Tag Archives: USPTO

The Intellectual Property of CHEMICAL WARFARE aka THE GOVERNMENT APPROVED PATENTING OF DEATH (c) Carrie Devorah :

10 Sep

 

ImageIt started with a Patent.

Nerve gas that is. It started with a Patent. And then it became a bartered item. A swap. Britain gave. America took. America gave Britain took. And years later, it became a debate. Nerve gas that is.

1400 dead? Maybe this past month but over the years…. more. But it started with a Patent, Intellectual Property that Man created and Government “LIKED.” Maybe that is the starting point going forward on how to adress Agents of War…. the Patent and the “new amazing idea” of publishing Patents online.. so where does culpability begin and finger pointing end… and the admission of who ‘screwed up’ and has a real chance for reform…. it started with a Patent.

I would have figured it to be a no brainer in the rhetoric of Chemical Warfare for someone to get to the nucleus of How Things Get Made, things like Chemicals used in Warfare- that part of the process called Intellectual Property and Legislative Debates and Patent Offices. But amazingly with all the intellect online, focus has been repeats and retweets of what another entity or blogger then often cited by Legislators. OMG. What ever happened to digging deeper into dirt on what came first, the patented Intellectual property or the 1400 dead in Syria today with the guarantee of more tomorrow, or the next day or another after that. Oh come on- its called Coincidental Thought or two people who may never meet having a great idea at the same time. In different zipcodes. Under different governments.

The dead in Syria didn’t just fall off the back of a Turnip truck. Their deaths began in a lab somewhere, sometime ago. Frankestinian type mad scientists concocting brews? No. That is the fodder of movies guaranteed to make you pee in your pants from fear. Sometimes, like #*@T, Nerve Gas’ happen, most likely because somewhere some Legislative Body debated things back and forth before stamping the ‘something’ with a Seal of Approval. No. Not saying that Legislators approved Nerve Gas’ but sometimes, it wasn’t Nerve Gas they approved. Other times, it wasn’t only Nerve Gas they were looking at. But like quarters that fall into the pillowed seats of a sofa, that is until Bitcoins came along, facts and details slip between the cracks. You know, Rome wasn’t built in a day nor is a profile of people or a chemical too. Put them both together, sometimes we have a recipe for a Modern Day Maniac or, as in the case of VX, a guy that invented a landscaping chemical that just happens to knock people out a half hour or so after it touches their skin, they rub their eyes, they convulse and dead. Oh, not just them dead but everyone they have come in to contact with between location of contact and moment of Death from an odorless chemical that was intended to kill weeds.

I know, I know, things happen. But while Radio and TV are whipping people into a Frenzy of War just like the NSA built back doors into all the PDAs we use and can NO LONGER take the backs off or batteries or chips out of (ahem iPhone), some of the Big Dog and Poodle countries had back door dealings too which sort of make the postulating a bit of a giggle, gallows giggle that is, considering the consequence.

The Father of Nerve gas was a German Scientist. British Intelligence reportedly brought his gas to Porton Down after World War II. Allied Forces found the Nerve Gas in WWII, in Germany. The discovery excited them.

Now, Chemicals and Congress are not unknown bedfellows. 96% of manufactured consumer goods are produced with chemicals most of which are toxic. And what Congress does is Legislate things it has no clue about but gets ‘briefed on.’ Sit through a hearing or two of people pushing agendas without complete disclosure, one might share the cynicism. But there are legislators with good intentions that try their best to do good. Senators David Vitter (R-LA) and the late Frank Lautenberg co-sponsored S 1009, the Chemical Safety Improvement Act, a legislation to adress toxic chemicals in household and manufactured products. Lautenberg and Vitter wanted to shore up the Toxic Substances Control Act. The TSCA had not been amended in its thirty seven years. The TSCA was passed in 1976, intended to regulate existing and new chemicals. Whatever wasn’t on the list in 1976? Wasn’t going to be on the list of “Chemicals.” There wasn’t a list for Toxic. Nor is there a list for Non Toxic. There was clearly no Congressional “dunno list” for Chemicals that might be developed some time down the road. The Legislative oversight attempts to legislate no new chemical being used in manufacturing Consumer Goods or on imported for Consumer Goods.

