Friends of Internet freedom, I need your assistance. I think we need to develop a principled, pro-liberty blueprint for Internet policy going forward. Can you help me draw up five solid principles to guide that effort?

No, wait, don’t worry about it… it has has already been done!

As I noted in my latest weekly Forbes column, “Fifteen years ago, the Clinton Administration proposed a paradigm for how cyberspace should be governed that remains the most succinct articulation of a pro-liberty, market-oriented vision for cyberspace ever penned. It recommended that we rely on civil society, contractual negotiations, voluntary agreements, and ongoing marketplace experiments to solve information age problems. In essence, they were recommending a high-tech Hippocratic oath: First, do no harm (to the Internet).”

That was the vision articulated by President Clinton’s chief policy counsel Ira Magaziner, who was in charge of crafting the administration’s Framework for Global Electronic Commerce in July 1997.  I was blown away by the document then and continue to genuflect before it today. Let’s recall the five principles at the heart of this beautiful Framework: Continue reading →

Tate Watkins and I have [an essay in Wired today](http://www.wired.com/threatlevel/2012/02/yellowcake-and-cyberwar/) looking at how the overheated rhetoric and unsupported claims around cybersecurity inflate the threat and may lead us to a new cyber-industrial complex. It’s the same theme we explore in our recent Harvard National Security Journal article and also in a feature in Reason a few months ago.


What do we mean by overheated rhetoric that serves more to scare than to inform? Here are some statements from Sen. Jay Rockefeller introducing the comprehensive cybersecurity bill on the Senate floor today:

>”The experts are warning us that we are on the brink of something much worse. Something that could bring down our economy, rip open our national security, or even take lives. The prospect of mass casualty is what has propelled us to make cybersecurity a top priority for this year, to make it an issue that transcends political parties or ideology. …

>”Admiral Mike Mullen, former Joint Chiefs chairman, said that a cybersecurity threat is the only other threat that is on the same level as Russia’s stockpile of nuclear weapons. …

>”We are on the brink of what could be a calamity. A widespread cyber attack could potentially be as devastating to this country as the terror attacks that tore apart this country 10 years ago. …

>”Think about how many people could die if a cyber-terrorist attacked our air traffic control system, both now and when it’s made modern, and our planes slammed into one another. Or rails switching networks were hacked causing trains carrying people, and more than that perhaps hazzardous material, toxic materials, to derail or collide in the midst of our most populate urban areas like Chicago, New York, San Francisco, Washington, DC, etc.”

He also touch on pipeline explosions and electricity blackouts, of course, and said that we needed to act immediately. It seems that some GOP senators are [calling for a delay on the bill](http://thehill.com/blogs/hillicon-valley/technology/210671-gop-senators-call-for-delay-on-cybersecurity-bill). Stay tuned.

On the podcast this week, Jonathan Coulton, a musician, singer-songwriter, and geek icon, who releases his music under a Non-Commercial Creative Commons License, discusses his thoughts on piracy from an artist’s point of view. Coulton talks about quitting his day job so he could focus on his music. He bypassed the traditional route of becoming a musician, which usually means signing to a record label, and began releasing one song per week on his website. This lead to eventual success, according to Coulton, who now makes his living as a full-time musician by touring and selling his music on his website. The discussion then turns to piracy. Coulton explains why he thinks piracy cannot be stopped and describes what he considers “victimless piracy.” He goes on to discuss the difficulties of addressing piracy issues, especially when taking fairness and practicality into account.

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Over at TIME.com I write that we should keep a close eye on moves by Russia, China and other countries to move Internet governance to the UN:

>All this year, and culminating in December at the World Conference on International Telecommunications in Dubai, the nations of the world will be negotiating a treaty to govern international telecommunications services between countries. It is widely believed that some countries, including Russia and China, will take the opportunity to push for U.N. control of Internet governance. Such a turn of events would certainly be troubling. …

>It’s amazing to think about it, but no state governs the Internet today. Decisions about its architecture are made by consensus among engineers and other volunteers. And that, in fact, is what has kept it open and free.

>“Upending the fundamentals of the multi-stakeholder model is likely to Balkanize the Internet at best, and suffocate it at worst,” FCC Commissioner Robert McDowell said recently in a speech. “A top-down, centralized, international regulatory overlay is antithetical to the architecture of the Net, which is a global network of networks without borders. No government, let alone an intergovernmental body, can make decisions in lightning-fast Internet time.”

Read the whole thing at TIME.com.

