March 2010

By Adam Thierer & Berin Szoka

In a series of upcoming essays, we will be examining proposals being put forward today that would have the government play a greater role in sustaining struggling media enterprises, “saving journalism,” or promoting more “public interest” content. The reason we’re working up this multi-part series is because, with many traditional media operators struggling, and questions being raised about how journalism in particular will be supported in the future, Washington policymakers are currently considering what role government can and should play in helping media providers reinvent themselves in the face of tumultuous technological change wrought by the Digital Revolution.

For example, the Federal Communications Commission (FCC) recently kicked off a new “Future of Media” effort with a workshop on “Serving the Public Interest in the Digital Era.” (The  filing deadline for the FCC’s “Future of Media” proceeding is May 7th).  Likewise, the Federal Trade Commission (FTC) has hosted two workshops asking “How Will Journalism Survive the Internet Age?”  Meanwhile, the Senate has already held hearings about “the future of journalism,” and Senator Benjamin L. Cardin (D-MD) recently introduced the “Newspaper Revitalization Act,” which would allow newspapers to become tax-exempt non-profits in an effort to help them stay afloat.

Thus, in light of Washington’s sudden interest in the future of media and journalism, we will be taking a hard look at several issues and proposals that are being floated today, including:

  • Taxes on media devices, mobile phones, or broadband bills to channel money to media enterprises / content;
  • Taxes / fees on broadcasters to funnel support to their public sector competitors or to public interest programs;
  • “News vouchers” or “public interest vouchers” that would encourage citizens to channel support to media providers;
  • Taxes on private advertising to subsidize non-commercial / public media content;
  • Expanded postal subsidies for media mail; and
  • Targeted welfare programs for out-of-work journalists or corporate welfare in the form of bailouts for failing media enterprises.

You won’t be surprised to hear that we are generally quite skeptical of most of these ideas, but we promise to give each one serious consideration.  We’ll kick things off tomorrow with our essay on why taxing media devices or distribution systems to fund media content is not a particularly good idea.

Brilliant column from William Jackson on GCN.com debunking “cyberwar”:

“The United States is fighting a cyberwar today and we are losing it,” former National Security Agency chief and national intelligence director Mike McConnell wrote in a recent op-ed column in the Washington Post. “It’s that simple.”

It is neither simple nor true. Failure to distinguish between real acts of war and other malicious behavior not only increases the risks of war, but also distracts us from more immediate threats such as online crime.

The habit of threat inflation is harmful to the country. Jackson’s welcome take on “cyber” threats earns an accolade I rarely give out: Read the whole thing.

Update: Tim Stevens, a researcher in the Department of War Studies, King’s College London, has—ahem—attacked “cyberwar” rhetoric multiple times. (1, 2, 3, 4, 5) Kudos, Tim.

What distinguishes pragmatic Internet optimists from their starry-eyed, pollyanna-ish optimist kin is the ability to recognize the real problems raised by technology. More than anything else, that means being able to appreciate great satire on the downsides of the Digital Revolution.  Robert Lanham, author of The Hipster Handbook and other satirical classics, offers the definitive guide to the “post-print world” in his “Internet-Age Writing Syllabus & Course Overview” for the fictitious college course, “ENG 371WR: Writing for Nonreaders in the Postprint Era.” If only the arch-pessimist Andrew Keen were half so funny!

As print takes its place alongside smoke signals, cuneiform, and hollering, there has emerged a new literary age, one in which writers no longer need to feel encumbered by the paper cuts, reading, and excessive use of words traditionally associated with the writing trade. Writing for Nonreaders in the Postprint Era focuses on the creation of short-form prose that is not intended to be reproduced on pulp fibers.

Instant messaging. Twittering. Facebook updates. These 21st-century literary genres are defining a new “LostGeneration” of minimalists who would much rather watchLost on their iPhones than toil over long-winded articles and short stories. Students will acquire the tools needed to make their tweets glimmer with a complete lack of forethought, their Facebook updates ring with self-importance, and their blog entries shimmer with literary pithiness. All without the restraints of writing in complete sentences. w00t! w00t! Throughout the course, a further paring down of the Hemingway/Stein school of minimalism will be emphasized, limiting the superfluous use of nouns, verbs, adverbs, adjectives, conjunctions, gerunds, and other literary pitfalls.

My favorite part, Week 8: New Rules:

Students will analyze the publishing industry and learn how to be more innovative than the bards of yesteryear. They’ll be asked to consider, for instance, Thomas Pynchon. How much more successful would Gravity’s Rainbow have been if it were two paragraphs long and posted on a blog beneath a picture of scantily clad coeds? And why not add a Google search box? Or what if Susan Sontag had friended 10 million people on Facebook and then published a shorter version of The Volcano Lover as a status update: “Susan thinks a volcano is a great metaphor for primal passion. Also, streak of my hair turning white—d’oh!

Now, as it happens, I think Strunk & White, authors of the 1918 classic The Elements of Style, would probably have appreciated Twitter’s 140 character limit (and blogging more generally) for ruthlessly, if over-zealously, enforcing their core rule for good writing:   Continue reading →

David Burt, who runs the “GetParentalControls.org,”  is one of America’s leading experts on parental control technologies, and he has just released the Parental Controls Product Guide: 2010 Edition. It’s an absolutely amazing resource for parents and academic researchers alike. I’ve spent a lot of time researching this marketplace and authored an ongoing report on Parental Controls & Online Child Protection, and I have served on several child safety task forces, including the new Online Safety Technology Working Group (OSTWG). So I’m quite familiar with the research in this field and I can say that this is one of the most important and useful resources I have come across in the past several years.  Well done, David!

