DiFi Tries To Hand Corporations A Giveaway In The Stimulus

The final numbers on the stimulus package are trickling out. Some of the baseline investments are here:

* Investments in Infrastructure and Science - $120 billion
* Investments in Health - $14.2 billion
* Investments in Education and Training - $105.9 billion
* Investments in Energy, including over $30 billion in infrastructure - $37.5 billion
* Helping Americans Hit Hardest by the Economic Crisis - $24.3 billion
* Law Enforcement, Oversight, Other Programs - $7.8 billion

It's unquestionable that the conference report is worse than the House bill but better than the Senate. It costs less than the Senate bill while providing more stimulus. Some bad spending like the clean coal "FutureGen" project is out, along with some of the worst corporate tax breaks. Mass transit spending is up, the child tax credit was partially restored to House levels (now kicking in after $3,000 in income), and the state fiscal stabilization fund gets around $54 million (but that includes funding for school construction). You can find the full summary here.

There are some very solid elements to the bill. White House economists estimate that the package will create or save 396,000 jobs in California and 3.5 million nationwide. This is a down payment on a new generation of investment in America.

However, like with most Congressional sausage-making, there may be some rough patches. The worst is the allegation that Dianne Feinstein is trying to include filtering into the stimulus as part of the program to expand broadband capacity across the country.

The Open Internet Coalition - which includes groups like Public Knowledge, Free Press and the Computer and Communications Industry Association (CCIA) - is applauding the more than $2 billion expected to be in the stimulus bill for broadband build-out in rural or underserved areas. They say not only will building out high-speed Internet instantly create jobs, but giving people in those areas more access to the Internet will spur small-business creation and other growth [...]

These groups are also over-the-moon about the fact that the Senate bill has a non-discrimination, interconnection requirement that essentially says any provider receiving stimulus funding has to make sure they provide equal access to everyone over their network (part of the so-called "net neutrality" debate). The House version requires the FCC to define "open access," which essentially calls for carriers to share their networks with competitors.

But they're worried Hollywood is still trying to insert a content filtering provision via Sen. Diane Feinstein, D-Calif., at the last minute. Feinstein has been trying to add language specifying that Internet service provider (ISPs) may engage in "reasonable network management" ... "such as" efforts to combat illegal activity like "child pornography and copyright infringement." In essence, some argue, ISPs would be able to monitor any content coming to and from your computer, just in case there was some copyrighted material violating fair use, or kiddie porn in there.

But groups like the Motion Picture Association of America stress the "network management" angle of the bill ("filtering" is a nasty word around these parts). After all, it's hard to argue against stopping kiddie porn from being sent over one's pipes. I've left a message with Feinstein's press office to see what the status of her amendment is. It doesn't appear to be in there, but I'll let you know if she plans on trying to stick it in at some point.

"Of course we see huge privacy invasions from this sort of thing," said Cathy Sloan of CCIA.

Now, some caveats. There was a hyperventilating story in the UK Register claiming that this would kill net neutrality. As stated earlier, there are open access provisions in the stimulus, and it doesn't appear that this amendment even made it into the final version. This looks to me to be more of a privacy and anti-competition issue.

In another part of that story, Henry Waxman was implicated. His office has assured multiple constituents, including yours truly, that he has had nothing to do with any filtering amendment.

That's not to say that we shouldn't be concerned. DiFi is allegedly trying to pay back a corporate constituent with a highly invasive amendment that would certainly violate the spirit if not the letter of privacy laws. And of course this kind of monitoring is a slippery slope, as are most IP issues. At the root I agree with John Cole:

As baseball season is getting close, I would like to propose a trade. We give the Republicans Dianne Feinstein and a PTBNL and they give us Olympia Snowe. This is a solid trade for us. With Judd Gregg at commerce, we would almost complete the New England rout, and Feinstein, as a newly minted Republican, will go down to certain defeat in California. Additionally, there is nothing in this agreement that says the PTBNL can’t be Nelson or Lieberman.

Still President Bush

There are 19 days until a general election replacing George Bush (I'll wait for the cheers to die down). We all know he can still cause a lot of pain, and not just to 401(k) accounts. But there are things occurring in the shadows that aren't getting enough attention.

• He's still making signing statements exempting himself from current law.

President Bush asserted on Tuesday that he had the executive power to bypass several parts of two bills: a military authorization act and a measure giving inspectors general greater independence from White House control.

Mr. Bush signed the two measures into law. But he then issued a so-called signing statement in which he instructed the executive branch to view parts of each as unconstitutional constraints on presidential power.

• The laws he doesn't amend are really crappy.

President Bush on Monday signed into law legislation creating a copyright czar, a cabinet-level position on par with the nation's drug czar.

Two weeks ago, the House sent the president the "Enforcement of Intellectual Property Rights Act" (.pdf), a measure the Senate approved days before creating a cabinet-level copyright czar charged with implementing a nationwide plan to combat piracy and "report directly to the president and Congress regarding domestic international intellectual property enforcement programs."

• He continues to break the law and ignore Congressional oversight.

Oversight Chairman Henry Waxman (D-CA) and Rep. Tom Davis (R-VA) came together today to criticize the White House for their use of executive privilege in the Valerie Plame leak scandal.

The two lawmakers called Bush's refusal to disclose the report of the FBI interview with Vice President Cheney "legally unprecedented" and "inappropriate." The committee seeks the document in order to establish the White House's role in the leak of Plame's name to the media.

• Like I said, he continues to break the law.

A draft Committee report circulated by Chairman Waxman finds that in the months before the 2006 elections, the White House Office of Political Affairs “enlisted agency heads across government in a coordinated effort to elect Republican candidates to Congress,” directing them “to make hundreds of trips – most at taxpayer expense – for the purpose of increasing the electability of Republicans.”

• And he's making rules that could have deleterious effects far into the future.

WASHINGTON -- Bush administration officials, in their last weeks in office, are pushing to rewrite a wide array of federal rules with changes or additions that could block product-safety lawsuits by consumers and states.

The administration has written language aimed at pre-empting product-liability litigation into 50 rules governing everything from motorcycle brakes to pain medicine. The latest changes cap a multiyear effort that could be one of the administration's lasting legacies, depending in part on how the underlying principle of pre-emption fares in a case the Supreme Court will hear next month [...]

These new rules can't quickly be undone by order of the next president. Federal rules usually must go through lengthy review processes before they are changed. Rulemaking at the Food and Drug Administration, where most of the new pre-emption rules have appeared, can take a year or more.

We haven't even come to the inevitable pardons. Or the illegal programs he has started and continues to run. Or the failed policies.

What a terrible President. No wonder nobody wants anything to do with him.