On Thursday, June 9, it was my great pleasure to return to my first work office at the Adam Smith Institute in London and give a talk on the future of innovation policy and the governance of artificial intelligence. James Lawson, who is affiliated with the ASI and wrote a wonderful 2020 study on AI policy, introduced me and also offered some remarks. Among the issues discussed:

  • What sort of governance vision should govern the future of innovation generally and AI in particular: the “precautionary principle” or “permissionless innovation”?
  • Which AI sectors are witnessing the most exciting forms of innovation currently?
  • What are the fundamental policy fault lines in the AI policy debates today?
  • Will fears about disruption and automation lead to a new Luddite movement?
  • How can “soft law” and decentralized governance mechanism help us solve pressing policy concerns surrounding AI?
  • How did automation affect traditional jobs and sectors?
  • Will the European Union’s AI Act become a global model for regulation and will it have a “Brussels Effect” in terms of forcing innovators across the world to come into compliance with EU regulatory mandates?
  • How will global innovation arbitrage affect the efforts by governments in Europe and elsewhere to regulate AI innovation?
  • Can the common law help address AI risk? How is the UK common law system superior to the US legal system?
  • What do we mean by “existential risk” as it pertains to artificial intelligence?

I have a massive study in the works addressing all these issues. In the meantime, you can watch the video of my London talk here. And thanks again to my friends at the Adam Smith Institute for hosting!

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Almost every argument against technological innovation and progress that we hear today was identified and debunked by Samuel C. Florman a half century ago. Few others since him have mounted a more powerful case for the importance of innovation to human flourishing than Florman did throughout his lifetime.

Chances are you’ve never heard of him, however. As prolific as he was, Florman did not command as much attention as the endless parade of tech critics whose apocalyptic predictions grabbed all the headlines. An engineer by training, Florman became concerned about the growing criticism of his profession throughout the 1960s and 70s. He pushed back against that impulse in a series of books over the next two decades, including most notably: The Existential Pleasures of Engineering (1976), Blaming Technology: The Irrational Search for Scapegoats (1981), and The Civilized Engineer (1987). He was also a prolific essayist, penning hundreds of articles for a wide variety of journals, magazines, and newspapers beginning in 1959. He was also a regular columnist for MIT Technology Review for sixteen years.

Florman’s primary mission in his books and many of those essays was to defend the engineering profession against attacks emanating from various corners. More broadly, as he noted in a short autobiography on his personal website, Florman was interested in discussing, “the relationship of technology to the general culture.”

Florman could be considered a “rational optimist,” to borrow Matt Ridley’s notable term[1] for those of us who believe, as I have summarized elsewhere, that there is a symbiotic relationship between innovation, economic growth, pluralism, and human betterment.[2] Rational optimists are highly pragmatic and base their optimism on facts and historical analysis, not on dogmatism or blind faith in any particular viewpoint, ideology, or gut feeling. But they are unified in the belief that technological change is a crucial component of moving the needle on progress and prosperity.

Florman’s unique contribution to advancing rational optimism came in the way he itemized the various claims made by tech critics and then powerfully debunked each one of them. Continue reading →

Gabrielle Bauer, a Toronto-based medical writer, has just published one of the most concise explanations of what’s wrong with the precautionary principle that I have ever read. The precautionary principle, you will recall, generally refers to public policies that limit or even prohibit trial-and-error experimentation and risk-taking. Innovations are restricted until their creators can prove that they will not cause any harms or disruptions. In an essay for The New Atlantis entitled, “Danger: Caution Ahead,” Bauer uses the world’s recent experiences with COVID lockdowns as the backdrop for how society can sometimes take extreme caution too far, and create more serious dangers in the process. “The phrase ‘abundance of caution’ captures the precautionary principle in a more literary way,” Bauer notes. Indeed, another way to look at it is through the prism of the old saying, “better to be safe than sorry.” The problem, she correctly observes, is that, “extreme caution comes at a cost.” This is exactly right and it points to the profound trade-offs associated with precautionary principle thinking in practice.

In my own writing about the problems associated with the precautionary principle (see list of essays at bottom), I often like to paraphrase an ancient nugget of wisdom from St. Thomas Aquinas, who once noted in his Summa Theologica that, if the highest aim of a captain were merely to preserve their ship, then they would simply keep it in port forever. Of course, that is not the only goal of a captain has. The safety of the vessel and the crew is essential, of course, but captains brave the high seas because there are good reasons to take such risks. Most obviously, it might be how they make their living. But historically, captains have also taken to the seas as pioneering explorers, researchers, or even just thrill-seekers.

