Yochai Benkler’s Apocalyptic Rhetoric

by on November 3, 2007 · 17 comments

Matt is clearly right that geek activists are lousy at political organizing, and Internet utopianism may lull some of us into a false sense of security. But I think that, if anything, Benkler’s writing demonstrates the opposite tendency: his pronouncements tend toward the apocalyptic. For example, he says:

I think there are certain well-defined threats to this model. If we end up with a proprietary communications platform, such as the one that the FCC’s spectrum and broadband policies are aiming to achieve; and on that platform we will have proprietary, closed platforms like the iPhone, then much of the promise of the networked environment will be lost.

Now, I’ve written before that I think Benkler overhypes the potential of a spectrum commons. I won’t belabor that point, but I think his comments about the iPhone are particularly interesting. It’s certainly true that advocates for open standards like Benkler (and me) have much to criticize in the iPhone. But it’s a mistake to view the iPhone as a step backwards for open networks without looking at the broader context.

In the first place, Apple’s attempts to lock down the iPhone have sparked an enormous customer backlash and that backlash may have spurred Apple to release an SDK for the phone. I would bet money that the iPhone will be a de facto open platform within five years, with a thriving community of third-party developers.

But more importantly, we have to remember what the iPhone replaced. Steve Jobs demands tight control over products he launches, and to get that he had to stare down AT&T, which typically calls the shots when it comes to cell phones used with its networks. The iPhone has become such a hit that Jobs now almost certainly has the upper hand: if AT&T tries to cripple the iPhone, Jobs can and will walk away from the table and sign a contract with another provider. That means that the Big Four’s much-lamented stranglehold over users’ cell phone experience has slipped a notch.

And the arrangement is likely to be a template for others in the coming years. Verizon, Sprint, and T-Mobile want an answer to the iPhone, and if a company with an appropriate cachet (say, Google or Sony) comes knocking, they’re likely to be more amenable to giving up control than they were six months ago. And once there are a few non-crippled devices on the market, it’ll be much harder to sell anyone a crippled device.

This is, in other words, a one-way ratchet in the right direction. Every time a handset maker wrings increased openness out of one wireless carrier, and thereby produces a handset that’s superior to what’s already on the market, that device will set a new baseline for the capabilities a phone should have. And the other carriers will have little choice but to follow suit by allowing similar features on their own networks. It may take a long time, but de facto open networks will get here eventually.

Of course, alarmism about corporate control of networks isn’t new. Larry Lessig sounded an almost identical alarm a decade ago, warning that if Washington doesn’t take action quickly, big corporations will seize control of the Internet and rob it of its decentralized, independent character. I think it’s safe to say he was wrong, at least so far. The ‘net is indisputably more open, innovative, and competitive than it was a decade ago. So I think it’s worth taking Benkler’s predictions of an Internet apocalypse with a grain of salt. Yes, it’s important to be vigilant, especially when we’re talking about companies as deeply wedded to rent-seeking as AT&T and Verizon. But generally speaking, things are going pretty well, and there’s every reason to think that trend will continue.

None of which is to say there aren’t things for geeks to be upset about. But we also should keep those concerns in perspective. Progress has continued at a healthy clip despite the best efforts of entrenched interests to slow it down. We should certainly be pushing to remove the barriers that are preventing progress from happening even more rapidly. But we also shouldn’t lose sight of the fact that things are basically moving in the right direction.

  • http://enigmafoundry.wordpress.com e_f

    iPhone will be a de facto open platform within five years, with a thriving community of third-party developers.

    There are exactly two possible states of the iPhone in the near future (and I would guess the near future is more like three years than 5):

    It will either be an open platform with a thriving developer community, or it will not exist.

  • http://enigmafoundry.wordpress.com eee_eff

    iPhone will be a de facto open platform within five years, with a thriving community of third-party developers.

    There are exactly two possible states of the iPhone in the near future (and I would guess the near future is more like three years than 5):

    It will either be an open platform with a thriving developer community, or it will not exist.

