My friend and frequent co-blogger Larry Downes has shown how lawmaking in the information age is inexorably governed by “The Law of Disruption” or the fact that “technology changes exponentially, but social, economic, and legal systems change incrementally.” This law is “a simple but unavoidable principle of modern life,” he said, and it will have profound implications for the way businesses, government, and culture evolve going forward. “As the gap between the old world and the new gets wider,” he argues, “conflicts between social, economic, political, and legal systems” will intensify and “nothing can stop the chaos that will follow.” This has profound ramifications for high-tech policymaking, or at least it should.
A powerful illustration of the Law of Disruption in action comes from this cautionary tale told by telecom attorney Jonathan Askin in his new essay, “A Remedy to Clueless Tech Lawyers.” In the early 2000s, Askin served as legal counsel to Free World Dialup (FWD), “a startup that had the potential to dramatically disrupt the telecom sector” with its peer-to-peer IP network that could provide free global voice communications. Askin notes that “FWD paved the way for another startup—Skype. But FWD was Skype before Skype was Skype. The difference was that FWD had U.S. attorneys who put the reigns on FWD to seek FCC approvals to launch free of regulatory constraints.” Here’s what happened to FWD according to Askin: Continue reading →
Here’s the video from a recent panel I sat on at the 4th annual Privacy Identity Innovation conference (pii2013) in downtown Seattle on September 17, 2013. The panel was entitled, “Emerging Technologies and the Fine Line between Cool and Creepy,” a topic I have written much about here in recent blog posts as well as in law review articles. The panel was expertly moderated by the awesome Natalie Fonseca, co-founder and executive producer of the pii2013 event as well as the always excellent Tech Policy Summit. Other panelists included Terence Craig, Co-founder and CEO, PatternBuilders and Co-author, Privacy and Big Data, Jamela Debelak, Technology and Liberty Director, ACLU of Washington, and my friend Larry Downes, Consultant and Author of The Laws of Disruption, among other excellent books. We discussed how to balance out the competing tensions surround new information technologies and stressed the various ways we could alleviate the primary concerns about many of them.
(The video, which is embedded down below, lasts just under 40 minutes. The audio is a little uneven because I was too stupid to keep the microphone close to my mouth. Sorry about that!)
Emerging Technologies and the Fine Line between Cool and Creepy from Privacy Identity Innovation on Vimeo.
Facebook announced some changes to its site today that will make it easier for teen users to share content with not just their friends but also the entire world. (More coverage at The Washington Post here.) No doubt, some privacy advocates will cry foul and rush to policymakers with requests for restrictions. Yet, it’s not clear to me what their case would be. There isn’t any COPPA issue here since we are talking about teens, and they aren’t covered by the law. Moreover, it seems entirely sensible to allow teens to make their voices heard more broadly via Facebook’s platform the same way they can via many other online sites and services. Teens have speech rights, too, after all.
On the other hand, this is another “teachable moment” that parents should take advantage of. When sites (especially larger sites like Facebook) change their policies and make it easier for our kids to share more about themselves and their feelings, that is always a great time to have another chat with them about acceptable online behavior. I’ve spent a lot of time here and elsewhere talking about the importance of “Netiquette,” or proper online etiquette in various social settings and situations. We need to talk to our kids and each other about being more savvy, sensible, respectful, and resilient media consumers and digital citizens. And schools and even governments have a role to play in pushing education and media literacy in pursuit of better “digital citizenship.”
The crucial lesson here — and this certainly has relevance to today’s Facebook announcement — is that we need to constantly be encouraging our kids to think about smarter online hygiene (sensible personal data use) and proper behavior toward others. Continue reading →
Oh man, I could not stop laughing at this old “Kids Guide to the Internet” video from the 90s. My thanks to my former colleague Amy Smorodin for tweeting it out today. I just had to post it here so that everyone could enjoy.
(Note: You can turn this video into a great drinking game. Just make everyone in the room raise their glass each time the lines “Does your computer have a modem?” and “Not all that cybernet stuff, OK?” are uttered.) And yes, as the opening line of the video notes, “the first thing you need to know about the Internet is that it is amazing.”