This was equally true when humans first decided to take to the air in balloons, blimps, airplanes, and rockets. A strict application of the precautionary principle would have instead told us we should keep our feet on the ground. Better to be safe than sorry! Thankfully, many brave souls ignored that advice and took the heavens in the spirit of exploration and adventure. As Wilbur Wright once famously said, “If you are looking for perfect safety, you would do well to sit on a fence and watch the birds.” Needless to say, humans would have never mastered the skies if the Wright brothers (and many others) had not gotten off the fence and taken the risks they did. Continue reading →

By: Jennifer Huddleston and Juan Martin Londoño

This year the E3 conference streamed live over Twitch, YouTube, and other online platforms—a reality that highlights the growing importance of platforms and user-generated content to the gaming industry. From streaming content on Twitch, to sharing mods on Steam Workshop, or funding small developing studios on services such as Patreon or Kickstarter, user-generated content has proven vital for the gaming ecosystem. While these platforms have allowed space for creative interaction—which we saw on the livestreams chats during E3—the legal framework that allows all of this interaction is under threat, and changes to a critical internet law could spell Game Over for user-created gaming elements.

 

This law, “Section 230,” is foundational to all user-generated content on the internet. Section 230 protects platforms from lawsuits over both the content they host as well as their moderation decisions, giving them the freedom to curate and create the kind of environment that best fits its customers. This policy is under attack, however, from policymakers on both sides of the aisle. Some Democrats argue platforms are not moderating enough content, thus allowing hate speech and voter suppression to thrive, while some Republicans believe platforms are moderating too much, which promotes “cancel culture” and the limitation of free speech.

 

User-generated content and the platforms that host it have contributed significantly to the growth of the gaming industry since the early days of the internet. This growth has only accelerated during the pandemic, as in 2020 the gaming industry grew 20 percent to a whopping $180 billion market. But changing Section 230 could seriously disrupt user-generated engagement with gaming, making content moderation costlier and riskier for some of gamers’ favorite platforms.

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[Updated: March 2022]

I was speaking at a conference recently and discussing my life’s work, which for 30 years has been focused on the importance of innovation and intellectual battles over what we mean progress. I put together up a short list of some things I have written over the last few years on this topic and thought I would just re-post them here. I will try to keep this regularly updated, at least for a few years.

UNDERSTANDING THE CHALLENGE WE FACE:

HOW WE MUST RESPOND = “Rational Optimism” / Right to Earn a Living / Permissionless Innovation

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The COVID-19 pandemic has shown how important technology is for enabling social distancing measures while staying connected to friends, family, school, and work. But for some, including a number of celebrities, it has also heightened fears of emerging technologies that could further improve our connectivity. The latest technopanic should not make us fear technology that has added so much to our lives and that promises to help us even more.

Celebrities such as Keri Hilson, John Cusack, and Woody Harrelson have repeated concerns about 5G—from how it could be weakening our immune systems to even causing this pandemic. These claims about 5G have gotten serious enough that Google banned ads with misleading health information regarding 5G, and Twitter has stated it will remove tweets with 5G and health misinformation that could potentially cause harm in light of the COVID-19 pandemic. 5G is not causing the current pandemic, nor has it been linked to other health concerns. As the director of American Public Health Association Dr. Georges C. Benjamin has stated, “COVID-19 is caused by a virus that came through a natural animal source and has no relation to 5G, or any radiation linked to technology.”  As the New York Times has pointed out, much of the non-COVID-19 5G health concerns originated from Russian propaganda news source RT or trace back to a single decades-old flawed study. In short, there is no evidence to support many of the outrageous health claims regarding 5G.

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Technopanics, Progress Studies, AI, spectrum, and privacy were hot topics at the Technology Liberation Front in the past year. Below are the most popular posts from 2019.

Glancing at our site metrics over the past 10 years, the biggest topics in the 2010s were technopanics, Bitcoin, net neutrality, the sharing economy, and broadband policy. Looking forward at the 2020s, I’ll hazard some predictions about what will be significant debates at the TLF: technopanics and antitrust, AVs, drones, and the future of work. I suspect that technology and federalism will be long-running issues in the next decade, particularly for drones, privacy, AVs, antitrust, and healthcare tech.

Enjoy 2019’s top 10, and Happy New Year.

10. 50 Years of Video Games & Moral Panics by Adam Thierer

I have a confession: I’m 50 years old and still completely in love with video games.

As a child of the 1970s, I straddled the divide between the old and new worlds of gaming. I was (and remain) obsessed with board and card games, which my family played avidly. But then Atari’s home version of “Pong” landed in 1976. The console had rudimentary graphics and controls, and just one game to play, but it was a revelation. After my uncle bought Pong for my cousins, our families and neighbors would gather round his tiny 20-inch television to watch two electronic paddles and a little dot move around the screen.

