February 2011

My last post on the opportunities presented by “The Great Stagnation” got a bit of attention, and I’m heartened by that because I’d like to develop my conception of “opting out” a bit more in later posts. Today I’d just like to respond to my friend and Colleague Tate Watkins who [reacted to my post](http://shortsentences.org/2011/02/work-and-leisure-zero-marginal-product-employees-and-low-hanging-hipsters/) noting that “most people don’t want any more leisure. People don’t work 20 hours a week because they would have to make up the difference ‘playing with [their] families and reading books.'”

Tate says that spending that much time doing nothing, and doing it with their families, is likely a net minus for most people. I think he’s absolutely right, so I guess I need to define what I mean by “leisure” when I say that “the cost of leisure is going down” allowing us to consume more of it.
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Today I filed roughly 30 pages worth of comments with the Federal Trade Commission (FTC) in its proceeding on “Protecting Consumer Privacy in an Era of Rapid Change: a Proposed Framework for Businesses and Policy Makers.” [Other comments filed in the proceeding can be found here.] Down below, I’ve attached the Table of Contents from my filing so you can see the major themes I’ve addressed, and I’ve also attached the entire document in a Scribd reader. In coming days and weeks, I’ll be expanding upon some of these themes in follow-up essays.

In my filing, I argue that while it remains impossible to predict with precision the impact a new privacy regulatory regime will have the Internet economy and digital consumers, regulation will have consequences; of that much we can be certain.  As the FTC  and other policy makers move forward with proposals to expand regulation in this regard, it is vital that the surreal “something-for-nothing” quality of current privacy debate cease. Those who criticize data collection or online advertising and call for expanded regulation should be required to provide a strict cost-benefit analysis of the restrictions they would impose upon America’s vibrant digital marketplace.

In particular, it should be clear that the debate over Do Not Track and online advertising regulation is fundamentally tied up with the future of online content, culture, and services. Thus, regulatory advocates must explain how the content and services supported currently by advertising and marketing will be sustained if current online data collection and ad targeting techniques are restricted. Continue reading →

In his [column on Monday](http://www.nytimes.com/2011/02/15/opinion/15brooks.html?ref=davidbrooks), David Brooks put his finger on what I found most interesting about Tyler Cowen’s *[The Great Stagnation](http://www.amazon.com/gp/product/B004H0M8QS?ie=UTF8&tag=jerrybritocom)*. Namely:

>It could be that in an industrial economy people develop a materialist mind-set and believe that improving their income is the same thing as improving their quality of life. But in an affluent information-driven world, people embrace the postmaterialist mind-set. They realize they can improve their quality of life without actually producing more wealth.

As Tyler points out in this book, and catalogued at length in his other excellent book, *[Create Your Own Economy](http://www.amazon.com/gp/product/B002XULWOS?ie=UTF8&tag=jerrybritocom)*, recent increases in happiness come from growth in internal economies. That is, internal to humans. In the past, increased well-being came from not having a toilet and then having one, or the invention of cheap air travel. Today they come from blogging, watching *Lost* on Netflix, listening to a symphony from iTunes, tweeting with your friends, seeing their pictures on Facebook or Path, and learning and collaborating on Wikipedia. As a result, once one secures a certain income to cover basic needs, greater happiness and well-being can be had for virtually nothing.

The problem some see with this is that the Internet sector, while it may give us amazing innovations, produces little by way of revenue or jobs. Brooks also laments that because American’s have not come to grips with this growing distinction between wealth and standard of living, we tend to live beyond our means, which is certainly true in a personal and public fiscal sense.

But I’d like to see this seeming decoupling of wealth and well-being as an opportunity.
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It was my pleasure today to debate the future of public media funding on Warren Olney’s NPR program, “To The Point“.  I was 1 of 5 guests and I wasn’t brought into the show until about 29 minutes into the program, but I tried to reiterate some of the key points I made in my essay last week on “‘Non-Commercial Media’ = Fine; ‘Public Media’ = Not So Much.”  I won’t reiterate everything I said before since you can just go back and read it, but to briefly summarize what I said there as well as on today’s show: (1) taxpayers shouldn’t be forced to subsidize speech or media content they find potentially objectionable; and (2) public broadcasters are currently perfectly positioned to turn this federal funding “crisis” into a golden opportunity by asking its well-heeled and highly-diversified base of supporters to step up to the plate and fill the gap left by the end of taxpayer subsidies.

