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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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Over the weekend, the always-terrific Lenore Skenazy published a provocative editorial in Forbes entitled, “Shred Your Sex Offender Map.”  (For more on Skenazy, see my review of her amazing book Free-Range Kids here last year). In her Forbes essay, Skenazy argues that, as currently constructed, America’s sex offender registries “are making our kids LESS safe.”  How can that possibly be?  I explained why in a lengthy essay on this topic I penned last summer entitled, Rethinking ‘Sex Crimes’ and Sex Offender Registries.” In it, I made an argument similar to Lenore’s. In a nutshell, if we really want to keep kids safe from real sex offenders, we need to completely rethink the way we define and punish sex offenses in this country because a significant percentage of the people listed on sex offender registries pose almost no threat to children, making it difficult for us to know who really does pose a threat to our kids and what we should do about them.

Consider two groups of people. Let’s call Group #1 the “petty sex crime crowd.” This would include anyone convicted of  indecent exposure (streaking / public nudity / public urination); a 19-year-old teen who gets caught having sex with a 17-year-old girlfriend; two gay men who had consensual sex in a state where sodomy was previously illegal; etc, etc.  The crucial distinction for this group is that their actions were consensual and non-violent. No serious harm came from their actions, even if some of these activities are less than socially desirable.  Now, let’s talk about Group #2: violent rapists, child molesters, child pornographers, and other creeps who sexually abused people (or even animals!) These people are the wretched scum of the Earth.

Anyway, here’s the first problem with the current sex offender registries: Group 1 and Group 2 are all mixed together! There’s a word for this: Insanity.  How in the hell did it ever come to pass that non-violent, consensual sex “offenders” got stuck on the same list as sadists, pedophiles, rapists, and other violent, evil scum?  Honestly, I don’t know and I don’t care. I just want that nonsense to end and end right now because as I noted in my earlier essay and Lenore argues in her’s, this means current sex offender lists / maps are largely worthless to parents like me unless I take the time to drill down into the details of who was guilty of what.  (Even when you do, it can still be confusing since some crimes aren’t made clear).  But the public is basically being subjected to a panic attack when they hear sex offender registry numbers or see maps of sex offenders in their neighborhood because the overall number of “offenders on the lists,” or dots on the offender maps, is being artificially raised by the presence of Group 1 “offenders.”

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book stackSo, did the decade just end or do we have another year to go? Honestly, I’ve never understood when the cut-off is from one decade to the next. (My friend Larry Magid struggles with the same question in his recent column on “The Decade in Technology.”) Nonetheless, I’ve seen a lot of best-of-decade lists published recently, so I thought I would throw my own out there even though it is still a work in progress.

I have been attempting to compile the definitive bibliography for our digital decade—the definitive list of Internet policy books, that is. I started throwing this together two years ago when I was penning my list of “The Most Important Internet Policy Books of 2008” and continued to work on it as I was finishing up my 2009 installment as well. I grabbed every book off my shelf that dealt with the future of the Internet and the impact the Digital Revolution is having on our lives, culture, and economy and threw the title and a link onto this list. (I’m also using the list to help structure my thoughts for a forthcoming book of my own on Internet Optimists vs. Pessimists, something I’ve been writing a lot about here in recent years.)

Below you will find what I’ve got so far. There are around 80 90 books on the list. I’ve divided the list by year, but you may be wondering what determined the order the books appear in. In essence, I’ve listed what I feel are the 1 or 2 most important titles first and then just added others randomly. Eventually, I plan to post a “Most Important Internet Policy Books of the Decade” list outlining which titles I believe have been the most influential. I suspect I’ll name Benkler’s Wealth of Networks to the top slot followed closely by Zittrain’s The Future of the Internet, Lessig’s Free Culture, and Chris Anderson’s The Long Tail. Anyway, that’s for another day.

For now, I would just like to ask for reader suggestions regarding what other titles that should appear on this list. I will add titles as they come in. I want to stress, however, that I am trying to keep this list limited to books that have something to say about Internet policy (cyber-law, digital economics, information technology politics, etc).

I hope others find this useful.  And yes, I have read all most of the books on this list!  As I’ve noted here before, I’m a bit of book nerd.  (Now that I’ve received so many helpful additions to the list, there are some titles on the list I have not had a chance to read through yet). Continue reading →

The Economist magazine has just released an important feature article entitled, “Sex Laws: Unjust and Ineffective.” In an indirect way, the article makes a point that I have been trying to get across in my work on this issue: If you want to keep your kids safe from real sex offenders, we need to scrap our current sex offender registries and completely rethink the way we define and punish sex offenses in this country.  That’s because, currently, a significant percentage of those people listed in sex offender registries pose almost no threat to children, making it difficult for us to know who really does pose a threat to our kids and what we should do about them.

Simply stated, we’ve dumbed-down the notion of “sex crimes” in this country. As a nation, we have foolishly come to equate almost all sex offenses equally.  While sex offender registry laws vary from state to state, many basically say that that two teens caught engaging in consensual oral sex in high school belong on the same list alongside child rapists. That is insanity. And it leaves many in the public, especially parents, thinking that the whole world is full of predators lurking on every corner just waiting to snatch, rape, and kill their children. [ For the actual facts, see the appendix I have included down below: “Is America Suffering from a National Child Abduction Epidemic”?]  In reality, as The Economist feature story points out, the truth is quite different: Continue reading →