Forum
Alec Ross, former editor of Red Herring.
Rick White, former Congressman and now of the Wood Bay Group


Rick White noted that tech policy does not drive public policy. 

The Red Herring rep noted that then Governor Bush said that 1/3rd of startups in the Valley are started by immigrants, and that President Bush was in favor of immigration helping to foster innovation. #1 Tech Issue is Innovation and that McCain and Bush have been unfairly attacked, but better policy is necessary for a "tech president."

Another interesting note: Broadband is classified as an "entertainment service" and therefore cannot be brought into public housing using public funds, and that there has not been any ear in the White House to fix this. The three remaining '08 candidates understand that Broadband policy is quite important for our economic future.

Andrew Rasiej from PDF asked if we'd solved the digital divide. He noted that the definition of "wired" has changed, and that 10 years ago a business card w/o an email address would not be unusual. He also noted that the "digital divide" goes beyond simply connecting people, it means empowering people to use it. 

Rick White asked if the money would be better spent on school lunches. Interesting for a panel on Tech Policy. 

The moderator, Sarah Lai Stirland asked what the role of Lobbyists would be for a "Tech President" and noted that Sen. McCain and Clinton have massive amounts of telecom lobbyists on their campaigns. While acknowledging their legitimate role, she asked about the proper role.

Alec Ross would (rightly) not say anything that damns them (lobbyists), saying that they do play an important role. The question for him is "what is the balance?" and called for transparency in communication between legislators, regulators, and lobbyists. He noted that Senator McCain had sent letters on behalf of Paxon Communications (now ION Media Networks) to all five FCC Commissioners regarding the DTV Transition, and wondered if those letters could be made automatically public (since right now they are available, but only after a FOIA request).  Congressman White noted that he didn't see a reason why these types of communications between public officials should be public.

I challenged him on this and got no valid answer, especially when I pointed out that McCain was acting on behalf of a donor, not a constituent (ION does not operate any Arizona stations) and that the delay in the DTV transition has harmed the ability of first responders to have interoperable communications. 


Posted to Congress | DTV | Election | Lobbying | Politics
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I've missed too much of the Trade and Protectionism panel to do a good write-up (although I've got a few good photos on Flickr), but my time away from that panel was well spent.

I sat down with Prith Banerjee (a panelist this morning) and Gary Fazzino, VP of Government Affairs at H-P, to talk about the role of Government in "incubating" new innovations with the help of academia and the private sector, as well as how new technology and entrepreneurs can avoid the pitfalls of bad PR that leads to bad legislation.

You can listen to it here:




H-P is often derided as a dinosaur, but these guys absolutely get it. I hope I'll have the opportunity to chat with them again.
Posted to Congress | Interviews | Politics | Regulation | Tech Policy Summit

...not really, but the headline pulled you in, didn't it?

 

The House Committee on Energy and Commerce Subcommittee on Telecommunications and the Internet (Rep. Edward Markey (D-MA), Chairman) does however, have a hearing scheduled for next Tuesday, April 1 (I am not making this up) entitled "Online Virtual Worlds:  Applications and Avatars in a User-Generated Medium".

We're still waiting on that report from Dan Miller, Senior Economist for the Joint Economic Committee's Republican Staff (and avid gamer) on taxation of virtual worlds. Miller has previously said that existing tax code could in theory enable the IRS to levy taxes on virtual earnings, although an October 2006 press release from the JEC says that this is extremely unlikely.

The hearing is scheduled to be in 2123 Rayburn HOB, which means it will be webcast (and possibly live-blogged). No word yet on whether or not simultaneous hearings will take place in other realms, or if the witness list includes avatars, bots, or unicorns.


 

Posted to Congress | Regulation | Taxes | Technology
It's Larry Lessig's Change Congress badge. I support his overall effort, and three of the four specific points of his campaign, except one.

I believe that lobbyists and PACs are important to American politics. I believe that lobbyists and PACs can do good for the small interests as well as large. 

Why? They are force multipliers. PACs allow people to pool money to support candidates. Lobbyists allow groups to hire trained professionals to help them get their causes heard before Congress. Just like everyone needs a lawyer before a court, I believe that people exercising their right to petition for a redress of grievances can use professional help. Lobbyist and PAC are not dirty words.

What we need are more lobbyists that use their skills to represent causes that we believe in. One of my dreams is a trade association for interactive media, Web 2.0, and social media professionals. This may include lobbyists and a PAC. Why? All lobbyists and PACs are, at the very core, are professionals and tools that allow people whose voices might not be heard to make themselves more effective. 

You wouldn't hire a plumber to fix your car. Why wouldn't you hire a lobbyist to at least help you understand Congress? While I have nothing but awe for Professor Lessig's legal scholarship, the earnestness of his efforts and optimism for his cause, I still believe that right now there are many new companies, and even whole industries still in their infancy that need to stop trying to kill each other and stand together, both politically and financially as one to represent their common interest. Call it a "Social Software Industry Association" or whatever might sound better, but as it stands, we are at the crossroads in a new era of technology where government can make or break us. 

Professor Lessig's ideas make sense, which is why Alex and I support him, but for now I'd just as soon as hedge my bets and make sure we a) learn and b) teach the system in place now, as well as work to change it. That's why I'm helping Robert Scoble come to Washington. That's why we're teaming up with George Washington University's Institute for Politics and Democracy on the Internet to educate "Web 2.0" entrepreneurs about how Washington works, who the players are, and how to get the right message out about the good that new technology can do. 

There are many things that aren't being talked about now. For instance, while I tear through Professor Zittrain's new book, I see in it, and in the common culture, no distinction between privacy and security. Security is something you have to ensure for yourself, like locking a door. Privacy is a matter of choice, both in what data about yourself you share, how you share it, where you choose to share it and under what terms. The two are not the same. Some people get this, others don't. 

The internet can have security and privacy, but we need to better define the terms, so people know what they are getting into. 

I agree with Larry Lessig that we need to change Congress, but I also think we need to change first. 

I hope Lessig succeeds, and I pledge to do everything I can to help him. I'll quit my job. I'll do whatever it takes. But I think on this one point we can find common ground. We can eliminate  much of the unseemly financial influence from the game. We can eliminate undue influence of overly-influential lobbyists and PACs where they become problematic. But, until they can be eliminated, why don't we take the tools that are used against us on a regular basis and turn them on those who would do us harm? I'm ready to fight both these wars. That's why Alex and I started this conversation, and I hope that one day we can say that we helped to change it.

Happy Easter.
Posted to Congress | Lobbying | Politics
I start law school this August, in the evenings. If I can end up as 1/10th the lawyer, or 1/100th the person this man is, it will be worth it.

Lawrence Lessig wants to change Congress. Here is his first major speech on the subject. 

Posted to Congress | Lobbying | Politics