Are Digital Generativity and Openness Overrated?

by Adam Thierer on February 23, 2010 · Comments

So, do I need to remind everyone of my ongoing rants about Jonathan Zittrain’s misguided theory about the death of digital generativity because of the supposed rise of “sterile, tethered” devices? I hope not, because even I am getting sick of hearing myself talk about it. But here again anyway is the obligatory listing of all my tirades: 1, 2, 3, 4, 5, 6, 7, 8 + video and my 2-part debate with Lessig and him last year.

You will recall that the central villain in Zittrain’s drama The Future of the Internet and How to Stop It is big bad Steve Jobs and his wicked little iPhone. And then, more recently, Jonathan has fretted over those supposed fiends at Facebook. Zittrain’s worries that “we can get locked into these platforms” and that “markets [will] coalesce [around] these tamer gated communities,” making it easier for both corporations and governments to control us.  More generally, Zittrain just doesn’t seem to like that some people don’t always opt for the same wide open general purpose PC experience that he exalts as the ideal. As I noted in my original review of his book, Jonathan doesn’t seem to appreciate that it may be perfectly rational for some people to seek stability and security in digital devices and their networking experiences—even if they find those solutions in the form of “tethered appliances” or “sterile” networks, to use his parlance.

Every once and awhile I find a sharp piece by someone out there who is willing to admit that they see nothing wrong with such “closed” platforms or devices, or they even argue that those approaches can be superior to the more “open” devices and platforms out there. That’s the case with this Harry McCracken rant over at Technologizer today with the entertaining title, “The Verizon Droid is a Loaf of Day-Old Bread.” McCracken goes really hard on the Droid — which hurts because I own one! — and I’m not sure I entirely agree with his complaint about it, but what’s striking is how it represents the antithesis of Zittrainianism:  Continue reading →

Comments Posted in: Innovation & Entrepreneurship, What We're Reading

Smart-Sign Technology: Retail Marketing Gets Sophisticated, But Will Regulation Kill It First?

by Adam Thierer on January 12, 2010 · Comments

Today I appeared on CNBC [video here and embedded down below] to discuss concerns about emerging “smart-sign” technology, which could give rise to a new generation of interactive retail advertising and marketing efforts. This is in the news because, as Don Clark and Nick Wingfield report today in The Wall Street Journal (“Intel, Microsoft Offer Smart-Sign Technology: Retailers, Product Marketers Could Discern Viewer, Make Choices on What to Display and Transfer Coupons Via Phone“), Intel and Microsoft have announced that:

they will collaborate to help companies create and use new forms of digital signs. By exploiting Intel chips and Microsoft software, the companies hope to bring more interactivity to such devices and help retailers customized marketing offers to consumers.

Signs equipped with cameras and specialized software could recognize the age, gender and height of people in front of them, and tell what products and images received the most attention, the companies said. By gathering information about which messages are more effective, they add, traditional retailers could develop marketing approaches that better counter Web-based competitors. “Every year retailers lose more ground to online [sellers], and they have to do something about that,” said Joe Jensen, general manager of Intel’s embedded computing division.

Down below, I have jotted down a couple of thoughts about the rise of “digital signage” and more targeted forms of retail marketing, only a few of which I was able to get across in this short TV spot. I think it’s an exciting new development for both retailers and consumers for the reasons I explain down below:

Continue reading →

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

How Did We Live Without These Technologies 10 Years Ago!

by Adam Thierer on January 1, 2010 · Comments

Over at Silicon Alley Insider, Gregory Galant has a wonderful post about “18 Awesome Tech Things We Didn’t Have 10 Years Ago.” It serves as another great example of the amazing technological progress we have witnessed over the past decade.  He’s asking people for suggestions for what else should be on the list, so head over there and let him know. Seems like wi-fi technologies should be on there somehow. FiOS deserves a shout-out, too. And where’s Firefox & Chrome? Also, I’ll put in a special word for some amazing new home theater technologies: high-def flat-screens and projectors; media servers & Windows Media Center; BluRay; and 3 incredible gaming / media consoles (Wii, PS3, & XBox). Anyway, here’s Galant’s list:

