October 2008

I received the most fascinating email from a group called ASTRA just now. I don’t think I ever even heard of them before, but apparently I’m on their mailing list. ASTRA is the Alliance for Science and Technology Research in America, a nonprofit, tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code.

Most people know that non-profits are not allowed to lobby for passage or failure of legislation. So let me now share with you ASTRA’s email to me. It may not be orginated by ASTRA and there could be several innocent explanations, but on the surface this looks like a clear violation of non-profit rules by an over-excited Washington, D.C. supplicant group.

[Update: Cooler heads have it right. Non-profits are allowed to spend some percentage of their funds on lobbying. What I’ve noted here is an unclear violation of non-profit rules. What’s clear is that ASTRA is a big-government supplicant group not to be trusted by proponents of liberty and limited government.]

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Yesterday, the Senate passed S. 602, “The Child Safe Viewing Act of 2007,” which was introduced by Sen. Mark Pryor (D-AR) in February 2007. The bill requires the Federal Communications Commission (FCC) to study the market for “advance blocking technologies” (i.e., parental controls and rating systems) that parents can use to protect their kids from inappropriate content from various sources and platforms. On the surface, the measure seems harmless enough, but in practice, it could have some troubling long-term free speech implications if it leads to more government meddling with parental controls and ratings systems.

The measure requires the FCC to initiate a notice of inquiry to consider measures to examine:

  1. the existence and availability of advanced blocking technologies that are compatible with various communications devices or platforms;
  2. methods of encouraging the development, deployment, and use of such technology by parents that do not affect the packaging or pricing of a content provider’s offering; and
  3. the existence, availability, and use of parental empowerment tools and initiatives already in the market.

That all sounds harmless enough. Indeed, such a study could produce some useful information about the state of the parental controls marketplace.  (Of course, I could save them some taxpayer dollars and just send copies of my big Parental Controls & Online Child Safety report to all FCC officials!)

But it’s what comes next in the bill that causes me some heartburn. As part of the review mandated by the bill, S. 602 commands the FCC to “consider advanced blocking technologies that”:

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Note: Here’s a post I just put live at DrewClark.com. It refers to an upcoming conference that might be of interest to Tech Liberation readers. Make sure to follow the link to the bottom of the post for registration information for this FREE conference, to be held tomorrow, Friday, October 3, at 8:30 a.m.

If all goes according to plan, on February 17, 2009, television broadcasters will power down their analog transmitters. They will be broadcasting their signal only digitally.

After more than 20 years in the long transition to digital television, this might be considered progress. Now, millions of Americans are collecting vouchers from the Commerce Department to subsidize their purchase of converter boxes. These are the electronic devices that take the digital signals — and convert them back to analog — so that viewers without high-definition televisions can watch broadcast TV on their old sets.

What about the bigger questions? Is there any benefit to the public, or to consumers, from the transition to digital television? What about the vaunted visions of hundreds of broadcast channels, through multi-casting? What would be the new public-interest obligations, if any, of broadcasters? This question has definitely not been resolved.

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I recorded a video interview about the financial services bailout with Mark “Rzzn” Hopkins and Sean P. Aune of Mashable recently, focused particularly on the tech sector. We focused on making sense of things, something that hasn’t happened in Congress yet.

I think it’s pretty informative, and somewhat calming, as it should be. I’m less and less convinced that there’s a “crisis” that taxpayers ought to take pay for taking care of.

Shake-up

by on October 1, 2008 · 3 comments

I think this is the most amazing thing I’ve seen in week. Make sure you watch the whole thing. And I don’t want to spoil the ending, but be sure to play around with it when it gets to the end.

Manifesto for Media Freedom book coverI’m pleased to announce the publication of A Manifesto for Media Freedom, which I co-authored with Brian C. Anderson of the Manhattan Institute. Brian serves as editor of Manhattan Institute’s excellent City Journal and he is the author of best-selling books like South Park Conservatives and Democratic Capitalism and Its Discontents.

In this little manifesto, we highlight one of the central ironies of the Information Age.  Namely, that despite “the breathtaking abundance of new and old media outlets for obtaining news, information, and entertainment…”

many people hate this profusion, and never more than when it involves political speech. The current media market, they charge, doesn’t represent true diversity, or isn’t fair, or is subject to manipulation by a small and shrinking group of media barons. They want the government to regulate it into better shape, which just happens to be a shape that benefits them. Doing so… would be a disaster, a kind of soft or not-so-soft tyranny that would wipe out whole sectors of media, curtailing free speech and impoverishing our democracy.

In other words, instead of celebrating the unprecedented cornucopia of media choices at our collective disposal, many policymakers and media critics are calling for just as much media regulation as ever. We itemize these threats in our chapters and they include: efforts to revive the “Fairness Doctrine”, media ownership regulations, “localism” requirements, Net neutrality mandates, a la carte regulations, cable and satellite censorship, video game censorship, regulation of social networking sites, campaign finance-related speech restrictions, and so on.

In each case, we advance a pro-freedom paradigm to counter the advocates of media control. What do we mean by the “media freedom” that we advocate as the alternative to these new regulatory crusades? Here’s how we put it in the book:

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