Category Archives: Episode

Tim Wu’s Brilliant Gambit for solving Net Neutrality Regulation.

On the show today I made a passing reference to Tim Wu’s plan to solve the regulation of the Internet by using alternate justification.

After the show I got this email from Sandy1202

Could you explain what this article means on your show? I can’t follow it all.

Here’s a revision of what I wrote back to her.

It’s a legal trick. The court said in January that Section 706 of the 1996 Telecommunications Act was not a sufficient basis for net neutrality regulations.

They said the FCC could do two things. Come up with a new basis for the regulation, or reclassify broadband providers as telecommunications providers, so-called Title II classification.

Internet was classified as telecommunications until 2002, when ISP’s convinced the FCC to reclassify Internet providers as Information providers, similar to cable TV providers. This allowed the ISPs to close their networks to third party competitors.

The ISPs currently lobby very hard against classifying the Internet as telecom again.

So current FCC Chairman Tom Wheeler won’t reclassify Internet as telecom because he would face a fight. Instead he’s trying to strike a compromise. Use the rules that were thrown out in court, with the Section 706 justification, but change them to allow commercially reasonable discrimination. This is an attempt to appease ISPs by letting them charge, but still having some rules against discrimination. He hopes by doing this ISPs won’t take him to court, but there will be enough net neutrality regulation to satisfy others.

What Professor Wu suggests is a legal maneuver called arguing in the alternative. The idea is to put the old rules back in place, while still using Section 706 as a primary justification. HOWEVER, in addition you also justify the rules on the basis that the FCC has the authority, which they do, to classify ISPs as telecoms.

What that does is makes it so that if an ISP goes to court, they not only have to convince the court that Section 706 is not a proper basis for regulation but that the FCC doesn’t have authority to regulate them as a telecom. This would be very hard to prove, since the authority to regulate as telecoms is well-proved and Internet has been regulated as a telecom previously and fits the definition under Title II. (defined as “the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received.”)

Taking that rule to court might end up with the court throwing out the Section 706 justification but then LEAVING the telecom justification, resulting in all Internet providers being reclassified as telecom operators which is exactly what they don’t want.

Wu’s proposition is that the ISP’s won’t want to risk a lawsuit in that case, and will happily agree to Section 706 regulation rather than risk the reclassification.

DTNS 2231 – Noncombatant Groceries Will not be Harmed

Logo by Mustafa Anabtawi thepolarcat.comDarren Kitchen is on the show and we’ll talk about Apple buying Beats Electronics and the UN debating the need for autonomous killer robots. also Len Peralta will illustrate the whole shebang. Join us won’t you?

MP3

Multiple versions (ogg, video etc.) from Archive.org.

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A special thanks to all our Patreon supporters–without you, none of this would be possible.

If you enjoy the show, please consider supporting the show here at the low, low cost of a nickel a day on Patreon. Thank you!

Big thanks to Dan Lueders for the music and Martin Bell for the opening theme!

Big thanks to Mustafa A. from thepolarcat.com for the logo!

Thanks to our mods, Kylde, TomGehrke and scottierowland on the subreddit

Show Notes

Today’s guests:  Darren Kitchen and Len Peralta

Headlines

How ’bout them apples? The Financial Times reports “as early as next week” Apple will announce a deal to acquire Beats Electronics for $3.2 billion. Beats is the leading headphone seller in the U.S., founded by musician Dr. Dre and record producer Jimmy Iovine. The company recently launched an online music streaming service as well. FT says some details have yet to be agreed on and the talks could still fall apart. The Next Web reports a video posted to Facebook by actor-singer-songwriter Tyrese Gibson had the caption “Dr Dre ON THE night his deal went public that he did with Apple 3.2 BILLION!!!!” It has since been removed.

Continue reading DTNS 2231 – Noncombatant Groceries Will not be Harmed

DTNS 2230 – The phone is mightier than the gun

Logo by Mustafa Anabtawi thepolarcat.comDan Patterson is on the show. He’ll talk about his experience training Sudanese media makers in Egypt and how mobile phones are changing the world.

MP3

Multiple versions (ogg, video etc.) from Archive.org.

Please SUBSCRIBE HERE.

A special thanks to all our Patreon supporters–without you, none of this would be possible.

If you enjoy the show, please consider supporting the show here at the low, low cost of a nickel a day on Patreon. Thank you!

Big thanks to Dan Lueders for the music and Martin Bell for the opening theme!

Big thanks to Mustafa A. from thepolarcat.com for the logo!

Thanks to our mods, Kylde, TomGehrke and scottierowland on the subreddit

Show Notes

Today’s guest: Dan Patterson, technologist and journalist

Headlines

Did I say “forever”? I meant, “not really”: The Next Web reports Snapchat agreed to a “Consent decree” with the U.S. FTC over a database leak and misrepresentation of how the service stored user messages. Snapchat had said photos and videos would “disappear forever,” although there were many ways to work around that. Snapchat changed its privacy policy, app description and in-app notifications. Snapchat’s agreement with the FTC requires that it create a privacy program, subject itself to independent monitoring for 20 years, and stop misrepresenting how it handles user data.