Parental Controls Product Guide 2010

That’s basically what FTC Chairman Jon Leibowitz told the Association of National Advertisers when he spoke to their “Advertising Law & Public Policy” conference last Thursday. As I noted last week, there’s intense pressure in Congress to pass a financial regulatory overhaul and, unfortunately, the version passed by the House in December—Rep. Barney Frank’s “Wall Street Reform and Consumer Protection Act of 2009” (H.R. 4173)—would also grant the Federal Trade Commission vast new powers for all its regulations, not just those relating to the non-bank financial institutions it currently regulates. In particular, HR 4173 would:

  • Make it far easier (and not just faster) for the FTC to issue all kinds of new regulations on its own, without a specific Congressional mandate to do so and instead of relying on case-by-case enforcement to punish “unfair” or “deceptive” acts and practices;
  • Reduce public input into those regulations;
  • Impose heavy civil penalties on companies before notifying them that a practice might be “unfair” or “deceptive”;
  • Prosecute those who merely provided “substantial assistance” to someone engaged in “unfair” or “deceptive” acts or practices; and
  • Sue on its own authority, instead of through DOJ (as now).

I summarized my concerns about this bill in this short interview with PFF’s new communications director, Mike Wendy, last week:
[display_podcast]

Leibowitz has lobbied hard to have his agency put on steroids (as former FTC Chairman Jim Miller put it), asking for all these things, as well as more funding, at the first Senate hearing on Hr 4173 back in February. (Conveniently, he was the only witness!) He repeated his calls for these powers on Thursday but tried to allay fears about how they’d be used. Continue reading →

Andrew Keen recently asked me to sit down and chat with him as part of a new series of video interviews he is conducting for Arts + Labs called “Keen on Media.” You can find the discussions with me here (or on Vimeo here). Keen asked me to talk about a wide variety of issues, but this first video features some thoughts about the tensions between the free culture movement and those that continue to favor property rights and proprietary business models as the foundation of the economy. Consistent with what I have argued in the past, I advocated a mushy middle-ground position of preserving the best of both worlds. I believe that free and open source software has produced enormous social & economic benefits, but I do not believe that it will or should replace all proprietary business models or methods.  Each model or mode of production has its place and purpose and they should continue to co-exist going forward, albeit in serious tension at times.

Adam Thierer (part 1) from andrewkeen on Vimeo.

NPR notes that we’re approaching a major milestone in the history of man’s relationship with machines:

Nearly 200 years ago, workers in England took up arms against technology. Weavers protested the advent of mechanized looms with violence. Named for weaver Ned Lud, the Luddites feared machines would make hand weaving extinct. The people of Huddersfield are rising up again, but this time to commemorate the city’s 19th century weavers.

According to this history of the Luddite movement, the 199th anniversary of the movement’s beginnings passed just last week:

The first incident during the years of the most intense Luddite activity, 1811-13, was the 11 March 1811 attack upon wide knitting frames in a shop in the Nottinghamshire village of Arnold, following a peaceful gathering of framework knitters near the Exchange Hall at Nottingham. In the preceding month, framework knitters, also called stockingers, had broken into shops and removed jack wires from wide knitting frames, rendering them useless without inflicting great violence upon the owners or incurring risk to the stockingers themselves; the 11 March attack was the first in which frames were actually smashed and the name “Ludd” was used. The grievances consisted, first, of the use of wide stocking frames to produce large amounts of cheap, shoddy stocking material that was cut and sewn into stockings rather than completely fashioned (knit in one piece without seams) and, second, of the employment of “colts,” workers who had not completed the seven-year apprenticeship required by law.

In other words, a bunch of hooligans—the ancestors of today’s stereotypically rude, drunk and violent English soccer fans, no doubt—started smashing machines because—horror of horrors!—the machines were producing less expensive textiles and could be operated by cheaper, less-skilled workers outside the hooligans’ guild. That, in essence, is the history of technology and its discontents: Innovation produces gains in productivity that raise the overall standard of living by bringing down prices for consumers, but workers in outmoded industries try to obstruct progress because it renders their unproductive jobs obsolete. Tim Lee noted this back in 2006 regarding the supposed need for tech workers to unionize. Continue reading →

Great op/ed in The Washington Post today:

BY THE Federal Communications Commission’s own account, broadband use in the United States has exploded over the past decade: “Fueled primarily by private sector investment and innovation, the American broadband ecosystem has evolved rapidly. The number of Americans who have broadband at home has grown from eight million in 2000 to nearly 200 million last year.”

So it is curious that the FCC’s newly released National Broadband Plan faults the market for failing to “bring the power and promise of broadband to us all” — in reality, some 7 million households unable to get broadband because it is not offered in their areas. Such an assessment — and the call for government intervention to subsidize service for rural or poor communities — is premature, at best

Read the rest here or check out Adam’s appearance on C-SPAN’s Washington Journal or on the Diane Rehm Show.

I don’t know what the context was, but still funny to hear Howard going off on the FCC …

—all one paragraph of it—on the Cato@Liberty blog.

The upshot: Their promise not to have a national ID database is almost certainly wrong. Sold as a simple quick-fix, it would take decades and hundreds of billions of dollars to build, encountering untold complexities beyond what we already know.