9. The Limits of AI in Predicting Human Action by Anne Hobson and Walter Stover

Let’s assume for a second that AIs could possess not only all relevant information about an individual, but also that individual’s knowledge. Even if companies somehow could gather this knowledge, it would only be a snapshot at a moment in time. Infinite converging factors can affect one’s next decision to not purchase a soda, even if your past purchase history suggests you will. Maybe you went to the store that day with a stomach ache. Maybe your doctor just warned you about the perils of high fructose corn syrup so you forgo your purchase. Maybe an AI-driven price raise causes you to react by finding an alternative seller.

In other words, when you interact with the market—for instance, going to the store to buy groceries—you are participating in a discovery process about your own preferences or willingness to pay.

8. Free-market spectrum policy and the C Band by Brent Skorup

A few years ago I would have definitely favored speed and the secondary market plan. I still lean towards that approach but I’m a little more on the fence after reading Richard Epstein’s work and others’ about the “public trust doctrine.” This is a traditional governance principle that requires public actors to receive fair value when disposing of public property. It prevents public institutions from giving discounted public property to friends and cronies. Clearly, cronyism isn’t the case here and FCC can’t undo what FCCs did generations ago in giving away spectrum. I think the need for speedy deployment trumps the windfall issue here, but it’s a closer call for me than in the past.

One proposal that hasn’t been contemplated with the C Band but might have merit is an overlay auction with a deadline. With such an auction, the FCC gives incumbent users a deadline to vacate a band (say, 5 years). The FCC then auctions flexible-use licenses in the band. The FCC receives the auction revenues and the winning bidders are allowed to deploy services immediately in the “white spaces” unoccupied by the incumbents. The winning bidders are allowed to pay the incumbents to move out before the deadline.

7. STELAR Expiration Warranted by Hance Haney

The retransmission fees were purposely set low to help the emerging satellite carriers get established in the marketplace when innovation in satellite technology still had a long way to go. Today the carriers are thriving business enterprises, and there is no need for them to continue receiving subsidies. Broadcasters, on the other hand, face unprecedented competition for advertising revenue that historically covered the entire cost of content production.

Today a broadcaster receives 28 cents per subscriber per month when a satellite carrier retransmits their local television signal. But the fair market value of that signal is actually $2.50, according to one estimate.

6. What is Progress Studies? by Adam Thierer

How do we shift cultural and political attitudes about innovation and progress in a more positive direction? Collison and Cowen explicitly state that the goal of Progress Studies transcends “mere comprehension” in that it should also look to “identify effective progress-increasing interventions and the extent to which they are adopted by universities, funding agencies, philanthropists, entrepreneurs, policy makers, and other institutions.”

But fostering social and political attitudes conducive to innovation is really more art than science. Specifically, it is the art of persuasion. Science can help us amass the facts proving the importance of innovation and progress to human improvement. Communicating those facts and ensuring that they infuse culture, institutions, and public policy is more challenging.

5. How Do You Value Data? A Reply To Jaron Lanier’s Op-Ed In The NYT by Will Rinehart

All of this is to say that there is no one single way to estimate the value of data.

As for the Lanier piece, here are some other things to consider:

A market for data already exists. It just doesn’t include a set of participants that Jaron wants to include, which are platform users.    

Will users want to be data entrepreneurs, looking for the best value for their data? Probably not. At best, they will hire an intermediary to do this, which is basically the job of the platforms already.

An underlying assumption is that the value of data is greater than the value advertisers are willing to pay for a slice of your attention. I’m not sure I agree with that.

Finally, how exactly do you write these kinds of laws?

4. Explaining the California Privacy Rights and Enforcement Act of 2020 by Ian Adams

As released, the initiative is equal parts privacy extremism and cynical-politics. Substantively, some will find elements to applaud in the CPREA, between prohibitions on the use of behavioral advertising and reputational risk assessment (all of which are deserving of their own critiques), but the operational structure of the CPREA is nothing short of disastrous. Here are some of the worst bits:

3. Best Practices for Public Policy Analysts by Adam Thierer

So, for whatever it’s worth, here are a few ideas about how to improve your content and your own brand as a public policy analyst. The first list is just some general tips I’ve learned from others after 25 years in the world of public policy. Following that, I have also included a separate set of notes I use for presentations focused specifically on how to prepare effective editorials and legislative testimony. There are many common recommendations on both lists, but I thought I would just post them both here together.

