ENERGY + COMMERCE : Keep Tabs On E&C 2D IP . ID . (C) & Commerce

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PATENT TROLL DRAFT BILL- PATENT AND PRACTICE THE LEGISLATORS SAID (c) Carrie Devorah (Document with Illustrations reached through Separate E&C Tab) :
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I come from a background of Illustration and Marketing. Illustration taught me “A picture is worth a thousand words.” Marketing taught me about Points of Purchase and 6 seconds used to be the time it takes a person to decide to buy my art over Mickey, yes the Mouse. It was about showing people what they want so they can make their decisions, quickly, without too much thinking, in our world of faster-faster. Oh yeah, price points factored in too. I also learned in creating my top selling Housewares line “Heart Of The Country” for National Housewares, about Idiot Proof packaging. Show people EXACTLY what they are getting on the box outside to maximize customer retention of the item and mitigate store disruption by returned products.

I read the Draft for HR II, the legislation being put forth to address Patents and the misguided term Troll applied to Intellectual Property Owners protecting their Copyrights, “To provide that certain bad faith communications in connection with the assertion of a United States patent are unfair or deceptive acts or practices, and for other purposes.” I spoke with Shannon Taylor after the Hearing putting forth to Shannon an idea she cocked her head at. And then I realized my training had to kick in to gear here….. showing Legislators, with illustrations, how convoluted the Legislation was, is and remains. Sometimes Congress jumps in to matters where Angels fear to tread.

Raul Labrador had said to me a few months back that Legislators put forth one idea at a time. Shannon said that too when I said there is equity in putting ideas ‘out there.’ The model of successful marketeers is “tease and tell what your next “Next” and “Next” and “Next is.” Indie Wiz author Bella Andre [http://www.usatoday.com/story/happyeverafter/2013/04/16/bella-andre-interview-always-on-my-mind/2085873/ ] said it best, to plan their next steps before the current one is done.

Congress doesn’t predict or plan out. Congress reacts.

The premise of HR II. Fails at the get go. Politics aside, Legislation is meant “for the people” not “for the people” having to hire lawyers rather than empowered to address matters themselves [ www.legalmatch.com ] The draft is in violation of Public Law, the Plain Writing Communication Act of 2010 “An Act to enhance citizen access to Government information and services by establishing that Government documents issued to the public must be written clearly, and for other purposes. “ [http://www.gpo.gov/fdsys/pkg/PLAW-111publ274/pdf/PLAW-111publ274.pdf ] signed in to law by President Obama. But Congress doesn’t write laws simply. Congress writes 40 which ways and everywhere, ‘cover ones backside’ texts repeating points from different angles, potentially increasing litigation potential between parties.

While it is tempting to dive in to a point-by-point dissection of the Draft, it is more expeditious to point out where the Act Draft fails, missing steps of accountability. Patented items are accessed at Points Of Purchase OR, in these days of the Internet Technology, at Points of Sharing. Between the User, the Innovator, and the Patent owner are several degrees of separation. The degrees of separation include possible Venture Capitalists aka VC’s, Angels (not that kind), lawyer(s), manufacturer(s), marketing team(s) and distributor(s).

Lets start here. You see below, Fair Use for educational purposes, scans of packaging for Brothers Ink (i) the outer shell package (ii) the inner vacuum packed package and (iii) the cartridge itself with Patent Information on the cartridge accessible ONLY after the customer has paid for their ink. Opening the packaging before paying for the product could invite a claim of theft(?), vandalism(?), etc.

Look carefully at the cartridge label. The label, if one’s eyes can even read the text without a magnifying glass even more complicated by printing white letters on text (hint- black seas “thin” white rivers- is the ARTS descriptor), the label says, “Covered By One or More Of The US Patents, repeated in French text in a country where Spanish is a more common language. The 13 Patent Numbers listed are- 7178911, 7222950, 7229165, 7287845, 7300144, 7316471, 7350909, 7357494, 7384136, 7517069, 7562972, 7669994, 791434, 7942513. 2012, Techdirt published an article citing over 250,000 patents in the Smart Phone Patent Thicket, yes thicket. [http://www.techdirt.com/blog/innovation/articles/20121017/10480520734/there-are-250000-active-patents-that-impact-smartphones-representing-one-six-active-patents-today.shtml ]

Let me tell you that was no easy task to read this disclaimer buried within packaging within packaging. No where does it state a consumer may get sued for using this Patented idea. Nor does it state where the litigation would take place etc.

Nowhere does it state on the vacuum sealing packaging anything about Patents, Dispute Resolution, etc.

Nowhere does it state on the exterior packaging anything about Patents, Dispute Resolution, etc.

It should. Moreso, websites should be marked similarly too with TOS (Terms of Service) or other Warnings placed at the page Top, Upper Right Hand Corner warning of Patents Involved and a Disclaimer the Consumer is Indemnified from Patent Infringment claims from Using the Product. No one reads to the bottom of pages. TOS & Alerts at the page top show the Consumer the “Read This so when you get sued you wont be surprised” alert and Patent Numbers, etc.

The draft HR II states, “Consumer”, identifying how the product- ink cartridge or cell phone or other- came in to the hands of the “Consumer” or, another HR II word, “User.” HR II states, “SEC. 5. DEFINITIONS. (3) CONSUMER.—The term ‘‘consumer’’ means an individual who purchases or contracts for purchase, rents, leases, or otherwise legally obtains or uses a product, device, business method, service, software, technology, website, or other merchandise for the personal use of such individual, or of a member of the household of such individual, and not for commercial resale purposes.” Black’s Law Legal Dictionary expounds on Congress limited Definition of Consumer.” The Law Dictionary defines Consumer. It say, “1. the buyer of a good or service. 2. a user that is not using the product but reselling it. Refer to customer.”

Definition of “Customer” is “one that purchases a commodity or service.” Congress is acknowledging the Item transaction is a Contract, where something is given with the expectation of receiving something. Random poll, here and now, how many of you believed you were willingly buying Lawsuits along with a cell phone, which is probably why the Manufacturers of Items are leaving off the Patents and or Patents pending markings from packaging exteriors. Should the End User be sued? Well, in using a product that is a Thicket of Patents? NO. It is expected and should be implied (this is where Congress can step in) that when a Consumer buys an item they are Clean Hands from Infringement litigation. That said, if, ie. with online Image and Data Infringement encouraged by Tech companies facilitating Image and Content theft, no.

The Consumer is active making a decision to remove something from a site. That is Intent. With a product like a blender, a mixer, a camera, a cell phone, the understanding for the Consumer is they bought the Item, they can use the Item and if someone has a problem with the Item, then that falls back on the Manufacturer. HR II states “(4) END USER.—The term ‘‘end user’’ means a person who--

(A) purchases or contracts for purchase, rents, leases, or otherwise legally obtains or uses a product, device, business method, service, software, technology, website, or other merchan-dise; and

(B) uses such product, device, business method, service, software, technology, website, or other merchandise for its intended purpose and not for commercial resale.”

Remember, Senior Person culpability. And THAT’S where the Legislation for Demand Letters is to focus.

Oh, on the Lawyers too. The goal is to mitigate litigation or problems. This is done by taking pro-active and preemptive steps and also by mitigating Bad Actors. Demand letters just don’t send themselves. Demand letters are sent by attornies, usually. It isn’t rocket science there would be a heckuva lot less litigations if Lawyers did grunt work first getting docs in a row. Lawyers are lawyers, and as exemplified by the characters routinely appearing before Congress, they look at law discounting steps such as laid out above. Yes, a law may be compromised. But where at which level. Making a lawyer accountable for sending out letters of questionable repute, is easily enough done. It is called a Code Of Ethics each State has for their sworn to comply with. If a lawyer is intentionally sending out boatloads of misguided demand letters, there is that forum for adressing. Require the lawyer to attach documentation of the alleged infringement ie ISP proof, etc along with a printout of the TEAS Patent data freeonline from the USPTO (indicated above).

Congress’ role in this matter of Patents and Property rights, well, questionable. Patents are Property Rights that are granted through the USPTO. Brother InkJet Cartridges are a great starting point for Congress to grasp, in illustrations, how complicated this matter gets.

Brother is a Japanese company. Let the papers below speak at how many potential litigations each User of a Brother Cartridge bought online or in store is potentially open too.

Congress got lead around the Mulberry Bush by the Technology Companies on Issues of Fair Use and Safe Harbor in a fraudulent attempt to not be at cause for Infringements and Online Theft. Fair Use’s definition is clear as is Safe Harbor. There should be no Safe Harbor defense here for a Manufacturer failing to advise the trusting Public they may be sued with a Demand Letter. To protect the Public, Congress should legislate all liability lays with (i) the Venture Capitalists who failed to build Consumer Protection in to the Model by the People accepting their Seed Money (ii) with the Patent Owner failing to require all packaging advertising to display Idiot Proof LARGE READABLE PICA SIZE WHITE ON BLACK LETTERING what all the Patents are in the product and (iii) the aforementioned Warranty they will Indemnify be responsible for any and all claims of this item’s Patent being infringed and (iv) if the Customer modifies, copies the Patent beyond pictured use of the item, then it is “Good Luck Charlie” then the Customer is on their own.

Oh. Studies on package Label Warning indicate, no one really listens anyways, case in points, Cigarettes and Condoms. And now, Calories in California. The West Coast is leading the way for Product marketing. California Senate passed SB 100, the "Sugar Sweetened Safety Warning Safety Act" prohibiting the sale or offering of sugar sweetened drinks unless the packaging is boldly labelled "State Of California Safety Warning: Drinking Beverages With Added Sugar(s) Contributes To Obesity, Diabetes and Tooth Decay." The Bill states the Warning Label must be on the front of the package against a contrasting background. The script, type or printing must not be smaller than 1mm with no more than 40 characters per linear inch. Failure for not complying is $1000 a day fine and a court injunction once a US Attorney or State's Attorney General becomes involved.

Let’s get real on the involvement of the FTC. Unfortunately for a lot of good people working there, and in similar agencies, the FTC is a neutered agency unable to perform for individuals or complete the Act when Foreign entities owning Patents are involved. If the number, dollars, isn’t big enough, it isn’t worth the FTC limited manpower to take a matter on. The agencies not included in this bill that are left to address this are Law Enforcement- the DoJ, US Attornies, FBI, USPS Mail Fraud Unit, Secret Service, USTR, Border, Immigrations, ICE and Local Law Enforcement. Creating, yet another Bill, without including these Partners in it is a major part of why America is in Litigation upheaval. IF imported packaging fails to have Patent disclosures on it, if located, items can be seized.

And yes, the underpinnings of this all are the Technology industry pushing product to meet bottom line projections. What ever happened to a cooling off period? What ever happened to Guidelines and a Handbook stating procedure… Put this bill where it should be in the backyard of Tech companies and Manufacturers and Lawyers complicit in the above deceits.

A freebie FYI- did you know that a Google Search done in the UK on a US name produces a different set of hits than a Google Search done in the US. Interesting…. When it comes to considering Legislation to protect US business and citizens in a world without borders……

COMCAST . CABLE . C-SPAN . TIME WARNER & STELA Share One Thing In Common..... CONSUMERS . KIDS & COMMON CORE (c) Carrie Devorah :

The conversation of STELA shifted. Civil rights and minority groups had proven to be of value to the lobbyists with the “right” reasons given, the right reasons being donations and grants for support. Data shows 60% of $8.6 million given to groups offering support in the NBC deal went to Hispanic groups.

The 11th hour arrived. The E&C Committee wanting to know where to go with STELA made their decision. A correct guess was a no brainer. STELA was resigned with “I’s” dotted and “t’s” crossed. Hearings were held. Witnesses at the Committee room table had been short on answers. What should have been watched with trepidation, wasn’t. Comcast.

A factoid about STELA few know but should, STELA, also spelled stele (Greek: “shaft” or “pillar”), is a standing stone slab in the ancient world used as a grave marker, a tombstone. That should have been prophetic enough for the Satellite Television Extension and Localism Act of 2010. A few weeks later, Comcast announced its intention to merge with Time Warner Cable. And that was before AT&T announced its intention to acquire Direct TV. Question most will ask is what does STELA have to do with Comcast. Plenty.

Comcast is Cable. And Cable does something unique. Cable supports C-SPAN. C-Span’s newly re-designed website [ http://www.c-span.org/ ] upper left exact words, are “Created By Cable.” That is why STELA was not going to die, oops, sunset. Hands in the pot.

The world has changed since STELA was effected. The concept of a Fall season is an outdated notion. The Internet of everything was disrupting. AEREO is stealing Cable blind. Sandisk moved beyond digital cards to providing wireless drive devices connecting Users to the ability to stream as many as three videos at the same time, store, share and stream movies, photos, music and documents across multiple mobile devices on up to eight different devices. What more disruption could a User want in their life, able to data surf, from anywhere, anytime.

What is the relationship between STELA and Comcast? Getting there. A small refresher course first on Comcast.