Wikipedia
Gmail
Facebook
YouTube
Twitter
AdWords
Amazon AWS
RSS (started in ‘99 but didn’t catch on till the ’00s)
Meetup
iPod
Google Maps
Podcasts
Mint
Skype/VOIP
iPhone
Google Docs
Creative Commons
Flickr

Comments Posted in: Technology, Business & Cool Toys

What an Amazing Decade (of Technological Progress)!

by Adam Thierer on December 29, 2009 · Comments

My friend Larry Magid, a technology columnist for CBS News.com and others, has a wonderful new column out about “The Decade in Technology.”  You have to read it to appreciate just how far we have come in such a short time. Larry notes:

[T]he past 10 years were a momentous period for technology.  Not only was there no iPhone a decade ago, there was hardly anything that could be considered a smartphone. The BlackBerry was introduced in 1999, when the well-heeled techno-savvy were carrying around flip phones. That year, 1999, was the height of the dot-com boom. But when you look back at it, the online world was nothing like it is today. There was no Facebook (founded in 2004) or Twitter (2007). Even MySpace wasn’t founded until 2003. The term Web 2.0 hadn’t been coined and most people who were online used the Web mostly to consume information. Those with the skills and resources to post to the Web were called “Webmasters.” Today, everyone with a Facebook account is a master of his or her own Web.

I tried to document the incredible technological changes in my own life over the past decade in this essay I penned on Super Bowl Sunday last February: “10 Years Ago Today… (Thinking About Technological Progress).”

Larry also notes that giants came and went as technology continued to evolve in unexpected ways:

Ten years ago AOL was the most popular Internet service provider and was so successful that it was able to purchase media giant Time Warner in January 2000 for $182 billion in stock. But the marriage didn’t make it through the decade. The two companies formally split up this month, with AOL, once again, being traded on the New York Stock Exchange as a separate company. AOL thrived in the ’90s because people were using the service to go online via phone. Today most American homes have broadband.

That’s something I wrote about at length in my recent paper on “A Brief History of Media Merger Hysteria.”  Anyway, read Larry’s entire piece. It really drives home how lucky we are to be living in the midst of such at technological renaissance and information cornucopia.

Comments Posted in: Technology, Business & Cool Toys, What We're Reading

The 10 Most Important Info-Tech Policy Books of 2009

by Adam Thierer on December 19, 2009 · Comments

2009 was not as big of a year for Internet and information technology (“info-tech”) policy books as 2008 was, but there were still some notable titles released that offered interesting perspectives about the future of the Net and the impact the Digital Revolution is having on our lives, culture, and economy.  So, like last year, I figured I would throw together my list of the 10 most important info-tech policy books of the year.

book covers collage 2009First, let me repeat a few of the same caveats and disclaimers that I set forth last year.  What qualifies as an “important” info-tech policy book? Simply put, it’s a title that many people are currently discussing and that we will likely be referencing for many years to come.  However, I want to be clear that merely because a book appears on my list it does not necessarily mean I agree with everything said in it. In fact, as was the case in previous years, I found much with which to disagree in my picks for the most important books of 2009 and I find that the cyber-libertarianism I subscribe to has very few fans out there.

Another caveat: Narrowly-focused titles lose a few points on my list. For example, if a book deals mostly with privacy issues, copyright law, or antitrust policy, it does not exactly qualify as the same sort of “tech policy book” as other titles found on this list since it is a narrow exploration of just one set of issues with a bearing on technology policy.

With those caveats in mind, here are my choices for the Most Important Info-Tech Policy Books of 2009. Continue reading →

Comments Posted in: Digital Policy Reading List, What We're Reading

The First Amendment & Net Neutrality: Be Careful What You Wish For

by Adam Thierer on December 17, 2009 · Comments

Robert Corn-RevereAs I noted here a few days ago, the Federal Communications Commission held a workshop on Tuesday about “Speech, Democratic Engagement, and the Open Internet.”  It was a shockingly one-sided affair with the deck being stacked almost entirely in favor of advocates of Net neutrality regulation. Worse yet, those advocates shamelessly made up spooky stories about a future of “private censorship” that could only be remedied by using the First Amendment as a club to beat private players into submission. The token opposition at this Chicken Little circus was Robert Corn-Revere, a Partner at the law firm of Davis Wright Tremaine LLP in Washington, D.C.   Bob set the record straight–both in terms of baseless accusations that were flying that day as well as the revisionist histories of the First Amendment that were being put forward. I’m happy to report that Bob allowed PFF to reprint his remarks as a new white paper entitled, “The First Amendment, the Internet & Net Neutrality: Be Careful What You Wish For.”

