Tech Policy as a Case Study in “Liberaltarianism”

by on December 11, 2006 · 22 comments

The blogosphere was abuzz last week with discussion about Brink Lindsey’s essay about “liberaltarianism”–the idea of a fusionist alliance between libertarians and liberals, modeled after the conservative-libertarian alliance that brought you Barry Goldwater and Ronald Reagan. Julian has a good roundup here. And see Ezra Klein, Julian Sanchez, myself, Matt Yglesias, Ramesh Ponuru, Will Wilkinson, and Todd Zywicki.

It seems to me that this blog is in some ways a good example of the potential for left-libertarian solidarity. Much of what we talk about on this blog is at least as congenial to the left as it is to the right. We’ve got Adam attacking the FCC for bowing to the whims of the Parents’ Television Council and criticizing Congress for restricting online gambling. We’ve got Jim Harper attacking the national ID card and mocking elected officials for hysteria over terrorism. We’ve got me criticizing the NSA for its illegal surveillance programs (and blasting the GOP Congress for whitewashing it) and states for using insecure voting machines.

And then there are copyright and patent issues, about which there is a healthy spectrum of opinion here on TLF. But I think it’s worth noting that it’s become fairly common for folks on the left to quote libertarian thinkers in making the case for liberalizing copyright or patent law. Here I discuss a paper by Tim Wu which attempts to apply Hayekian insights to the way that copyright and patent policies shape decision-making by technology firms. Here I discuss Yochai Benkler’s admission that the thesis of his book The Wealth of Networks (the title of which is obviously an homage to the work of a great classical liberal economist) is as much libertarian as liberal. And here is Benkler’s famous paper on peer production that extensively (and favorably) cites libertarian economist Ronald Coase. Folks on the left have clearly found libertarian ideas to be useful in understanding patent and copyright issues. That suggests to me that at the very least, there’s substantial room for common ground on those issues.

Of course, not everything we write about here are things lefties would endorse, with telecom policy and antitrust being conspicuous examples. But I think it’s pretty hard to argue that this blog is more right-wing than left-wing. I bet Adam’s push to have more nudity on broadcast TV offends conservatives at least as much as his advocacy of more liberal media ownership regulations alienates liberals.

The big obstacle to a left-libertarian alliance, I think, is that as an operational matter, we’re a lot better networked with the right than we are with the left. This blog is a good example of that too. By my count, we have at least three bloggers (James Gattuso, Andrew Grossman, and Adam Thierer) who either currently or formerly worked for the conservative Heritage Foundation. As far as I know, no one who contributes to TLF has ever worked for a left-of-center think tank like Brookings or the Center for American Progress. You see the same patterns in political affiliations: at least one of us (Hance Haney) is a former Republican staffer, and I don’t know that any of us have previously worked for Democrats.

Unfortunately, I think there’s a bit of a chicken-and-egg problem here. The fact that there’s so much cross-polinization between the conservative and libertarian movements reinforces the perception that they’re on the same “team.” That, in turn, tends to increase the degree of cross-polinization. If I got a job at Brookings, I would spend a lot of time explaining to my former colleagues that I had not, in fact, gone over to the dark side. In contrast, if I announced I had gotten a job at Heritage–which advocates all manner of anti-libertarian policies on social issues and foreign policy–very few of my libertarian colleagues would bat an eye. And they’re not totally crazy–Heritage is actually a decent place for a libertarian to work, because other libertarians are already valued members of the Heritage team.

In contrast, there seem to be very few left-of-center organizations that welcome libertarians with open arms. I don’t know of any libertarians who’ve gotten jobs at the ACLU, NARAL, or other left-leaning groups that work on issues congenial to libertarians (drug policy is an important exception to this trend). In contrast, there are dozens of conservatarian organizations that welcome both libertarians and conservatives. Indeed, my current employer is one of them, and many of our sister organizations in the State Policy Network are similar. We focus on the sorts of economic issues where libertarians or conservatives agree, and carefully avoid discussing social issues that would divide our libertarian and conservative supporters.

