Future Enforcement: Questions of Money and Will

The House Subcommittee on Communications and Technology had members of the FCC in for three hours of grilling a couple of weeks ago under the rubric of “continued oversight,” which is a fancy way of saying “giving members a chance to grandstand on pet issues.”

Subjects like the FCC’s plans to repurpose DTV spectrum for wireless broadband, reform communications subsidy programs, and the protection of net neutrality got the most attention, but questions of the FCC’s enforcement capabilities and how pirate radio fits into the mix did arise. Read More

Catch-Up Notes of Miscellany

Going to try to ease back into the swing of things, though there’s still a lot of non-site work in my life right now still going on. But just a few notes to let you know I’m still alive:

1. Good friend and collagist extraordinaire rx has released an eight-minute trailer of his latest magnum opus – a remix-documentary of the 2008 presidential election. rx isn’t a big fan of deadlines (especially those self-imposed), but he tells me the full doc should be ready for public viewing hopefully by the end of this year or early next. Read More

“Glimmer” Downgraded to “Mirage”

What a difference a weekend makes.

Last week, Congress passed a bill retroactively legalizing and expanding the surveillance of the communications of U.S. citizens. This bill may have unintended and negative effects on the campaign to re-instill the principle of network neutrality as a point of law.

Shortly after Congress’ action, two developments took place: both the Electronic Frontier Foundation and American Civil Liberties Union filed lawsuits against the FISA Amendments Act, challenging its constitutionality on a number of levels. Notably, none of the principals of the media-reform movement have signed onto these legal efforts as of yet. Read More

Glimmers of Hope for Network Neutrality

Although Congress may have just inadvertently given telecommunication companies a huge legal boost to engage in network management via the pretext of “terrorism-related” surveillance, it is a long shot from being a done deal. For starters, the Electronic Frontier Foundation has launched the first in what is expected to be a multi-lateral legal attack on the constitutionality of the FISA Amendments Act; the starting point is a claim that the law violates the separation of powers clause of the Constitution, in that Congress’ action unconstitutionally empowered the Executive branch while emasculating any judicial oversight or reprimand of abuses conducted under the permission of the legislature.

Should the entire FISA Amendments Act be declared unconstitutional – and not just the provision granting telecom companies retroactive immunity for spying on us without proper legal justification – the diminishment of network neutrality under the auspices of national security would be undermined, perhaps fatally. That would be a very good thing. EFF’s legal experts don’t expect action on their lawsuit to really begin to gain traction until later this year – right around (or shortly after) the November elections. The case itself won’t likely be resolved until sometime next year at the earliest. Read More

Hiatus Ahoy: Notes While Away

My work online here will significantly slow down over the next couple of months, as I enter the most critical phase of my graduate studies to-date. Once I hopefully become ABD (“all but dissertation”) in early May, some of the pressure ease. But then I’m immediately leaving the country for an exploratory workshop hosted by the European Science Foundation on the impact of digitalization with regard to community media. As one a handful of non-EU “experts” invited to the event, I expect my role will primarily be to warn other countries in the midst of formulating, adopting, or modifying digital radio standards to stay as far away from iBiquity’s HD protocol as they possibly can.

Expect “regular” content-generation to resume sometime in late May or so. I made updates to the Schnazz, Truthful Translations, and Enforcement Action Database over the weekend, so those are up to date, at least in the near term.

In the meantime, keep an eye on these stories: Read More