Back in June, Adam Thierer and I denounced (PDF) Kevin Martin’s plans to create broadband utility to provide censored (and very slow) broadband for free to all Americans. The WSJ reports that this scheme is now at the top of Martin’s December agenda:
The proposal to allow a no-smut, free wireless Internet service is part of a proposal to auction off a chunk of airwaves. The winning bidder would be required to set aside a quarter of the airwaves for a free Internet service. The winner could establish a paid service that would have a fast wireless Internet connection. The free service could be slower and would be required to filter out pornography and other material not suitable for children. The FCC’s proposal mirrors a plan offered by M2Z Networks Inc., a start-up backed by Kleiner Perkins Caufield & Byers partner John Doerr.
Adam’s August follow-up piece is also well worth reading.
One could speculate as to how big an impact this service would really have. Having just spent two weeks “wardriving” around Paris, Abu Dhabi and Dubai (looking for open wi-fi hotspots to try to get Internet access on my otherwise non-functional smart phone), I could certainly imagine scenarios in which some people might well use even a slow wireless service at least as a supplement to another provider–if their devices supported it. But however useful the service might be to some people, and whether any company would actually want to build such a system in the first place if they have to give away such service, I think it’s a safe bet that if this is actually implemented, it will represent a victory for government censorship over content some people don’t like.
If this idea is still alive and kicking when the Obama administration has security escort Martin out of FCC headquarters in January–to hearty applause from nearly all quarters in Washington, no doubt–it will be interesting to see which impulse prevails on the Left, both within the new Administration and in the policy community. Will the defenders of free expression triumph over those who see ensuring free broadband as a social justice issue? Or will those on the Left who usually joining us in opposing censorship simply remain silent as the government extends the architecture of censoring the “public airways” onto the Net (where the underlying rationale of traditional broadcast regulation–that parents are powerless–does not apply)?
Hope springs eternal.
I’m finishing up Stanford Law School professor Lawrence Lessig’s latest book, Remix: Making Art and Commerce Thrive in the Hybrid Economy and wanted to make a brief comment about his call for a “simple blanket license” to solve online music piracy.
Overall, I thought Prof. Lessig made a good case regarding the benefits of “remix culture” and why copyright law should leave breathing room for the various derivative works of amateur creators. On the other hand, Lessig still too often blurs remix culture with “ripoff culture” (i.e., those who aren’t out to create anything new but instead just take something without paying a penny for it).
To solve that latter problem, Lessig again endorses a proposal that William Fisher, Electronic Frontier Foundation, and others have made for collective licensing of all online music, but he fails to drill down into the devilish details. He says, for example, that “by authorizing a simple blanket licensing procedure, whereby users could, for a low fee, buy the right to freely file-share” we could “decriminalize file sharing.” (p. 271)
I respect the fact that Lessig is at least acknowledging a problem exists and proposing a solution to it, but the collective licensing approach will be anything but “simple” in practice. As I have pointed out here before, collective licensing proposals and efforts almost always become compulsory in practice. They inevitably involve government mandates to determine (1) who pays in, (2) how much they pay in, as well as (3) how much gets paid out and, (4) who gets the money.
Continue reading →
(Before you finish reading this, if you’re in D.C., you’ll want to sign up for this policy forum.)
Ben Goddard’s most recent column in The Hill is called “Obama Marketing Lesson,” and he reviews how the Internet and savvy use of media energized President-Elect Obama’s campaign effort. “[S]ocial networks have returned as one of the most powerful forces in politics,” he says.
President-elect Obama has a database of some 10 million names and e-mail addresses, and those who built it have made clear they’ll activate that army to support the new president. MoveOn.org is already preparing its supporters to advocate for progressive policies. Groups like Divided We Fail, Healthcare for America Now! and the American Medical Association are already running television and online campaigns to advocate for healthcare reform.
(Goddard will be lending some of his insights about communications strategies to secure the country against fear and overreaction at our January conference on counterterrorism strategy, by the way.)
The substance of the campaigns he talks about might be far from encouraging for libertarians. None of these are limited government advocates. Politicized online social networks could be the agar in which a new mobocracy grows – something our republican form of government was designed to prevent.
Continue reading →
Just FYI… We’ve created a new category for all our video game-related essays here on the TLF. You can now find all that stuff here. From now on, you’ll be able to find that tag on the list of categories over there on the right hand side of the page.
Do we have any Australian TLF readers out there? If so, I’d be interested in their input about how well video game censorship works down under.
I follow Australian content regulation via the wonderful “Somebody Think of the Children!” blog, operated by Michael Meloni of Brisbane, Australia. (Mike, if you’re listening, you have at least one big fan here in the U.S. and thank you for keeping the rest of us up-to-speed about censorship developments on the other side of the globe!) This week, Mike reports that another video game (“F.E.A.R. 2”) was refused classification by the Australian government’s Classification Board. Apparently, the “refused classification” designation is the equivalent of a ban in Australia. And F.E.A.R. 2 is the fifth game to receive that designation in 2008. (Other games that have been censored, or subject to some sort of political investigation or pressure, are inventoried at the “Refused Classification.com” website.)
First, let me just say that this again reminds me how lucky we are to have strong free speech protections here in the United States thanks to the First Amendment of our Constitution. I do so much bitching about efforts to regulate speech and media content (especially video games) that I sometimes fail to step back and appreciate how fortunate we are here in the U.S. to not have to worry about an official government ratings body overseeing all game releases. This really hit home for me when I read that “Fallout 3” was one of the 5 games banned this year. It’s a brilliant game and I just can believe it would be censored such that the Australian public could not play the same version of it that I can.
Second, I’m wondering how well these bans work in Australia. A big part of my research on speech regulation is focused on the practicality of censorship in the modern Information Age. [See my “End of Censorship” essay.] Thus — taking off my advocate hat and putting on my academic hat — I would be very interested in hearing from Australians about how effective these regulatory schemes are in practice. Can you still get games from overseas and play them on consoles and PCs in Australia? Do you download uncensored versions (either legally or illegally)? Does the government take steps to stem the flow of unregulated content? Or, are most citizens willing to just played the censored version of games that the Australian government eventually authorizes? Have there been academic studies done on the practical side of content censorship in Australia?
You get the idea. Any input would be greatly appreciated.
[Note: I have also been following the Australian government’s big recent push for centralized Internet filtering. Would be interested in input as that as well from Australians citizens.]