If we libertarians are serious about making left-libertarian ideas a serious force in American politics, I think this is the place to start. We need to build stronger ties between liberal-leaning libertarian organizations and libertarian-leaning liberal ones. And we need to work to create and nurture new left-libertarian organizations that can enjoy the enthusiastic support of both libertarians and liberals, in the same way that my current place of employment is a collaboration between conservatives and libertarians.

I want to highlight EFF as a model of what a left-libertarian organization ought to look like. EFF has carefully avoided tackling issues, such as network neutrality and antitrust, that would divide its lefty supporters from its libertarian ones. As a result, they’ve become an organization that both lefties and libertarians can wholeheartedly support. I think we need to do a better job of welcoming groups like EFF into the libertarian network. And I think we need to start building more organizations like EFF that can serve as bridges between libertarianism and the left-hand side of the political spectrum.

It will take years–perhaps decades–to overcome the skepticism that’s likely to initially greet such a project (from both sides) and to build new organizations that are genuinely ecumenical. But if the alternative is for libertarians to be chained to an increasingly corrupt and illiberal conservative movement, I think it will prove well worth the effort.

  • http://weblog.ipcentral.info/ Noel Le

    I’m generally skeptical about “applying” a classical thinker’s work to current technology policy unless their arguments are immediately relevant. Coase is obviously pertinent to many discussions. But I’ve seen Bastiat, Hayek, Mises, Rand and even Thomas Jefferson analyzed in ways that neither do them justice nor inform current discourse. These generalizations on TLF often fail to address an important point, namely-couldn’t any of these figures’ arguments also be interpreted to support IPRs? And why do IPR critics fail to cite today’s law and economics scholars who actually support their views? I often recommend books and articles on TLF that challenge my views simply because I believe current IP scholarship is more relevant to tech policy than revisionist history.

  • http://weblog.ipcentral.info/ Noel Le

    I’m generally skeptical about “applying” a classical thinker’s work to current technology policy unless their arguments are immediately relevant. Coase is obviously pertinent to many discussions. But I’ve seen Bastiat, Hayek, Mises, Rand and even Thomas Jefferson analyzed in ways that neither do them justice nor inform current discourse. These generalizations on TLF often fail to address an important point, namely-couldn’t any of these figures’ arguments also be interpreted to support IPRs? And why do IPR critics fail to cite today’s law and economics scholars who actually support their views? I often recommend books and articles on TLF that challenge my views simply because I believe current IP scholarship is more relevant to tech policy than revisionist history.

  • Adam Thierer

    Tim.. You need to speak for yourself on this one because I don’t think most of the rest of us are ready for a big group hug with the Lefties just because of recent political events. When you make a statement like: “But if the alternative is for libertarians to be chained to an increasingly corrupt and illiberal conservative movement..” … I honestly don’t understand why you think we have to make that choice at all.

    First, are you really saying that the Left is really any less corrupt? There have been just as many Democratic scandals and ethics violations over the years. And do you honestly believe that same people who gave us the New Deal, the Great Society and Hillary care will EVER embrace free markets? Come on.

    The problem is the entire entrenched political class, regardless of which party they affiliate with. With all due respect to Brink, who I consider one of the most brilliant thinkers I’ve ever had the privilege of working with, I get a bit sick and tired of hearing my fellow libertarians embrace the party du jour ever time there’s been a major electoral shift. Go back to 1994 and check out what some libertarians were saying back then about how we finally might be able to work with Republicans to achieve meaningful, pro-liberty reforms.

    It was all a bunch of BS then, and it’s all a bunch of BS now. Neither of these parties give a damn about liberty in any consistent, meaningful way. It’s all about attaining power and keeping it. Hell, I’ll probably spend more time this session of congress fighting off pro-censorship garbage from the likes of Hillary Clinton, Joe Lieberman and company than I have over the past 10 years combined. I can’t tell the difference between the Dems and GOP on half the social policy issues out there today. They’re all singing out of the same hymnal as they worship at the Church of Big Government together.

