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[IP] Does Open-Source Software Make The FCC Irrelevant?




Begin forwarded message:

From: Dewayne Hendricks <dewayne@xxxxxxxxxxxxx>
Date: October 18, 2005 5:36:02 PM EDT
To: Dewayne-Net Technology List <dewayne-net@xxxxxxxxxxxxx>
Subject: [Dewayne-Net] Does Open-Source Software Make The FCC Irrelevant?
Reply-To: dewayne@xxxxxxxxxxxxx


Does Open-Source Software Make The FCC Irrelevant?
Daniel Fisher, 10.18.05, 10:00 AM ET
<http://www.forbes.com/businesstech/2005/10/18/open-source-software- FCC_cz_df_1018opensource.html?partner=rss>
Columbia Law School Professor Eben Moglen wants to destroy the  
Federal Communications Commission. Not as some kind of terrorist act,  
but because technology is rapidly making it irrelevant.
The agency might have made sense in the 1920s, Moglen says, when it  
was formed to assign specific frequencies to broadcasters so they  
wouldn’t try to drown each other out by cranking up the transmitter  
power. But a new generation of intelligent radios, combined with  
equally clever computer networks, is making it possible for anybody  
to use the airwaves without interfering with anybody else.
That raises the question of why Rupert Murdoch, say, needs exclusive  
access to a slice of the radio spectrum for his Fox television  
network when he could just as easily put his content out over the  
Internet for customers to pick up using low-powered wi-fi receivers  
hooked into the Web.
“My goal is to do all of the work it takes to be explaining to the  
Supreme Court in 2025 why broadcasting is unconstitutional,” says  
Moglen, who speaks in perfect, rolling sentences. “We have a long  
march to do, we have a lot of education to do, society has to catch  
up with our vision of the future, but we are going someplace and the  
only question is timing and skill in driving.”
Moglen’s comments would be easy to dismiss, except for the woe he’s  
already caused the software industry. For nearly a decade, Moglen has  
been the chief legal officer at the Free Software Foundation, in  
charge of defending the General Public License, a subversive bit of  
lawyering that turns property law on its head by prohibiting the  
users of open-source software from charging money for it.
A polymath who wrote code for IBM (nyse: IBM - news - people ) in the  
1970s while he was earning a law degree and a Ph.D in history at  
Yale, Moglen enjoys using the tools of capitalism against itself.  
He’s wrung significant concessions out of software companies without  
filing a suit, including forcing Cisco Systems (nasdaq: CSCO - news -  
people ) to “open up” the code in Linksys routers soon after it  
bought the company for $500 million in 2003.
“I was always able to begin that phone call with the magic words “I  
don’t want money,’” Moglen says, chuckling. “I only want you to play  
by the rules.”
Because open-source software is so easy to modify and use, businesses  
have embraced it, and millions of people have installed the Linux  
operating system on their computers. Now entire nations, including  
Brazil and Venezuela, have committed themselves to using open-source  
code. The majority of commercial Web servers run on open-source  
Apache (nyse: APA - news - people ) software.
The spread of open source is a threat to established broadcasters,  
not to mention cellular telephone companies and other holders of FCC  
licenses. By using open-source software and low-powered “mesh  
networks” that can sniff out open frequencies and transmit over them,  
Moglen says, “we can produce bandwidth in a very collaborative way,”  
including transmitting video and telephone conversations that would  
normally ride on commercial networks. The Linksys WRT54G wireless  
router is for hackers what a Model A Ford was for hotrodders in an  
earlier era--a highly adaptable platform for experimentation.
“We remove the proprietary software and install open source,’’ says  
Sascha Meinrath, co-founder of a group that is providing Urbana, Ill.  
with free wireless Internet access. By “flashing” communications  
chips with new instructions downloaded off the Internet, Meinrath  
says, hackers can add sophisticated features to wireless routers such  
as the ability to adjust frequency and signal power.
That allows more users to occupy the same crowded slice of radio  
spectrum. But the same code can just as easily allow users to  
transmit on frequencies the FCC has licensed to somebody else.
Should the FCC try to crack down, the hackers have a powerful weapon:  
The First Amendment. An offshoot of the Free Software Foundation  
called GNU Radio is developing a new generation of radios and TV  
receivers that use software for just about everything except the  
antenna and the power source. The FCC can prohibit manufacturers from  
selling radios that transmit on illegal frequencies, but it would  
have trouble shutting down a Web site distributing software that does  
the same thing.
“You cannot regulate code without going through the First Amendment- 
type balancing tests we have for any other type of speech,” says  
Cindy Cohn, a lawyer at the Electronic Freedom Foundation in San  
Francisco. “Code is speech.”
Broadcasters fear that an unregulated community of hackers could  
throw the airwaves into chaos.
“There's a reason there is the FCC--to protect the integrity of the  
broadcast band,” says Dan Wharton, spokesman for the National  
Association of Broadcasters in Washington, D.C. “We're very concerned  
about the potential for interference.”
Techies assume they can solve such problems with better software. But  
regulators have to anticipate that people will try to drown each  
other out with transmitter power, says Gerald Faulhaber, a former  
chief economist for the FCC who now teaches at the University of  
Pennsylvania's Wharton School of Business.
[snip]
Weblog at: <http://weblog.warpspeed.com>



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