October 2011

At last Thursday’s FCC Open Commission Meeting, the Commission proposed to require television stations to make their “public inspection file” available online. But availability is not accessibility. If the FCC follows its usual practice of having filers submit PDFs (many of which are often scanned from printed documents), this data may be nearly useless to [...]

This afternoon the Stop Online Piracy Act (H.R. 3261) was introduced by Rep. Lamar Smith of the House Judiciary Committee. This bill is a companion to the PROTECT IP Act and S.978, both of which were reported by the Senate Judiciary Committee in May. There’s a lot some to like about the bill, but I’m uneasy [...]

Adam Thierer, a Senior Research Fellow with the Technology Policy Program at the Mercatus Center, discusses his new paper, co-authored with Veronique de Rugy, The Internet, Sales Tax, and Tax Competition. With several states in the midst of budget crunches, states and localities struggle to find a way to generate revenue, which, according to Thierer, leads to an aggressive attempt to collect online sales tax. He discusses some of these attempts, like the multi-state compact, that seeks taxation of remote online vendors. Thierer believes this creates incentives for large online companies like Amazon to cut deals with certain states, where jobs will be created in exchange for tax relief. This, according to Thierer, creates unfairness for smaller online companies as well as for brick and mortar shops who have to pay taxes to the state where they have a physical presence. He proposes an origin-based tax, which imposes the tax where the purchase is made instead of tracing the transaction to its consumption destination. This proposal, he submits, will level the playing field between brick and mortar companies and online companies, and promote tax competition.

Web Pro News invited me on the show this week to chat about the ongoing Internet sales tax debate. Video embedded below. Here’s the new Mercatus paper that Veronique de Rugy and I wrote on the issue, which is referenced during the discussion. More WebProNews Videos

Ladies and gentlemen, it is time for decisive action. Cyberlaw scholars have been warning us for years that tech titans dominate the digital landscape.  Our leaders must act immediately to ensure that these 4 Internet gatekeepers don’t lock us in their walled gardens and turn us into their cyber-slaves. The future of Internet freedom is [...]

TechFreedom is calling on all Americans to stand up for their digital Fourth Amendment rights. The Constitution delicately balances privacy with the needs of law enforcement by making judges responsible for determining whether law enforcement has established ‘probable cause.’ This judicial warrant requirement has always been the crown jewel of our civil rights. Our Founding Fathers would be appalled to learn [...]

Freelance journalist Laurence Cruz was kind enough to call me recently looking for comment on whether broadband should be considered a human right. Well, actually, he probably didn’t have many options. If you do a quick search on the topic, you’ll find an endless stream of essays in favor of the proposition.  Then, somewhere in [...]

On the podcast this week, Simon Chesterman, Vice Dean and Professor of Law at the National University of Singapore, and Global Professor and Director of the NYU School of Law Singapore Programme, discusses his new book, One Nation Under Surveillance: A New Social Contract to Defend Freedom Without Sacrificing Liberty. The discussion begins with a brief overview of the NSA and how it garnered the attention of Americans after 9/11. Chesterman discusses the agency’s powers and the problems the NSA encounters, including how to sort through large amounts of data. The discussion then turns to how these powers can become exceptions to constitutional protections, and how such exceptional circumstances can be accommodated. Finally, Chesterman suggests that there has been a cultural shift in western society, where expectations of privacy have dimished with technological and cultural trends, so that information collection by the government is generally accepted. However, he says, society is concerned with how that information is used. According to Chesterman, there should be limits and accountability mechanisms in place for government agencies like the NSA.

Twenty years ago, one of the best books ever penned about freedom of speech was released. Sadly, many people still haven’t heard of it. That book was Freedom, Technology and the First Amendment, by Jonathan Emord. With the exception of Ithiel de Sola Pool’s 1983 masterpiece Technologies of Freedom: On Free Speech in an Electronic [...]

In my ongoing work on technopanics, I’ve frequently noted how special interests create phantom fears and use “threat inflation” in an attempt to win attention and public contracts. In my next book, I have an entire chapter devoted to explaining how “fear sells” and I note how often companies and organizations incite fear to advance [...]