Back in 2010, Comcast sought a merger with NBC Universal. The website Alternet published a piece “Power Grab: Comcast Has a New Name, but Merger With NBC Universal Still a Bad Idea.” The authors wrote, “The merger would give this massive new media conglomerate an unacceptable chokehold on innovation and the flow of information. It would have the potential to stifle the democratic, competitive nature of the budding internet content market and its small, independent businesses.” And, “Comcast has also been repeatedly and credibly accused of censorship of Internet and cable TV content and advertising, including both political messages and file-sharing applications.” The question was asked, “Do we really want to hand Comcast even more power over what we are allowed to view and download? The authors stated the obvious “…the real pain will be felt by American employees and consumers.” [http://www.alternet.org/story/146014/power_grab%3A_comcast_has_a_new_name,_but_merger_with_nbc_universal_still_a_bad_idea ] It wasn’t just that Comcast wanted to buy NBC to look at. Comcast was buying NBC from GE. The complete Press Release issued at the time is posted on Gizmodo [ http://gizmodo.com/5417897/comcast-eats-ge-nbc-owned-by-cable-provider ]

An anonymous contributor to the Consumerist puts it best “Should Comcast be allowed to control both what content you consume and how you get to consume it?" Explaining "Comcast and proposed merger partner Time Warner Cable claim they don't compete because their service areas don't overlap, and that a combined company would happily divest itself of a few million customers to keeps its pay-TV market share below 30%, allowing other companies that don't currently compete with Comcast to keep not competing with Comcast. This narrow, shortsighted view fails to take into account the full breadth of what's involved in this merger — broadcast TV, cable TV, network technology, in-home technology, access to the Internet, and much more. In addition to asking whether or not regulators should permit Comcast to add 10-12 million customers, there is a more important question at the core of this deal” [http://classic.slashdot.org/story/14/04/12/2055217 ]

There were questions as to sweetheart deals for C-Span back in 2009. Articles appear to be in the dearth. A few postings remain, here and there. Econo girl posted March 30, 2009 “COMCAST Bailout in the Works “Hey! COMCAST got a bailout too! It was in the latest stimulus package. You know, the one nobody read? The idea is that all of MidWest will get free WiFi and that COMCAST will get the business without any competitive bidding. Oh, and they will pay nothing for it, either. Ask the FCC. They'll tell you all about it.”

[ http://econo-girl.blogspot.com/2009/03/comcast-bailout-in-works.html ]

Back in 2009, the conversation addressed Net Neutrality and blocking data, “In response to a petition from Free Press for a declaratory ruling that Comcast’s blocking of P2P applications was not “reasonable network management,” the FCC conducted an investigation into Comcast’s network management practices. The FCC determined that Comcast had violated the agency’s Internet Policy Statement when it blocked certain applications on its network and that the practice at issue in this case was not “reasonable network management.” The FCC declined to fine Comcast, because its Internet Policy Statement had never previously been the basis for enforcement forfeitures. Comcast has appealed this decision to the U.S. Court of Appeals for the D.C. Circuit, as have other public interest groups. Comcast argues that the FCC does not have the authority to enforce its Network Management Principles and the Commission’s order was invalid for that reason. The Commission argues that it has ancillary authority under Title I of the Communications Act to implement the broad statutory goals for an open, user-controlled Internet laid out by Congress. If the court finds that the FCC does not have the authority to adjudicate based on its Internet Policy Statement, Congress may face the question whether to act to give the FCC such authority in order to prevent anticompetitive conduct by broadband access providers…”                        [ http://assets.opencrs.com/rpts/R40234_20090220.pdf ]

Where does this connect to C-Span? Patience…..

C-SPAN is the anacronym for “the Cable-Satellite Public Affairs Network.” C-span self describes as a “non-profit educational organization with a board of directors comprised of executives from large and small cable television operating companies.” C-SPAN is, actually, the National Cable Satellite Corporation based in DC, EIN 8400751854, with a total revenue for 2010, of $67,402,253. C-Span is a private, non-profit public service of the cable television industry, that states it receives no funding from any government, that covers the political process. The NTEE category is “Arts, Culture and Humanities” and A30 (media, communications organizations.)

C-Span says the cable television industry is the primary distributor of the C-SPAN networks. C-SPAN says it’s “operating revenues come from license fees paid by cable systems and satellite companies that offer the network to their customers.” It says. C-Spans Form 990 disagrees. And the fact on the table is that the Public, customers, pay the Cable companies. And the Cable companies all have base fees. And then there are the Taxes customers pay.

Who is the National Cable Satellite Corporation?

Well, C-Span covers politics. It created series- American Presidents, American Writers, Blair House, Booknotes, The Capitol, the Contenders, Library of Congress, Books TV, Booknotes, C-Spans Book Collection, C-Span Products, plus, featuring many authors from the imprint Public Affairs. [http://www.c-span.org/series/browse/ ]

The Form 990 filings say the National Cable Satellite Corporation is C-Span. Business Week “Snapshot” writes, “National Cable Satellite Corporation, doing business as C-SPAN, produces and covers the political processes for the private and public service cable television industry in the United States. The company licenses its information to cable systems and satellite companies that offer the network to their customers. It also sells accessories, American president collections, books, DVDs, mugs, and various video collections online. In addition, the company offers a video library that provides historical, educational, research, and archival information. National Cable Satellite Corporation was founded in 1979 and is based in Washington, District of Columbia.” Selling gift items is not listed on C-Spans Mission Statement. Technicality? Maybe.                                                          [ http://investing.businessweek.com/research/stocks/private/snapshot.asp?privcapId=7714952 ]

The 2011 Tax Return states the original mission of C-span was to “air unedited, balanced views of government and public policy forums, and to provide viewers with direct access to elected officials, decision-makers and journalists.” Listening to C-span radio raises question as to the veracity of “balanced”, a question Conserv,ive listeners raise often enough. C-Span’s Mission Statement filed with the IRS says “provide the public access to the live gavel-to gavel proceedings of both houses of the US Congress and other forums where public policy is discussed, debated, and decide all without editing, commentary or analysis and with a balanced presentation of points of view (continued) provide elected and appointed officials and others who would influence public policy or otherwise distorting their points of view, provide the audience.” There is that word “balanced” again. On-air themes tend to proliferate guests pushing agendas like Obamare adressing the how-to and the where-to during the lead up to signing up for the program.

What does C-Span have to do with Comcast? Simple.

C-SPAN’s Board of Directors [ www.c-span.org/about/the-company/board-of-directors ], in 2013, was chaired by Glenn Britt, Chairman and CEO of Time Warner Cable, Neil Smit, CEO of Comcast Cable Communications, two entities seeking merger approval from Congress. C-SPAN’s executive committee included, as Chairman, Glenn Britt and Neil Smit. Britt stepped down at the end of 2013, a few short months before Comcast announced its intention to take over Time Warner Cable.

The Board of Directors in 2010 were Colleen Abdoulah CEO of WOW!Internet Cable Phone, David Keefe CEO Atlantic Broadband, Robert Miron Chairman of Advance/Newhouse, Alan Block CEO Block Communications Inc, John Evans CEO Evans Telecommunications, Rich Fickle CEO National Cable TV Cooperative, Bob Rosencrans President Columbia Partners, Rocco Commisso CEO Mediacom LLC, Jerry Kent CEO Suddenlink Communications, Tom Rutledge CEO Charter Communications, James Dolan CEO Cablevision, Brian Lamb Chairman C-Span, Pat Esser Cox Communications Inc, Pat McAdaragh CEO Midcontinental Communications, Amy Tykeson CEO Bendroadband, Amos Hostetter CEO Pilot House Associates, Thomas Might CEO Cable One. The Board Members put in 1-3 hours a week, on the average. Lion share of time put in is by Brian Lamb, Susan Swain and Robert Kennedy. Lamb reports approx.. $390,065 compensation; Swain- $703,324 and Kennedy- $508,848. C-Span’s reported Revenue, 2011, was $72,071,819 with publicly traded securities, Assets Part X Balance Sheet, Line 11- stating $72,401,117, total assets, Line 16, of $139,808,882, contrasting numbers written on Schedule J. Schedule J lists Susan Swain’s Column total of $813,238 with a prior Form 990 reported as $312,400.

C-Span’s “Public Charity Status and Public Support” lists under, Part 1 Reason For Public Charity Status, Number 9 “An organization that normally receives (1) more than 33 1/3% of its support from contributions, membership fees and gross receipts from activities related to its exempt functions- subject to certain exceptions and (2) no more than 33 1/3% of its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses acquired by the organization after June 30, 1975.” Gross receipts, Part III, Section A. Public Support, Number 2, “Gross receipts from admissions, merchandise sold or services performed or facilities furnished in any activity that is related to the organization’s tax exempt purpose”, total for 2011, $72,071,819. Section C, Computation of Public Support Percentage, Line 15- 97.69%. In 2011, C-Span granted $200,000 to C-Span Education Foundation, same address, EIN 5201867108, “to provide assistance for the education programming to high schools and colleges.”

The Mission Statement was clear “Provide the public access to the live Gavel-to-gavel proceedings of both house of the US Congress and other forums where public policy is discussed, debated and decided all without editing, commentary or analysis and with a balanced presentation of points of view (continued) provide elected and appointed officials and others who would influence public policy a direct conduit to the audience without filtering or otherwise distorting their points of view, provide the audience.” The mission changed beyond C-Span LIVE.

C-SPAN went live March 19, 1979. Its staff of four was readied to carry the signal live, “gavel-to-gavel,” to 3.5 million cable homes, providing coverage of the U.S. House of Representatives. C-Span has grown. Over 100 million TV households receive 24-7 hour programming via cable and satellite. C-Span first filed as a Non profit, Ruling Year, 1983.

C-Span2 was created to telecast Senate debates. June 1986, the U.S. Senate went “live.” C-Span’s Book TV launched next. It’s kitsch was 48 hours of weekend non-fiction book programming. C-SPAN3 launched January 2001. C-SPAN3 was the non-profit’s national digital cable network. Viewers watched even more live coverage of national events. C-SPAN was on Television, the Internet and on Radio.

C-SPAN’s Mission Statement says C-SPAN’s Mission is:
         “• To provide C-SPAN's audience access to the live gavel-to-gavel proceedings of the U.S. House of Representatives and the U.S. Senate, and to other forums where public policy is discussed, debated and decided--all without editing, commentary or analysis and with a balanced presentation of points of view;
        • To provide elected and appointed officials and others who would influence public policy a direct conduit to the audience without filtering or otherwise distorting their points of view;
        • To provide the audience, through the call-in program, direct access to elected officials, other decision makers and journalists on a frequent and open basis;
        • To employ production values that accurately convey the business of government rather than distract from it; and
        • To conduct all other aspects of its operations consistent with these principles.” By the numbers C-SPAN duplicated 480,000 videos since 1987; had 149,252 programs viewed online in the past year; stored 202,022.4116 hours of programming in the C-SPAN Video Library; 99.6% of C-SPAN’s video collection is digitized. “Without filtering” describes the anti-conservative rhetoric. Balanced does not describe the callers to C-SPAN. Humor is provided by the 9-11 conspiracy theorists. Listeners wait years to call in and get on air. The 9-11’rs make it on to the air, daily, like clockwork, getting past the C-SPAN screeners. Perponderance of callers are Democratic supporters, no, not Democracy, Democratic with comments that range from polite to listeners feeling, well, ‘did they actually say that.’ Balanced? No. Opinions are opinions. Temperance is lost in this forum. This is America. Until the host “clicks” off, disconnecting, editing, censoring the call. Editorializing? One depends on how Commentary is defined.

The question on the table, should not even be Cable v Broadband. The question on the table should be, should Cable continue to fund C-SPAN, a non profit with a heft bottom line, run by the Cable industry. Content creation is no longer what it used to be. Online content is being created by the 5 year old next door without funding from Cable providers. Committee hearing rooms are wired for broadcasting hearings. C-span was established to archive history inside Congress, “gavel to gavel coverage.” Not only does Congress have its own channel, live streaming events at each hearing, Congress is live streaming events at hearings C-span is not attending, censuring what viewers subsidizing C-span get to see. Moreso, every staffer and guest on the Hill is a walking broadcaster these days as technology gets more sophisticated and invasive at the same time.

The pool of Content providers is getting more crowded each time technology launches cheaper and better. What is the value of C-SPAN? Even Target stores is launching its buy/rent service streaming to TV, tablet, smartphone or PC, a sign of the Technology take over times. GigaOM says Google TV will be buried, replaced by something more Android-focused. Netflix has got in the game. Crackle is in the game.

The unasked question is Rights Management. C-Span understands “rights.” C-SPAN is a public service created by the American Cable Television Industry, understands Rights. C-Span states “C-SPAN does NOT permit unlicensed commercial use of any of its video programming (including coverage of federal government events) whether or not C-SPAN is attributed as the source of the video. Under this policy a license is required to use C-SPAN video for:

AEREO is under fire for Infringing Intellectual Property. 2013 Comcast Annual Notices Policies & Procedures terms state “It is unlawful to alter or tamper with any device belonging to a cable operators in order to receive, intercept or assist in receiving or intercepting any communications service offered over a cable system.” Comcast’s terms did not state ““It is unlawful to receive, intercept or assist in receiving or intercepting any communications service offered over a cable system.”

The unasked question, is C-Span exploiting Copyrights and Intellectual Property? Does C-SPAN have the right to store images of Capitol Hill Hearing Witnesses and other persons in the C-span library making these clips available for sale? Are Model/Film Releases sought and signed? Should they be? If Aereo's approach is found legal, cable and satellite companies require Aereo to participate in funding STELA.