    So to hell with all this stupid “liberal-tarian” crap. I’m a libertarian, period. And I hope this blog continues to remain rabidly independent and free of such silly, fleeting labels.

  • Adam Thierer

    Tim.. You need to speak for yourself on this one because I don’t think most of the rest of us are ready for a big group hug with the Lefties just because of recent political events. When you make a statement like: “But if the alternative is for libertarians to be chained to an increasingly corrupt and illiberal conservative movement..” … I honestly don’t understand why you think we have to make that choice at all.

    First, are you really saying that the Left is really any less corrupt? There have been just as many Democratic scandals and ethics violations over the years. And do you honestly believe that same people who gave us the New Deal, the Great Society and Hillary care will EVER embrace free markets? Come on.

    The problem is the entire entrenched political class, regardless of which party they affiliate with. With all due respect to Brink, who I consider one of the most brilliant thinkers I’ve ever had the privilege of working with, I get a bit sick and tired of hearing my fellow libertarians embrace the party du jour ever time there’s been a major electoral shift. Go back to 1994 and check out what some libertarians were saying back then about how we finally might be able to work with Republicans to achieve meaningful, pro-liberty reforms.

    It was all a bunch of BS then, and it’s all a bunch of BS now. Neither of these parties give a damn about liberty in any consistent, meaningful way. It’s all about attaining power and keeping it. Hell, I’ll probably spend more time this session of congress fighting off pro-censorship garbage from the likes of Hillary Clinton, Joe Lieberman and company than I have over the past 10 years combined. I can’t tell the difference between the Dems and GOP on half the social policy issues out there today. They’re all singing out of the same hymnal as they worship at the Church of Big Government together.

    So to hell with all this stupid “liberal-tarian” crap. I’m a libertarian, period. And I hope this blog continues to remain rabidly independent and free of such silly, fleeting labels.

  • http://sethf.com/ Seth Finkelstein

    Sorry, Tim, your heart is in the right place (err, accurate place?), but:

    WE TRIED YOUR IDEA AND IT DIDN’T WORK

    The idea of a Libertarian-Liberal alliance is a pundit bloviating. That person has obviously never, ever, done anything on ground level.

    I want to second Adam Thierer’s comment from those of us who have tried to make alliance with Libertarians but aren’t Libertarians. Which is, frankly, that Libertarianism Makes You Stupid. Any alliance tends to degenerate into Libertarian proselytizing where the cult of business-worship tries to take over the group, with endless dogma recitations. They drive everyone else away, and then they’re happy, because they’ve “won”. I’ve been there, and it’s extremely destructive.

  • http://sethf.com/ Seth Finkelstein

    Sorry, Tim, your heart is in the right place (err, accurate place?), but:

    WE TRIED YOUR IDEA AND IT DIDN’T WORK

    The idea of a Libertarian-Liberal alliance is a pundit bloviating. That person has obviously never, ever, done anything on ground level.

    I want to second Adam Thierer’s comment from those of us who have tried to make alliance with Libertarians but aren’t Libertarians. Which is, frankly, that Libertarianism Makes You Stupid. Any alliance tends to degenerate into Libertarian proselytizing where the cult of business-worship tries to take over the group, with endless dogma recitations. They drive everyone else away, and then they’re happy, because they’ve “won”. I’ve been there, and it’s extremely destructive.

  • http://exhumegoldwater.wordpress.com/ Exhume Goldwater

    IT CAN WORK… and it will in 2008 if we can all get behind the single greatest idea of our generation: Exume Goldwater ’08.

  • http://exhumegoldwater.wordpress.com/ Exhume Goldwater

    IT CAN WORK… and it will in 2008 if we can all get behind the single greatest idea of our generation: Exume Goldwater ’08.

  • http://www.techliberation.com Tim Lee

    Adam,

    I guess I wasn’t very clear. I wasn’t claiming that we should all fold up shop and become partisan Democrats. Obviously, the libertarian movement can and should remain an independent voice that criticizes both Republicans and Democrats, as appropriate.

