Two definitions for plangent: (1) loud and resounding, as in "plangent bells," and (2) sad or plaintive. Both these definitions fit the tech policy world today -- the alarm bells are ringing both loudly and...sadly.
Just today, the governor of Utah signed into law an unconstitutional bill that will lead to massive overblocking of innocent web sites. (Read the CDT analysis.)
Sen. Burns and Sen. Wyden today introduced yet another spyware bill that will likely have substantial unintended consequences. It covers all devices "used in interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States." (We're in charge!) It probably covers all software that is secretly installed (with exceptions -- I haven't seen the final text). There's no telling how the bill will be construed -- it's very broad.
I'm sure spyware legislation will pass, and I'm concerned about the precedent it will set for the design of code by legislatures.
Next Tuesday, the Grokster and BrandX arguments will be heard in front of the Supreme Court. These two cases are linked in a deep way that may not be widely reported. In Grokster, the content industry is trying to ensure that developers of new applications have to ask permission -- the content community wants to make sure that infringement has been frustrated.
In BrandX, the DOJ/FBI is trying to ensure that developers of new applications have to ask permission -- the law enforcement community wants to make sure that applications are easily tappable. (FCC has probably made a deal with the DOJ that it will apply CALEA obligations to information services if DOJ fights on FCC's behalf for judicial deference to FCC's determination about the regulatory classification of cable modem service.)
And we may want to worry about software defined/cognitive radios.
Therefore, send not to know for whom the bell tolls.