  • Mark
    It may take a long time, but de facto open networks will get here eventually.

    I am always appalled by people who take time as some insignificant parameter; that time has no value. A product, service or benefit available now is clearly better than 5 years from now. And it is more than a question of acceleration of a single product, but also acceleration of whatever progress that product triggers. If that progress is exponential then a couple of years makes a huge difference. You do say that

    We should certainly be pushing to remove the barriers that are preventing progress from happening even more rapidly

    but your article still reads as an apology of the inexcusably languid progress in wireless communication. “Things are not as bad as yesterday” is damning praise indeed.

  • Mark

    All indications are that only applications signed by Apple will be allowed to run on the IPhone so the SDK will not be open in any meaningful sense.

    (And what does “de facto open” mean?)

  • Mark

    Or rather the delivery of the SDK will not open the IPhone in any meaningful sense. (The tools necessary to write applications may themselves be ‘open’, but running them still not).

  • Mark

    It may take a long time, but de facto open networks will get here eventually.



    I am always appalled by people who take time as some insignificant parameter; that time has no value. A product, service or benefit available now is clearly better than 5 years from now. And it is more than a question of acceleration of a single product, but also acceleration of whatever progress that product triggers. If that progress is exponential then a couple of years makes a huge difference. You do say that


    We should certainly be pushing to remove the barriers that are preventing progress from happening even more rapidly


    but your article still reads as an apology of the inexcusably languid progress in wireless communication. “Things are not as bad as yesterday” is damning praise indeed.

  • Mark

    All indications are that only applications signed by Apple will be allowed to run on the IPhone so the SDK will not be open in any meaningful sense.

    (And what does “de facto open” mean?)

  • Mark

    Or rather the delivery of the SDK will not open the IPhone in any meaningful sense. (The tools necessary to write applications may themselves be ‘open’, but running them still not).

  • http://bennett.com/blog Richard Bennett

    Benkler combines a weird, out-of-proportion optimism with an equally extreme pessimism, but for a very good reason.

    Because he vastly overestimates the transformational power of digital data networks, he falls into a conundrum of having to explain the gap between the evidently quite small changes they’ve worked on our social institutions* and his predicted massive revolution. He says, in other words, that networks are going to make us all smart and pretty, but we can all see they haven’t. So rather than revise his estimates, he invents a bogey man who’s been suppressing the revolution.

    If you trace Lessig’s writing about the Internet from the early days to the present, you’ll see a similar arc.


    *The Internet began to play a role in presidential politics in 2004, a less-than-transformational year.

  • http://bennett.com/blog Richard Bennett

    Benkler combines a weird, out-of-proportion optimism with an equally extreme pessimism, but for a very good reason.

    Because he vastly overestimates the transformational power of digital data networks, he falls into a conundrum of having to explain the gap between the evidently quite small changes they’ve worked on our social institutions* and his predicted massive revolution. He says, in other words, that networks are going to make us all smart and pretty, but we can all see they haven’t. So rather than revise his estimates, he invents a bogey man who’s been suppressing the revolution.

    If you trace Lessig’s writing about the Internet from the early days to the present, you’ll see a similar arc.


    *The Internet began to play a role in presidential politics in 2004, a less-than-transformational year.

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

    Mark. I agree! I didn’t mean to say time is an irrelevant parameter. I was just disagreeing with Benkler’s contention that things are moving in the wrong direction. I think they’re moving in the right direction, only not as quickly as I’d like.

    As for “de facto open platform” I mean it in the same sense that the IBM PC was a de facto open platform starting in the middle of the 1980s. IBM wasn’t happy about it, but as a practical matter anyone could build compatible hardware or software.

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

    Mark. I agree! I didn’t mean to say time is an irrelevant parameter. I was just disagreeing with Benkler’s contention that things are moving in the wrong direction. I think they’re moving in the right direction, only not as quickly as I’d like.

    As for “de facto open platform” I mean it in the same sense that the IBM PC was a de facto open platform starting in the middle of the 1980s. IBM wasn’t happy about it, but as a practical matter anyone could build compatible hardware or software.

