I dashed off a quick analysis of the Bilski decision for CNET yesterday (see “Supreme Court Hedges on Business Method Patents”), a follow-up to a piece I wrote for The Big Money when the case was argued last fall.  (See “Not with my Digital Economy, You Don’t.”)

The decision was a surprise for me.  I had fully expected the Court to reject outright the experiment in granting patents to paper-and-pencil business methods launched by the Federal Circuit in 1998 with the State Street decision.  Especially since the Federal Circuit itself, in its rejection of Bilski’s application, had all but dismissed State Street as the disaster most businesses—even businesses who have benefited from business method patents–know it to be.

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Over the weekend, the always-terrific Lenore Skenazy published a provocative editorial in Forbes entitled, “Shred Your Sex Offender Map.”  (For more on Skenazy, see my review of her amazing book Free-Range Kids here last year). In her Forbes essay, Skenazy argues that, as currently constructed, America’s sex offender registries “are making our kids LESS safe.”  How can that possibly be?  I explained why in a lengthy essay on this topic I penned last summer entitled, Rethinking ‘Sex Crimes’ and Sex Offender Registries.” In it, I made an argument similar to Lenore’s. In a nutshell, if we really want to keep kids safe from real sex offenders, we need to completely rethink the way we define and punish sex offenses in this country because a significant percentage of the people listed on sex offender registries pose almost no threat to children, making it difficult for us to know who really does pose a threat to our kids and what we should do about them.

Consider two groups of people. Let’s call Group #1 the “petty sex crime crowd.” This would include anyone convicted of  indecent exposure (streaking / public nudity / public urination); a 19-year-old teen who gets caught having sex with a 17-year-old girlfriend; two gay men who had consensual sex in a state where sodomy was previously illegal; etc, etc.  The crucial distinction for this group is that their actions were consensual and non-violent. No serious harm came from their actions, even if some of these activities are less than socially desirable.  Now, let’s talk about Group #2: violent rapists, child molesters, child pornographers, and other creeps who sexually abused people (or even animals!) These people are the wretched scum of the Earth.

Anyway, here’s the first problem with the current sex offender registries: Group 1 and Group 2 are all mixed together! There’s a word for this: Insanity.  How in the hell did it ever come to pass that non-violent, consensual sex “offenders” got stuck on the same list as sadists, pedophiles, rapists, and other violent, evil scum?  Honestly, I don’t know and I don’t care. I just want that nonsense to end and end right now because as I noted in my earlier essay and Lenore argues in her’s, this means current sex offender lists / maps are largely worthless to parents like me unless I take the time to drill down into the details of who was guilty of what.  (Even when you do, it can still be confusing since some crimes aren’t made clear).  But the public is basically being subjected to a panic attack when they hear sex offender registry numbers or see maps of sex offenders in their neighborhood because the overall number of “offenders on the lists,” or dots on the offender maps, is being artificially raised by the presence of Group 1 “offenders.”

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I’ve been so busy trying to cover breaking developments related to Washington’s new efforts to “save journalism” (FTC) and steer the “future of media” (FCC) — see all my recent essays & papers here — that I forgot to do a formal book review of the book that is partially responsible for whipping policymakers into a lather about this issue: The Death and Life of American Journalism, the media-takeover manifesto by the neo-Marxist media scholar Robert W. McChesney and Nation editor John Nichols. Their book is horrifying in its imperial ambitions since it invites the government become the High Lord and Protector of the Fourth Estate. [For an in-depth look at all of McChesney’s disturbing views on these issues, see: “Free Press, Robert McChesney & the “Struggle” for Media.”] Anyway, I put together a formal review of the book for City Journal.  It’s online here and I’ve also pasted it down below.

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A Media Welfare State?

by Adam Thierer

Imagine a world of “post-corporate” newsrooms, where the state serves as the primary benefactor of the Fourth Estate. Billions flow from bureaucracies to media entities and individual journalists in the name of sustaining a “free press.” And this new media welfare state is funded by steep taxes on our mobile phones, broadband connections, and digital gadgets.

Sound Orwellian? Well, it’s the blueprint for a press takeover drawn up by Robert W. McChesney and John Nichols in their new book, The Death and Life of American Journalism. McChesney, the prolific neo-Marxist media scholar who teaches at the University of Illinois at Urbana-Champaign, and Nichols, a journalist with The Nation, aren’t shy about their intentions. Along with Free Press, the absurdly misnamed regulatory activist group they co-founded, McChesney and Nichols outline a self-described “radical” agenda for what they hope will become a media “revolution.” And, shockingly, some folks in the Obama administration are listening. Continue reading →

Toy Story 3 offers many pleasures and not a little wisdom. I absorbed them with a shocking output of tears, both the laughing kind and otherwise. At one point, too, I raised my fist in solidarity, moved by the political philosophy voiced by Barbie (brilliantly played by Barbie). I liked Barbie’s quote so much that I put it on a t-shirt:

Pop Political Philosophy shirt

Nice, huh? Click on the picture to customize the shirt for your build and style.