Continue reading DTNS 2230 – The phone is mightier than the gun

DTNS 2229 – Wii U Buy Me?

Logo by Mustafa Anabtawi thepolarcat.comPelle Eklund and I talk about whether proposed net neutrality regulations are already slowing investment and why an LG fridge that text messages you is actually a step backward for tech.

MP3

Multiple versions (ogg, video etc.) from Archive.org.

Please SUBSCRIBE HERE.

A special thanks to all our Patreon supporters–without you, none of this would be possible.

If you enjoy the show, please consider supporting the show here at the low, low cost of a nickel a day on Patreon. Thank you!

Big thanks to Dan Lueders for the music and Martin Bell for the opening theme!

Big thanks to Mustafa A. from thepolarcat.com for the logo!

Thanks to our mods, Kylde, TomGehrke and scottierowland on the subreddit

Show Notes

Today’s guest: Eklund, founder of hockeybuzz.com

Headlines

You WILL be more organized: The Verge reports Evernote announced an expanded partnership with LinkedIn for better address book organization and improved business card scanning in the iOS app. Evernote’s scanner will pull information from LinkedIn as well as add time and place of the contact. LinkedIn will start directing folks to Evernote for card scanning rather than its own CardMunch app which is shutting down July 11th. 

Continue reading DTNS 2229 – Wii U Buy Me?

DTNS 2228 – Congestion question

Logo by Mustafa Anabtawi thepolarcat.comAllison Sheridan joins me to talk about the rising maker revolution, open source hardware, and Google’s advance on the classroom.

MP3

Multiple versions (ogg, video etc.) from Archive.org.

Please SUBSCRIBE HERE.

A special thanks to all our Patreon supporters–without you, none of this would be possible.

If you enjoy the show, please consider supporting the show here at the low, low cost of a nickel a day on Patreon. Thank you!

Big thanks to Dan Lueders for the music and Martin Bell for the opening theme!

Big thanks to Mustafa A. from thepolarcat.com for the logo!

Thanks to our mods, Kylde, TomGehrke and scottierowland on the subreddit

Show Notes

Today’s Guest: Allison Sheridan of podfeet.com and The NosillaCast

Headlines:

Google (hearts) Intel: CNET reports Google and Intel announced more than 20 new devices running Google’s Chrome OS on Intel’s Bay Trail and Haswell processors. PC makers: Acer, Asus, Dell, Hewlett-Packard, Lenovo, LG, and Toshiba will all make the devices. Lenovo had their own Chrome OS announcement including a 64-bit Bay Trail powered Yoga Chromebook. Samsung was notably absent. All announced devices use conflict-free metals in their construction. I haven’t seen this many non-Wintel PCs since the OS/2 Warp days. 

Continue reading DTNS 2228 – Congestion question

DTNS 2227 – A mighty solar wind

Logo by Mustafa Anabtawi thepolarcat.comJonathan Strickland is on the show with an intriguing story about a way to combine solar AND wind to solve our energy woes. Plus Mozilla gets all creative with the net neutrality problem. Did they solve it?

MP3

Multiple versions (ogg, video etc.) from Archive.org.

Please SUBSCRIBE HERE.

A special thanks to all our Patreon supporters–without you, none of this would be possible.

If you enjoy the show, please consider supporting the show here at the low, low cost of a nickel a day on Patreon. Thank you!

Big thanks to Dan Lueders for the music and Martin Bell for the opening theme!

Big thanks to Mustafa A. from thepolarcat.com for the logo!

Thanks to our mods, Kylde, TomGehrke and scottierowland on the subreddit

Show Notes
Today’s guest: Jon Strickland, host of FW:Thinking, co-host of Tech Stuff and writer for How Stuff Works ho

Headlines

The more things change … : CNET reports Apple and Samsung have finally reached the end of one of their patent battles. A jury handed down a verdict Friday in San Jose, California, ordering Samsung to pay Apple $119.6 million and ordering Apple to pay Samsung $158,400. Apple had asked for $2.2 billion and Samsung wanted $6.2 million. Apple’s lawyers disputed one of the damages figures, so the jury deliberated again Monday morning. The jury raised the award for one Samsung violation, but also lowered the award for another, leading to essentially the same $119.6 million decision. Some suspect that might not even cover Apple’s court costs.

Continue reading DTNS 2227 – A mighty solar wind

DTNS 2226 – Uh-OAuth

Logo by Mustafa Anabtawi thepolarcat.comDarren Kitchen is on the show to help us understand why we shouldn’t freak out about the OAuth flaw, and what Apple, Google and Facebook are really doing to protect their users from government data requests.

MP3

Multiple versions (ogg, video etc.) from Archive.org.

Please SUBSCRIBE HERE.

A special thanks to all our Patreon supporters–without you, none of this would be possible.

If you enjoy the show, please consider supporting the show here at the low, low cost of a nickel a day on Patreon. Thank you!

Big thanks to Dan Lueders for the music and Martin Bell for the opening theme!

