Another day, another Barack Obama Administration totalitarian diktat.

In other words, whatever Obama wants – by any means necessary.

Behold Obama’s Securities and Exchange Commission (SEC).  Which last week handed down from on-high a mandate that telecommunications companies AT&T, Verizon and Sprint MUST have Board votes on Network Neutrality.

SEC to Telcos: Yes, Net Neutrality is a Significant Policy Issue

The problem for Obama’s SEC is – Net Neutrality isn’t even a LEGAL policy issue.  Because Congress has never passed a law making Net Neutrality actual policy.

The federal government – via the Federal Communications Commission (FCC) – first tried to unilaterally impose Net Neutrality in 2008.  And the D.C. Circuit Court in April 2010 unanimously threw the government out on its ear.

Because the FCC “has failed to tie its assertion” of regulatory authority to an actual law enacted by Congress, the agency does not have the power to regulate an Internet provider’s network management practices, wrote Judge David Tatel of the U.S. Court of Appeals for the D.C. Circuit.

Tuesday’s decision could doom one of the signature initiatives of FCC Chairman Julius Genachowski, a Democrat. Last October, Genachowski announced plans to begin drafting a formal set of Net neutrality rules–even though Congress has not given the agency permission to do so.

But it didn’t doom Genachowski and Obama’s illegal Net Neutrality intentions.  It didn’t even daunt them.  Just eight months after this stinging rebuke, Obama’s FCC went ahead and illegally jammed through Net Neutrality anyway.

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The hacker collective Anonymous has struck government websites again, this time the U.S. Federal Trade Commission and the National Consumer Protection Week websites.  According to the Associated Press, “both sites were replaced with a violent German-language video satirizing the Anti-Counterfeiting Trade Agreement, or ACTA.” A pastebin page to which some of the Anonymous associated Twitter accounts are linking outlines the message that was distributed by the hackers, as well as a link to the violent video mentioned in the AP article.

The hackings were in response both to Google’s recent changes to its terms of service and, more prominently, to the Anti-Counterfeiting Trade Agreement (ACTA), which  22 of the European Union’s 27 member states signed last month in Tokyo. Pressure from Anonymous and anti-ACTA activists caused Poland to suspend the bill last week, where members of its Parliament donned Guy Fawkes masks in protest. Poland and Slovenia are now distancing themselves from the treaty.

ACTA is an international treaty aimed at curtailing copyright infringement, counterfeit and pirated goods, and other forms of intellectual property theft across multiple member states.  Statements from Anonymous   The agreement is meant to provide a framework for member countries, which have differences in legal systems and practices, to work together cooperatively “to address the problem of infringement of intellectual property rights, including infringement taking place in the digital environment, in particular with respect to copyright or related rights, in a manner that balances the rights and interests of the relevant right holders, service providers, and users.”  In light of controversy over the Stop Online Piracy Act and Protect IP Act, ACTA has generated a good deal of discussion and debate in the same political and activism circles.  Some fear it’s too much government intrusion for a solution that they believe may not ultimately address the problem adequately anyway.  Others have argued that while such legislation may be flawed, the need to protect against international stealing online does exist.

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We have just passed through the Stop Online Piracy Act (SOPA) brouhaha.

A bill intended to stop theft – an important goal, and a necessary function of government.  But SOPA was overly broad, and deserved in its most recent iteration to go away – which it did.

Because of a bipartisan oppositional uprising – but the two sides arose for very different reasons.

The Theft-Left is vociferously opposed to private property rights.  SOPA is aimed at protecting private property.  So the Left said No.

The Right is loathe to grow government control of anything – including the Web.  And having just witnessed the recent Big Government Network Neutrality Internet power grab, their antennae were highly sensitized – and they said No.

Now, Washington is talking cyber security.  Where there is, again, a legitimate role for government – but we have, again, a bill that defines said role much too broadly.

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Call it life imitating art. Call it a cynical election year ploy for campaign cash. Call it a desperate Hollywood remake. But don’t call it over. Sources on Capitol Hill claim that, although last week saw the timely and bloody death of two bills whose interference with individual liberty was unparalleled in the digital age – SOPA and PIPA – the fight may not be over.

Many key journalists in the tech industry have already pointed out that SOPA and PIPA were, until the industry and American consumers got a hold of the bills, a “sure thing” set to pass without much, if any opposition from members of Congress. The indefinite delay, prompted by massive outrage and widespread protests last week, prompted a total reconsideration of the bill, with Marco Rubio and Congressional Republicans leading a firestorm of criticism and a mass exodus from the bill. Its worth noting, however, that one of the bill’s key sponsors, Democratic Senator Harry Reid, was quick to note that we haven’t seen the last of the bills.

