This afternoon at the New America Foundation, Jonathan Zittrain and I engaged in a spirited debate about his provocative new book, The Future of the Internet and How to Stop It. As always, Jonathan gave an us an interesting and highly entertaining show, and it was a great honor for me to be given the opportunity to provide some feedback about his book. I’ve been quite critical of the thesis that Jonathan sets forth in his book, and I have discussed my reservations in a lengthy book review and a series of follow-up essays here and elsewhere. (Part 1, 2, 3, 4, 5).

Jonathan opens with about 45 minutes of remarks and I come into the conversation around the 49 mark of the video. Michael Calabrese of NAF also has some comments about Jonathan’s book after I speak and then there is some interaction with the audience.

The Space Frontier Foundation issued this press release today, following our earlier call for NASA to fund its COTS-D program for demonstrating commercial human spaceflight capabilty.  

The Space Frontier Foundation today called on President-elect Barack Obama to use the innovation and drive of American entrepreneurs to “close the Gap” in U.S. human spaceflight after the Space Shuttle is retired in 2010.

President-elect Obama has promised $2 billion in additional funding for NASA to address the Gap, when the U.S. will be dependent upon Russia’s Soyuz for crew access to the International Space Station.  But two of the options proposed – extending Space Shuttle operations or accelerating the Constellation program – wouldn’t reduce the current estimate of a five year gap by much.

“Space leaders are considering three or four options for reducing the Space Gap, but only one reflects the spirit of positive change that Senator Obama campaigned on,” said Foundation Chairman Berin Szoka.  “According to NASA’s own estimates, flying the Shuttle beyond 2010 will cost at least $2 billion per year, so that only cuts the Gap by one year.  And $2 billion is a drop in the bucket for Constellation, at best helping to address shortfalls that the Congressional Budget Office just predicted will add another 18 months to the Gap.”

A third option is being considered by some at NASA, according to published reports:  Strip the Orion Crew Exploration Vehicle of the capability to support Lunar exploration, making it simpler and lighter, and supposedly easier to complete sooner.

“This idea is crazy, because it will strand NASA in low Earth orbit, instead of exploring the solar system,” said Foundation co-founder Rick Tumlinson.  “The whole point of the Vision for Space Exploration was to send NASA’s Lewis & Clarks further out into the frontier, to the Moon, Mars, and near-Earth asteroids, while the private sector takes over Earth orbit.  Cutting Orion back gives us ‘Gemini on steroids’, which would be a change for the worse.”

“The only option that makes sense is to use President-elect Obama’s promised $2 billion to catalyze as many as five new commercial human spaceflight companies that will compete to close the Gap using the safest, most capable and affordable system they can develop,” said Will Watson, Foundation Executive Director.

“Let’s not put all our eggs in one basket by pouring even more money into the Shuttle, an old system that’s on its last legs, or a controversial new program that’s already behind schedule,” Watson said.  “If we’re serious about closing the Gap and about making humanity’s presence in space economically sustainable, we need real change in how we put humans in space.  Let’s use this $2 billion to stimulate multiple entrepreneurial systems that will not only slash costs, improve safety, and close the Gap, but also help create a whole new space industry with new jobs here in America.”

With the Federal Communications Commission’s decision to allow “white spaces” devices at its open meeting on Election Day, it may make sense to ask: how are other nations approaching the issue of “white spaces”? Do other countries that make use of flexible and transferable spectrum licensing find that taking the approach that the FCC took on Tuesday — allowing unlicensed wireless devices to share vacant television frequencies — helps or hinders in getting more spectrum available for the “highest and best use”?

As readers of this blog are probably aware, I work part-time at the Information Economy Project at George Mason University School of Law, which sits at the intersection of academic research and telecommunications policy.

IEP is pleased to sponsor one of its “Big Ideas About Information” Lecture next Wednesday, November 12, at the law school in Arlington. The school is conveniently located at the Virginia Square/GMU Metro station, and is a short ride away from downtown Washington.

At 4 p.m. on November 12, William Webb, the head of research and development and the senior technologist at OFCOM, the British telecommunications regulator, will be speaking about this and other subjects. The title of his remarks is: “The Theory, Practice, Politics and Problems of Spectrum Reform: A U.K. Regulator’s Perspective,” and you can learn more about it here, or by clicking on the badge below.