Big thanks to Mustafa A. from thepolarcat.com for the logo!

Thanks to our mods, Kylde, TomGehrke and scottierowland on the subreddit

Show Notes

Today’s guest: Darren Kitchen, hak5.org

Headlines

Dear Users, the gubmint wants your stuff: Our top story on the subreddit was submitted by Beatmaster80 and tekkyn00b. Apple, Microsoft, Facebook and Google are all updating their policies to expand the notification they give users when a government agency requests their personal data. Yahoo announced a similar policy in July, and Twitter has always done so. Users would not be notified if a court order prevents it or if there is imminent risk of physical harm to a potential crime victim. The policies will have no effect on NSA data collection or National Security Letters both of which are required to remain secret by law.

Continue reading DTNS 2226 – Uh-OAuth

DTNS 2225 – Thieving little thief

Logo by Mustafa Anabtawi thepolarcat.comDenise Howell is on the show today and we’ll touch on Foursquare splitting, what Hulu’s model should be, and how you can tell the FCC what you think of their net neutrality stance.

MP3

Multiple versions (ogg, video etc.) from Archive.org.

Please SUBSCRIBE HERE.

A special thanks to all our Patreon supporters–without you, none of this would be possible.

If you enjoy the show, please consider supporting the show here at the low, low cost of a nickel a day on Patreon. Thank you!

Big thanks to Dan Lueders for the music and Martin Bell for the opening theme!

Big thanks to Mustafa A. from thepolarcat.com for the logo!

Thanks to our mods, Kylde, TomGehrke and scottierowland on the subreddit

Show Notes
Today’s guest: Denise Howell, of This Week in Law

Headlines

4 divided by 2 = : TechCrunch reports Foursquare will split its app into two. The original FourSquare app will no longer have a check-in function but focus on discovery, exploration and recommendations. It will use geolocation to track where you go and how long you stay. The other app, called Swarm, will have the traditional check-in feature with a heat-map and the ability to see nearby friends. Swarm will also have a messaging feature. 

Continue reading DTNS 2225 – Thieving little thief

DTNS 2224 – Wheeler keeps on turning

Logo by Mustafa Anabtawi thepolarcat.comBrian Brushwood joins the show to chat about Facebook getting all privacy-friendly and Hulu allowing free full episodes on your phone. The FCC even says it will fight for municipal broadband. It’s the nicest day on the Internet ever!

MP3

Multiple versions (ogg, video etc.) from Archive.org.
Please SUBSCRIBE HERE.

A special thanks to all our Patreon supporters–without you, none of this would be possible.

If you enjoy the show, please consider supporting the show here at the low, low cost of a nickel a day on Patreon. Thank you!

Big thanks to Dan Lueders for the music and Martin Bell for the opening theme!

Big thanks to Mustafa A. from thepolarcat.com for the logo!

Thanks to our mods, Kylde, TomGehrke and scottierowland on the subreddit

Show Notes

Today’s guest:  Brian Brushwood of the Night Attack  e

Headlines

You’re in the driver’s seat now: Facebook had a few big announcements at the F8 developer’s conference Wednesday morning. Using Facebook to login on another service is now entirely under the user’s control. Users can choose line by line what they will and will not share with another service. Up to and including the ability to log in entirely anonymously. The company also promises to fix bugs within 48 hours, support all APIs for two years, and open source a system called AppLink that makes it easy for mobile apps to link directly to each other without going to a browser. Finally, Facebook announced their “Audience Network,” a way to buy ads on non-Facebook sites that benefit from Facebook’s data. Facebook Audience Network is open for registration today.

Continue reading DTNS 2224 – Wheeler keeps on turning

DTNS 2223 – Throw the basis out with the bathwater

Logo by Mustafa Anabtawi thepolarcat.comScott Johnson is on the show today, and we’ll try to explain what all these Netflix-ISP deals mean, plus decide how much we hate the change to Comixology’s in-app purchasing system.

MP3

Multiple versions (ogg, video etc.) from Archive.org.

Please SUBSCRIBE HERE.

A special thanks to all our Patreon supporters–without you, none of this would be possible.

If you enjoy the show, please consider supporting the show here at the low, low cost of a nickel a day on Patreon. Thank you!

Big thanks to Dan Lueders for the music and Martin Bell for the opening theme!

Big thanks to Mustafa A. from thepolarcat.com for the logo!

Thanks to our mods, Kylde, TomGehrke and scottierowland on the subreddit

Show Notes
Today’s guest: Scott Johnson, of the frogs! With pants!    e

Headlines

Apple drops what?! CNET reports Apple made a minor spec upgrade to processors in its MacBook Air laptops, going from a 1.3GHZ chip to a 1.4GHz Core i5. However, Apple did something more unusual when it also dropped prices. The 11.6-inch MacBook Air dropped $100 dollars to $899 in the U.S. and £100 to £749 in the UK. The entry-level 13.3-inch Air dropped $100 to $999 in the U.S. and £849 in the UK.

Continue reading DTNS 2223 – Throw the basis out with the bathwater