Today, the Department of Homeland Security's Michael Chertoff announced that cybersecurity and telecommunications issues would be managed under a single new (yet to be named) Assistant Secretary. 

About a week ago, the Department of Homeland Security, Department of Justice, and FBI asked [pdf] the FCC to make sure that all in-flight broadband communications were easily and immediately tappable.

The agencies also asked the FCC to mandate many more obligations for in-flight broadband carriers, including the obligation to record all traffic information and retain it for 24 hours after a flight lands and to require authentication and registration (by providing lots of identifying data including seat position) for all users of broadband aboard an aircraft.

Finally, law enforcement also asked for "rules and/or policies concerning in-flight use of these [broadband] devices and related conduct to minimize any increase in air rage incidents which could potentially result from the unrestricted use of such devices on flights."

So now the FCC is in charge of air rage.  Some have suggested that the Commission should also be responsible for the interstate highway system, because use of cell phones while driving can lead to road rage. 

We need to organize.

The FCC has been extremely solicitous to law enforcement, and this new DHS telecom/cybersecurity link is only going to strengthen the bond.  And the FCC's power to make law-enforcement friendly rules for all internet services has just been given an enormous shot in the arm by the Supreme Court's opinion in BrandX. 

Just look at recent history.  Law enforcement's comments in the CALEA proceeding foreshadow a world in which all manufacturers of internet applications will need to ask permission from law enforcement before they launch (so that they can be easily tappable by law enforcement). The DOJ is interested in having all ISPs store information for its use, and it is more than conceivable that the FCC could use its newly-enhanced ancillary jurisdiction over ISPs to ensure that this happens.

And FCC is suggesting in the E911 proceeding that all VoIP-capable devices and applications (including personal computers) be able to automatically report their location at all times -- another expression of law enforcement desires for perfect information.

Look, everyone's been up in arms about intellectual property issues for so long that we're late to the true battles for the future of the internet.  The real fight is with two other incumbent industries:  traditional internet access providers (the great telco/cable duopoly) and law enforcement.  FCC seems happy to give these guys what they want, and there are no principled limits to the rules they're capable of cooking up. 

The only thing we can rely on is FCC's self-restraint.

Which is a resource in short supply.  Remember the broadcast flag?

So -- I'm going to continue to make noise about the need for internet activism.  World Net Day seems ever more relevant.  I just need a few foundations and enormous online companies to see that their longterm interests lie in supporting the health of the internet.  For everyone.