Just a word more on that last point. As I pointed out on the show today, it’s an uncomfortable fact of life for NPR that their average listener is old, rich, highly-educated, and mostly white.  Specifically, here are some numbers that NPR itself has compiled about its audience demographics:

  • The median age of the NPR listener is 50.
  • The median household income of an NPR News listener is about $86,000, compared to the national average of about $55,000.
  • NPR’s audience is extraordinarily well-educated.  Nearly 65% of all listeners have a bachelor’s
    degree, compared to only a quarter of the U.S. population.  Also, they are three times more likely than the
    average American to have completed graduate school.
  • The majority of the NPR audience (86%) identifies itself as white.

Why do these numbers matter? Simply stated: These people can certainly step up to the plate and pay more to cover the estimated $1.39 that taxpayers currently contribute to the public media in the U.S.  But wait, there’s more! Continue reading →

Speaking at the Mobile World Congress in Barcelona today, Twitter CEO Dick Costolo [said](http://www.readwriteweb.com/mobile/2011/02/twitter-goal-to-be-like-water.php) he wants the service to become as ubiquitous and simple as tap water. But he should be careful what he wishes for.

Search Engine Land is already asking, “[Twitter As Utility, Like Running Water?](http://searchengineland.com/twitter-as-utility-like-running-water-thats-goal-says-ceo-64803)” The thing about water is that it tends to be an indispensable natural monopoly, and therefore regulated. Twitter today controls [access to its “firehose”](http://networkeffect.allthingsd.com/20110202/twitter-offers-metered-pricing-for-firehose-of-tweets/) of tweet data, but access to utilities like water is mandated open and prices are set by regulators.

As I discussed [recently on the podcast](http://surprisinglyfree.com/2010/08/30/danny-sullivan-on-search-neutrality/) with Danny Sullivan, some have already suggested Google should be treated like a utility and brought under a regime of “search neutrality.” Harvard’s danah boyd has been banging the “[regulate Facebook as a utility](http://www.zephoria.org/thoughts/archives/2010/05/15/facebook-is-a-utility-utilities-get-regulated.html)” drum for quite some time. And Just today Wharton’s Kevin Werbach put out a draft of his new law review article: “[The Network Utility](http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1758878).”

Of course, as I already mentioned, it’s unsurmountable monopolies that should be regulated, and it would be a stretch to say that either Facebook or Twitter qualify. But I fear we’ll be hearing more and more of this “utility” language in the near future.

A new report out this week in State Tax Notes shows the discriminatory way in which Federal, state and local governments treat their citizens who subscribe to wireless services — and according to CTIA that’s about 93% of Americans.

Federal, state and local taxes and fees for wireless services topped an average of 16.3% in 2010. The highest combined rate was 16.85% in 2005. This far surpasses the average retail sales tax rate, which obviously varies by state.

Some blame can rest squarely on the shoulders of state or local officials who have targeted wireless services for a specific tax. The report points out a few examples:

  • Baltimore: increased its per-line tax from $3.50 per month to $4
  • Montgomery County, MD: increased its per-line tax from $2 to $3.50 per month
  • Olympia, WA: imposed a 9 percent telecommunications tax on top of the state-local combined sales tax of 8.5 percent
  • Chicago: imposed a 7 percent excise tax on wireless services on top of the state’s 7 percent excise tax
  • Nebraska: imposes a local “utility” tax of up to 6.5 percent in addition to the 6.5 percent combined state-local sales tax
  • Tucson, AZ: increased its telecommunications license tax from 2 percent to 4 percent Continue reading →

On this week’s podcast, Jaron Lanier, pioneering computer scientist, musician, visual artist, and author, discusses his book, You Are Not a Gadget: A Manifesto. Lanier discusses effects of the web becoming “regularized” and dangers he sees with “hive mind” production, which he claims leads to “crummy design.” He also explains why he thinks advertising is a misnomer, contending that modern advertising is more about access to potential consumers than expressive or creative form. Lanier also advocates for more peer-to-peer rather than hub-and-spoke transactions, discusses why he’s worried about the disappearance of the middle class, claims that “free” isn’t really free, talks about libertarian ideals, and explains why he’s ultimately hopeful about the future.

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You’ll want to visit, follow, friend, and whatever-the-hell-else-people-do the new Digital Liberty project from Americans for Tax Reform.