There was no hiding the agenda. The challenge has been connecting the dots. May 2014, Common Core was outed for spying on children. November 5, 2013, Gene Sperling, director of the National Economic Council and assistant to the president for economic policy, appeared at the Washington Post’s “ConnectEd” pushing a vision of the 21st Century classroom integral with Connectivity, the Internet of Everything” Sperling described as Field of Dreams Economics. Sperling went in depth describing ‘the plan.’ ConnectEd was high-speed connectivity initiative President Obama planned to connect 99% of students in schools within the next five years. [ http://www.washingtonpost.com/posttv/politics/bridging-the-digital-divide-with-gene-sperling/2013/11/06/294c4536-4670-11e3-bf0c-cebf37c6f484_video.html ]

So there should be no surprise that Comcast wants to merge with Time Warner. FreePress published, “This deal would give Comcast control of a third of the U.S. pay-TV market and half of the triple-play market for video, voice and Internet service. Comcast already owns NBC, Universal Studios and tons of cable networks and popular websites. The merger will bring us one enormous company that controls marquee television and movie content, as well as the primary vehicles — a major television broadcast network, a major cable system operator and a major broadband Internet access provider — for distributing that content.”
[ www.freepress.net/comcast-twc-merger ]

This merger of Comcast and Time Warner Cable would do so much more. Coincidental to the timing of Common Core Standards being exposed, a teacher posted to Huffington Post, “Common Core -- Not One Size Fits All”
[ http://www.huffingtonpost.com/peter-greene/common-core-not-one-size-_b_5368233.html ] Nor should Comcast & Time Warner Cable merge into an All-In-One size- monopoly. As for STELA? Well, Congress didn’t let her die….. no wonder. Cable needs a shill...

PATENT TROLLS: HOW COULD CONGRESS BE SO MISGUIDED (c) Carrie Devorah :

In about a month, in Vegas, a decades old industry, the Licensing Industry, gathers for it’s annual trade. By Congress standards of misled definition, the men and women gathered under this roof are about to have their lives and industry destroyed if Congress continues on the path of “Patent Trolls” the newest sexy keyword Legislators jumped on the bandwagon of, something Congress tends to do often without properly vetting its facts.

A year or so ago, the issue raising Legislative hackles was Dan Snyder and the redskins. Before that it was the “N” word that was addressed, selectively for political barb. If staffers had done diligence to research the “N” word, they would see it is rubber-stamped for approval by the USPTO, the United States Patent and Trademark office. And if staffers had done diligence to read beyond the headlines of the Huffington Post, New York Times or Wall Street Journal, in the issue of Dan Snyder, Legislators would be correctly informed as to the ‘nasty nasty’ of the iconic Redskins brand, 44 on on the USPTO books to the teams ‘credit’ versus words beyond ‘skank’ and other ‘niceties’ mothers used to wash mouths out with soap when uttered. The benchmark of what is USPTO’able is in the framework of The Lanham Act which “does not permit registration of trademarks containing terms that may disparage persons or bring them into disrepute.”

One could only wish Legislators knew the impact of decisions they make and the capability of the staffs they entrust decisions that impact lives of Americans and others abroad. Adjudication of what is Trademarkable is selective, bending in the wind of political persuasion.

And then along came Trolling for political favor. Technology is at it again. First, Orphan Works, then Collective Licensing along with Patent Trolling.

The impact of where Legislators will go with their misguidance in adressing Patent Trolls if the Bill Draft goes in the direction is has been heading is that industry and incomes will be devastated, the continuing agenda of Tech companies unravelling abilities to Innovate and make money.

Crunch this- a patent troll is NOT the person who owns the patent, sending letters to protect their property. Get this- whether the person bought or innovated the patent, THEY OWN IT. Dictionary definition of “Owning” is “OWNER, property. The owner is he who has dominion of a thing real or personal, corporeal or incorporeal, which he has a right to enjoy and to do with as he pleases, even to spoil or destroy it, as far as the law permits, unless he be prevented by some agreement or covenant which restrains his right.” If a Patent was, for example a car sitting on a person's driveway that a 3rd party removed from the driveway without the owner's permission, according to the road Congress has willingly walked down, then the car's Owner, sending the thief a letter to pay for the car, is a Troll. Really, Leggies, really....

Patent owners own their Patent, their property, for 20 years. Until 20 years and one day, the patent is hands off to anyone else who wants to use the innovative idea unless that said person asks permission of the patent owner to use the idea as negotiated with the Patent owner, understanding Owner means, it is theirs to bundle out the rights to, typically with terms stated in a license agreement defining Time and Terms. Legislators stood for the farmer whose land was being taken from him. US Capitol Police would be called on anyone who walked up to a Legislator and took what is in their hands from them explaining, "I wanted it. You had it long enough. I took it and wont pay you its." That is what the people hiding their actions are doing to Patent Owners. Patents are property. How many times must that be said. If there is a disagreement with the legal process then change the laws adressing lawyers modus operandi but leave the Patent, Trademark, Domain and Copyright owners right to defend their Commerce and Property alone. Putting Property Owners in the wrong, impacts Law Enforcements ability to do right.

Somehow Congress is missing this simple concept, taking the side of the Tech companies pushing to bust Owners rights to their Innovative Property, the patent. It is simple. PAY or wait until the term runs out, anything other is like Union Busting. This is rights busting. This is theft.

The impact of Congress, yet again, caving to the pressure and promise of political support from Tech companies and other parties on the receiving end of demand letters, one boggles how Congress misses the fact that IF the person had not used the image without permission, they would not have received the demand letter. That the patent may have been infringed by an unwitting 3rd party ie who had the Infringed patent provided is, got to be blunt, not the problem of the Patent Owner, it is their property they are defending.

The decision Congress is going to make is going to rip apart the greatest tradeshow on earth if Congress caves to the deception that has allowed Patent Trolls to become a conversation, period. The problem herein lies with the VC companies seeding ideas without making sure diligence in done at the get go, arranging that all licenses are not infringing or become affiliated. The problem lies with a culture that has blossomed with proprietary access to data.

Persons that create concepts that are stolen in this age of IOT, the Internet Of Theft, are overwhelmed with having to distract themselves from Creating, instead policing their IP- Copyrights, Patents and Trademarks. Ask any Inventor, designer, author, actor being infringed, do they really want to be a copyright cop or Patent Police or would they rather invest their time and talent in doing more of their passion- creating.

Come June, in Vegas, is the world of wonder, of licensing under one roof, where Mickey and Ford and Edison and artists gather to showcase their lines, characters and innovations. It is understood in this room where Clifford the Dog, Saban’s Mutant Turtles walk around to the joy of fans and visitors, deals get cut. No one takes what belongs to others. People sit and cut deals without the interference of Congress.

A Virginia lawyer, at a USPTO conference back in 2009, gave the best explanation of what a patent is. He said, a patent is a piece of paper when published declares to the world, this challenge “I did this. You do better. Bring it on!” And that is what a patent is, a challenge to innovate, not a license to influence legislators to facilitate Property theft.

The speed bump Congress needs to set in the Path of Litigation is against Persons seeking to deceive by abusing Copyright law. Not the people who O-W-N the property.

Twenty years. That is not a lifetime. If anything, twenty years to wait until a Patent is in the public domain may just be what the world needs now to slow down Technology Gone Wild thinking Congressional influence is a license to steal in a world that new ideas are coming out a pace even wallets cannot keep up with. There is always that other option….. pay up. If not? Pay the penalty that comes with sharing a crime with unsuspecting Users. And give the Property Owners a break..... stop calling them misguided names.... call them Patent Protectors and call the recipients of the letters payments exactly what they are.... Thieves. Accidentally or on purpose, taking something that belongs to its owner makes you a thief.... rightly or wrongly. After all, this is America where what's mine is mine. This is not Russia where what's yours is mine

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LET THE H-1B VISAS TELECOMMUTE REMOTELY AND EAT BRIOCHE FROM HOME (c) Carrie Devorah :
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Maria Therese of Spain and son

Why at a time when American jobs are being offshored to Call Centers outside of America and American workers are being encouraged to work remotely, is Tech’s push for Immigration Reform, a conversation on being entertained on Capitol Hill at all?

Technology is in no rush to implement ways to stem illegal hirings by employers unless they are mandated or ordered to so by Regulators. Regulators may be compromised in their adjudicating in these matters. Some Regulators are receiving donations from the Technological entities. Others, even have or had family members working for some of these companies creating conflicts of interest in implementing "speed bumps" will impede profit models of Technological entities.

Regulators actions should not be about putting Technological models ahead of Citizens rights or laws on the books.

In a modern day recitation of the myth of Marie Antoinette’s utterance “Let Them Eat Cake,” “"Qu'ils mangent de la brioche,", let them work remotely. Politics isnt about truth it is about showtime and Broadway, more often than not. Truth is, slight seguy, “Let them eat the rich, expensive, funny-shaped, yellow, eggy buns” was actually said 100 years earlier by the wife of Louis XIV, Marie-Therese, struggling to get a bun in her oven.

With more Americans being pushed to work remotely from home to lower
company costs and boost productivity, with conversations being held around the world on Skype, iPads, iPhones and other, with TV commercials showing the dad at the mountain cabin turning off the running water, lights, TV and setting the house alarm, why isn’t there a Congressional voice of logic shouting the obvious. Corporations have outsourced Call Centers around the world. Dell, HP and other Technology companies do remote diagnostics of Tech issues in their products. Comcast’s Triple Play is diagnosed at all hours from persons overseas who assure, “all we will do is look at this problem and nothing else on your computer.”

No need to have a bridge to sell. Someone can make it ‘virtually.’

It is no surprise the issue of Citizens and Legal residents is at question in the conversation of Immigration. Legislators, often, are challenged by keeping "political things" in sync.

The Government Printing Office produced for the Department of Treasure a guidance card promoting "Historic Building Tours. The Tour Card for the Department Of The Treasury, describes the Treasury Building as "one of our Nation's most significant" monuments. A magnificent granite structure in the Greek revival style" constructed over a period of 33 years. The Department of the Treasury is headquarters for the Treasury Department to this day, a decade or so short of 200 years.

The Tour Card, which can be found in Legislators offices throughout the Capitol, injects itself in to the Immigration confusion derailing Political conversations, will provide color to the debate of Immigration, when records are demanded by Congress, in that the card states:
"Reservations: Advance reservations are required and may be made through Congressional offices Tours are only available at this time for citizens and legal residents of the United States. The name, date of birth and social security number for each visitor must be provided when making a reservation," that in addition to everyone 16 and older must have a photo ID to gain admittance to the building on the date of their scheduled tour."

There is something interesting about Google's Eric Schmidt. He speaks and few people actually listen. That's what can happen when 'money talks.' Schmidt warned from Davos the worst is yet to come. Technology is taking over for people [ http://www.bbc.co.uk/news/business-25872006 ] Arent immigrants coming to America for a better life people too? Schmidt warned "...the jobs problem will be "the defining one" for the next two-three decades."

Unemployment is at an all time high. A US Census Bureau reported that, in 2010, about 13.4 million people, or 9.4% of U.S. workers work from home at least one day at week in 2010, compared with 9.2 million people, or 7% of U.S. workers in 1997.” Intellectual Property is stolen online the second it is created, hobbling freelancers to make a living from their ARTS content. It is all about Technologies ever greedy need for more product, more Apps and opportunities to grab Identities and Intellectual property online to feed the insatiable Algorithm monster technology is convinced it needs to sustain as the reality of human behaviour is catching up to overvaluations, in many cases, of companies some of which are starting to fail. Bixi went bust. The chinks in technology’s armor are starting to show.

Bill Gates testified in 2008, he was all about H-1B visas for “SKILLED” technology workers. 2013, the “all about” hasn’t changed, only Gate’s posse has. Tech industry leaders met with President Obama and Legislators pushing to expand high-tech worker visas, revisiting Gates 2008 argument of foreign students with science and technology degrees qualifying for permanent U.S. residency. (http://latino.foxnews.com/latino/politics/2013/03/25/facebook-ceo-mark-zuckerberg-forming-group-to-push-immigration-reform/)

The argument for Congress recommending keeping Tech’s H-1B Visa workers in their home countries, is in the pudding proof of a joint study released by Academics at Beijing University and Standford. The Academics found call-center workers reduced a company’s costs, mitigated office space needs, worked better with fewer breaks (www.stanford.edu/~nbloom/WFH.pd)

The Census's Survey of Income and Program Participation released stats showing the average employee working from home and from office was, in 2010, almost $100,000. Workers who worked in the office, were paid on the average $66,000, also needed to deduct cost of their commute, work clothes, lunches, etc. that Telecommuters did not incur. Let the high-tech workers stay at home, work remotely, and receive designated credit to their immigration application, IF, they still want to immigrate with the way America is going.