    My point was simply that we should do a better job of remaining independent of “the entire entrenched political class”–including its conservative wing. I think that some of the connections libertarians have to the conservative movement have undermined our independence and made it difficult for us to work constructively with libertarian-leaning folks on the left. I don’t want to make the opposite mistake and become too incestuous with the left, but I would like us to do a little bit better job of building robust alliances on both sides of the political spectrum. There are smart people on the left who share a lot of our goals, and I’d like them to think of us as allies as much as libertarian-leaning conservatives do.

    Finally, I entirely agree that the term “liberal-tarian” is atrocious. I would like it if we could reclaim the term “liberal” from the left, but until that occurs, I intend to continue calling myself a libertarian.

    Seth: I’m sorry you feel that way. Fortunately, I have found engaging with the left to be more productive than you describe. I’m also flattered that you continue to read the blog despite our business-worshipping tendencies.

  • http://www.techliberation.com Tim Lee

    Adam,

    I guess I wasn’t very clear. I wasn’t claiming that we should all fold up shop and become partisan Democrats. Obviously, the libertarian movement can and should remain an independent voice that criticizes both Republicans and Democrats, as appropriate.

    My point was simply that we should do a better job of remaining independent of “the entire entrenched political class”–including its conservative wing. I think that some of the connections libertarians have to the conservative movement have undermined our independence and made it difficult for us to work constructively with libertarian-leaning folks on the left. I don’t want to make the opposite mistake and become too incestuous with the left, but I would like us to do a little bit better job of building robust alliances on both sides of the political spectrum. There are smart people on the left who share a lot of our goals, and I’d like them to think of us as allies as much as libertarian-leaning conservatives do.

    Finally, I entirely agree that the term “liberal-tarian” is atrocious. I would like it if we could reclaim the term “liberal” from the left, but until that occurs, I intend to continue calling myself a libertarian.

    Seth: I’m sorry you feel that way. Fortunately, I have found engaging with the left to be more productive than you describe. I’m also flattered that you continue to read the blog despite our business-worshipping tendencies.

  • http://sethf.com/ Seth Finkelstein

    As a practical matter, while Libertarians are neither conservatives nor liberals, they are also not equally far from either – they are much closer to conservatives in power than liberals in power. Sort of like Jews are not Christians or Muslims – but they are closer to Christians than to Muslims (so a Jewish/Christian alliance against Muslims is a lot more likely than a Jewish/Muslim alliance against Christians).

    From another direction, the saying is “Republicans who like to smoke pot” – not “Pot-smokers who like to vote Republican”.

    Anyway, Libertarians are very loud in the tech-policy corner of the world. But in terms of general politics – we’re talking rounding error significance (except for Ralph Nader-like spoiler situations)

  • http://sethf.com/ Seth Finkelstein

    As a practical matter, while Libertarians are neither conservatives nor liberals, they are also not equally far from either – they are much closer to conservatives in power than liberals in power. Sort of like Jews are not Christians or Muslims – but they are closer to Christians than to Muslims (so a Jewish/Christian alliance against Muslims is a lot more likely than a Jewish/Muslim alliance against Christians).

    From another direction, the saying is “Republicans who like to smoke pot” – not “Pot-smokers who like to vote Republican”.

    Anyway, Libertarians are very loud in the tech-policy corner of the world. But in terms of general politics – we’re talking rounding error significance (except for Ralph Nader-like spoiler situations)

  • http://www.techliberation.com Tim Lee

    Seth, isn’t that what I said? It’s true–today’s libertarian movement is closer to the right than the left. I would like to change that. So I don’t see what your point is.

  • http://www.techliberation.com Tim Lee

    Seth, isn’t that what I said? It’s true–today’s libertarian movement is closer to the right than the left. I would like to change that. So I don’t see what your point is.