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On the podcast this week, Tim Stevens, PhD candidate in the Dept. of War Studies, King’s College London, where he researches the politics of cybersecurity and cyberwarfare, and regular contributor to The Guardian, Forbes’ cybersecurity blog The Firewall, and Current Intelligence discusses cyberwar.  Stevens talks about the current cybersecurity climate; nuances between cyberespionage, cybercrime, and cyberwar; the balance between roles of government and private sector; and differences in cybersecurity attitudes in the U.K. and the U.S.

Related Readings

Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Clay Shirky on cognitive surplus, Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.

So what are you waiting for? Subscribe!

I’m late to the party, but I wanted to say a few things about the District Court’s decision in the Viacom v. YouTube case this week and.  This will be a four-part post, covering:

1.  The holding

2.  The economic principle behind it

3.  The next steps in the case

4.  A review of the errors in legal analysis and procedure committed by reporters covering the case

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On this week’s episode of the podcast, Adrian Johns, professor in the Department of History at the University of Chicago, expert on the history of science and the history of the book, and author of the new book, Piracy: The Intellectual Property Wars from Guttenberg to Gates, discusses the history of intellectual property and piracy.  He discusses origins of copyright law in London, the first pirates, and today’s digital piracy.  He also addresses the future of books and potential tipping points that could prompt changes in copyright law, citing the Google Books project and pharmaceuticals in the developing world.

Related Readings

Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Clay Shirky on cognitive surplus, Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.

So what are you waiting for? Subscribe!

Not surprisingly, FCC Commissioners voted 3 to 2 today to open a Notice of Inquiry on changing the classification of broadband Internet access from an “information service” under Title I of the Communications Act to “telecommunications” under Title II.  (Title II was written for telephone service, and most of its provisions pre-date the breakup of the former AT&T monopoly.)  The story has been widely reported, including posts from The Washington Post, CNET, Computerworld, and The Hill.

As CNET’s Marguerite Reardon counts it, at least 282 members of Congress have already asked the FCC not to proceed with this strategy, including 74 Democrats.

I have written extensively about why a Title II regime is a very bad idea, even before the FCC began hinting it would make this attempt.  I’ve argued that the move is on extremely shaky legal grounds, usurps the authority of Congress in ways that challenge fundamental Constitutional principles of agency law, would cause serious harm to the Internet’s vibrant ecosystem, and would undermine the Commission’s worthy goals in implementing the National Broadband Plan.  No need to repeat any of these arguments here.  Reclassification is wrong on the facts, and wrong on the law. Continue reading →

A fun little tidbit from Huffington Post today. Cook County Commissioner Robert Steele penned an op-ed revealing that Free Press, strong advocates for Net Neutrality regulation, is pushing its agenda on minority communities in order to gin up support for further regulation of the Internet. I’m sure there is no connection with today’s FCC decision to move forward with its Notice of Inquiry on reclassifying the Internet to fits Chairman Genachowski’s controversial “third way.”

Take a minute to read the entire piece by Commissioner Steele, but one of the more salient points is this,

“My first thought when reading this [Free Press] email was, ‘what do these folks know about the needs and wants of communities of color, especially on an issue as impactful as Net Neutrality?'”

In assessing a couple of recent surveys on broadband adoption among minority communities (especially African-American and Hispanic), a couple of things become evident. First, the nation is facing an adoption problem, not an access problem. Those who are not connected to broadband are in this position largely due to their own choice. The FCC’s own report shows that, while African-Americans and Hispanics trail the average in broadband access, the gaps have narrowed just in the last year.

Not only that, but when it comes to the African-American community, it is the older folks who are not connecting (both minority and non-minorities). Those in the minority community under the age of 30 have basically the same broadband adoption rates as whites, which mean younger adults are recognizing the benefits of broadband. The same can be said about educated households, but then, educated households have a higher income level than non-educated and higher income is another factor towards higher adoption rates.

Another interesting factoid is that the minority groups are more likely to access the Internet via a handheld device. This means that mobile broadband growth may very well help pick up the slack in the “digital divide.” It seems more and more are relying on their smartphones to handle their Internet needs.

Really though, the bottom line is that people in low-income households, and those who tend to be older, are the ones that by-and-large do not want to connect to the Internet. There is nothing in Genachowski’s “third way” regulatory scheme, nor in anything that Free Press is pushing, that will help bridge this gap.

It’s a shame that Free Press is using racial division as a motivation to push unnecessary government regulation.

“When I use a word, it means just what I choose it to mean — neither more nor less,”  Humpty-Dumpty said.     The famous egg could have worked for the Federal Communications Commission, which today took the first step toward re-defining broadband service as telecommunications.

 The decision comes only two months after a federal court — rather definitively – ruled that the agency had no authority to apply net neutrality rules to Internet service providers.  But it only took a few weeks for Chairman Genachowski to come up with a plan B:  re-classifying broadband service as telecommunications service.   At today’s meeting, the Commission — on a 3-2 vote — adopted a notice of inquiry on doing  just that.   Never mind that the initial that broadband is not telecom was the result of a years-long inquiry by the Commission.   If the FCC says a computer is really a telephone, then it is.  Lewis Carroll would be proud.  Continue reading →