Gates had testified, testified before the House Committee On Science and Technology, back in 2008, “In terms of the H1B visa issue, the key focus that Microsoft has here is on highly skilled people. And we're talking about jobs that, you know, starting salary is if you include benefits over $100,000 a year. And the policy that Canada, for example, has says that if a company is offering somebody a job at that type of salary level, then they will facilitate the person coming into the country. I'd also suggest that if somebody's educated in a U.S. university, that because of the research funding that comes out of the government, you know, basically you've subsidized that education, I think there should be a direct path to permanent residency for –“

Bill Gates, then CEO of Microsoft, told Microsoft’s story of “our Arpit Guglani, a talented young man who graduated from the University of Toronto. He graduated in 2006 and we offered him a job, but he has not been able to obtain an H-1B visa for two straight years and we were forced to rescind his job offer. He's exactly the type of science and engineering graduate that we need to continue to add jobs and drive innovation.” (http://www.microsoft.com/en-us/news/exec/billg/speeches/2008/congress.aspx)

Back in 2008, the Case Foundation was pushing the AM-CHAM envelope on Technology. AM-CHAM is American Chambers of Commerce, the back door attack technology has taken off shore and out of site. Social activist Jean Case, married to Steve Case sought to drive “drive transformative change.”   (www.casefoundation.org/about/staff/steve-case‎) hosting US Chamber of Commerce days with groups such as the UPP, US-Palestine Partnership. The US Chamber of Commerce, in DC, is across Lafayette Park from the White House. Jean Case brought together leaders together, from Boys and Girls Club of America and Tech companies- Intel, Cisco and others. Her goal? To provide life path opportunities for youth in Gaza, training potential H-1B visa candidates for Technology’s insatiable greed for talent. Mainstream media doesn’t report on these events. Jean Case isnt Steve, she’s just his wife. Where Steve goes so do cameras. Where Jean goes, well, media is fickle that way.

Case’s mission was to train the youth in Gaza in a portable career they could carry with them as they move forward in life. More than $1.5 million in technology and services was committed to develop a call center offering 600 new job opportunities for Palestinians. The Bank of Palestine and Capital Gate Services committed to becoming clients to the call center. Cisco committed $10 million Palestinian Territories job creation and economic development seed money. Intel donated 900 Classmate PCs to Palestinian schools and West Bank youth centers.

Immigration for technology has not been about the Immigrant workers coming across borders. Technology, with each new app, or technological invention, is destroying labor skilled jobs migrant workers once fulfilled. Farms are now running crops and cattle with Precision Technology (http://singularityhub.com/2011/03/13/precision-agriculture-high-technology-invades-the-farm/) “Farmers’ woes” are being eased with ongoing research revolutionizing Field Work (http://finance.yahoo.com/news/robots-revolutionize-farming-ease-labor-woes-142756655.html) NASA is funding studies on Pizza Making 3D Printers ( http://singularityhub.com/2013/06/14/nasa-puts-up-some-cash-to-create-pizza-making-3d-printer/), Burritobox is using robots to make burritos (http://singularityhub.com/2014/01/11/burritobox-joins-growing-number-of-fast-food-making-robots/) and cookies are being decorated with chocolate by robots (http://singularityhub.com/2014/01/21/robot-helps-identify-the-perfect-cookie/)

Back at the March 2008 hearing, Bill Gates was the only witness. Now there is a team of Techies trolling Congress on behalf of Self Serving Needs. Google has their lobbyists, Facebook and Twitter have theirs. They all share the Internet Association, compiled of former staffers from Capitol Hill where politics don’t matter. Green does.

The documented data should be keeping Zuckerberg and Gates’ and Congress honest on the Technology Immigration push. Technology’s interest in Immigration isnt about Immigration or workers in the shadows. Zuckerberg and Gates push is, was and seems it will continue to be about H-1B Visas. Gates immigration push wasn’t about a Living Wage for Migrant Workers. It was and is about the $100,000 a year salary’s for THAT candidate-worker, Gates wanted on board as Microsoft talent.

Gates’ argument tailored to the egos of the Legislators ambition of American Excellence, when he testified, “I know we all want the U.S. to continue to be the world's center for innovation. But our position is at risk. There are many reasons for this but two stand out. First, U.S. companies face a severe shortfall of scientists and engineers with expertise to develop the next generation of breakthroughs. Second, we don't invest enough as a nation in the basic research needed to drive long-term innovation, technology has marched forward.”

Legislators at the 2008 Hearing included Congressman Rohrbacher, Congressman Baird, Congressman Gordon, Congresswoman Giffords, Congressman Ehlers, Dr. Bartlett, Congresswoman Richardson, Mrs. Biggert, Congressman Rothman, Congressman Reichert, Congressman Carnahan, Congressman Gingrey, Congressman Chandler, Congressman McCaul.

Gates testified, in 2008, citing a study, without stating which study that “for every H-1B holder that technology companies hire, five additional jobs are created around that person. But as you know, our immigration system makes it very difficult for U.S. firms to hire highly skilled foreign workers. Last year, at Microsoft, we were unable to obtain H-1B visas for over a third of our foreign-born candidates.” Gates also testified “recent survey conducted by several universities showed that between 1995 and 2005, firms with at least one foreign-born founder created 450,000 new U.S. jobs.” Technology has advanced since 2008. American unemployment is at its highest.

Gates continued “As bad as the disparity between supply and demand looks, these numbers understate the severity of the problem. Today, our university computer science and engineering programs include large numbers of foreign students. In fact the science and engineering indicators report showed that 59 percent of doctoral degrees and 43 percent of all higher ed degrees in engineering and computer science are awarded to temporary residents. But our current immigration policies make it increasingly difficult for these students to remain in the United States. At a time when talent is the key to economic success, it makes no sense to educate people in our universities, often subsidized by U.S. taxpayers, and then insist that they return home.”

Sometimes immigrants do return home, taking American earned dollars with them. A few of Technology biggies, left America when their companies went public. “Home” work isnt for every career or every person or every boss. Government workers such as those at the USPTO in Alexandria, Virginia, are encouraged to Telecommute hence, on Snowdays, there is no excuse of not getting work done, just not in the office. “Home” workers tend to be self starters, industrious and self employed working as Contractors moreso in Private Industry, according to the Census's American Community Survey, with a bump up to 70%, in the decade between 2010 and 2000. Microsoft Telecommuter Scott Hanselman posted “I work remotely from Portland, Oregon for Microsoft and have for over 5 years.” Describing the paradigm of moving “work to workers rather than workers to work.” Hanselman referenced Microsoft’s push “to work from anywhere”, Office 365. Asked what he would do if Microsoft required him to show up at work, Hanselman answered, one word, “Quit.” (http://www.hanselman.com/blog/WorkingRemotelyConsideredDystopian.aspx)

Bill Gates’ philosophies were challenged in an email that will live to haunt Gates forever. The late Robert Wilson challenged Gates “Giving Pledge” that cycled money into the philanthropers, often own, foundation. Wilson gave his $600 Million fortune away before plunging to his death. 2010, Wilson emailed Gates “…these foundations become, more often than not, bureaucracy-ridden sluggards.” Wilson told Gates the pledge was “worthless”(http://nypost.com/2014/01/01/bill-gates-told-that-his-charity-pledge-is-worthless/) as it appears the value of Technology’s push is to the average immigrant.

Congress should consider not bothering with Technology in the conversation of Immigration, rather, encourage talent to Telecommute remotely from their international zipcodes where they can, everyday eat home country cooking, brioche and even Marie Antoinnette’s mythical cake.”

There are solutions to the Immigration problem. And who is legal or able to apply for jobs. And how to mitigate employer hiring illegals.

Technology has solutions they are not implementing to ease tensions percolating over the issue of Immigrants. Online job applications has become derigeur. Online job applicants should be subjected to the same tactic required on websites and on Healthcare.gov, have people input Data, that will slow down the predeliction to provide false data. Require sites to greet visitors to online Job Placement/matching sites, with floating ads, and or pop ups as pictured with the three illustrations. The pop ups can be coded to "locks" the page preventing the site User to procede into the site unless they "connect" with the page, CLICKING, a confirmation the Terms of Entry are agreed to.In this case, Legal, Sponsored, etc.

There are sites using a similar concept of Data Bubbles floating across a web page to be clicked to proceed beyond the landing page.

Data bubbles could require the site User to "click" they are Legal also requiring them to enter an ID to aid Users and others, solutions that will work to mitigate illegal immigrants applying for jobs, the exact same technologies that will work to mitigate online theft of Intellectual property.

Other technologies used on Internet sites bar page visitors from removing Content from their site, a viable recommendation for preventing Identities being stolen by individuals looking to remove content for the purpose of making False Identities for Illegals. Other sites have pages that show data but when "print" is hit, the data does not print, an empty page prints.

All of these concepts are useable to prevent Content from being stolen from Content owners too.

The proverbial "this" is about stemming the tide of illegals entering America, mitigating the numbers of disputes over illegals and prospective employers in the matter of who has the right to work in America. The proverbial "this" is about stopping online theft of Intellectual property and Identities, that rob Content creators of their right to due Commerce.

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HR 2666 IS SO NOT READY FOR PRIME TIME so CONTINUE TO HOLD’ EM (c) Carrie Devorah
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Vegas made it big this year ranking in the Top 10 of Social Media Charts.

Instagram reported Caesars Palace as the 10th-most Instagrammed location in the United States in 2013. The Bellagio Fountains ranked 4th bypassing even Disneyland.

Vegas, a town accused of raking “it in” at the tables, is fearing and fighting to keep Poker playing from going online. The Vegas tourist draw is huge, pulling in big bucks. The Strip’s gambling accounts for less than half of all of Sin City’s revenue. Vegas visitors come for “more.” Nevada is a haven state housing hundreds of thousands of entities homed elsewhere throughout the country and the world, one of only two states in America that does not co-operate with the IRS.

Congressman Joe Barton has an Online Poker Bill, “The State of Online Gaming, the Internet Poker Freedom, with almost as many lives as a cat. Barton says Poker is a game of skill not chance. Others beg to differ. Barton, back to drum thumping for his Bill before the Energy & Commerce Committee, says Congress’ hearings to make online Poker legal are of the highest viewed hearings. Barton is an avid Poker player in and out of home state Texas and while in his second home the US Capitol. Freezagedon and all, the Online Poker Bill Hearing was held. Barton stated Casinos wont allow Poker, his Game Of Skill, off the Casino floor in to casino hotel rooms. Considering how hard Casinos are fighting Barton’s Bill, noting Casino’s increasing losses maybe Casino’s grab to keep Poker offline suggests Poker may be the Casino’s last fighting fiscal chance. Maybe casinos are fighting online Poker going because maybe Casino poker not be the Game of Skill Barton says the game is.

Congress owns an “F” grade when it comes to online oversight, blindered by their adressing industries rather than focusing on issues umbrella’d under “opportunity for fraud,” in this case- including Bitcoins, untraceable vaults in Vegas, Electronic Trading Platforms and “other” worlds of finance depicted in Martin Scorcese’s “Wolf Of Wall Street.”

Days after the E&C hearing, self professed Mad Man Jim Cramer was pushing IGT, International Game Technology. http://www.cnbc.com/id/101269297 . IGT leads in the manufacturing of casino gaming machines with video casino games including "Wheel of Fortune Lucky 7's" and "Multi-Win Draw Poker.” Cramer liked this company that “missed Street estimates, badly. A recent study by Morgan Stanley estimated that Internet gambling could become a $9 billion industry by 2020, roughly on par with the revenue generated in the glittering palaces on the Las Vegas strip and the casinos lining the Atlantic City boardwalk.

The Internet is a fact of revenue to tap in to.

Annual reports and studies allege Vegas net losses are increasing at the same time room, food, beverage and entertainment costs in Vegas are increasing. Net Loss is what Casinos state they keep after paying expenses and before deducting federal income taxes in a town where Vegas’ entrepreneurs, like Elliot Shaikin, sell alternatives to Casino vaults, privately owned 24-7 vaults with Iris scan entry. Shaikin has gone into Bankruptcy (http://www.24-7privatevaults.com/). Shaikin sold ID Free lock ups where uncharted cash comes and goes. Shaikin’s ‘hear no evil, see no evil’ 24 hour vault was robbed. There is no record of what clients stored, Vegas news reported (http://forumserver.twoplustwo.com/29/news-views-gossip/very-bad-news-24-7-private-vaults-las-vegas-robbed-1194895/ )

Pokerscan readers posted their comments of Shaikin’s robberies and bankruptcy on online. One poster wrote, “….They take no ID and do not want to know one's name or address. Entry is by iris scan. Many ap's including poker players use it” and “"24/7 Private Vaults" is better than a bank in terms of hours. And as stated, there is no SS# taken - everything there is truly private and cannot be seized by any government agency as long as they are not able to find out your box number. They cannot find out from Private Vaults - they don't know your name.”

In a world with NSA, online means someone somewhere knows “your name”- the Internet Service Provider, ISP, the Search engines, the NSA or the 17 year old Russian kid ‘next door’ said to have hacked Target or Neiman Marcus. The attractiveness for online hacking attacks increasing is understood. The American Gaming Association reported commercial casino operators revenue of $37.3 billion for 2012. The National Indian Gaming Commission reported, for 2012, the Indian gaming industry generated $27.9 billion of revenue. Reported total revenue of the 263 casinos rose for the third consecutive year, to $23 billion, an increase of 0.4 percent, or $99.2 million, from 2012. Nevada casinos paid $804 million in gambling taxes and fees on a total revenue of $20.6 billion. 150 Clark County, Vegas West, casinos reported a combined net loss of $1.3 billion. Vegas, East, is bun in Maryland’s booming gaming oven, is waging Casino Wars with Delaware and West Virginia.

Las Vegas 4 Newbies succinctly capsulizes Vegas in a nutshell http://www.lasvegas4newbies.com/chap10-2.html . Newbies says, the House always wins, eventually, on site. On the internet, there is no onsite for “the House” reason enough to suspect Casino’s fighting Poker going online. The fact that the gambler is at home or at work or traveling or dining anywhere but in the Casino, forecasts further revenue drops, not only in gambling but in the tangential costs for food, rooms, fun, fantasy and “Stay in Vegas” trysts.