  • http://sethf.com/ Seth Finkelstein

    Tim, I think you’re mixing up cause and effect. Nobody can change it, because it’s a fundamental issue with the structure of Libertarianism.

  • http://sethf.com/ Seth Finkelstein

    Tim, I think you’re mixing up cause and effect. Nobody can change it, because it’s a fundamental issue with the structure of Libertarianism.

  • http://blog.pff.org Patrick Ross

    “I don’t know of any libertarians who’ve gotten jobs at the ACLU…”

    I remember far-right Congressman Bob Barr, a major privacy advocate, joining the ACLU after leaving office. I also just heard on C-SPAN radio the other day an ACLU event hosting Antonin Scalia, praising him for among other votes his siding with ACLU in the Texas sodomy case. I think you’re trying to paint a world to make your point that isn’t as neatly divided as you actually paint it. In Washington, anyone will work with anyone if it is in his or her best interest.

    Oh, and somehow I wasn’t aware of “Adam’s push to have more nudity on broadcast TV…” I really must read Adam’s voluminous writings more carefully; I thought he was making First Amendment arguments, not promoting any particular programming content.

  • http://blog.pff.org Patrick Ross

    “I don’t know of any libertarians who’ve gotten jobs at the ACLU…”

    I remember far-right Congressman Bob Barr, a major privacy advocate, joining the ACLU after leaving office. I also just heard on C-SPAN radio the other day an ACLU event hosting Antonin Scalia, praising him for among other votes his siding with ACLU in the Texas sodomy case. I think you’re trying to paint a world to make your point that isn’t as neatly divided as you actually paint it. In Washington, anyone will work with anyone if it is in his or her best interest.

    Oh, and somehow I wasn’t aware of “Adam’s push to have more nudity on broadcast TV…” I really must read Adam’s voluminous writings more carefully; I thought he was making First Amendment arguments, not promoting any particular programming content.

  • http://www.techliberation.com Tim Lee

    Patrick, that’s a good point about the ACLU and Bob Barr. Still, I think my general point holds: Among my libertarian friends, I know far more people who’ve gotten jobs at right-of-center groups like AEI and Heritage than left-of-center groups like the ACLU or Brookings. Is your experience different?

    And I was being a little bit facetious about Adam and nudity on TV. Obviously, Adam is pro-free speech, not pro-nudity. I apologize to Adam if that was unclear from what I wrote.

  • http://www.techliberation.com Tim Lee

    Patrick, that’s a good point about the ACLU and Bob Barr. Still, I think my general point holds: Among my libertarian friends, I know far more people who’ve gotten jobs at right-of-center groups like AEI and Heritage than left-of-center groups like the ACLU or Brookings. Is your experience different?

    And I was being a little bit facetious about Adam and nudity on TV. Obviously, Adam is pro-free speech, not pro-nudity. I apologize to Adam if that was unclear from what I wrote.

  • http://blog.pff.org Patrick Ross

    I guess I’ve seen more libertarians work right than left. I’d note that for either of us we’re probably talking a sample size that wouldn’t pass social-science muster. I’d also point out that there have been far more jobs on the right in Washington — more think tanks and related jobs, more GOP than Dems on the Hill — so you go where the jobs are.

    You also likely go where the power is. It would be interesting, if we have a Clinton-Obama administration starting in ’09 and the Dems keep holding the House and Senate, to see if some young libertarian writes ten years from now bemoaning the fact that libertarians are so entwined with the left.

  • http://blog.pff.org Patrick Ross

    I guess I’ve seen more libertarians work right than left. I’d note that for either of us we’re probably talking a sample size that wouldn’t pass social-science muster. I’d also point out that there have been far more jobs on the right in Washington — more think tanks and related jobs, more GOP than Dems on the Hill — so you go where the jobs are.

    You also likely go where the power is. It would be interesting, if we have a Clinton-Obama administration starting in ’09 and the Dems keep holding the House and Senate, to see if some young libertarian writes ten years from now bemoaning the fact that libertarians are so entwined with the left.

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