2. An Epic Moral Panic Over Social Media by Adam Thierer

Strangely, many elites, politicians, and parents forget that they, too, were once kids and that their generation was probably also considered hopelessly lost in the “vast wasteland” of whatever the popular technology or content of the day was. The Pessimists Archive podcast has documented dozens of examples of this reoccurring phenomenon. Each generation makes it through the panic du jour, only to turn around and start lambasting newer media or technologies that they worry might be rotting their kids to the core. While these panics come and go, the real danger is that they sometimes result in concrete policy actions that censor content or eliminate choices that the public enjoys. Such regulatory actions can also discourage the emergence of new choices.

1. How Conservatives Came to Favor the Fairness Doctrine & Net Neutrality by Adam Thierer

If I divided my time in Tech Policy Land into two big chunks of time, I’d say the biggest tech-related policy issue for conservatives during the first 15 years I was in the business (roughly 1990 – 2005) was preventing the resurrection of the so-called Fairness Doctrine. And the biggest issue during the second 15-year period (roughly 2005 – present) was stopping the imposition of “Net neutrality” mandates on the Internet. In both cases, conservatives vociferously blasted the notion that unelected government bureaucrats should sit in judgment of what constituted “fairness” in media or “neutrality” online.

Many conservatives are suddenly changing their tune, however.

The endless apocalyptic rhetoric surrounding Net Neutrality and many other tech policy debates proves there’s no downside to gloom-and-doomism as a rhetorical strategy. Being a techno-Jeremiah nets one enormous media exposure and even when such a person has been shown to be laughably wrong, the press comes back for more. Not only is there is no penalty for hyper-pessimistic punditry, but the press actually furthers the cause of such “fear entrepreneurs” by repeatedly showering them with attention and letting them double-down on their doomsday-ism. Bad news sells, for both the pundit and the press.

But what is most remarkable is that the press continues to label these preachers of the techno-apocalypse as “experts” despite a track record of failed predictions. I suppose it’s because, despite all the failed predictions, they are viewed as thoughtful & well-intentioned. It is another reminder that John Stuart Mill’s 1828 observation still holds true today: “I have observed that not the man who hopes when others despair, but the man who despairs when others hope, is admired by a large class of persons as a sage.”

Additional Reading:

CollegeHumor has created this amazing video, “Black Mirror Episodes from Medieval Times,” which is a fun parody of the relentless dystopianism of the Netflix show “Black Mirror.” If you haven’t watched Black Mirror, I encourage you to do so. It’s both great fun and ridiculously bleak and over-the-top in how it depicts modern or future technology destroying all that is good on God’s green earth.

The CollegeHumor team picks up on that and rewinds the clock about a 1,000 years to imagine how Black Mirror might have played out on a stage during the medieval period. The actors do quick skits showing how books become sentient, plows dig holes to Hell and unleash the devil, crossbows destroy the dexterity of archers, and labor-saving yokes divert people from godly pursuits. As one of the audience members says after watching all the episodes, “technology will truly be the ruin of us all!” That’s generally the message of not only Black Mirror, but the vast majority of modern science fiction writing about technology (and also a huge chunk of popular non-fiction writing, too.)

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I (Eye), Robot?

by on May 8, 2019 · 0 comments

[Originally published on the Mercatus Bridge blog on May 7, 2019.]

I became a little bit more of a cyborg this month with the addition of two new eyes—eye lenses, actually. Before I had even turned 50, the old lenses that Mother Nature gave me were already failing due to cataracts. But after having two operations this past month and getting artificial lenses installed, I am seeing clearly again thanks to the continuing miracles of modern medical technology.

Cataracts can be extraordinarily debilitating. One day you can see the world clearly, the next you wake up struggling to see through a cloudy ocular soup. It is like looking through a piece of cellophane wrap or a continuously unfocused camera.

If you depend on your eyes to make a living as most of us do, then cataracts make it a daily struggle to get even basic things done. I spend most of my time reading and writing each workday. Once the cataracts hit, I had to purchase a half-dozen pair of strong reading glasses and spread them out all over the place: in my office, house, car, gym bag, and so on. Without them, I was helpless.

Reading is especially difficult in dimly lit environments, and even with strong glasses you can forget about reading the fine print on anything. Every pillbox becomes a frightening adventure. I invested in a powerful magnifying glass to make sure I didn’t end up ingesting the wrong things.

For those afflicted with particularly bad cataracts, it becomes extraordinarily risky to drive or operate machinery. More mundane things—watching TV, tossing a ball with your kid, reading a menu at many restaurants, looking at art in a gallery—also become frustrating. Continue reading →