Legal gaming is a multi-billion dollar industry with real motivations for going online- disappearing communications, TOR Projects, Silk Roads, Bitcoins and Snap Chats. Legislators, enforcement, players, whales and gambling venues should be concerned- real concerned. Everyone, almost, gets caught eventually. Ross Ulbricht, Silk Road mastermind, was caught October 2013. Others have been caught since.

The Online Poker battle is moving closer to the People’s House, the US Capitol. What goes on in Vegas will no longer stay in Vegas. It’s coming to Maryland.

Legislators are inadequately prepared to decide about putting Poker online, beleagured battling evolving products of “untraceable” funds, untraceable underground activism railroads upsetting foreign politics along with untraceable currency, Bitcoin. Congress held photo-op Grip & Greets with Tech Uber stars intent on Tech Agendas. Just like the Healthcare Bill, that had to be signed to find out what is in it, Legislators are slowly grasping the chilling reality the Internet knows about everybody. Even things people want to forget. The Internet and its exploiters never do, forget. Delete is a Unicorn of a word- it doesn’t exist in the Internet.

Online has exploded open Pandora’s Box.

Bitcoin are untraceable hence untaxable funds created by a “person” no one has seen or met. Bitcoins are another unregulated matter with inadequate oversight for Congress to try to catch the vanishing tail of that Vegas is exploring. Julian Tosh, the owner of bitcoinsinvegas.com, is a Bitcoin-merchant consultant. Tosh connects Bitcoin users with entities that accept the Virtual currency. Banks don’t, yet. Bitcoins are not government regulated. Bitcoins don’t require bank accounts. Bitcoins sent from France to America don’t need converting to dollars or dollars to euros. Vegas even hosted a Bitcoin Convention at the MGM Grand in 2013. The untraceable funds already have moved closer to Congressional circles. Matt Mellon, former Chairman For New York Republican Party Finance Committee of THAT Mellon Family dynasty explaining why and how he bought his Bitcoins. First, Matt bought a new computer with its own unique ISP, then Matt bought his Bitcoins before downloading his Bitcoins on to multiple flashdrives he then stashed in separated sites. http://www.forbes.com/sites/kashmirhill/2013/11/13/sanitizing-bitcoin-coin-validation/

Casino Magnate Shelly Adelson’s Andrew Abboud, Vice President of Government Relations and Community Development, Las Vegas Sands Corporation said nothing about Vegas’ Casino anemia. Abboud did testify, repeatedly, Casino’s do not want poker online. Abboud gave a lot of reasons, none of which made particular sense to Vegas bottom line, moreso with Bitcoin becoming a currency of trade.

Barton is a lifer, 30 years in Congress. Barton’s colleagues noted the Congressman has a track record of being ahead of his time when it comes to Bills, initially shluffed off as ‘whaaat?’ that turned out to be ahead of their time. Barton backing Online Poker, may have been, too, ahead of its time. Maybe its time has come or could be, only if paired with matching issues that impact persons other than poker players. There are many.

Fair is fair, online and offline. If Poker is Gambling then so is Trading Wall Street. If not approached that way, then something is very wrong.

Or rigged.

Barton’s nemesis at the hearing was Sands vice president Andy Abboud, spokesman for Las Vegas Sands owner Sheldon Adelson. Adelson’s declared he is willing to spend whatever it takes to stop Internet gambling. Adelson has a track record of being a Sway Trader, someone who jumps in and out of elections throwing massive amounts of money at candidates who had no chance of winning. Adelson is a backer of the Coalition To Stop Internet Gambling. Sands vice president Andy Abboud said Poker must be kept offline to protect the youth and those less fortunate. It isnt the Youth and Less Fortunate Abboud is worried for. Las Vegas 4 Newbies posted “It is not accidental that two-thirds of every casino is littered with row-upon-row of slot machines of every type imaginable. The reason is that they provide the most profit to a casino ...and billions of dollars in tax revenue to the state. (The state of Nevada collects a $250 annual tax plus a $20 quarterly license fee per slot machine plus a percentage - about 5% - of gaming revenue.)” http://www.lasvegas4newbies.com/chap10-2.html

Adleson’s spokesman said he wants RICO, the Wire Act back. RICO has never gone away nor has its relevancy to gambling in a world of USPS Criminal Investigation Units and Wire Fraud extended beyond phone call to include the Internet. Nevada already has provided for remote intrastate sports wagering through Blackberry-enabled mobile phone devices. Federal laws permit intrastate online gaming and different forms of remote gaming.

Problem Gambling Interests’ yada-yada has not changed in a decade, failing to advise Legislators that co-morbidities is part of an addicts profile- shopping (which is online), food (which is online), sex (which is online), drugs (online), lying (online)- the list goes on of co-morbidities and mental illness’ addicts have. http://www.drugabuse.gov/publications/drugfacts/comorbidity-addiction-other-mental-disorders Proposed fail safes such as posting Problem Gambling signs in bathroom stalls and on the Casino floor don’t work. Pathalogical lying is a co-morbidity of a Problem Gambler along with low esteem and-or people the gambler does not want to go home to. Doing anything, often, it becomes a habit, even addictive. Food, sex, booze, drugs even shopping. The Addiction Help Center says, with the Internet, “online shopping addiction has reached new heights” www.addictionhelpcenter.com › Shopping Addiction‎ Additions.com states” Shopping addiction has many of the same characteristics as any substance” www.addictions.com/shopping Putting a credit card in the hand of a shopping addict is tantamount to putting a gun to their head with one bullet in the chamber.

Racetracks were required to move ATMS further from the racecourse. Casinos place ATMS’s a one-arm-bandit-arms-length away. Legislating requiring debit cards over credit cards remains a dumb idea one should not want to take credit for. Gamblers are, after all, pathological, lying first to themselves about their ability, skill and need to “beat” or “be the man.” Debit cards get loaded up before the gambler hits the floor. When that one card is depleted, another card is readied to “kick in to action.” Gamblers are unwilling to admit that wearing the same lucky hat and underwear on backwards just isnt going to work a win, until next time, when they will “get it back.”

Legislators express fear over unknown persons cheating Game Players in online poker yet Congress fails to adress Wall Street pumping out new companies proliferating pumps and dumps that assumed the guise of stagnant but open shell companies. The Retail Investors Act of 2013 is a prime example of Congressional good intentions done bad.

There are far too many similar complaints between Self Trading and Vegas gambling, for Congress to not see the need to craft an Act that protects Users of the Electronic Trading Platforms that retail brokerage industry calls Day Traders. After all, what is the difference between sitting at a computer Clicking Here and there trading stocks or moving cards in an online Game of Chance stacked against the consumer ( http://www.consumeraffairs.com/finance/schwab.html ) . Jan. 9, 2014, Robert of Hudson, FL on posted to CONSUMER AFFAIRS “On 1-8-14, I was unable to log into my account. I needed to get in to buy and sell stock at an early trading time. Because the website was down, I lost money simply because I was not able to get the right prices. I could see the streaming prices early. Consequently, I lost about $200. I believe Scottrade should be liable for malfunctions in their website which results in loss of money. They should see early, before trading time, if their system works and correct the problem, if any. I cannot be the only client of Scottrade that has suffered a loss. When working at buying and selling the need of specific time is crucial. If there is a class action suit directed from this, I will join.” None of Washington DC posted March 2011 “I like using Scottrade Elite and their trading platforms. However, I really get disturbed when their stock options window freezes up from time to time especially when I'm trying to unload a losing position costing me big bucks in the end. It seems a bit suspicious to me because it only occurs on the positions I'm holding. Other stock option windows work fine. Yes, I know I should probably just drop my business from them altogether…. “
( http://www.consumeraffairs.com/finance/scottrade.html” )

Substitute the word “Online Poker” in for “stock.” Get it? Where’s the difference, tragically.

There should have been discussion during the Online Poker Bill hearing adressing Electronic Trading Platform accounts. There wasn’t. Congress is holding Vegas to a higher standard than Congress is holding purveyors of Electronic Trading Platforms, to. Congress forces Wagering sites to invest in Problem Gambling warnings throughout Casinos, racetracks, OTBs even in the loo while there is no obligation to have Electronic Trading Platform hosts post even so much as a TOS, Term of Service identifying Electronic Trading Platforms as potentially addictive, potentially financially destructive or even rigged. “

Congress needs to legislate Brakes in to Self Trading.

There are no warning Pop Ups that a User must click to acknowledge reading with each trade the User effects. There need to be. There is no Instant Running Total Pop Up warning that each trade at the cost of $7.95 per trade is now totaling $400 or $1000 or even more. There is no requirement of the site host to post to the screen of the item(s) betting is being done from the running tabulation of the costs the User incurred from trades in one day, trades in one week and even longer, not a statement looked at once a month, but sent every day. Technology is available. Markit send TD users the value of their holdings, daily.

The public is not given warning on TV pundits offering investor-tainment to trusting viewers without transparency as to relationships on or off camera or coincidences of pushes. There are no forced commercials that watching this madman may be damaging to a viewer’s financial health. Online complaint sites proliferate with consumers telling their experiences of losing money through platforms that do not work, fraught with glitches like Limits not being fulfilled, holdings sold at Market when set for Limit, Elite trading platforms with multiple hidden windows set for trade instructions the account holder did not set nor approve. Self trading is not an isolated unwatched activity. The Account Owner’s activities are being watched, not just by Algorithms but by branch managers, who call occasionally to stimulate the Account Holder’s interest in new gambling vehicles. Site Users are pitched Stock suggestions when they sign on to read their emails or sign on to news pages or other Feeds. Their holdings are passed to entities such as Markit, the gives the Account Owner updates on their holdings. The SEC says this is not allowed practice, yet Account updates by outside parties, continues. The account manager watches as clients, profiling as needing mental help, lose money upon bad trades. Each trade, each Buy and Sell, is money in the company’s pocket.

It is all about the bottom line- online, offline- fed by the person who unwittingly became a Problem Gambler. Barton’s Online Poker Bill should include oversight on these “gambling” vehicles set up by the Schwabs, Scottrades and other retail brokerage firms. Congress should be concerned for the number of people, disabled, suffering mental illness’, elderly, socially uncomfortable, who do not see “online self trading” as gambling. Nor do they feel the pain they are inflicting on themselves.

Barton says he believes legislators will soon recognize that the government should not prevent people from playing a game of skill in their own homes if they choose. Ask an online Self Managed Investment account if their activity is skill too. Until the one day they see the papers in their face, they will most likely answer yes. The cold reality is, for Barton, that the Internet evolves. Who knows what it will become. Maybe Self Directed Trading via Electronic Trading Platforms are best kept offline, too, until Bells & Whistles against compulsive behaviours are set in place, online.

Barton’s proposal in inadequate. Funding wagers must be limited, too, in the frequency with which accounts can be refilled. Online gamblers should be given legible running accountings of what they deposited, won and lost, with a total at the end of each play, no different than the large totals one sees playing Pinball games. Prohibiting deposits via credit card to “prohibit players from playing on borrowed money” is Pollyana. The player gets the money from elsewhere to deposit. Identifying Problem Gamblers is a “Where’s Waldo” task. What does a problem gambler look like? They are everywhere. They do not see themselves as having a problem. They may not know they have a problem or that multiple clicks is self inflicted suicide, too often done at home, unseen by family, friends or colleagues. Tragically, for every Addict fortunate to identify with Gambling Addiction, Responsible Gaming, and Self-Exclusion programs, there is a tsunami of Unseen Addicts that remain a danger to themselves and others.

Sands vice president Andy Abboud was correct testifying “Internet gambling takes gambling too far”. Spam is increasing exponentially. Online thefts are being unreported. Entities from Europe are stealing then reselling American identities. Congress' needs to take the definition of Internet Gambling even farther. The Internet has turned everyday housewives in to gamblers online. A sign in a Casino bathroom does not have an impact. Legislating for the unknown technologies being developed to target site Users with Algorithms tailored to their taste from online past behaviours, would. Years back, Santa Anita marketing executives advised that word from the top was to Capture the Compulsive gambler.

Caught. Now what?

Barton said, Tuesday, December 10, 2013, “God must be for this bill” because his hearing went off when, due to weather, others did not. Congress has got to get it right on identifying exploding offerings from industries that exploit co-morbidities of Addictions exploding on and offline. Then, Barton might win his argument for HR2666, the Poker Bill. It is said that God giveth. Maybe it is time for the Committee on Energy and Commerce Subcommittee on Commerce, Manufacturing and Trade to “taketh away”…..

Full Disclosure: Devorah, a pro racing advocate, was the ONLY non gambler on the California Council of Problem Gambling Advisory Board

WELL GOLLY JOLLY DINGLE JOHN IS LIVING HISTORY (c) Carrie Devorah :

John Dingell is DC living history. Congress decided to pull a Tuesdays With Morry with him, you know, the book about sharing life with someone while they were still here rather than after when regrets are what navigate. The Energy & Commerce Committee hearing room, Rayburn Building, House side, Room 2123 is now named the John Dingell Room. This Room Dedication wasnt about politics for the Democrat representing Michigan's 12th. It was about respect.