  • http://sethf.com/ Seth Finkelstein

    Robert, Lessig was never in the rah-rah-net crowd during the early days – that’s one reason Code was so refreshing when it first came out. But I worry about him falling victim to the latest iteration.

    I actually don’t think Benkler has in his own mind yet reached the point where he needs to explain why his theories don’t work. The state will wither away eventually is good for at least a few more years. (disclaimer – I’m not calling him a Communist, just using an infamous example of where tomorrow never came).

  • http://sethf.com/ Seth Finkelstein

    Robert, Lessig was never in the rah-rah-net crowd during the early days – that’s one reason Code was so refreshing when it first came out. But I worry about him falling victim to the latest iteration.

    I actually don’t think Benkler has in his own mind yet reached the point where he needs to explain why his theories don’t work. The state will wither away eventually is good for at least a few more years.
    (disclaimer – I’m not calling him a Communist, just using an infamous example of where tomorrow never came).

  • Timon

    Just to validate some of Tim’s optimism, I started typing this from Mexico City on a Blackberry Curve with VoIP calling over WiFi. One of the ads served up by adsense happened to offer international roaming from here for $2.49/min – wheras I am paying $10/month for unlimited calls. (I hope your spam filter doesn’t flag this language as suspect.) This has turned into a long working holiday as a result, and a lot of the people I work with have no idea or need to know where I am. At your advertisers’ rates I would have spent over $2000 this month, except that I wouldn’t have, because I wouldn’t be able to be here.

    A bit before coming here, though, I was at an Engadget meetup in San Francisco and saw the same thing in a slightly more amazing form — it was a low-powered mini CDMA tower that accessed the network through a standard DHCP client (GSM is forthcoming). The only thing was that it had a non-optional GPS module so that it could disable itself when it was in a jurisdiction for which it was not approved (or maybe where the carrier preferred to charge roaming.)

    I think it makes sense for law professors to focus on the latter (bummer) situation rather than the former (positive future present); it is hard to blame Benkler and Lessig for their pessimism since the entire area of their expertise is confined to the process that leads to the obligatory GPS module that ruins the best use for a VoIPized personal cell tower. (Or to take another example, that cripples the amazing p2p library of Babel.) This may be a complicated way of saying that there is a lot of good news all the time, but none of it comes from lawyers.

    Anybody who hasn’t read Seth’s articles yet should, I don’t mean to sound triumphalist.

  • Timon

    Just to validate some of Tim’s optimism, I started typing this from Mexico City on a Blackberry Curve with VoIP calling over WiFi. One of the ads served up by adsense happened to offer international roaming from here for $2.49/min – wheras I am paying $10/month for unlimited calls. (I hope your spam filter doesn’t flag this language as suspect.) This has turned into a long working holiday as a result, and a lot of the people I work with have no idea or need to know where I am. At your advertisers’ rates I would have spent over $2000 this month, except that I wouldn’t have, because I wouldn’t be able to be here.



    A bit before coming here, though, I was at an Engadget meetup in San Francisco and saw the same thing in a slightly more amazing form — it was a low-powered mini CDMA tower that accessed the network through a standard DHCP client (GSM is forthcoming). The only thing was that it had a non-optional GPS module so that it could disable itself when it was in a jurisdiction for which it was not approved (or maybe where the carrier preferred to charge roaming.)



    I think it makes sense for law professors to focus on the latter (bummer) situation rather than the former (positive future present); it is hard to blame Benkler and Lessig for their pessimism since the entire area of their expertise is confined to the process that leads to the obligatory GPS module that ruins the best use for a VoIPized personal cell tower. (Or to take another example, that cripples the amazing p2p library of Babel.) This may be a complicated way of saying that there is a lot of good news all the time, but none of it comes from lawyers.



    Anybody who hasn’t read Seth’s articles yet should, I don’t mean to sound triumphalist.

  • http://www.worldafter2012.com World end 2012

    Were can I find Seth`s articles?

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