A few months ago, Adam Thierer penned The Pragmatic (Internet) Optimist’s Creed in response to calls from “Internet pessimists” for increased regulation of the Internet on many fronts. Adam’s recent 4-way debate with pessimists Larry Lessig and Jonathan Zittrain (as well as optimist Declan McCullagh) inspired me to pen the following cheeky homage to Lessig, the Father of Internet Pessimism, whose work has launched a thousand efforts to increase government control of the Internet in the name, ironically, of “freedom:”
Our Lessig, who art in Harvard,
Hallowed be thy blog.
Thy Free Culture come.
Thy Code be done,
In Washington as it is in thy Ivory Tower.
Give us this day our Net Neutrality.
And forgive us our trespasses against Internet Openness,
As we forgive those who question thy genius,
And lead us not into trusted systems of perfect control,
But deliver us from digital rights management and architectures of identity.
For thine is the wisdom,
and the clairvoyance, and the coolness,
for ever and ever.
Amen.
Lest I become the Salman Rushdie of pragmatic Internet optimists/regulatory-skeptics, let me emphasize that my techno-blasphemy is meant in good humor. But then, that’s probably what poor Rushdie said…
There’s a movement afoot in Congress to advance legislation that would eviscerate the Commerce Clause of the Constitution, empower a state-based tax cartel, and potentially decimate the Internet economy in the process. Business Week has the details:
In the next week, legislators are expected to introduce bills in the House and Senate promising to do away with the “physical presence” requirement. If a bill passes — and that’s a big “if” — it would require all online retailers, except for the tiniest companies, to collect sales taxes in the 23 states that are part of the Streamlined Sales Tax Project. The states would compensate the retailers for the trouble, while promising not to sue them for tax collection mistakes that are made.
The Streamlined Sales Tax Project, or “SSTP”, sounds good in theory but would be disastrous in practice. Michael Graham of the Boston Herald penned an editorial about the SSTP today and he does a nice job pointing out why, when it comes to “tax simplification,” the devil is always in the details and those details are typically anything but “simple” (or taxpayer-friendly for that matter).
The real danger of the SSTP, however, is what it means for the Constitution and tax competition among the states. In this 2003 paper I penned with Veronique de Rugy for the Cato Institute, we showed why the SSTP would not only fail to simplify the sales tax code, but would actually cede dangerous taxing powers to state and local governments over the interstate marketplace. In the process, Veronique and I argued, a multi-state sales tax cartel would be spawned: Continue reading →
On this week’s show, we discuss government transparency—a topic a number of us here at the TLF have written about lately. Among other things, we discuss:
- Why transparency is important
- What data the government should provide and how
- Good and bad examples of transparency
- President Obama’s promise to have the most accountable administration in history
- Obama’s plans to appoint a Chief Technology Officer
My guests for this show are:
You can subscribe to our podcast here or through iTunes here. Or, you can play or download this podcast using the online player below.
TPW 40: Obama, e-Government & Transparency [31:50m]:
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I used to have a (semi-crazy) uncle who typically began conversations with lame jokes or bad riddles. This sounds like one he might have used had he lived long enough: What do Thomas Jefferson, a moose, and cyberspace have in common?
The answer to that question can be found in a new book, In Search of Jefferson’s Moose: Notes on the State of Cyberspace, by David G. Post, a Professor of Law at Temple University. Post, who teaches IP and cyberspace law at Temple, is widely regarded as one of the intellectual fathers of the “Internet exceptionalist” school of thinking about cyberlaw. Basically, Post sees this place we call “cyberspace” as something truly new, unique, and potentially worthy of some special consideration, or even somewhat different ground rules than we apply in meatspace. More on that in a bit.
[Full disclosure: Post's work was quite influential on my own thinking during the late 1990s, so much so that when I joined the Cato Institute in 2000, one of the first things I did was invite David to become an adjunct scholar with Cato. He graciously accepted and remains a Cato adjunct scholar today. Incidentally, Cato is hosting a book forum for him on February 4th that I encourage you to attend or watch online. Anyway, it's always difficult to be perfectly objective when you know and admire someone, but I will try to do so here.]
Post’s book is essentially an extended love letter — to both cyberspace and Jefferson. Problem is, as Post even admits at the end, it’s tough to know which subject this book is suppose to teach us more about. The book loses focus at times — especially in the first 100 pages — as Post meanders between historical tidbits of Jefferson’s life and thinking and what it all means for cyberspace. But the early focus is on TJ. Thus, those who pick up the book expecting to be immediately immersed in cyber-policy discussions may be a bit disappointed at first. As a fellow Jefferson fanatic, however, I found all this history terrifically entertaining, whether it was the story of Jefferson’s Plow and his other agricultural inventions and insights, TJ’s unique interest in science (including cryptography), or that big moose of his.
OK, so what’s the deal with the moose? When TJ was serving as a minister to France in in the late 1780s, at considerable expense to himself, he had the complete skeleton, skin and horns of a massive American moose shipped to the lobby of his Paris hotel. Basically, Jefferson wanted to make a bold statement to his French hosts about this New World he came from and wake them up to the fact that some very exciting things were happening over there that they should be paying attention to. That’s one hell of way to make a statement!
Continue reading →
Jason Kuznicki of the Cato Institute is asking some very sharp questions about Jonathan Zittrain’s book The Future of the Internet and How to Stop. He’s echoing a lot of the same concerns and criticisms I have raised here many times before about how overblown Zittrain’s fears are regarding the supposed death of digital generativity and online openness. Kuznicki argues:
First, the example he uses is far from perfect. The Internet abounds with descriptions of iPhone hacks, many of them well-documented and remarkably successful. The menacing control exists, but it’s often a paper tiger. And although Apple didn’t originally publish an iPhone software development kit, it does now. So which one is it? Is the iPhone still not hacky enough? Or should we find another, better example? But the hacking community delights in finding supposedly uncrackable devices, and in cracking them — often within days of release. Offhand, I can’t think of a single recently released Internet-enabled device that someone hasn’t hacked. (Another of Zittrain’s purported bad examples, the Xbox 360, supports an avid hacking community, albeit with far less support from Microsoft. It isn’t a community for everyone, but then, hacking isn’t for everyone. Neither is macrame.)
Continue reading →
The Federal Trade Commission has announced that it will hold “a series of public hearings beginning on December 5, 2008, in Washington, D.C., to explore the evolving market for intellectual property (IP).”
It’s timely, then, that we will be having a forum Monday on a provocative book whose thesis is the title: Against Intellectual Monopoly. Co-author Michele Boldrin will present the book, and Rob Atkinson of the Information Technology and Innovation Foundation will critique it.
Highlighting one of the issues at Monday’s forum, the Arts+Labs blog points to Atkinson’s testimony about the value of American intellectual property on the export market. Over 50 percent of U.S. exports depend on some form of IP protection, according to Rob Atkinson.
It’ll be a good, interesting discussion. Register here now.
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Posted in: Copyright, Internet Governance & ICANN, Media Regulation, Philosophy & Cyber-Libertarianism 
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