As long as I have been around Congress, I have seen him walking on what my grandfather would call "his sticks", arm braces. We take things, and people, for granted moreso in our twitter world, I am afraid, young pups of media tend to write John off. John's curtness is due to nothing less than wisdom. At his age, it isnt Old Age, it is 'been there done that so many times your eyes would cross kiddo.' And he has.

The best vignette of John for me was when I was in his office talking with staff to present my 2D IP, ID and Commerce folio I delivered to key legislators (and then some and growing). John's office was my last folio drop.

My eyes drank up history on his walls. Wow. What I would give to sit with him for an hour and record history. Let me be frank... he has lived through the tail end of one century and the turn into the next. Moi, I tell the 'Moses was my bassinet mate' jokes about me... well, it is with humility, I offer that honor to John.

I will tell you why...

The more things change the more they stay the same. Life model's havent changed just the young whippersnappers have. A chap I chat with from time to time said for him becoming 50 was his great equalizer, recalling with fondness his liberal days as a long haired hippie eventually turned Conservative and military having served in several theaters of war. I did offer him what comes out in my hair brush daily (and then grows back) if he had a hankering to relive his hippie days, with a twist, as a redhead.

Point of sharing is that I have witnessed young pups of media, hooligans with a hand taperecorder, disregard John as they push past him in the hall after a Young Gun, Gang Of 8 or 10 or 20 when the MAN who has been there done that seen the Good the Bad & the Ugly is walking at his metronome pace to and from his office daily. Talk of example to look up to. Talk about person to follow. Talk about Wikipedia.... that online write history by community... you realize John is WICKED PEDIA in the flesh if you catch him at a hearing where he sits, listens and in ONE line cuts through the witnesses crap to the Reality Check point.

The naming of a Hearing Room after him, at this time now, is brilliant and honor to a man I wish the kids who cover Congress would be forced to sit in his room and hear War Stories that will charm them to honor the halls they troll looking for stories, some real and some "gotcha."

Listen, if we want to change the tenor of Congress, us oldies need to lead. Thought? Pizza party, Mr. Dingle? Cameras and tape recorders required to live and learn about life before black & white TV, way back to the good old smoke signal days my boys tease me of coming from. Yeah, I got a million, starting with the Red C, I mean sea... Moses didnt part the waters, he parted Company(ies)

I have a sense a good friend or two on the Energy & Commerce committee could make this happen. Dibs on the first invite. AND dont forget, me listening to you talk about my questions I want to ask Faith, philanthropy, 2D IP, ID and Commerce...after all Joel Gray sang it best "Money makes the world go round... Life is a Cabaret."

I promise no Dolly jokes... NOT!... just outed myself ;)

TRACFONE . AMERICAS OBAMAPHONE CASH COW (c) Carrie Devorah :

Tracfone is the American people’s cash cow. It is a poll US citizens paid for without knowing. Snowden’s outing of NSA’s data capture from calls is JUST the ticket Republicans need to see how these phones are being used by the recipients, what texts were sent back and forth, calls made, etc. Throw away phones are anything but throwaway.

Calls are being archived, that includes TRACFONE calls made from OBAMAPHONES given to people who claim eligibility for government assistance such as Medicaid or food stamps. CLAIM, being the key word. Easy enough to surmise that since the American people paid for the phones, the American people own the data that will show who and how abuse is rampant, not only with the LIFELINE program but with the Medicaid, Medicare, disability programs, etc. Users who cant work will be outed for calls made from the betting parlor, road trips, game days, mani-pedi spas etc.

How? Each call made from an OBAMAPHONE is archived with its phones serial number, SIM cards and Cell Towers that ping signals. Data is preserved, everyone knows post NSA/SNOWDEN. Phone records are retrievable as are all texts messages by OBAMAPHONE users. Toss away phones can be registered by anyone providing a name or zipcode necessarily their own. But they are recorded as are the cellphones. Demand the data waiting to be mined, Griffin and Vitter. Do this right.

Dot you “i”s, cross your “t”s.

AND just for the record of the woman whose chant went viral, “Romney, he sucks, bad” and “Everybody in Cleveland know minority got ‘Obama phone,” “Keep Obama in president, you know, he gave us a phone …” the program did start with Reagan then expanded through Bush.

How? Each call made from an OBAMAPHONE is archived with its phones serial number, SIM cards and Cell Towers that ping signals. Data is preserved, everyone knows post NSA/SNOWDEN. Phone records are retrievable as are all texts messages by OBAMAPHONE users. Toss away phones can be registered by anyone providing a name or zipcode necessarily their own. But they are recorded as are the cellphones. Demand the data waiting to be mined, Griffin and Vitter. Do this right.

Dot you “i”s, cross your “t”s.

AND just for the record of the woman whose chant went viral, “Romney, he sucks, bad” and “Everybody in Cleveland know minority got ‘Obama phone,” “Keep Obama in president, you know, he gave us a phone …” the program did start with Reagan then expanded through Bush.

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FAT CHANCE: Who Would Have Guess That Carlos Slim Is Involved In Waste Fraud and Abuse- Governments Middle Name (c) Carrie Devorah :
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Ever read your Cable Bill? Your phone bill? Your bundled bill? You should sometime. The only thing being bundled is your bucks going to other people MAYBE EVEN if Marsha Blackburn gets her way to investigate the Dole services the Boston Bomber may have been collecting in addition to welfare? Blackburn put it out there to the world now rampant with cyber-sleuthing “did the Boston Bombers receive Lifeline Funds too.” Guessing the answer will come back to Marsha, correctly and not. Cyber sleuthing is not an exact science as recent viral outings have shown finding a role in public bad behaviour and suicides by persons challenged by private moments gone not-private.

Quite funny in that GMAIL refused TWO ATTEMPTS at sending through my mobile a copy of sections of my bill illustrating Universal Connectivity, seems Universal has its limitations- called Censoring. It seems three times was the charm.

The House Energy and Commerce Subcommittee Subcommittee on Communications and Technology hearing held a hearing investigating if money is 'well spent the Lifeline Fund initiated under the Reagan administration. The hearing took place the same morning FIVE living presidents were cracking open yet another historic book- the 43 Library in Texas. Some legislators took the morning as an ET PHONE HOME DAY. Others, were present to say PRESENT. The Lifeline Fund program was expanded for wireless services by President Bush. The Universal Service Funds USF Lifeline programs tripled in size from $800 million a year in 2009 to $2.2 billion per year in 2012, a phenom blamed in the inclusion of prepaid wireless providers in to the program. The FCCs position is the program is decreasing users and is of benefit to victims of spousal abuse, veterans, tribal areas, seniors, school lunch program families and families in Head Start and others in rural areas, etc.

Lifeline is the program with excess, experiencing an explosive growth of public funds under Obama, feared to be unsustainable- both Obama and the LIFELINE FUND. Blackburn says there are plenty of questions under this warranting questioning of accountability. Congresswoman Blackburn inquired as to what reforms should go in to place questioning fund abuse. Vetting is warranted.

The declared bipartisan goal is to expand the program for the Internet economy in that over 100 million Americans dont use broadband yet. OMG even with percolating Online fraud and abuse coming to a boil.

Congresswoman Matsui (D-CA) hoped the hearing would focus on facts not fiction, used this public stage to reintrode her The Broadband Adoption Act (HR 1685).

Witnesses included Geoff Ageist, general manager of Montana Telecommunications Association, Jessica Gonzalez, Vice President of policy and legal affairs representing the National Hispanic Media coalition, Billy Jack Gregg of Billy jack Gregg Universal consulting, Christopher Guttman McCabe Vice President of regulatory affairs for CTIA the Wireless Association, Phillip Jones chairman of the aboard and President national Association of Regulatory Utility Commissioner and Julie Veach chief wireline competition bureau of the Federal Communications Commission the FCC. Veach compellingly shared how the fund was her lifeline forward to achieve a position on the panel. Veach is a proponent of USE not ABUSE.

The original intent of the program was to cover the short fall for low income customers and local phone rates. Phone costs increased post the divestiture of Bell Operating companies from AT&T. Participating companies must be certified as ETCs eligible telecommunication carriers. Carriers must have their own inversely service programs. States that don't have their own programs allow the FTC to step in. In 2005, the FTC granted petitions to non facilities based providers, companies who dont own their own infrastructure, on a case by case basis.

The 1996 Telecommunications act introduced competition to the market for local telephone services. Competition was brought in to the market. The USF was codified. Monthly discounts can go as high as $10.00 a month. Participants must be subscribers with income below or at 135 % of Federal poverty guidelines or participate in assistance programs like food stamps.

A tangential program, Linkup, was created to help low income consumers pay the installation cost of phone service, up to $30 to facilitate costs off phone service, up to $200 in a year., with interest free loans for additional installation costs. The FCC reduced Linkup support to tribal residences.

Feb 2012 was a date ‘out there’ for the FCC to have prepared reforms which included requiring subsides to recertify, confirming subsidies were one per household, starting a state by state accountability database, imposed audit requirements on carriers receiving more than $5 million in annual support, to develop an automated way to determine if a recipient in lifeline eligibility of Medicaid, food stamps, and supplementary income programs.

41% of Lifeline recipients cannot show eligibility or refuse to show certification or even account for how many phones they have.

There is a fine line between gluttony and margins. The House Majority wants to put the $2.2 billion U.S. mobile-phone subsidy for the poor on a diet. Slim’s TracFone unit is scarfing the biggest part of the U.S. Federal Communication Commission’s Lifeline program enchilada, taking in $451.7 million, or 28 percent, of payments in 2011. “It’s not fair that people save and work and pay for phones from whatever funds they have, and other people get them for free,” Representative Tim Griffin (R-Arkansas) wants the mobile subsidy eliminate. Slim’s phone company AMERICA MOVIL SAB (AMXL), the biggest in Mexico offers mobile service in 17 Latin American countries and the U.S.

The FCC has No jurisdiction over wireless providers. Checking churches, imams, mosques to vet out who of the sheltered, if any, or benefiting from public and church grace, is abusing social programs is off the radar. Making sure the next Boston Bomber, a man with time to box, to travel to Russia and crock up a pot of nails is out being a man providing for a family, supported by enabler parents, in-laws, wife and handlers isn’t a margin being made on the program. Being financial mentors, it seems, is no longer PC, appearing to have gone out the window with IN GOD WE TRUST being stamped on the face of American coins.

There is no budget, the FCC says. So next month when you look at your bills back page, bottom line? Yours will be going up. You will pay more so others can continue to DUE less….

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AEREO KNOTS Cable is All Fit To Be Tied UP . OVER & OUT (c) Carrie Devorah :
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One has to wonder why attornies don’t look past the end of their nose or past prior rulings when it comes to preparing cases for court. AEREO is a good example of a fix being in before the case hit the bench. The consequences of Stealing Intellectual Property and Stealing Cable/Content is a starting point the big time lawyers and Judge looked past when it came to AEREO. Ehow says “Stealing cable is a federal crime and carries considerable consequences such as fines, jail time and potential lawsuits, but that doesn't stop people from doing it. United States Statute 47 U.S.C. § 553. Unauthorized Reception of Cable Service (last revised in February 2010) prohibits cable being received without charge --- unless otherwise authorized by a cable provider. It is therefore illegal to intercept cable from others or use personal cable to make a profit.” http://www.ehow.com/info_8201911_consequences-stealing-cable.html

Each format within which the content is used is of ownership to the Copyright creator to license at their will, under their terms.

NY based AEREO, the cable cord cutting startup, won key court rulings in a broadcasters’ copyright-infringement lawsuit. AEREO subscribers watch channels live. Television computer signals are converted in to computer data then sent over the Internet to subscribers’ computers and mobile devices. AEREO subscribers can record their shows with an Internet-based digital video recorder. While Cable is landlocked or homebound, AEREO works outside the home. Users login to AEREO then access live television or programs they recorded from a cloud-based DVR. AEREO hoped to circumvent legal challenges they anticipated would arrive from sharing broadcast signals. AEREO’s strategy for anticipated legal arguments was to argue Users are limited to one micro antenna each without offering an explanation as to how limiting User Antennas would not put AEREO in violation of Copyright Infringement of cable content AEREO was piggybacking on to similar in the way to plugging into a neighbor’s Cable to avoid paying. Accessing a neighbor’s Cable is criminal. Unauthorized interception of cable television service is illegal and a serious problem in the Commonwealth and the United States.

To understand AEREOs Micro Antenna strategy better, one must understand Cable Access for Unauthorized Use. There is Active and there is Passive cable theft. Passive cable theft is receiving consumer services due to the cable operator services being faulty. Resolution of Passive Cable Theft is an honor system of self reporting to the cable operator. Active cable theft is explained to be an illegal physical connection to a Cable System or modifying equipment to get the service, knowingly and willfully, without the express authorization of a cable television operator.

The PLANNED STRATEGY to provide AEREO Users with individual Micro Antennas to access Copyright Content without Authorization is a broad lawsuit against Individuals waiting to happen. Ignorance of the law, in light of NAPSTER downloading suits and other suits against Individuals is no longer excusable by John or Jane Doe Public. Anyone receiving a licensed show will potentially be liable for Infringing Copyrights, sharing and other potential claims Content Owners will be able to pursue along with potentially taking legal action against AEREO and other such similar copycat service providers who will try to hide behind SAFE HARBOR and FAIR USE, of which they are not protected by.