Digital Liberty’s introductory blog post says:

Digital Liberty is dedicated to preserving a free market by pushing back against heavy regulation and taxation of all things Internet, tech, telecom, and media. DigitalLiberty.net will serve as a resource for those who believe in constitutionally limited government by providing news updates and policy briefs on tech issues, sharing research from likeminded organizations, and serving the grassroots who believe that technology and media innovation thrives best when markets are free and individuals are free to choose.

Sounds good to me.

Digital Liberty isn’t really new, but an expansion of ATR’s work on tech freedom. They tell us that their Web site will provide news and policy briefs, share research from like-minded free-market organizations, and serve the grassroots focusing on free-market tech policy.

That’s DigitalLiberty.net. Right on to my brethren and sistren from the happy home of the leave-us-alone coalition!

The folks at Reason magazine were kind enough to invite me to submit a review of Tim Wu’s new book, The Master Switch: The Rise and Fall of Information Empires based on my 6-part series on the book that I posted here on the TLF late last year. (Parts 1, 2, 3, 4, 5, 6)  My new essay, which is entitled “The Rise of Cybercollectivism,” has now been posted on the Reason website.

I realize that title will give some readers heartburn, even those who are inclined to agree with me much the time.  After all, “collectivism” is a term that packs some rhetorical punch and leads to quick accusations of red-baiting. I addressed that concern in a Cato Unbound debate with Lawrence Lessig a couple of years ago after he strenuously objected to my use of that term to describe his worldview (and that of Tim Wu, Jonathan Zittrain, and their many colleagues and followers). As I noted then, however, the “collectivism” of which I speak is a more generic type, not the hard-edged Marxist brand of collectivism of modern times. For example, I do not believe that Professors Lessig, Zittrain, or Wu are out to socialize all the information means of production and send us all to digital gulags or anything silly like that. Rather, their “collectivism” is rooted in a more general desire to have–as Declan McCullagh eloquently stated in a critique of Lessig’s Code–rule by “technocratic philosopher kings.” Here’s a passage from my Reason review of Wu’s Master Switch in which I expand upon that notion:

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A Texas tax official estimates in this story that Texas loses an estimated $600 million in Internet sales taxes every year. Its part of a long-running debate about whether state governments should be able to collect taxes from out-of-state retailers who send goods into their jurisdictions.

What happens with the $600 million depends on what you mean by “Texas.” If you mean the government of the state of Texas in Austin, why, yes, the government appears not to collect that amount, which it wants to. If by “Texas” you mean the people who live, work, and raise their families throughout the state—Texans—they actually save $600 million a year. They get to do what they want with it. After all, it’s their money.

The Texas tax collector is complaining because the last thing state taxing agents want to do is collect money on in the form of use taxes, which means something like going door to door to collect money from voters based on what they bought from out-of-state. Revenuers intensely prefer to hide the process, collecting their residents’ money from out-of-state companies.

Amazon.com is Texas’ target—it’s the great white whale for tax-hungry jurisdictions nationwide. With no retail outlets and few offices or fulfillment centers around the country, it’s not subject to tax jurisdiction in lots of places that would like to tap it for revenue. Having a fulfillment center in Texas may make Amazon liable for $600 million of its customers’ money, so it’s doing the sensible thing: getting out.

And thank heavens it can! Amazon is a cog in the extremely virtuous process of tax competition. Its ability to move operations means that it can escape states with burdensome taxes and tax collections oblibations, like Texas. Tax competition among states puts downward pressure on taxes, which in turn puts upward pressure on the wealth and well-being of state residents.

The pro-tax folks have been working for years to eliminate tax competition. The “Streamlined Sales Tax Project” continues work it began in 2000 to pave the way for nationwide sales taxation. “Streamlining” sounds so good, doesn’t it? But the result would be uniform—and uniformly high—sales taxes that every state might impose on every retailer that sends goods across state lines.

The Web site of the pro-tax coalition sounds good, too: the “Alliance for Main Street Fairness,” at the URL standwithmainstreet.com. Who wouldn’t want to “stand with Main Street”? Lovers of limited government, for one.

“Fairness” here means uniform high sales taxes and interstate tax collection obligations. The site doesn’t say who’s behind it, but the campaign to impose taxes on Amazon and other remote sellers is almost certainly a project of big national chain retailers. Rather than fight to lower taxes nationwide, they think they should just saddle their online competitors with tax collection obligations.

As long as the Streamlined Sales Tax Project continues to fail, tax competition in this area survives, and retailers like Amazon can provide lower costs to all of us—including that $600 million in savings enjoyed by Texans each year.