Articles by Adam Thierer


Adam Thierer is President of the Progress & Freedom Foundation, a digital economy think tank based in Washington, DC. He formerly served as Director of Telecommunications Studies at the Cato Institute for four years and as a Fellow in Economic Policy at the Heritage Foundation for nine years. He is the author or editor of six books on technology and media policy. Thierer earned his bachelor's degree in political science and journalism at Indiana University and received his master's degree in international business management and trade theory at the University of Maryland. In his spare time he: burns through his savings buying sports cars on E-Bay, enjoys drinking fine English cask-conditioned ales (but not while driving the aforementioned sports cars), plays far too many video games for a man of his age, and teaches his kids how to draw pencil mustaches and devil horns on pictures of politicians.

Another Sky-is-Falling Zittrain Editorial

by Adam Thierer on February 5, 2010 · Comments

Harvard Berkman Center professor Jonathan Zittrain has published another pessimistic, Steve-Jobs-is-Taking-Us-Straight-To-Cyber-Hell editorial building on the gloomy thesis he set forth in his 2008 book, The Future of the Internet and How to Stop It. His latest piece appears in the Financial Times and it’s entitled, “A Fight over Freedom at Apple’s Core. Concerning the recent Apple iPad announcement, Zittrain warns: “Mr Jobs ushered in the personal computer era and now he is trying to usher it out.”

I’m not going to go into yet another lengthy dissertation about what it so misguided about his thesis that cyberspace is becoming more “regulable” and that digital “generativity” is dying because of the rise of devices like the iPhone & iPad, or sites like Facebook.  Instead, I will just point you to the many things I’ve written before explaining just how far off the mark Prof. Zittrain is on this point. [See the complete list down below + video of our debate.]

But let me just say this… Ignoring that fact that he is an iPhone user himself — which makes no sense considering that he thinks of Apple as the font of all cyber-evil — he can’t muster any substantive empirical evidence proving that the Net and digital devices are being more “closed, sterile, and tethered,” as he repeatedly claims in his book and editorials.  And that’s not surprising because the reality is that the digital world is more open and generative than ever, and even if there are some “closed” devices and systems out there, they are actually quite innovative and not perfectly closed as Zittrain suggests. The spectrum of “open vs. closed” systems and devices is incredible diverse and nothing is perfectly “open” or “closed.”  We can have the best of both worlds: many open systems with some partial “walled gardens” here and there (or hybrid systems combining both). Regardless, we are witnessing greater digital “generativity” and innovation with each passing year. Until Zittrain can prove the opposite, his thesis must be considered a failure.

Finally, I want to associate myself with this excellent critique of the Zittrain thesis by Prof. Ed Felten, who points out that Zittrain’s argument doesn’t even work for the iPad, which I would agree is a fairly “closed appliance” in the Zittrainian scheme of the things:

Continue reading →

Comments Posted in: Philosophy & Cyber-Libertarianism, What We're Reading

My Testimony at House Hearing about Comcast-NBC Deal

by Adam Thierer on February 4, 2010 · Comments

I testified this morning in the House Energy and Commerce Committee’s Subcommittee on Communications, Technology, and the Internet at a hearing titled, “An Examination of the Proposed Combination of Comcast and NBC Universal.” Among those testifying were Comcast Chairman and CEO Brian L. Roberts, and NBC Universal President and CEO Jeff Zucker.  Down below I have attached my brief remarks (we only had 5 minutes), but see the Scribd doc at the very bottom to also see the embedded charts. I also wrote a paper about the proposed deal back in December entitled, “A Brief History of Media Merger Hysteria: From AOL-Time Warner to Comcast-NBC” as well as this editorial for Forbes.

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Mr. Chairman and members of the Committee, thank you for inviting me here today. My name is Adam Thierer and I am the President of The Progress & Freedom Foundation (PFF).

Although we are still early in this process, there has already been a great deal of hand-wringing and even some dire predictions about the pending merger of Comcast and NBC Universal. I hope to put this proposed marriage in some historical context and explain why the deal certainly won’t have the detrimental impact some critics fear, and also explain why it might even be one potential model for how to sustain traditional media going forward.

