OVERNIGHT TECH: Barton to keep lead privacy role

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BARTON PLANS TO MAINTAIN LEAD ROLE ON PRIVACY: Though Rep. Joe Barton's Commerce Committee assignment remains unclear, one thing is certain: the Texas Republican wants to continue playing a lead role on privacy issues in the next Congress. Barton plans to keep his position as the co-chairman of the privacy caucus next year despite giving up his job as the top Republican on the committee overseeing privacy, a Barton aide told The Hill. He has been active on privacy issues this year, suggesting hearings on Google's 'Wi-Spy' breach and sending letters to Facebook to question its data practices.

Barton's status on the panel, however, is foggier: Observers say he could take a subcommittee leadership role or an honorary chairmanship position, depending on what incoming committee leader Rep. Fred Upton (R-Mich.) decides. Barton's choice to concede to and congratulate Upton, rather than contest the vote, could help his eventual assignment, industry sources said.

CLYBURN EYEING WIRELESS REGULATIONS: FCC Commissioner Mignon Clyburn, a deciding vote on the FCC's net-neutrality proposal, said she is focused on strengthening the wireless component of the proposal in a speech on Thursday. "While I recognize that there are distinctions between wired and wireless networks, I think it is essential that our wireless networks — those of the present and future — grow in an open way just as our wired ones have."

Also, Clyburn gets mail: Sen. John Kerry (D-Mass.) wrote to Democrats at the Federal Communications Commission on Thursday urging them to support a net-neutrality proposal even though it is not perfect. "Some advocates for what we consider to be 'the perfect' are now urging you to fight and vote against the good. I would argue that is short sighted," Kerry wrote. The letter also went to Democrat FCC Commissioner Michael Copps. http://bit.ly/dUYg6A

Kerry letter could be 'helpful:' Analysts at the firm Stifel Nicolaus said the letter from Kerry might help Genachowski with his effort to pass net-neutrality rules. They also said the letter might help phone and cable companies "whose representatives have warned the FCC not to deviate from the compromise legislative proposals developed by Rep. Henry Waxman (D-Calif.) but blocked by Republican opposition."

BAKER WANTS TITLE II DOCKET CLOSED: A Republican commissioner panned Genachowski's approach to net neutrality on Friday, saying he has not been transparent about the proposal. Commissioner Meredith Baker also said that if the FCC moves to make net-neutrality rules under Title I of the Communications Act, it should close its proceeding related to a stricter regime, Title II.

WikiLeaks has net-neutrality implications? A few parties think so. The Safe Internet Alliance used WikiGate as a segue to argue that net-neutrality rules should be flexible enough to allow phone and cable companies to confront cyber-attacks on their networks. The group noted hackers who disrupted MasterCard's payment system in order to voice their support for WikiLeaks. Analysts also see a net-neutrality angle on WikiLeaks related to the FCC's contention that private entities should not block speech — a basis for its net-neutrality rules. It might be tempting to apply that free-expression logic to Internet players such as Amazon.com who have kicked WikiLeaks off their servers. Stifel Nicolaus analysts stressed, however, that the FCC's neutrality rules would only apply to Internet service providers. 

FRIDAY SCHED: 

—A conference by the Telecommunications Policy & Regulation Institute goes into its second day.