Admission is free, but seating is limited. To reserve your spot, please email me, Drew Clark, at this address: iep.gmu@gmail.com

Over at OpenMarket.org, Wayne Crews has a good post arguing against Obama’s plan to appoint a “Technology Czar“:

Industries–and mere concepts like “technology”–do not need czars in Washington. Such enterprise needs to operate apart from this city. Indeed, even supposedly “deregulatory” Republicans were not reluctant to regulate the Internet. Bush favored federal privacy regulation, but never pushed it. His adminstration was also happy to target porn and “spam.” Legislation favored by the Republicans ran the gamut from gambling to cable regulation to media ownership. Right now, many firms in Washington are poised to push for federal privacy legislation to, as they say, pre-empt the states and get rid of the “patchwork” of privacy legislation with which they must deal. But the risk is merely trading 50 regulators for 51.

(Read the rest of the post here)

We already have plenty of regulators in Washington. Instead of appointing yet another messiah-like figure to solve our nation’s technological woes, the best thing for the technology industry would be a massive downsizing of the federal government’s role in regulating telecom companies, dictating privacy policies, and deciding what broadcasters can air.

OK, in fairness, this image is of the statue outside the Federal Trade Commission, not the Justice Department. But it’s always perplexed me – the image of a man restraining/abusing a horse.

The name of the statue is “Man Controlling Trade.” Why doesn’t he get on and ride?

The same thing one must ask about the Justice Department’s successful campaign to thwart the Google-Yahoo! deal. As Cord has noted, allowing these two companies to enjoy the benefits they perceived from combining their resources would have made them both better off and acted as a spur to others, competition that would have produced new innovation for consumers to enjoy. But the dead hand of government power has won out.

The Justice Department’s two-step on the grave of the deal gets it precisely wrong both in terms of defining the relevant market and in terms of the effect on competition and innovation.

Geese are flying overhead. Leaves are orange. The election is over. A historic moment. And I will be optimistic, and hope that although the economics of the moment seems to be a return to things past… to the 1930s, it will turn out to be otherwise, for a good bit is known now that was not known then, whatever one’s ideology. Continue reading →

The Google Policy Blog announced today that the proposed advertising deal between Google and Yahoo! will no longer be pursued.  The DOJ has thrown up too many roadblocks and both companies have decided it’s better to move on than to try to convince regulators to change their minds.

Google seemed to go out of its way to calm regulators and other advertisers who they anticipated would be concerned by the deal given Google’s perceived market power.  The policy blog notes that:

Both companies agreed to delay implementation of the agreement to give regulators the chance to review it. While this wasn’t legally necessary, we thought it was the right thing to do because Google and Yahoo! have been successful in online advertising and we realized that any cooperation between us would attract attention.

Of course, this preemptive step didn’t help to stop competitors from running to Washington regulators to ask for the deal to be crushed.  Instead, it seems to have helped them deny Yahoo! crucial ad revenue.  The Policy Blog notes that the deal “Would have allowed Yahoo! (and its existing publisher partners) to show more relevant ads for queries that currently generate few or no advertisements.”

This is probably the best point to be made in all of this.  Yahoo! knows it’s not going to be a leader in search anytime soon, but it’s a leader in many content areas.  Its Yahoo! Mail service alone has over a quarter of a billion users, dwarfing Google Gmail.

Transitioning to a content-focused company is probably the best move for Yahoo!, a move that will be much harder without the ability to monetize its more esoteric content as well as search queries.

Once again, in trying to maintain some conception of what competition has been, antitrust regulators have prevented the competition of the future from forming as quickly as might have.

Julian Sanchez will be liveblogging the election returns tonight – poor soul – for a new infotainment outlet: Ars Technica’s Law & Disorder blog (or journal, if you prefer). The inaugural post lays out what it’s about.

He’s as smart and informed as they come, Julian is, so you’d be well-served to keep one eye on Law & Disorder.

Here’s a more interesting election than the one being held today. But I still wouldn’t vote for either of the candidates!

See more funny videos at Funny or Die

Today was a big day — and not just because there was an election going on! As I mentioned yesterday, the other big news was that the U.S. Supreme Court was hearing oral arguments in the potentially historic free speech case of Federal Communications Commission v. Fox Television Stations, Inc. Again, all the background you need can be found in my post yesterday, so here I will just be summarizing my general thoughts about how the oral arguments played out this morning.

Unfortunately, because no electronic devices or even notepads are allowed in the courtroom, much of what I am relaying here is from memory or from the notes that I surreptitiously scribbled on a tiny piece of scrap paper when the guards weren’t looking. (And yes, I have been reprimanded before for taking notes in the Court!)  The transcript has just been released, however, so you can read it through and judge for yourself.  Anyway, here are some general thoughts:

Continue reading →