Beware Media Merger Hysteria

First, let’s remember that we’ve been here before. Paranoid predictions of a media apocalypse have accompanied the announcements of many previous media mergers, from AOL-Time Warner to News Corp.-DirecTV to XM-Sirius.[i] In these cases and almost all others, however, the “sky is falling” claims proved to be greatly overstated.[ii] The only “harm” that one could reasonably claim came from those mergers was not to consumers or content providers, but to the merging firms themselves and their shareholders. That’s because many mergers simply fail to create the sort of synergies and benefits originally hoped for and consequently die of natural causes over time.

Other firms, however, have found ways to make deals work and deliver important new services that previously were unimaginable or simply too expensive to offer alone.[iii] Regardless, the point here is that we’ll never know what works unless we permit marketplace experimentation with new and innovative business models. Continue reading →

Comments Posted in: Media Regulation

Some Thoughts on PBS “Digital Nation” Documentary

by Adam Thierer on February 3, 2010 · Comments

The PBS documentary series Frontline aired a new program last night called “Digital Nation: Life on the Virtual Frontier.” [You can watch it online at that link.] Produced by Rachel Dretzin and Douglas Rushkoff, the 90-minute special touched on several themes we have debated here through the years including:

  1. concerns about information overload and multitasking;
  2. the role of computers and digital technology in education & learning; and,
  3. the nature and impact of virtual reality and virtual worlds on real-world life and culture.

As a student of information history, I’m particularly interested in these subjects because I’ve written frequently about the lively debates between techno-optimists and techno-pessimists throughout history. (See my latest essay: “Are You An Internet Optimist or Pessimist? The Great Debate over Technology’s Impact on Society.“) I thought Dretzin and Rushkoff did a nice job covering a lot of ground in a very short amount of time and providing balance from folks on both sides of the optimist/pessimist spectrum. Below I’ll just summarize a few notes I took while watching “Digital Nation” and offer a few thoughts on these controversial topics. Mostly, I’ll just discuss the first two, interrelated issues. (My thoughts on the third issue — virtual worlds and virtual reality, can be found in these videos from my recent speech in Second Life).

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Comments Posted in: Miscellaneous, Philosophy & Cyber-Libertarianism

Hearings This Thursday on Proposed Comcast-NBC Deal

by Adam Thierer on February 1, 2010 · Comments

Just FYI… This Thursday, February 4th at 9:30 am, the House Commerce Committee Subcommittee on Communications, Technology, and the Internet will hold a hearing titled, “An Examination of the Proposed Combination of Comcast and NBC Universal.” It will be held in 2123 Rayburn House Office Building and the Committee members were kind enough to ask me to come up and say a few words.  Here’s the witness list:

  • Brian L. Roberts, Chairman and CEO, Comcast Corporation
  • Jeff Zucker, President and CEO, NBC Universal
  • Colleen Abdoulah, President and CEO, WOW! Internet, Cable, and Phone
  • Mark Cooper, Ph.D., Director of Research, Consumer Federation of America
  • Michael J. Fiorile, President and COO, The Dispatch Printing Company, Chair of the NBC Affiliates Board
  • Adam D. Thierer, President, Progress and Freedom Foundation

For those interested, the hearing will be webcast at www.energycommerce.house.gov. There’s also another hearing Thursday on the same issue over in the Senate Judiciary Committee’s Subcommittee on Antitrust, Competition Policy and Consumer Rights. It’s titled, “The Comcast/NBC Universal Merger: What Does the Future Hold for Competition and Consumers?” and it will take place in the Dirksen Senate Office Building, Room 226 at 2:30 p.m.

Incidentally, I wrote a paper back about the proposed deal back in December entitled, “A Brief History of Media Merger Hysteria: From AOL-Time Warner to Comcast-NBC” as well as this editorial for Forbes.