With the federal government and technology policy shut down in Washington, California is steaming ahead with a series of online privacy laws that will have broad implications for Internet companies and consumers.In recent weeks, Democratic Gov. Jerry Brown has signed a litany of privacy-related legislation, including measures to create an “eraser button” for teens, outlaw online “revenge porn” and make Internet companies explain how they respond to consumer Do Not Track requests. The burst of activity is another sign that the Golden State — home to Google, Facebook and many of the world’s largest tech companies — is setting the agenda for Internet regulation at a time when the White House and Congress are moving at a much more glacial pace.
When she asked me how I felt about this, I noted that: “California seems like it is willing to declare the Internet its own private fiefdom and rule it with its own privacy fist.” And, no matter how well intentioned any of these new California policies may be, the ends most certainly do not justify the means. Continue reading →
I’m excited to be attending the big annual Privacy Identity Innovation (pii2013) conference next week in Seattle, Washington from September 16-18. Organized by the amazing Natalie Fonseca, who also created the widely attended Tech Policy Summit, the Privacy Identity Innovation conference brings together some of the best and brightest minds involved in the digital economy and information technology policy.
Natalie and her team have put together another terrific agenda and group of all-star speakers to debate the “challenges associated with managing and securing the vast amounts of personal data being generated in our increasingly connected world” as well as the “huge opportunities for innovation if done properly.” There will be panels debating the implications of wearable technologies, Google Glass, government surveillance practices, digital advertising, transparency efforts, privacy by design, identification technologies and issues, and privacy developments in Europe and other countries, among other issues. The event also features workshops, demos, and other networking opportunities.
I’m looking forward to my panel on “Emerging Technologies and the Fine Line between Cool and Creepy.” That’s an issue I’ve had a lot to say about in blog posts here as well as recent law review articles. Occasional TLF contributor Larry Downes will also be on that panel with me.
Anyway, if you’ll be out there in Seattle for the big show, please make sure to find me and introduce yourself. I’ll be doing plenty of live-Tweeting from the event that you can read if you following me at (@AdamThierer) on Twitter.
Much of my recent research and writing has been focused on the contrast between “permissionless innovation” (the notion that innovation should generally be allowed by default) versus its antithesis, the “precautionary principle” (the idea that new innovations should be discouraged or even disallowed until their developers can prove that they won’t cause any harms). I have discussed this dichotomy in three recent law review articles, a couple of major agency filings, and several blog posts. Those essays are listed at the end of this post.
In this essay, I want to discuss a recent speech by Federal Trade Commission (FTC) Chairwoman Edith Ramirez and show how precautionary principle thinking is increasingly creeping into modern information technology policy discussions, prompted by the various privacy concerns surrounding “big data” and the “Internet of Things” among other information innovations and digital developments.
First, let me recap the core argument I make in my recent articles and filings. It can be summarized as follows: Continue reading →
A new article by Peter Caranicas and Rachel Abrams in Variety entitled, “Runaway Production: The United States of Tax Incentives,” notes how “[Motion picture] Producers looking for a location weigh many factors — screenplay, crew base, availability of stages, travel and lodging — but these days, first and foremost, they consider the local incentives and tax breaks that can reduce a production’s budget.” In other words, when every state and local government dreams of being “the next Hollywood,” they are willing to shower the entertainment industry with some pretty nice inducements at taxpayers expense.
But these programs are growing more controversial and some state and local governments are reconsidering the wisdom of these efforts. The article cites my Mercatus Center colleague Eileen Norcross, who points out the most serious problem with these programs:
Other arguments against incentives hold that they don’t help the states that offer them. In March, the Massachusetts revenue commission issued a scathing report on the state’s tax credit program, which stated that two-thirds of the total $175 million awarded in 2011 went to out-of-state spending. “The critique is that while they appear to bring in short-term temporary activity to a state or community, a lot of those benefits flow to the production companies,” says Eileen Norcross, a senior research fellow at George Mason U. “The people who are hired locally tend to be (in) more low-wage service industry jobs. It provides a temporary economic blip on the radar, and then it’s sort of fleeting.”
Eileen is exactly right. I have previously covered this issue here in an essay entitled, “State Film Industry Incentives: A Growing Cronyism Fiasco,” which was later expanded and included as a section in my 73-page forthcoming law review article with Brent Skorup, “A History of Cronyism and Capture in the Information Technology Sector.” Continue reading →