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Denise Howell is a seasoned appellate and intellectual property litigator based in Los Angeles. Denise writes one of the first and most popular law-related blogs, Bag and Baggage, coined the term "blawg" and helped pioneer podcasting for lawyers. Microcontent obsessed since 2001, she is frequently quoted in the media on legal issues involving intellectual property and technology law. "Sound Policy" is Denise's show at IT Conversations, and it's also what she hopes results from the briefs she submits to court. Email Denise at dhowell@gmail.com.

Dennis Kennedy is a computer lawyer and legal technology expert based in St. Louis, Missouri. An award-winning author, a frequent speaker and a widely-read blogger, he has more than 300 publications on legal, technology and Internet topics, many of which are collected in his e-books. Dennis has been described as someone who knows almost every rock song in existence and, more importantly, how they apply to technology and law. Email Dennis at his gmail address.

Tom Mighell is Senior Counsel and Litigation Technology Support Coordinator at Cowles & Thompson in Dallas. He has published the Internet Legal Research Weekly newsletter since 2000 and blogged about the Internet and legal technology at Inter Alia since August of 2002. With Tom's singing, Ernie on guitar and Dennis' encylopedic knowledge of rock music, we may have the beginnings of a good band, if this whole blog thing doesn't work out. Email Tom at tmighell@swbell.net.

Marty Schwimmer left a partnership in the largest trademark practice in the world and founded Schwimmer Mitchell, a full-service IP micro-boutique in Westchester County, New York, where he represents owners of famous and not yet famous trademarks. He founded The Trademark Blog, the first IP law blog and the one with the most pictures. He is the first to come in and the last to leave in his firm. Email Marty at marty@schwimmerlegal.com.

Ernest Svenson practices law with a mid-sized law firm in New Orleans, specializing in business-related lawsuits. Most of his practice takes place in federal court, especially the Eastern District. He is best known for his weblog Ernie the Attorney, which he started as an experiment. Like many experiments it got out of control. Nevertheless, he continues to practice law and, occasionally, to seek enlightenment. Email Ernest at esvenson@gmail.com.
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April 25, 2005

Chilling Effect on Frost Forecasts?

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Posted by Marty Schwimmer

Sen. Santorum of Pennsylvania has introduced bill S.786 titled “A bill to clarify the duties and responsibilities of the National Oceanic and Atmospheric Administration and the National Weather Service, and for other purposes.”

The Senator indicates that clarification was needed because NWS has backed away from a 'pledge' not to provide services that could have been provided by the commercial weather industry (but NWS will instead merely give such a policy due consdieration).

Critics suggest that the purpose of this bill is to keep NWS from distributing weather information in competition with private concerns such as Accu-Weather (of course it's located in Santorum's state, why even ask).

The bill has an exemption for the NWS warning the public of hazardous weather. A senator from the hazardous weather state, Florida, has come out against the bill, indicating that while the wind howls, the NWS would be busy consulting lawyers whether some condition is hazardous or not.

At first glance, any proposal that artificially curtails the flow of vital information seems like such a bad idea that only a lunatic would suggest such a plan without first receiving money from the few people who would benefit from it.

But the blawgosphere is a conversation. Is this a good law?

Comments (4) + TrackBacks (0) | Category: Provocations


COMMENTS

1. Tim Hadley on April 25, 2005 2:54 PM writes...

I loathe the potential implications of this bill. The National Weather Service collects weather data and prepares analyses and forecasts for all kinds of purposes. Accu-Weather is apparently upset because the NWS, as a public service, makes the fruits of its tax-funded labors available to the general public quickly and efficiently.

The NWS has apparently gotten too good at information dissemination for Accu-Weather's taste. Once upon a time, the main public outlet for NWS products was the 162 MHz weather radio. The weather radio service is still running, but almost all NWS products are available on the internet as soon as they're produced. Doppler weather radar, usually current to within 5-10 minutes. All kinds of local forecasts.

Santorum wants me to have to pay Accu-Weather for this information. Santorum wants the only way for me to get an aviation weather report to be through commercial services. I'd rather pay the extra shred of tax money necessary to support NWS's public webservers and shorten the distribution chain.

Maybe I take it especially poorly because I'm a weather hobbyist, and I like the fact that NWS products are free. But what I see in his bill is that it funnels NWS products through commercial distributors. It doesn't necessarily privatize NWS products; it just forces them through private commercial distribution channels.

Those channels already exist. When people pay for them, it's because they add value beyond what exists in the NWS products. Pilots pay for private weather services because they can provide live radar pictures with practically no delay, and they quickly assemble briefings with all of the weather reports, air traffic flow reports, national security flight restrictions, equipment outage reports, and everything else for a given flight route. (Because of its safety mission, the FAA helps pay for "DUAT" weather services for pilots — will Santorum want to put a stop to that next? Probably not, because it's a sweet deal for the information distributors.)

What Accu-Weather is whining about is that it doesn't add enough value to its content to attract business. They have a problem with their business model, and rather than trying to find a better one, they're rent-seeking.

Permalink to Comment

2. William Wilson on April 26, 2005 10:16 AM writes...

The prospect of weather data becoming private property is frightening. Local television stations, for example, rely upon data from the NWS in developing their forecasts and--more importantly--issuing severe weather alerts and warnings.

If the NWS is harming Accu-Weather or The Weather Channel, then it would seem those two private entities would need to improve their products rather than seek protective legislation. Isn't that what a free market economy is supposed to be about?

Permalink to Comment

3. Ben Edelman on April 26, 2005 1:27 PM writes...

I use NWS's weather data not just because their site is nicer-looking, easier to use, and more thorough; but also because I find its data to be more current, timely, and up-to-date.

If Accu-Weather and TWC can't even do a good a job of copying NWS research, I certainly don't want to see a law precluding NWS from giving me the latest data directly.

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