Comments Posted in: Media Regulation

The Dangers of Subsidized News, Continued

by Adam Thierer on February 1, 2010 · Comments

The Annenberg School at the University of Southern California recently released a paper by Geoffrey Cowan and David Westphal entitled, “Public Policy and Funding the News.” In it, Cowan and Westphal join the growing chorus of voices advocating a substantial role of government in propping up struggling media entities or investing in news production going forward.

I can’t say that I disagree with everything in the report, especially the contention that many traditional news-gathering institutions face serious challenges to their survival. But as I have noted here before, there are three big problems with recommendations to greatly expand the role of government in the media sector or journalistic profession as a solution:

  1. While public media & subsidies may have a role, that role should be tightly limited and focused on filling specific niches or unfilled needs within certain communities. Public subsidies should not be viewed as a replacement for traditional private media sources. Moreover, public subsidies will not begin to make up the shortfall from traditional private funding source, unless we plan on having Congress spend hundreds of billions of dollars (like the radical regulatory advocates at Free Press advocates) to subsidize news.
  2. If we do end up taking that path, it will raise profound fairness questions since it will leave taxpayers footing the bill for things they might not want or could find objectionable, even offensive. (Conservatives wouldn’t like funding Bill Moyers, and liberals wouldn’t be too keen on supporting Rush Limbaugh).
  3. Any plan to have government step up its role in supporting journalism will raise profound questions about press independence and threaten core First Amendment values. Putting journalists on the public dole is a serious threat to the integrity of the profession.

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Comments Posted in: First Amendment, Free Speech & Online Child Safety, Media Regulation

Are You An Internet Optimist or Pessimist? The Great Debate over Technology’s Impact on Society

by Adam Thierer on January 31, 2010 · Comments

[I’ve been working on an outline for a book I hope to write surveying technological skepticism throughout history. I first started thinking about this topic two years when I noticed that a great number of recent books about Internet policy could generally be grouped into one of two camps: Internet optimists vs. Internet pessimists. I subsequently penned an essay on the subject that generated a fair bit of attention. So, I figured I must be on to something, and the more Net policy books I read, the more I realized that the divisions between these two camps were growing wider and increasingly heated. Thus, I thought I would share this very rough draft (much of it still in outline form) of the opening chapter of that book I want to write about this great intellectual war over the impact of technology on society. I invite reader input.]

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The impact of technological change on culture, learning, and morality has long been the subject of intense debate, and every technological revolution brings out a fresh crop of both pessimists and pollyannas. Indeed, a familiar cycle has repeat itself throughout history whenever new modes of production (from mechanized agriculture to assembly-line production), means of transportation (water, rail, road, or air), energy production processes (steam, electric, nuclear), medical breakthroughs (vaccination, surgery, cloning), or communications techniques (telegraph, telephone, radio, television) have appeared on the scene.

The cycle goes something like this. A new technology appears. Those who fear the sweeping changes brought about by this technology see a sky that is about to fall. These “techno-pessimists” predict the death of the old order (which, ironically, is often a previous generation’s hotly-debated technology that others wanted slowed or stopped).  Embracing this new technology, they fear, will result in the overthrow of traditions, beliefs, values, institutions, business models, and much else they hold sacred.

The pollyannas, by contrast, look out at the unfolding landscape and see mostly rainbows in the air. Theirs is a rose-colored world in which the technological revolution du jour is seen as improving the general lot of mankind and bringing about a better order.  If something has to give, then the old ways be damned! For such “techno-optimists,” progress means some norms and institutions must adapt—perhaps even disappear—for society to continue its march forward.

Our current Information Revolution is no different. It too has its share of techno-pessimists and techno-optimists. Indeed, before most of us had even heard of the Internet, people were already fighting about it—or at least debating what the rise of the Information Age meant for our culture, society, and economy. Continue reading →

Comments Posted in: Digital Policy Reading List, Philosophy & Cyber-Libertarianism

Summary of Remarks by Daniel Weitzner (NTIA) at FTC Privacy Workshop

by Adam Thierer on January 28, 2010 · Comments

At today FTC’s “Exploring Privacy” roundtable event at Berkeley Law School, were heard a lunchtime address from Daniel J. Weitzner, Associate Administrator for Policy, National Telecommunications and Information Administration (NTIA) at the Department of Commerce. Down below is a brief summary of his remarks. (Berin Szoka and have been live-tweeting the event at @AdamThierer and @BerinSzoka). You can view all our tweets here.

