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What keeps Internet service providers from being responsible for, and perhaps prosecuted for, the content trafficked over their networks is a provision of a law that Web advocates ironically opposed while it was being argued in 1998: the Digital Millennium Copyright Act. As long as ISPs do not take interest in the nature or technical breakdown of that content, then its creators and publishers can't hold them liable for intellectual property theft - this is the "safe harbor" provision.

That law isn't going away any time soon. Meanwhile, the recording and publishing industries - stymied by the ineffectiveness of prosecuting individual IP violators - know that the ISP is the one remaining place where they can attack the problem of IP theft. (Certainly they can't prosecute themselves and their own partners for ineffective security.)

Populism is a tool that only works in one's defense when one does not appear big or strong enough to wield it by himself. In its rise to fame, Google has been a champion of populist causes, most notably the association of freedom of ideas with freedom in licensing. Up until recently, the company has been adept in utilizing populism to its advantage, including distinguishing itself against Microsoft, and encouraging others to rally around its relative degree of openness with respect to Android, video codecs such as VP8, and HTML5.

But there's a reason the phrase "populist giant" does not appear much in politics, or in technology which has in many ways become the successor to politics in the public mind. Last month, the U.S. Senate had an opportunity to remove the populist veil from Google CEO Eric Schmidt, for whom it clearly no longer fits.

"Mr. Schmidt, industry stats show that Google runs between 65 and 70% of all Internet searches in the U.S. done on computers and about 95% on mobile devices, and has 75% of all search advertising revenue in the United States," recited Sen. Antitrust Subcommittee Chairman Herb Kohl (D - Wisc.) "Under the common antitrust standards, this kind of a market share is considered to constitute monopoly power. Does Google recognize that as a monopolist or a dominant power? Special rules apply that there is conduct that must be taken and conduct that must be refrained from."

At that moment, the magnitude of the weight of the Google chairman's devious plan, all the millions of little wrongs committed every second against everyday mothers and fathers just trying to earn a living, impacted him like a meteor streaking from the sky. Sen. Kohl's prophetic words, as though carved on the Halls of Justice itself, rang a new chord in Eric Schmidt's heart, which grew three sizes in that very instant. "My lord," the chairman found himself saying, "what have I done? What a monstrous machine have I set forth upon this Earth? Yes... yes, Senator, I do believe! Special rules do apply, and there is conduct that must be refrained from! And to the end of my life, by the sword Excalibur, I shall make this my mission!"

The message from Google Executive Chairman Eric Schmidt, appearing before the Senate Antitrust Subcommittee, will be familiar to anyone who's heard Schmidt speak before. But it began this time with a shot across the bow at a certain unnamed competitor, which he acknowleged pioneered technology and had been synonymous with the development process (as though that were past tense).

Schmidt told senators, "That company lost sight of what mattered," and as a result had to come under Justice Dept. oversight. Without naming Microsoft, Schmidt clearly placed Google as Microsoft's successor, not only in terms of Americans' collective mindset, but in terms of the government scrutiny it finds itself under today. Schmidt is evidently hoping that any comparison between Google and Microsoft will automatically render Google the superior organization.

Yesterday, the U.S. Senate passed the House's version of the latest patent reform bill, H.R. 1249, the America Invents Act, by a vote of 89 to 9. During a speech to Congress yesterday, Pres. Obama praised the Senate for that action, and vowed to sign the bill. When he does, America's patent system will shift to a standard used by much of the rest of the world: a "first-to-file" system intended to ease some of the burden on inventors to prove originality.

Also remaining in the final bill is a vastly expanded post-grant review system designed to move the process of challenging a patent's legitimacy from litigation to administration - from the courtroom to a larger, more funded U.S. Patent Office that will include a new agency called the Patent Trial and Appeal Board. But missing from the bill is the thing that launched it in the first place: an initiative to replace the system of determining damages and, in so doing, reduce the amount of huge jury awards.

Last April, the Library of Congress announced that it will archive all Tweets back to March 2006. But more than just a big electronic scoop, there are several active projects underway at LOC to bring the dusty collection dating back to Jefferson's personal book collection that are worth noting.