In his essay, Corn-Revere discusses the relationship between the First Amendment and regulatory policy, particularly the treatment of new communications technologies, and he warns that government regulation of broadband networks could “provide the vehicle for advancing new First Amendment theories for media regulation” and online speech and expression more generally.  “It should not be forgotten,” he argues, “that the federal government’s initial impulse was to censor the Internet and to subject it to a far lower level of First Amendment protection. It pursued this agenda for more than a decade but was blocked by a series of First Amendment rulings.”  The Communications Decency Act and the Child Online Protection Act are just two notable examples. Luckily, the courts determined that “the open Internet would be at great risk if the government is allowed to exercise such power,” he notes, and they struck down such laws.

Continue reading →

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

Best Internet & Digital Technology Policy Reporters on Twitter

by Adam Thierer on November 19, 2009 · Comments

Yo people, help me build this list of the best Internet and digital technology (“Info-Tech”) policy reporters on Twitter:

http://twitter.com/AdamThierer/infotech-policy-reporters/members

I’m trying to make sure I’m following the best reporters out there who cover public policy developments related to the Internet, cyberlaw, digital media, and so on. I’ve got just under 50 reporters on there currently, but I’m sure I’m missing some.  I would love to get some other suggestions about who is missing from my list, and I encourage others to follow my list if they find it a useful way to keep track of some of the best reporters on this beat.

Incidentally, I do understand it is hard to define exactly who counts as a “reporter” these days, but my general rule of thumb here is that (I think) almost everybody on my list actually gets paid to write about these issues.  In other words, I kept tech policy bloggers off this list. There’s just too many of them to count.

Comments Posted in: Miscellaneous

Son of COPA?: H.R. 4059, “The Online Age Verification and Child Safety Act”

by Adam Thierer on November 18, 2009 · Comments

Rep. Bart Stupak, (D-MI) recently introduced the ‘‘Online Age Verification and Child Safety Act’’ (H.R. 4059), which would require mandatory online age verification for “any pornographic website accessible by any computer located within the United States to display any pornographic material, including free content that may be available prior to the purchase of a subscription or product.”  The measure does not specify how such verification is to be administered, saying only that “any website or online service” must “establish and maintain a system of internal policies, procedures and controls to ensure that no such material is displayed to any user attempting to access their site without first verifying that the user is 18 years or older.”

In essence, the Stupak bill is the “Son of COPA,” or the Child Online Protection Act of 1998, a law that has been constitutionally tested and come up short during an epic, decade-long legal battle in which it was made clear that mandatory age verification is unwise, unworkable, and unconstitutional under the First Amendment.

COPA sought to make it a crime for someone to “knowingly” place materials online that were “harmful to minors.” The law provided an affirmative defense from prosecution, however, to those parties who made a “good faith” effort to “restrict[ ] access by minors to material that is harmful to minors” using credit cards or age verification schemes. COPA was immediately challenge, however, and a 10-year court battle ensued.  The law was blocked by lower courts because it was too sweeping in effect and because courts held that there were other “less restrictive means” that parents could use to deal with objectionable content — such as Internet filters.

COPA’s decade-long legal battle finally concluded in January 2009 when the U.S. Supreme Court refused to revisit the law.  COPA had already been reviewed by the Supreme Court twice before — in 2002 and 2004.  Thus, a third visit to the Supreme Court by COPA would have been something of a historical development in the world of First Amendment jurisprudence. But with the Supreme Court’s rejection of the government’s appeal in January, lower court rulings stood and COPA remained unconstitutional and unenforceable. The key recent legal battle occurred in the Third Circuit Court of Appeals, which upheld a lower court ruling striking down COPA. The Third Circuit’s full decision is here. And I penned a 3-part series on the lower court ruling by Judge Lowell Reed Jr., senior judge of the U.S. District Court for the Eastern District of Pennsylvania, here, here, and here. Also make sure to check out this summary of COPA’s legal journey that Alex Harris penned last November.