“We live in a country where people rightfully expect to be fairly compensated for a day’s work, whether that person is a miner in the high desert of Nevada, an independent band in New York City, or a union worker on the back lots of a California movie studio,” he said in a statement posted by Games Industry (requires free account sign up.)

He went on to encourage other key senators to look into the proposed amendments to the bills, rehashing SOPA to make it more likely to pass if pushed through again.

Its worth noting that the bill’s backers – the MPAA, RIAA and a host of union thugs – are known for their persistence, whether its prosecuting unwitting grandmothers for Internet music “theft” or protesting Wisconsin governors who are trying to rescue their state’s financial well-being, and Americans should not expect them to back down any time soon. And with the amount of money and the future of Democratic party rule at stake in this next election, the MPAA’s, RIAA’s and unions’ deep pockets and ability to write huge campaign checks probably won’t be put at risk for something as silly as the rights of the American people.

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It’s a curious thing, the sudden and bizarre demonization of true constitutional conservatives like Rep. Marsha Blackburn (R–Tennessee) by some conservative online agitants.

Most conservatives understand that Rep. Blackburn is one of the more reliably intelligent and sober figures in contemporary politics.  That’s particularly true when it comes to technology policy.  While most political leaders speak in simplistic talking points, Rep. Blackburn is known for developing real knowledge about, and applies her steady conservative principles to, the issues.

As the most prominent example, Rep. Blackburn remains one of the most steadfast and informed opponents of so-called “Net Neutrality,” which truly will launch governmental micromanagement of Internet service.

So it’s especially odd and ironic that some conservatives suddenly slur her.  Said RedState’s (and CNN’s) Erick Erickson, “I am pledging right now that I will do everything in my power to defeat her in her 2012 re-election bid.”  His rationale?  Erickson has joined the likes of MoveOn.org, Demand Progress, the Marxist group Free Press and others on the left in fanatically opposing legislation to stop foreign Internet piracy, H.R. 3261, the Stop Online Piracy Act (SOPA).  In doing so, he and other generally reliable conservatives are promoting lawlessness and outright theft by foreign pirates over constitutionally protected property rights.

So what is SOPA, and why all of the fuss?

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The controversial anti-piracy legislation that set off an unprecedented wave of opposition from the technology sector is withering on the vine, with additional Members of Congress withdrawing support for the bills on an almost hourly basis.

What’s interesting is that of the over 30 Members who have recently come out in opposition to the Senate’s Protect IP Act (PIPA) and the House’s Stop Online Piracy Act (SOPA), the vast majority have been Republicans, who have long been considered the stodgy side of the aisle when compared to their tech-savvy Democratic counterparts. While the tech world, who Dems claim to support at every turn, aggressively protests SOPA and PIPA, the very officials they helped to elect – including Democratic party leaders – have abandoned them in the face of their most important issue: internet privacy.

The word on the Hill that in the past 24-hours alone Sens. Rubio, Cornyn, Hatch, DeMint, Kirk, Grassley, Blunt, Boozman, and Ayotte have all come out in opposition of PIPA, with several among them withdrawing their original co-sponsorship of the legislation. What do these nine Senators have in common? They’re all Republicans.

Even within individual states the divisions don’t make sense; New Hampshire’s junior Senator Kelly Ayotte withdrew her co-sponsorship and support for PIPA citing overwhelming constituent opposition, whereas Democratic senior Senator Jeanne Shaheen has remained on board. Did New Hampshire voters somehow reach out to Ayotte to register their disapproval but leave Shaheen out of the loop? Unlikely.

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Newt Gingrich was a tour de force in tonight’s debate. He took a narrative the media hammered at al day, flipped it, and effectively killed it in the span of five minutes. He received another standing O for his rhetorical display thereby insulating himself from further attacks by the other candidates.

No candidate would repeat John King’s remarks after watching the audience’s reaction. He rode the wave for almost the entire debate. Gingrich has repented for his trangressions; as voters we are trying to decide whether he’s genuine. Some will decide that he is; some will decide he’s not.

Santorum bombed on the SOPA question. Internet piracy is a problem but SOPA is akin to shooting goldfish in a bucket with a shotgun. Santorum argues that there should be protections for IP holders on the Internet and says that SOPA goes too far, but I’m not convinced of his resolve. As my friend Derek Hunter notes, tell that to Napster.

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The collective of hackers known as Anonymous attacked numerous government and recording industry websites this evening, shutting the sites down for hours as of this posting.

