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Third Branch Takes on Second Bush...

Our offices are closing (just for the break) but I did not want to leave without reading the Second Circuit's opinion in Padilla v. Rumsfeld, holding that the President lacks the authority to order a U.S. Citizen, arrested on U.S. soil unarmed, held indefinitely as an enemy combatant in the Brig. This case was very troubling because the Solicitor General argued that just by using the magic words "enemy combatant" and making accusations, the President can abrogate an American citizen's right to due process and right to counsel. Read more about Third Branch Takes on Second Bush...

FCC Proceeding on Smart Radio

The FCC is beginning a proceeding on removing regulatory impediments to "smart" radio. What makes a radio "smart?" Well, software-defined radio would clearly qualify. But there are intermediate steps too, like making radio transmitters and receivers more interference-resistant. If done right, it could be a step towards the spectrum "Supercommons." If done wrong, it'll be just another way for the wealthy licensees of radio spectrum to further deploy a control model on the space. Read more about FCC Proceeding on Smart Radio

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