The service started in New York a year ago is warp speeding its $8 a month broadcast television over the Internet service to include Utah, August 19 and Chicago, September 13. Months earlier the service was being rolled out at $12 a month. AEREO expanded to Boston and Atlanta a few months back. The David in battle against the Cable Goliaths is moving to Dallas, September 23, Miami, September 2 and Houston September 16. Lineup includes New York City Mayor Michael Bloombergs financial channel. AEREO comes with over-the-air-content developed by stations.

Lawsuit filed by WNET, 13, Fox Television Stations Inc, Twentieth Century Fox Film Corporation, WPIX, The Univision Television Group Inc, The Univision Network Limited Partnership, Public Broadcasting Service

http://www.nab.org/documents/newsRoom/pdfs/030112_Aereo_complaint.pdf

Second District of New York Federal Judge Alison Nathan denied broadcasters' request for a preliminary injunction against AEREO. AEREO argued the requested injunction would put it out of business. Judge Nathan, an OBAMA appointee, ruled "although [the plaintiffs] have demonstrated that they face irreparable harm, they have not demonstrated that the balance of hardships decidedly tips in their favor….. As such, the Court denies Plaintiffs motion for a preliminary injunction." (http://www.scribd.com/doc/99855807/Aereo-Ruling-Preliminary-Injunction-Denied)

President Obama nominated Nathan, March 31, 2011, to replace Judge Sidney Stein’s seat on the United States District Court for the Southern District of New York. The United States Senate confirmed Nathan in a 48–44 vote on October 13, 2011. Nathan served as a special assistant and as Associate White House Counsel to President Obama from 2009 until 2010. President Obama is committed to a FREE INTERNET.

September 16 2011, Obama said “"We have to do everything we can to encourage the entrepreneurial spirit, wherever we find it. We should be helping American companies compete and sell their products all over the world. We should be making it easier and faster to turn new ideas into new jobs and new businesses. And we should knock down any barriers that stand in the way. Because if we’re going to create jobs now and in the future, we're going to have to out-build and out-educate and out-innovate every other country on Earth." http://www.whitehouse.gov/issues/technology

THE ANAGRAM OF STELA IS STEAL (c) Carrie Devorah :

Congressman Joe Barton leaned in to his microphone. He shared the humanity of a legislators life in a city where often legislators are painted as less than humane. But legislators doing their constituent’s work- need housing here, in the Capitol, and there, wherever back home is. Multiple residences means multiple costs of services replicated in each home, as Barton’s case may be, in each state and county. Three homes means three cable bills. As Mr. Barton pointed out, cable doesn’t come cheap these days. Do the Congressional math- $200 a pop times three equals $600, a hefty price, when service options are restricted by Cable providers to package options, each pricier than the other, bundled with programming options along with the one show, or two, customers like Barton want.

The hearing, a second on STELA, held by the Energy & Commerce Committee, was coincidental to the Cable Industry Gala the night before. Hearing witness Amy Tykeson, CEO of BendBroad was congratulated for being inducted into the Cable Industry Hall of Fame. How nice to save an industry travel costs back and forth to the Capitol.

Chairman Upton opened the hearing making an understatement in a world where technology changes day to day. Upton said to hearing attendees that the video marketplace changed since STELA, the Satellite Television Extension and Localism, was enacted back in 1988. The E&C’s hearing was called to “Revoke” or “Revise” STELA. Recycle should be an option. Walden said, “The purpose of the law was to give the then nascent satellite industry a leg up in providing distant broadcast signals to viewers out of range of local over the air signals.” Mobile has conquered the world. Viewers in Bangladesh are receiving vimeo on mobiles. Fred Upton acquiesced “television providers are no longer new kids on the block. And cable operators, once the commanding presence in the pay TV sector, now face competition not just from satellite providers, but phone companies and the Internet as well.”

STELA’s Act may be up in 2014. The jig is up when it comes to Congress showing its failing in getting Legislation ahead of the next technological move, and the next after that, and so on. It doesn’t take rocket science to see solutions. It takes therapy. Congress must move past being their own Self Help group by admitting they are co-dependent on the wrong community as advisors- technology, corporate lobbyists and Congressional Research staff for advice- the people who walked Congress into getting caught with their pants down when it came to technology that is now running America, and the world, amok.

Fuggedaboudit when it comes to healthcare, NSA, etc. being the themes for Town Halls. Talk about the common thread in all of the issues making headlines- IP, Intellectual property. 2D IP, intellectual property used in the content produced and disseminated by Satellite through Search Engines and ISPs and soon to be AEREO, the even newest kid on the block Farhad Manjoo of Pandeo calls “stupidest high-profile tech start-up ever launched.” (http://pandodaily.com/2012/07/14/dont-root-for-aereo-the-worlds-most-ridiculous-start-up/ ) Why is Congress stepping towards the AEREO light? Deep pockets. Barry Diller and a “loophole in technology.” Manjoo wrote “I’m being harsh. But someone has to be. In the past few months, after Aereo was hit by insane lawsuits from the television industry, it has become something of a cause célèbre for people fighting for more progressive copyright laws. No doubt it was good to see Aereo win its first legal test this week, when a federal judge denied TV companies’ request to have the firm immediately shut down. But don’t mistake Aereo’s win as a sign of progress in copyright law or as a victory for consumers. If Aereo is successful, it will be only because it found a strange loophole in the legal thicket surrounding how we treat content. But as BuzzFeed’s John Herrman smartly points out, “loopholes aren’t a technology” just because a company has found a legal loophole does not make it a sound business idea, a sound technical idea, or a good deal for consumers. Read it and weep Congress. Read it and weep. Just because Disney, WDIG (the Walt Disney Internet Group) sit at a table in front of you testy because Schurz Communications had bigger ‘ones’ than Disney does. Marci Burdick, Senior V.P. of Broadcasting, Schurz Communications, Inc. did not let Ben Pyne, President Global Distribution, Disney Media Network get away with anything he attempted to set aside. Good reason. It’s a paycheck to Ben. It’s a family dynasty to Marci…”It all began in 1872 when Alfred B. Miller and Elmer Crockett founded the South Bend, Ind. Tribune. The Tribune is still the flag-ship property and family members have held editor and publisher positions at the newspaper for five generations. Schurz Communications newspapers have a long tradition of editorial excellence, technical innovation and a commitment to the highest standards for quality and excellence in journalism.” (http://www.schurz.com/about/history/)

The hearing focus was wrongly on CEOs. Each individual is a CEO sometimes even only in their own mind. Companies start with Individuals who have ideas. Other witnesses at the table included Geoffrey Manne, Senior Fellow, TechFreedom; Mike Palkovic, Executive VP, DirectTV; Hal Singer, Managing Director, Navigant Economics and Amy Tykeson, CEO, Bend Broadband.

Legislators need to go back to the drawing board, first stepping on technology’s push for a free Internet where consumers are bundled and sold, spied upon and petrified that IF the Russians or terrorists attack, they will know how to find them- each and every member of their family and know how to torture them- forget about waterboarding- google has everyone’s lives in their storage centers, even yours Mr. Upton. A few months back Americans believed hackers were foreigners, now they know the people to fear are people living next door.

Let your constituents talk to you at Town Halls. Let them tell you how they feel about getting technology that takes away their rights to privacy, their rights to their Intellectual Property that will make their living for them. Ask them the questions your Research Committee isnt giving you. Why? Partial reason. Your research is being done by the generation that is acting before they think or realized the same technology they are pushing Congress to move forward is the same technology that hacked and released Congressional staffers emails- Anonymously. Not. Aided and abetted by Congress’s decisions that got Legislators to where they sat that morning…. STELA- revise or revoke.

Satellite companies are here today and hair brained schemed replaced tomorrow. AEREO? Really. Customers. Customer service and where Congressman Barton got the conversation heading- customers and corporations being forced to take what they don’t want to get what they want at prices and with disclosures that change without constituents not being told about technological wizadry provided to Satellite companies in order to predict what Customers want and THEN, withholding that programming from them unless Cable packages are bought. If paying customers are the lab rats being tracked at home for Search Engines and ISPs to sell data on, the PAY THEM by bringing Google billions back from offshore and reduce customer monthly costs.

Chairman Walden said, “We have a year and a half before we must decide what action to take.” No sir. Deadline passed. E&C has no time to clawback latitudes given to the tech companies and the Behemoths in industries that are pushing competitors out of business.

In 1988, some rocket scientist put Satellite under the Judiciary because of a link being drawn IP. Remove Satellite from Maria Pallente’s jurisdiction and put it under the FTC’s Julie Brill where it belongs. In the eye of the Search Engine and ISP content- Google model, everything is content. In the eye of the consumer, the consumer has become Search Engine and ISP content. In the eye of the realist, CONTENT is king. The consumer has lost. Especially this secretly recorded wife now, Content' http://www.theblaze.com/stories/2013/07/22/man-uploads-wifes-explosive-temper-tantrum-on-youtube-one-of-them-has-reportedly-moved-out-and-filed-a-restraining-order/?utm_source=facebook&utm_medium=story&utm_campaign=Share+Buttons

The push for mobile was orchestrated years back. “ITS” no longer just about TV. “ITS” being sold as Freedom. The new Freedom bandwagon is mobile. Advertising was predicting mobile as the way to go. Ask Ted Leonsis of Monumental Sports. 3x more money comes from an online targeted ad then online broadcast ad traditional shotgun ad.

Mobile is a parents nightmare. Mobile devices are tricky for parents to monitor. It is a stalkers paradise. It is a Satellite consumers fear. Yes, there are stories of “call centers” overseas taking Satellite consumers Intellectual Property. Better yet, the IP and personal data thievery Congress always dumps on China is a helluva lot closer to home Fort Lauderdale Florida (www.dmnews.com/former-call-center-workers-accused-of-stealing-consumer-information/article/72133/). Facebook has been compared t oa Walled Garden. Google has been compared to a digital nudist colony. No one can cover up their nibbles & bits anymore. Kids and teens are about to learn the choices in their Internet life, they didn’t make. They were groomed- a slap in the face to the hard work former Congressman Ed Markey and Joe Barton have done to protect children’s privacy. The technological foot print children are making is being shaped by their online interacting being stalked by technology. Remember the Jim Carey movie? Where a crew behind the scene made his choices happen based upon decisions the crew notated he did before? Who would have thought we are in Jim Carey’s mind.

The problem is definitions. The problem is there are none. The problem is technology’s pot bangers are telling Congress how amazing the Emperor is looking. NSA’s data theft and teenagers making content of gang rapes of drunk teenagers should be telling Congress the Emperor has no clothes on. Dudes. Cover up.

The STELA conversation is not about looking back at “cable regulations, such as the must carry, basic tier, buy through, program carriage, program access, and set top box rules….The video market is changing rapidly. Phone companies are in the video business now, both over wires and wirelessly. Netflix is offering original programming over the Internet. And Aereo, for better or for worse, could turn everything upside down” as co-Chairman Walden said. The STELA conversation had to be about setting up a Ten Commandments that protects what made America great- Consumers rights to their Property promised by the Founding Fathers- their rights to privacy, their rights to owning their Intellectual Property OR getting paid for it, sharing in the profits Search Engines and ISPs are making from consumers while charging more and providing less in a push to prop up corporate profits.

Congressman Murphy said these conversations never quite reach the level of the Artist who designs the logo or the website or even the uniforms and office and equipment for the doctor or professional addressed in these hearings. Michael Burgess talked about doctors and dentists offices and patient IP. Dr. Burgess- doctor-patient privacy? Used to be scotched the second your staff hits ‘Send.’ Now, the ISPs are entering computers constantly taking data, even when offline- all communities. Simplify the protection needed- everyone’s 2D IP, ID and Commerce. The worry isnt that the theft goes on but how the Internet has expedited the speed thefts are taking place.

Footnote, Congress. On the heels of Snowden and the NSA? Stop blaming China for stealing American IP. Take a lesson from China’s example of IPR, Intellectual Property Rights courts instead of Maria’s solicitation of Small Claims as a forum to resolve IP theft. Ask which search engine gave their encryption codes away to access THAT market. Hopefully China doesn’t clue in and sue America yet for stealing Chinese Food….. And one day, may I’ll write about Bulova Watch Company IP theft from a half a decade ago or how “Tuesday is Russian Day at the USPTO. Congress, every day is Russian Day…

Congressman Horton said put one office in charge of Satellite and IP. No. Two. And they exist. The FTC and Register of Copyrights. Re-divy Satellite back to the FTC . Create IPR courts along the lines of China’s and India’s. NOW. Enforce Economic Espionage Act, Computer Hacking laws. Don’t depend on the Direct Marketing Alliance. What part of Digital and Marketing and Alliance is Congress not getting. There is no silver bullet to Media Literacy and Public citizenship.

Where did Congress get the misdirection that consumers and Moms & Pops are worth less than Mega-Witnesses like Disney who was at the table. The answer is really quite truthful- college, it seems, and from the DAA Digital Advertising Alliance's Self-Regulatory Program for Online Behavioral Advertising (www.aboutads.info/participating) College professors created a theory that companies worth is justified by its returns to investors, obliterating the old school way of Customer Service and, most likely, the push for global expansion. Guess, most of the legislators aren’t old enough to recall the Nordstrom Model of Business. Well worth repeating. Will save the story for last.