Getting the picture? Good. So you wont lose your lunch when I tell you there are over 85,000 chemicals on the Market. And the EPA? The Agency knows the toxicity of about 200 of those chemicals. The EPA has only taken action against five chemicals or chemical classes? You see, the EPA only knows what the chemical’s manufacturer tells them about toxicity- whistleblowers and all…..

In 2007, the Department of Homeland Security issued a rule called “Chemical Facility Security: Regulation and Issues For Congress”, a Summary, requiring chemical facilities with certain types and amounts of stuff the Secretary determined were hazardous to let the DHS know then undergo a screening process to determine the sites CVI, Chemical Terrorism Vulnerability Information category, which chemical facilities were high risk needing additional security. The sites were to provide the DHS with a site security plan and a vulnerability plan for the Secretary to approve or to disapprove. The Summary highlighted issues Congress had discussed. There was the Consolidated Appropriations Act of 2008. There were HR 1530, HR 1574 and HR 1633 that the House introduced for chemical site security. Then there was the 2007 Farm Bill S 2302 and HR 2419, the Appropriations Bills HR 2638 and S 1644, for starters.

Any wonder Legislative pocket change continues to fall out of pockets and in between sofa pillows? Hearings are held all the time. One can only legislate disclosed entities. The reality is that around the world there is someone, somewhere, in a lab, in a garage, in a home, on a farm not just in a multi dollar conglomerate looking to make product cheaper and better that will get government approval. Or not. It is the Or Not that is worrisome.

The disclosed entities let their chemicals go through test phases. Some of the chemicals make it on to the streets as product, some don’t. And some that do make the streets get clawed back for one thing or another. Usually for death(s) or causing disability. More often, at that put, claw back attempts are when it is too late to put the rabbit back in the box.

You see the process is the problem. Ideas are Intellectual Property. And Intellectual Property get protected, at least, with First to Claim Ownership. Over at the USPTO, papers are pushed forward from Application to Published Patent or IP, Intellectual Property. With the USPTO all online these days, anyone anywhere in the world can see what is being made or protection sought for AND how to do it better.

A patent is a patent is a patent whether the patent is for a new button, Google eyeglass or in the chemical or pharmaceuticals industry sensory irritation through its chemical action.” Classified? By how they affect people.

There are the Choking Agents… they make breathing difficult… ie Chlorine gas. There are Blister Agents… they irritate skin and eye ie Mustard gas. There are the fast acting and lethal agents like Arsenic or cyanide. There are the Nerve agents like Sarin or VX. They disrupt the nervous system.

Tear gas sound familiar? On the streets of America, tear gas is called a ‘riot control agent’ used for law enforcement. But if used in war, tear gas is termed a chemical weapon. There is White Phosphorus used both home and abroad. Incendiary as a weapon, it has its benefits, it seems.

What they all have, Chemical Agents, is the Taboo Attitude on the impact of Chemical weaponry to civilian populations, dating a hundred years back. As Man evolved, or devolved, as the opinion might be, Technology advanced, as did man’s ability to impact foreign cultures. Hiroshima, ring a bell? Someone aught to remind Secretary Kerry. Post WWI, by the time of WWII, a lot of countries ‘volunteered’ to rule out chemical warfare on the battlefield. A lot of paper pushing and protocol which all looks good like the Geneva Protocol of 1925 prohibiting poisonous gas as war weaponry. There was the Chemical Weapons Convention in 1993 that took the 1925 agreement further… except not everyone signed on to that agreement a decade ago- Syria, North Korea, EGYPT and Angola.- not promising to voluntarily outlaw production, stockpile, transfer and use of chemical weapons.

Gerhard, was a German Biochemist. Full name Gerhard Schrader. In 1936, Gerhard was working on a pesticide. Instead or in addition, Gerhard discovered Organo-Phosphates and their effect on human beings. Gerhard was his own guinea pig, accidentally. A splish splash of some chemicals into each other and he wasn’t feeling so good. A day later, Gerhard had trouble breathing. His eyesight was on the fritz, no pun intended. He was spasming and his arm, within a week was paralyzed. Gerhard hit it out of the ballpark of inhumanity, discovering the ancestor of Nerve Gases, that, depending on how much was used and absorbed through the skin, was fatal within 5 to 15 minutes. N Gas. That is what the Nazis called it, in 1936.

Yup.

