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The ethics complaints against former Google lobbyist Andrew McLaughlin aren't going away.

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BusinessWeek isn't buying the story that Twitter is the essential organizing tool for the protests in Iran over suspicious election results:

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Amy Schatz of the WSJ reports that a deal has been struck to move the new nominees into the FCC:

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The Privacy Hearing

Here's some news on Boucher's privacy campaign:
It's not clear how broad a law Boucher has in mind, though it's likely to be some codification of generally accepted data-privacy practices. Those include telling people when you collect data and why, letting them choose to join in or not, using the data only for the reason you collected it, letting people see and correct the information and destroying it when its not longer needed. But engineer Richard Bennett argued that DPI and network management techniques were getting a bad name and are simply the logical extension of the tools used in the early days of the internet. Hoping to convince the subcommittee not to write legislation, AT&T's chief privacy officer Dorothy Atwood said that the committee's previous hearings and investigations have led to "robust self-regulation," code-words for "no laws needed." There's some truth in that statement, since last summer, the subcommittee single-handedly ended ISPs dreams of letting outside companies spy on their subscribers in exchange for a little more revenue.
If the privacy is the problem, it needs to be the focus of the bill, not one of many techniques that may be used to compromise it, of course.

What I Did This Morning

While California was sleeping, I enjoyed a bit of broadband politics in the heart of the beast, testifying at the House Subcommittee on Communications, Technology, and the Internet on Communications Networks and Consumer Privacy: Recent Developments
The Subcommittee on Communications, Technology, and the Internet held a hearing titled, "Communications Networks and Consumer Privacy: Recent Developments" on Thursday, April 23, 2009, in 2322 Rayburn House Office Building. The hearing focused on technologies that network operators utilize to monitor consumer usage and how those technologies intersect with consumer privacy. The hearing explored three ways to monitor consumer usage on broadband and wireless networks: deep packet inspection (DPI); new uses for digital set-top boxes; and wireless Global Positioning System (GPS) tracking. Witness List * Ben Scott, Policy Director, Free Press * Leslie Harris, President and CEO, Center for Democracy and Technology * Kyle McSlarrow, President and CEO, National Cable and Telecommunications Association * Dorothy Attwood, Chief Privacy Officer and Senior Vice President, Public Policy, AT&T Services, Inc. * Brian R. Knapp, Chief Operating Officer, Loopt, Inc. * Marc Rotenberg, Executive Director, The Electronic Privacy Information Center * Richard Bennett, Publisher, BroadbandPolitics.com
It went pretty well, all in all; it's really good to be last on a panel, and the Reps aren't as snarky as California legislators. I'll have more on this later.

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Obama’s Missed Opportunity

According to National Journal, Susan Crawford is joining the Obama administration in a significant new role:
Internet law expert Susan Crawford has joined President Barack Obama's lineup of tech policy experts at the White House, according to several sources. She will likely hold the title of special assistant to the president for science, technology, and innovation policy, they said.
This does not make me happy. Crawford is not a scientist, technologist, or innovator, and the job that's been created for her needs to be filled by someone who is; and an exceptional one at that, a person with deep knowledge of technology, the technology business, and the dynamics of research and business that promote innovation. A life as a legal academic is not good preparation for this kind of a job. Crawford is a sweet and well-meaning person, who fervently believes that the policy agenda she's been promoting is good for the average citizen and the general health of the democracy and that sort of thing, but she illustrates the adage that a little knowledge is a dangerous thing. As much as she loves the Internet and all that it's done for modern society, she has precious little knowledge about the practical realities of its operation. Her principal background is service on the ICANN Board, where she listened to debates on the number of TLDs that can dance on the head of pin and similarly weighty matters. IETF engineers generally scoff at ICANN as a bloated, inefficient, and ineffective organization that deals with issues no serious engineer wants anything to do with. Her other qualification is an advisory role at Public Knowledge, a big player on the Google side of the net neutrality and copyright debates. At my recent net neutrality panel discussion at MAAWG, I warned the audience that Crawford's selection to co-manage the Obama transition team's FCC oversight was an indication that extreme views on Internet regulation might become mainstream. It appears that my worst fears have been realized. Crawford has said that Internet traffic must not be shaped, managed, or prioritized by ISPs and core networking providers, which is a mistake of the worst kind. While work is being done all over the world to adapt the Internet to the needs of a more diverse mix of applications than it's traditionally handled, Crawford harbors the seriously misguided belief that it already handles diverse applications well enough. Nothing could be farther from the truth, of course: P2P has interesting uses, but it degrades the performance of VoIP and video calling unless managed. This is an engineering problem that can be solved, but which won't be if the constraints on traffic management are too severe. People who harbor the religious approach to network management that Crawford professes have so far been an interesting sideshow in the network management wars, but if their views come to dominate the regulatory framework, the Internet will be in serious danger. Creating a position for a special adviser on science, technology and innovation gave President Obama the opportunity to to lay the foundation of a strong policy in a significant area. Filling it with a law professor instead of an actual scientist, technologist, or innovator simply reinforces the creeping suspicion that Obama is less about transformational change than about business as usual. That's a shame. Cross-posted at CircleID.

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