Congressman Barton started down the conversation addressing cable subscribers paying through the nose for services they don’t want to get the one or two channels they want. Legislators must keep an eye on news back home while they are away on Capitol Hill. Options? Buy the package the satellite carrier is selling or, as Mr. Barton said, go back to free TV. $600 a month out of legislators’ pockets while facing a $2000 per staffer healthcare Obama tax looming has legislators weighing their running, again.

Undiscussed during the hearing was the games cable companies play with customers beyond Program Packaging Options. Satellite companies fail to advise customers of new promotions that might drop a high bill to $89.99, with no cost for the package switch. Companies like Comcast don’t tell relocating customers their monthly fee might be changed by the satellite company without the customer being told. Customers are not advised $20 credits are available if techs are late or fail to show. Customers are not told when Plans expire the company picks the Plan customers are renewed in to, without notice or permission. Nor are customers told they are subsidizing cable for people who live in rural America IN AN INTERNET/VIMEO/AERO/SEARCH ENGINE/ISP world.

What are the norms going to be. Google Glass, a transmitter/ streamer Bathroom two men standing in one says are you ok if I wink your winkie? Democrats signaled they would prefer to reauthorize the act rather than bog it down with other issues. As it is, the Judiciary committee has to be involved in the legislation because of the interlocking copyright provision in the law.

Mobile has changed the ecosystem. Legislators, maybe it is time to say no to Hollywood. They are no longer King of Content. Now, if someone wants to be a star, they just have to turn their flip phone on themselves in the bathroom mirror and Click. CONTENT. As legislators are learning, Gotcha moments are a reality TV show waiting to happen…

Walden is wrong. Its not about “respecting the investments of the networks that create it and the broadcasters and Pay TV companies that deliver it? “ Its about protecting the consumer who has unknowingly paid for this with the greatest price of all, loss of privacy. The chairman said “million viewers write and call Congress reminding Congress of that clause in the Constitution “about the right of Americans to watch whatever they want, whenever they want, wherever and however they want.” GIVE THE PEOPLE WHAT THEY WANT!

The key is to learn from the twenty five year old STELA Act. Keep its best as framework. It isnt the satellite industry that needs addressing. New industries continue to emerge. It is the model- Consumers and their entertainment consumption. The model has been thought through. Simple, CONSUMER v BUSINESS ENTITY. This is where the Nordstrom’s Business Model comes in to play.

And the Ten Commandments of Consumer Consumption, that Congressman Barton called a Consumers Protection of Intellectual Property Rights, well, he said “Bill of Rights For Consumers.” Hint. No don’t do as Michael Palkovic, DirecTV’s svp of services and operations, said “make the laws smarter to reflect the 21st century video marketplace.” Do the American thing, create the Bible that stands the test of time, the framework of the country. KISS, Keep It Simple Stupid- Ten Points that will protect Tablet One (Constituents) Privacy, Customers, Innovators, Data, ________, from Tablet Two (Corporate) Open Data, Notice, Simplified Contracts and Terms of Service, Algorithms, ________.

For whatever it is worth, E&C, the anagram of STELA is STEAL…

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HEY STELAAAAAAAAAAAAAAAAAAAAAAAAAAAA!!!!! (c) Carrie Devorah :
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HEY......................... STELAAAAAAAAAAAAAAAAAAAAAAAAAAAA!!!!!

No it wasn’t Rocky calling out for Adrian or the call of the wild for the woman he wanted. It was the focus of an E&C committee today on the Hill. Contrary to popular belief, not everyone in DC was focused on Immigration issues although the Halls were crawling with immigrants and children wearing Let My Daddy Stay T-shirts long enough to be dresses on boys. One child dropped his raisin on the floor, squatted to pick it up and ate it while his mother was pen in hand talking to one of the Hispanic Senate custodians. It was a day in the District political style.

Across the Capitol off Independence Avenue, history spoke, living history. Congressman Dingle (D-MI) was acknowledged for being the longest serving Congressman. E-V-E-R. John served Congress 57 years, five months and twenty six days. His bezzie, Congressman Joe Barton (R-TX), sat on the other side of the hearing room. John is a mentor to Joe. John won a special election for his father’s seat, held by his Dad over two decades. Dingell, sworn in December 14, 1955 by Sam Rayburn, understands all about working his way up. John served as a congressional page during his father’s tenure. Dingell’s honorary Congressional title is Dean of The House offering wisdoms to hearing attendees such as “It aint how long you took but how well you did.” John’s colleagues said that every major law has John Dingell’s fingerprint on it. Today was a page turner even for a man who has voted over 25,000 times in DC.

The hearing had been underway when John entered the hearing room, an example to the political pups in the audience. And the hearing continued when John left, not for much longer though. John announced he was not going to ask questions. He made a statement only the hero of the Halls could make without pushback. He had no plans to ask questions. He planned only to make a statement- nailing it that speeches made by some of the witnesses were so far off the mark of the hearing. The hearing was about STELA, John reminded attendees, hearkening to Stanley, infamous, from Marlon Brando’s famed movie Streetcar Named Desire. John wanted, desired, one thing- stick to the point of the hearing the Subcommittee on Communication and Technology was meeting on “The Satellite Television Law Repeal Reauthorize or Revise?” held coincidental to the National Cable & Telecommunications Association, formerly the National Cable Television Association Convention and Awards held in DC this week, headlined by Jennifer Lopez, CCO for NUVOtv, interviewed by Lynette Rice, West Coast News Editor from Entertainment Weekly. http://www.cabletechtalk.com/the-cable-show/jennifer-lopez-opens-wednesdays-general-session-video/

The witnesses were Mike Palkovic , exec VP services and operation DIRECTV;
Marci Burdick, senior VP of Broadcasting Schurz Communications Inc;
Ben Pune, president Global Distributiin, Disney Media networks;
Amy Tykeson, CEO, Bend Broadcasting: Hal Singer, managing director, Navigant Economics and Geoffrey Manne, Senior Fellow from Techfreedom.

Henry Waxman invoked a reauthorization integrating copyright in to the issues, wanting to assure, in to the conversations for opportunities for consumers and content creators alike, diversity, the hot current contemporary Congressional buzzword. Waxman acknowledged that consumers must have content and that creators want their product seen far and wide. Congressman Waxman’s constituents include Disney and Directv, two of the witnesses seated at the table before the legislators. The Tennis Channel, another of Henry’s constituents, boasts over 20 million employees, was protected by the 1992 Cable Act, Henry said, acknowledged in a letter CEO Ken Solomon sent along to be read into the record.

Mike Palkovic , exec VP services and operation DIRECTV; testified it is unimaginable the Cable Act, approved by Congress, grew to facilitate America’s demands for what they want when they want it where they want it and, with constant new emerging technologies, how America wants it. Bundling, the consolidating of cable channels, has grown from four channels in 1992 to over hundreds. Palkovic pointed out corporations use the Retrans process to force consumers to take channels they don't want while blacking customers out on channels the customers do want. Palkovic maintained the regulations smart. Palkovic suggested, coming across as tongue in cheek, that providers could be allowed to negotiate directly with consumers, after all, Palkovic said, cable broadcast companies refuse to negotiate with them making product content expensive. Consumers want change, Palkovic said, more importantly stating, consumers deserve it since what was intended by congress is working well and what was not intended is not working well, reality being the laws were created in1992, for 4 channels not 400 and a time when operating costs are eating the profits. Palkovic wanted people to know, money isnt being made off increases made off the pocketbooks of consumers. Directv doesn’t want Stela to change. Unless change is addressing the blackouts suffered when one challenges the Biggie leveraging rights for other content.

Marci Burdick, senior VP of Broadcasting Schurz Communications Inc testified on behalf of NAB TV. Burdick reitierated Television is important to politics, reminding that without TV politicians can’t reach their constituents. Burdock said she will fight her own fight, that she will make her own deal and asking though that Congress not tip their decision in favor of any one industry. Burdick thinks the marketplace works. Burdick cited a percentage of stations they are given are Must-Carry stations that have developed traction then built themselves into viable businesses of their own, addressing Faith, Ethnic and diversity audiences. Burdick pointed out, with Rights and Fees, her constituency argues about paying copyright providers for their copyright performer rights they are providing it for free. Burdick corrected misstated history- Cable rates were going up before the Cable Act of 1992. The consumer suffers. The consumer is losing the connection her peers provide- local news weather, with miniscule compensation, not duplicated anywhere else, reinforcing there is a value to localism and protecting local rights and lifeline services that local cable provides. After all, the show must go on…. Consumers expect it.

Disney’s Ben Payne was stuck between two women and clearly not enjoying it, snapping at the women when the stood up to his comments that did not reflect their experience. Payne reminded how he did not include ipads in the technology he testified about in 2007. iPods yes. iPads came along three years later along with smartphones, tablets and apps. Payne said Disne was the first broadcaster to provide streaming service, recognizing value in online distributors Disney could use to get content out. Hence, Disney’s Hulu acquisition, to help Disney’s commitment to provide outstanding service to consumers. And, he did not say, to provide dividends to investors, the professorial syllabus of what makes a company viable- expansion, growth and payout. Quality content is expensive to produce, says Payne. The Brits know that hence shows like Downtoan Abbey run a short time, the return after an extended hiatus. The lion share of programming is on broadcast TV, said Payne. Disney’s position is the current system works letting Disney get its content carried where consumers want it. Disney, Payne testified, believes Congress should let the legislation sunset rather than extending it. If Congress decided to extend the legislation he said they should do so only by adjusting date and nothing else. Oddly enough as arguable was he was and testy with his peers, the female kind, Payne came to Congress, unprepared to answer specific demographics of who is watching what. Payne did say something about the average consumer past 23 cents. Used to buy 5 pieces of bazooka gum. A Disney history lesson Payne provided was the evolition of abc.com- came about after The Mouse realized shows are pirated within 15 minutes after airing. but he came prepared w the price that average per viewer cost is 23 cents. Oh, and btw, six companies control most of programming so he recommended. Don’t repeal support of copyright. Use the Cable Act to leverage against consumers.
Said 6 companies who control most of programming. Point the gun and say take it or leave it or blackout.,it isn't a free market. Using the cable act to leverage against consumers.

Amy Tykeson, CEO, Bend Broadcasting was proud of her company’s achievements including investing 100 million to be the top local dog and an industry leader. Tykeson says her company is being hurt by the current law. Bend is unable to produce the content and packages her customers want. Blackouts hurt her customers. Networks increasing fees are driving up consumer costs from 260 million to 2.6 billion in 6 years and expected to rise more. The quality of devices consumers are watching is argument enough to make the change for more choice and lower prices.
She said the market doesn't work . Customers are forced to accept programs they cant afford or programming they don’t want. Bend has to place programming in tiers.
The prices for retransmission consent are growing faster than fees for other programming but all costs are going up doubling and tripling each cycle and costs are going up along w inflation and agreements.

Hal Singer of Navigant economics served as an expert on prior issues in the arrive cable industry (Nfl). Singer said it is important to care for independents is because they provide the best content since unfettered by law. Singer cited one professor who called to ban vertical integration . Downside said Singer should be evaluated on a case by case approach is that relief does not come with it. The policy question is who should adjudicate- FCC or anti trust laws which won't be suitable for discrimination independents. Singer said the original intent of Congress was to immunize the cable with redundant laws that have little to do with the involoved parties. Said decision making is biased. Without direct evidence, he said, there is a presumption of balance to the larger networks which complicates matters for the smaller independent networks, likening it to a newspaper times eliminating a popular columnist- the columnist still has value.

Geoffrey Manne of Techfreedom reminded the hearing to ‘remember House of Cards,’ Netflix. Kevin Spacey, representing the work of new technology in the face of technological change. Manne wants Stela to sunset, saying it isn’t deregulation just smarter regulation that smarter rules that will stand up. Giving more to the consumer for their buck-, Manne says is better, the ‘more the higher the quality.’ Regulatory mistakes, Manne said, are discovered in retrospect. To be considered are costs- opportunity and technological costs- with the devil in the details. The economics Manne sees are two behemoths on either side of the negotiating table, with no strong basis in economics if have the two big players on either side. At the end of the day, Manne said you have to pay a price for things you must have, cautioning that content owners must make valid business decisions to maximize their market which is remarkable but can be better.

The concern legislators expresses is for consumers who have no voice here, with no control over their bill. The customer gets hundreds of channels they don't watch from a revenue model that has no liability for cable manager who makes the deal just passes it on to the consumer. Congresswoman Blackburn pointed out content must be compensated for as does the content creator deserve to be compensated.

John Dingle said the bill of 1969 had 9 titles but few pages. It was argued in good faith negotiations, predicated on promoting localism. Dingle said most of his colleagues including him don't understand the matter at hand let alone what to do with it so he recommended the committee stick to the theme at hand…. STELA!!!! John’s bezzie Congressman Joe Barton injected irony and humor into the cable hearing, a commercial for annual Congressional Baseball game- of which Joe is a coach for the GOP, ironic in that cable used to boast itself about being commercial free. Times, costs and entertainment tolerance have changed along with the professorial business models. Sadly, I will be in New York at my son’s Darren-palooza, his annual birthday fete he hosts downtown.

Broadcasting and signals of a baseball kind aside, the divide between the Mouse and the smaller cable companies is big and growing. Consumers in DC can take the night off and watch Congress take it to the field after which life will return to paying for programs they don’t want. Maybe the problem isnt cable but too many people making too much programming that, when it comes down to it, aside from the performers and creators, people may not really want…..STELA! STELAAAAAAAAAAAAAAAAAA!!!!

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