Porton Down is a United Kingdom government military science park situated slightly northeast of Porton near Salisbury in Wiltshire, England. To the northwest lies the MoD Boscombe Down test range facility which is operated by QinetiQ. Porton Down, about 7000 acres in recent years, started out as a few cottages and farm buildings scattered on the downs at Porton and Idmiston. Porton Down opened as a test site for chemical weapons. It was called the Royal Engineers Experimental Station. Purpose? To study Chlorine, Phosgene and Mustard Gas in WWI. There were two huts. Two years later, there more over 1100 people at Porton Down, still focused on anti gas defense and breathing. Porton Down became a skeleton after the Armistice was signed.

Fourteen years after Schrader’s N Gas discovery, in 1952, British scientist Dr Ranajit Ghosh, working with JF Newman, at Britain’s Porton Down’s chemical warfare laboratory, patented diethyl S-2-diethylaminoethyl phosphono- thioate, November of that year. Gosh was working for ICI, Imperial Chemical Industries, a British firm, in their Plant Protection Land when Gosh focused on investigating Organophosate compounds, the same compounds Gerhard Schrader looked into in the ‘30s. ICI took one of Gosh’s compounds, Amiton, to market,only to withdraw Amition from market. It was too toxic, for home use, it seemed but perfect for warfare. Samples had been sent to the British Armed Forces Research facility, Porton Downs. The two Men had improved on Schrader’s N Agent. The scientists had developed V Agents, the newest Nerve Agents aka the Tammelin Esters named after Lars- Erik Tammelin of the SDRA, the Swedish Defense Research Agency. Patented. IP. Intellectual Property.The most famous one, code name Purple Possum?

As it turns out, a few years earlier, the Russians and other scientists, independent of each other or the companies they worked for, discovered more potent Nerve gases. That is how people are- even when something is bad, they play with ‘fire’ as the expression goes and come up with great ideas they may not be aware someone else had discovered. Scientists enamored with these deadly elements, continued their exploration going forward, discovering ways to make the chemicals less combustible and other challenges, normal people, outside of Government and Mad Scientists, would run from let alone trade in.

Come WWII, Porton Down focused on anthrax bio weaponry, botulinum toxins and nitgrogen mustard. The Allies learned about organophsorous nerve agents in Germany- Tabun, Sarin and Soman which springboarded research off the German Nerve Agents starting point. And VX was born. In Britain.
The government paid hospitals for skin removed from patients. The Scientists wanted Real McCoy test results not hypotheticals so what better to test a skin agent on but skin which, as it turned out, the patients had no clue they had donated. The practice of using patient skin began in 1995 and was stopped after the Alder Hey report was released. A Ministry of Defence spokeswoman, speaking on behalf of Dera, confirming the skin was used in chemical warfare tests said, “Most of the chemical tests done were for the benefit of civilians. They were with corrosive chemicals that are used in the home and work place, to see how the skin would be affected by a spillage.” The Patient’s Consent form said ‘use in medical research…” which by the way, the hospital was paid dearly for, over 17,000 pounds, without any statement, wink, patients who went in for a tummy tuck and breast ‘nips’ or other vanity surgeries got a discount from the hospital for their hide, without explaining that it was being used by the Defense Evaluation and Research Agency, DERA, which runs the facilities on Salisbury Plain, Wiltshire.

Gets better. The Brits traded VX to the Yanks in exchange for information on thermo-nuclear weapons. That was in 1958. Technically, work on such agents stopped in 1955 when lethality of the research was acknowledged. Technically. The US began producing VX in 1961. Newport Chemical Depot. The known countries to have VX are Russia, France and the US. KNOWN being the operative word. Wishing to un-create VX is like a mom threatening her bad child she wishes she could put them back up inside. Not going to happen. VX, which is rumored to be the chemical that Sadaam lost into Syria back in the early 2000’s?

So what now…… there’s the ticker. You cant see VX, smell it, taste it but one half hour after contact one witnesses horrific devolution into death. The United Nations classified IUPAC, O-ethyl S-[2-(diisopropylamino)ethyl] methylphosphonothioate, the technical name for VX, as a Weapon of Mass Destruction in UN Resolution 687 then outlawed in the Chemical Weapons Convention of 1993.