  • Obama Administration is looking at nexus between privacy & innovation
  • Success of Internet has depended upon creative use of information
  • Predictability and certainty is imp for both consumers and companies on this front
  • Believes we CAN have both innovation and privacy protection; but there will be some tensions
  • Challenge of the 3rd decade of Internet policymaking = to get together set of policies to bring security to Net while preserving freedom
  • Does domestic & global patchwork of #privacy policies hurt or help innovation?
  • Need to take a hard look at the traditional notice & choice framework
  • Rules for COLLECTION or USE of data is key question
  • Concepts of “accountability” … to what or whom?
  • a Notice of Inquiry coming from NTIA about privacy to help shape privacy policy for Obama Admin

Comments Posted in: Advertising & Marketing, Privacy, Security & Government Surveillance

FTC Privacy Workshop: Summary of Harbour & Vladeck Remarks

by Adam Thierer on January 28, 2010 · Comments

I’m attending the FTC’s 2nd “Exploring Privacy” roundtable event, which is taking place at the University of California-Berkeley School of Law.  Here’s the agenda. (I’ll be live Tweeting @AdamThierer). FTC Commissioner Pamela Jones Harbour &  FTC Bureau of Consumer Protection Director David Vladeck kicked things off. Here’s a quick summary of their remarks:

  • Data collection has vast opportunities but drawbacks also
  • “non-price dimensions” of privacy important
  • Talking about recent Facebook privacy changes
  • Privacy is not “over” as McNealy once said; recent public outcry about Facebook changes make that clear
  • “delicate balance” between data collection and consumer control
  • Concerned about privacy in the mobile environment
  • “Apple could do more to require baseline level of privacy disclosures”; other could set such defaults too
  • Similar fears about privacy in the cloud; difficult for consumers to define privacy expectation in the cloud; fear of lock-in concerns
  • Wants more data portability
  • Concerned that anonymization doesn’t work good enough; Perhaps our faith in current technologies is misplaced
  • Must address the question of privacy by design sooner rather than later

Continue reading →

Comments Posted in: Advertising & Marketing, Privacy, Security & Government Surveillance

heading to FTC’s next “Exploring Privacy” workshop at Berkeley Law School

by Adam Thierer on January 27, 2010 · Comments

Berin Szoka and I will be in Berkeley, CA tomorrow attending the FTC’s 2nd “Exploring Privacy” roundtable event. The event will take place at the University of California-Berkeley School of Law.  Here’s the agenda and speaker bios. The event will be webcast for those who cannot make it.  But for those of you who going, make sure to come say hi to Berin and me.  We were thinking about trying to get a group together afterward to grab a beer somewhere nearby.

Incidentally, Berin and I testified at the FTC’s first Exploring Privacy workshop, which took place on December 7th. You can find webcasts of the panels here, and here are Berin’s comments and my summary of what we had to say that day.

Comments Posted in: Advertising & Marketing, Privacy, Security & Government Surveillance

summary of State of the Net panel: “Antitrust in the Internet Era”

by Adam Thierer on January 27, 2010 · Comments

As always, this year’s “State of the Net” conference features a variety of breakout sessions from which to choose and, sadly, until I figure out a way to clone myself, I can’t cover them all. So, I decided to sit in on the panel about “Antitrust in the Internet Era,” since it’s a subject I find of great interest. It featured the following lineup:

  • David Balto, Center for American Progress (moderator)
  • Brian Bieron, Senior Director of Federal Affairs, eBay
  • Joseph Farrell, Director of the Bureau of Economics, Federal Trade Commission
  • Roberta Katz, U.S. Department of Justice
  • Catherine Sandoval, Santa Clara University School of Law

Here’s a summary of some of the highlights:

Continue reading →

Comments Posted in: Antitrust & Competition Policy