Many, many times here before I have documented my serious ongoing reservations about mandatory age verification.  [In particular, see this lengthy white paper and this event transcript for all the details.]  Moreover, as I pointed out in a recent PFF white paper (“Five Online Safety Task Forces Agree: Education, Empowerment & Self-Regulation Are the Answer“), every major online safety task force that has studied the possibility of mandatory age verification for the Internet has come to the same conclusion: It won’t work, it’s unconstitutional, and it raises serious privacy concerns. Down below the fold I have pulled some of the relevant language from the five online safety task forces that have met since 2000 and considered this issue.  Continue reading →

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

Heading to Oxford Univ. for Forum on “Child Protection, Free Speech and the Internet”

by Adam Thierer on September 29, 2009 · Comments

Oxford UniversityI’ll be heading to Oxford University this week to participate in an Oxford Internet Institute (OII) forum on the subject of “Child Protection, Free Speech and the Internet: Mapping the Territory and Limitations of Common Ground.”  It’s being led by several experts from the OII as well as my good friends John Morris and Leslie Harris of the Center for Democracy & Technology (CDT).  The aims of this forum are:

  • To facilitate a dialogue between NGOs campaigning to protect respectively, child protection and children’s rights online, and freedom of speech and other civil liberties online.
  • To promote a better understanding of each others’ positions, to share perspectives and information with a view to identifying areas of common ground and areas of disagreement.
  • To identify any shared policy goals, and possible tools to support the achievement of those goals.
  • To publicize the findings of the forum in international policy debates about Internet governance and regulation.

Conference participants were asked to submit a 2-3 pg summary of their views on a couple of questions that will be discussed at this event.  I have listed those questions, and my answers, down below the fold.  It’s my best attempt to date to succinctly outline my views about how to balance content concerns and free speech issues going forward.  Continue reading →

Comments Posted in: First Amendment, Free Speech & Online Child Safety, Intermediary Deputization & Section 230

Retweet the Revolution: Help Spread the TLF’s Message on Twitter!

by Berin Szoka on September 8, 2009 · Comments

You might have noticed that we’ve added a Tweetmeme button at the top of each TLF post showing how many times each post has been “retweeted” on Twitter. If you like a TLF post, please take a second to retweet it. Retweeting is an easy way to spread the TLF’s message that politicians should keep their hands off the ‘Net and everything else related to technology! Here are three ways you can help us with viral marketing the message of technology freedom:

  1. If you’re already signed into Twitter, clicking the green “retweet” button will take you to Twitter with a retweet ready to go (“RT @techliberation <post title> <tinyurl>”). You just have to click “Update.”
  2. You can make retweeting even easier—just one click!—by connecting your Twitter account with Tweetmeme. Just sign in to Tweetmeme with your Twitter log-in and select “Allow” to enable TweetMeme to automatically send your retweets to your Twitter account.
  3. You can tweet your comments on our posts by logging in with your Twitter account or using a Disqus account (assuming you’ve linked Twitter to your Disqus Profile). Each tweeted comment will count as a retweet of the post.

If you click the gray tweetcount button, you’ll be taken to Tweetmeme statistics about that particular post. One of my posts last week really took off, getting over 150 retweets! You can follow the TLF on twitter here and find links to individual TLF authors’ feeds here.

If you’re not already on Twitter, you can use but Tweet counts as an indicator of which TLF posts are hottest. But what are you waiting for, anyway? You’d better claim your name on Twitter before someone else does! It’s easy to set up an account and free, of course, and you can add followers from your webmail contacts. If nothing else, you can easily pipe your Tweets into Facebook as status updates. If you think Twitter is a stupid fad, Kevin Spacey and David Letterman may agree with you. But what do they really know about technology?

Comments Posted in: TLF