The attacks stem from a two year investigation into content sharing website Megaupload.com.  The Department of Justice unsealed an indictment today (after waiting an extra day to avoid coinciding with the SOPA protests), shut down the Megaupload website and arrested up to eight people in connection with the bust, including Megaupload founder Kim “Dotcom” Schmitz.  The actions provoked anger and triggered retaliation from Anonymous, according to Twitter accounts that regularly tweet news related to the collective of hackers.

The list of affected targets includes the Department of Justice, the FBI, Recording Industry Association of America, UniversalMusic.com, and others.  There are also reports that the US Patent and Trademark Office may have been targeted as well.

From the Washington Post:

Federal authorities Thursday indicted two firms and shut down one of the Web’s most popular sites for sharing illegally pirated material, triggering a quick response from hackers who claimed credit for taking down the Web sites of the Justice Department, Recording Industry Association of America and other media companies in retaliation.

The grand jury indictment, which caps a two-year investigation, charges seven people and Megaupload.com and other related sites with running an international organized criminal enterprise. Investigators said the group generated more than $175 million in income and cost copyright owners more than $500 million.

Justice Department officials said yesterday that the timing of its indictment was coincidental and had nothing to do with a debate on Capitol Hill over a bill that took aim at piracy online.

“This action is among the largest criminal copyright cases ever brought by the United States,” the Justice Department and FBI said in a statement.

Nevertheless, the federal action angered hackers, escalating the growing battle between the Web’s powerbrokers, both legitimate and illicit, and Washington, which has been seeking ways to clamp down on pirated content.

The Department of Justice released a statement on its website tonight, stating in part (since the DoJ site is down, portions of the statement are available at Mercury News, Silicon Valley):

“The Department of Justice web server hosting justice.gov is currently experiencing a significant increase in activity, resulting in a degradation in service,” the agency said in a statement. “The Department is working to ensure the website is available while we investigate the origins of this activity, which is being treated as a malicious act until we can fully identify the root cause of the disruption.” (more…)

The Stop Online Piracy Act (SOPA) (and its Senate alternative, the Protect Intellectual Property Act [PIPA]) have been taking a bipartisan beating.  Conservatives have joined with Leftists to savage the bill and thus its chances for passage.

I too am opposed to this iteration of SOPA – it remains too overly broad.

But something similar and more finely, sharply crafted – must become law.  And conservatives will need to reorient themselves when a better version of the bill comes along – and support it.

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We cannot look at the SOPA debate without putting it into the broader context of the immediately preceding Network Neutrality debate.

Conservatives rightly became highly tuned to Internet censorship as a result of the Left’s drive to impose the truly censorious Net Neutrality by any means necessary.

Following so closely on Net Neutrality’s heels, SOPA got swallowed up in this righteous protect-free-speech verve.

But there are some fundamental differences between SOPA and Net Neutrality that must be acknowledged.

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The Stop Online Piracy Act (SOPA) is a nightmarish piece of legislation moving the House Judiciary Committee currently which Hollywood is pushing hard for. The Tinsel Town lobbyists are in full press on Capitol Hill, doing all they can to get the legislation out of committee and up for a vote. The problem is, SOPA in no uncertain terms is a direct assault on a free internet.

One of the reasons many of us get our news and entertainment from the Net these days is because we find the legacy media lacking. We have turned our backs on old media because it has failed to serve us. We no longer have to tolerate obvious and unceasing news bias, or watch only boxed and packaged melodrama. We are now free to pursue news and entertainment where we like with the click of a mouse or a swipe of the Ipad.

Hollywood, and most of legacy media are unhappy about this and would prefer that we continue to listen to their propaganda and watch their terrible movies. I mean, how many sequels can these guys crank out? SOPA seeks to put we the media consumers back in line.

SOPA is being sold as a way to stop the piracy of movies and music from overseas sites, and this is a problem, but the bill goes much further than just addressing this issue.

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The Stop Online Piracy Act (SOPA), currently the subject of hearings in the House Judiciary Committee, has generated interest far beyond the community of copyright lawyers.

To its proponents, SOPA is a critical addition to copyright law, necessary to help creative Americans protect their legitimate property rights from foreign attackers, and thus to preserve the numerous American jobs in our world-class creative industries.

To its opponents, SOPA is an unprecedented attack on civil liberties that threatens to destroy free speech, the Internet, and the thriving American technology sector—not to mention the many American jobs that it creates.

Who is right?  It turns out that they both are: SOPA will help copyright holders protect the rights that copyright law grants them by suppressing free speech and impeding the functioning of the Internet, with predictable consequences on American jobs.

This result is hardly an anomaly.

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