Category: regulation

Note to Self: Don’t Do Business in the United States

The New York Times reports on the case of a British Travel Agent living in Spain, who had his domain names seized by his US domain registrar at the request of the Treasury Department.

They felt that he, “helped Americans evade restrictions on travel to Cuba”, so they seized the sites, including one about Earnest Hemingway, and two in Italian and French.

A whois shows that the Pirate Bay uses Key-Systems GmbH?

Perhaps they are in a country of laws, and not men.

Consequences of the Supreme Court’s Redefintion of “Obvious”

The people just won one, where the Federal District Court just struck down Bayer’s patent on Yasmin, a contraceptive.

The patent, which expires in 2020, is on a formula for the compound drospirenone in which the particle size was reduced so it could be absorbed by the body more quickly before it is exposed to stomach acid. U.S. District Judge Peter Sheridan agreed with Barr that the decision to reduce the particle size would have been obvious to any researcher.

Hell, it’s obvious to any cook too.

Why else would they sell powdered sugar. Smaller particles dissolve more quickly.

GOP to Congressinal Investigators: Piss Off

Well, after white house staff admitted using RNC emails to avoid the record keeping laws, the House Oversight and Government Reform Committee requested backups of the emails.

Henry Waxman, the committee chairman, has now revealed that the GOP has told Congress to go pound sand, saying that they, “has no intention of trying to restore the missing White House e-mails.”

These folks are absolutely lawless.

Rep. Markey Proposes Universal Access Bill for Wireless

Rep. Markey has consistently been at the forefront of such things, and how he has proposed the Wireless Consumer Protection and Community Broadband Empowerment Act, which calls for the following:

  • Adequate and plain English disclosures about contracts.
  • Provision of more detailed coverage maps.
  • Require the sale of plans without early termination fees.
  • Require phone carriers to sell “subsidy free” phones.
  • Give municipalities the explicit right to offer broadband services, preempting state laws forbidding this.

Seems like a good bill to me.

Mortgage Cram Down Bill Up In Senate

The Republican’ts are threatening a filibuster, and Bush and His Evil Minions are threatening a filibuster, but the Senate bankruptcy reform bill is a decent piece of legislation.

Basically, it gives bankruptcy courts the right to modify the terms of a loan on a primary residence, much in the same way that they can for rental properties and vacation homes.

It should keep people in their homes, it will allow things like outrageous fees and deceptive loans to be modified, and it places the burden to a large degree on the purveyors of the toxic mortgages.

Needless to say, the mortgage industry hates it.

McCains Denials are False, So Says….John McCain

Michael Isikoff has the goods: McCain’s claims of never talking to anyone from Paxson Communications is false:

A sworn deposition that Sen. John McCain gave in a lawsuit more than five years ago appears to contradict one part of a sweeping denial that his campaign issued this week to rebut a New York Times story about his ties to a Washington lobbyist.

On Wednesday night the Times published a story suggesting that McCain might have done legislative favors for the clients of the lobbyist, Vicki Iseman, who worked for the firm of Alcalde & Fay. One example it cited were two letters McCain wrote in late 1999 demanding that the Federal Communications Commission act on a long-stalled bid by one of Iseman’s clients, Florida-based Paxson Communications, to purchase a Pittsburgh television station.

Just hours after the Times’s story was posted, the McCain campaign issued a point-by-point response……

But that flat claim seems to be contradicted by an impeccable source: McCain himself. “I was contacted by Mr. Paxson on this issue,” McCain said in the Sept. 25, 2002, deposition obtained by NEWSWEEK. “He wanted their approval very bad for purposes of his business. I believe that Mr. Paxson had a legitimate complaint.”

McCain’s subsequent letters to the FCC—coming around the same time that Paxson’s firm was flying the senator to campaign events aboard its corporate jet and contributing $20,000 to his campaign—first surfaced as an issue during his unsuccessful 2000 presidential bid. William Kennard, the FCC chair at the time, described the sharply worded letters from McCain, then chairman of the Senate Commerce Committee, as “highly unusual.”

So, what we have here at best is what he did with Charles Keating, and now he is lying about it.

You have more details on his ties to lobbyists and wealthy pay-to-play campaign contributors here and here.

The Washington Post notes that McCain’s paid campaign staff is full of lobbyists, which kind of means that when AP Reporter Glen Johnson heckled Mitt Romney about not having lobbyist on staff, he was being unfair and unprofessional.

Lenders Oppose Mortgage Bankruptcy Reform

If I own a rental property, or a vacation home, and I declare chapter 11 bankruptcy, the courts can modify the terms, though not the principal, or the loan, but for my primary home, they cannot.

It does not make sense to me either, so I support the bills Emergency Home Ownership and Mortgage Equity Protection Act of 2007 and the Foreclosure Prevention Act of 2008, which allow courts to modify mortgage terms in bankruptcy.

They don’t go far enough, they only apply to the more exotic mortgages, and they should apply to all, particularly in terms of prepayment penalties and other fees.

The mortgage industry says it’s bad for consumers, because it will drive up interest rates.

The truth is that it makes the more exotic mortgages less attractive, but the old style fixed rate mortgages should be about the same.

Even if it did bump up rates, average mortgages payments would still stay the same, because people do not buy homes on price, but on monthly payments, and prices would adjust.

That’s what happens when one makes such a highly leveraged purchase.

Supreme Gives 401(k) Participants Standing for Lawsuits

It was a unanimous decision.

The facts of the case are that James LaRue lost $150K after his 401(k) managers ignored his orders to move his holdings to a different account. The lower courts said that only the plan had standing, but SCOTUS said that the participants do to.

Frankly, I’m surprised. I would have figured that one of the court Neanderthals would have taken the side of the incompetent money managers.