Arghhhh. Getting it yet? The old story, ten people can be working on the same thing at the same time and name it something different without the dots being connected until, it is, here in the case of Nerve Agents, too late. For all the protocol and hoopla about getting countries to stand down on Toxic time bombs… somewhere, around there world there is someone about to make the same discovery too, and somewhere, someone about to get a patent for their Intellectual Property of mass murder… again.

What does one do? Pray is probably the best first answer. Second answer? Maybe committees will learn to dig deeper into the bad of the New Greatest Bestest idea being pitched at legislators, like THE INTERNET (cough)….boy, wasn’t that a rapid descent into the Devil’s Lair. Try grabbing that one by the tail and rolling things back to the way things used to be. With all good there comes bad and within all bad there is good. And that somewhere someone in a patent office saw the idea for Nerve Agents then rubber stamped it LIKE for a production go ahead. And with the USPTO racing to put everything online, good guess is more of these dastardly things people wish they could uninvent will be discovered by the next home grown terrorist on immigrant with a bone to pick with his mom he takes out on innocent people going for a run in the 5K.

The Holland Committee was set up by the War Office in 1919. The Cabinet decided a year later to continue building the Porton Down program. By 1922, there were 380 servicemen, and a mix of fifty or so civil servants and scientists. Three years later, there were even more. Britain ratified the Geneva Protocol of 1925, in 1930, which allowed Chemical Warfare agents only in retaliation.

Around twenty to thirty years later, 1970, the renamed Porton Down, Chemical Defence Establishment, was paying attention to reports of chemical warfare by the Iraqis against their Kurdish population and Iran. Porton Down changed its name again in 2001- Defense Evaluation and Research Agency still so secretive Members of British Parliament are reported to have admitted they aren’t completely aware of what goes on there even after having visited the site. Although word is the site is working on medical strains of Cannabis and the related patents.

The US Army’s early method of disposal of its stockpiled Agents was the CHASE technique- Cut Holes and Sink ‘Em. Old ships packed with nerve agents were sunk to the bottom of the sea. The SS Cpl Eric G Gibson was sunk 7200 feet deep of Atlantic City, New Jersey. There are over 7,000 VX rockets on board the Gibson. 124 tons of VX were sunk off the shores of New York, New Jersey and Florida, between 1919 and 1970- one land mine, over 1400 pounds of bulk container and about 22000 M55 rockets. Some sites incinerated VX as late as going in to Christmas Eve 2008. The Blue Grass Pilot Plant destruction of their VX is the last of the VX bunch waiting to be destroyed. If it wasn’t one thing or another causing the delays, it was one thing or another. Russia and America were working together to reduce Russia’s over 5900 tons of Nerve Agents stored a former chemical weapons depot. 14% o the chemical weapons there are from Russia.

Secretary Kerry testified the day before September 11, America’s anniversary of sadness, America’s connection to standing away from Chemical warfare was 1925. Geez louise, Momma T. Take John on vacation to Porton Down on a Study Abroad on Nerve Agents. To boot, the same day, John Sano, former deputy director of the CIA’s National Clandestine Service, who oversaw the day-to-day management of the agency’s covert operations, discusses how the CIA gathers and uses intelligence, said on C-Span Washington’s Journal that he didn’t know who developed Nerve Gas. Sano has top Secret Clearance. When asked to concur, or not, Sano agrees that whomever developed or sold the Nerve Gas should be held accountable……. Which is the largest OMG, the Sano doesn’t know the history of the Alphabetical Agents or that the finger points…. omg

As for the book the officer in the photo is reading? Probably a good idea to collect and destroy. The book, that is. Erroneous information. The author incorrectly listed America as the country that discovered VX. So much for experts on topics but in these days of War Crimes and War Tribunals…. Get my drift.

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THE ANAGRAM OF STELA IS STEAL (E&C roundup June 2013):

23 Jul

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 Bend Broadband 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- and in the headlines not being made, constituents ability to make their living based on their entrepreneurial skills. And intellect. 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 isn’t 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. Content has been evolved from Google Glass being worn into a Strip Club by a non frequent visitor Patrick Hill. Hill posted hi Google Glass content to youtube where it was picked up by CNET writer Chris Matyszck who then posted the link to his page and so on and son on in the evolution of Content then dispersing it http://news.cnet.com/8301-17852_3-57594982-71/get-em-off-man-gets-into-a-strip-club-wearing-google-glass/

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…