On numerous occasions here at the TLF over the past eight years, I’ve noted the profound influence that the late Ithiel de Sola Pool had on my thinking about the interaction of technology, information, and public policy. In fact, when I needed to pick a thematic title for my weekly Forbes column, it only took me a second to think of the perfect one: “Technologies of Freedom.” I borrowed that from the title of Pool’s 1983 masterpiece, Technologies of Freedom: On Free Speech in an Electronic Age. As I noted in my short Amazon.com review, Pool’s technological tour de force is simply breathtaking in its polemical power and predictive capabilities. Reading this book three decades after it was published, one comes to believe that Pool must have possessed a crystal ball or had a Nostradamus-like ability to foresee the future.

I felt that same was this week when I was re-reading some chapters from his posthumous book, Technologies without Boundaries: On Telecommunications in a Global Age–a collection of his remaining essays nicely edited and tied together by Eli Noam after Pool’s death in 1984. Re-reading it again reminded me of Pool’s remarkable predictive powers. In particular, the closing chapter on “Technology and Culture” includes some of Pool’s thoughts on the future of copyright. As you read through that passage below, please try to remember he wrote these words back in the early 1980s, long before most people had even heard of the Internet and when home personal computing was only just beginning to take off. Yet, from what he already knew about networked computers and digital methods of transmitting information, Pool was able to paint a prescient portrait of the future copyright wars that we now find ourselves in the midst of. Here’s what he had to say almost 30 years ago about how things would play out: Continue reading →

Folks, I wanted to bring your attention to this conference on Feb. 24 from the Information Economy Project at George Mason University. The pitch:

The assembly line of our knowledge-based economy begins with technology discovery and ends with the moving target of a consumer market. Connectivity is funded and rewarded through exchanges of time, money, and digital goods. The conversation in this conference will identify key priorities in technology policy for innovation, network investment, and content delivery models. Articles will be published in a special issue of the Journal of Law, Economics & Policy.

See the website for speakers, schedule, and RSVP info.

My seen-it-all cool was shaken yesterday when I examined how a Senate cybersecurity bill would scythe down legal protections for privacy. Anyone participating in government “cybersecurity exchanges” would have nearly total immunity from liability under any law. No Privacy Act, no ECPA, no E-Government Act, no contract law, no privacy torts. The scuttlebutt is that Senator Reid (D-NV) may push this especially hard as payback to the Internet for the SOPA/PIPA debacle.

In the push for cybersecurity legislation, Congress is driven far more by its desire to act (and D.C. lobbyists’ desire to have Congress act) than by any plausible contribution it can make to the difficult problem of securing computers, networks, and data. That’s why this cybersecurity bill, and all others I have seen, have greater costs than benefits.

Read about the devastation for privacy and the rule of law on offer in a current draft in “The Senate’s SOPA Counterattack?: Cybersecurity the Undoing of Privacy.”

On the podcast this week, Catherine Tucker, Douglas Drane Career Development Professor in IT and Management, and Assistant Professor of Marketing at MIT’s Sloan School of Management, discusses her paper with Avi Goldfarb in the Journal of Competition Law and Economics entitled, Substitution Between Offline and Online Advertising Markets. According to Tucker, the FTC treats online advertising as a distinct market from offline advertising for antitrust purposes. She describes the study she and Goldfarb conducted, where they sought to determine whether online advertising could serve as a substitute for offline advertising. Tucker also discusses Google’s role in online advertising, how its auction mechanism affects pricing, and the difference between search advertising and display advertising. The conversation ends with a discussion on policy implications on how dominant players in online advertising should be viewed.

Related Links

To keep the conversation around this episode in one place, we’d like to ask you to comment at the webpage for this episode on Surprisingly Free. Also, why not subscribe to the podcast on iTunes?

Over at TIME.com I take a look at the different approaches to cybersecurity now being considered by Congress:

>But what can congress do to improve cybersecurity? One line of thinking reportedly embodied by the Senate legislation, though details of that bill are not yet available, would tell network owners how to protect their systems. The Department of Homeland Security would be charged with creating security rules and punishing companies that did not comply. Such a prescriptive approach may not be very helpful, however. …

>The bipartisan approach moving forward in the House, on the other hand, takes a different approach. At the center of the PRECISE Act is the creation of a non-profit National Information Sharing Organization (NISO) that would serve as a clearinghouse for the voluntary exchange of cybersecurity threat information between government and industry. Under the NISO umbrella, as long as they only share information for cybersecurity purposes, industry and government would be exempt from privacy laws that today restrict collaboration.

Read the whole thing at TIME.com.

I honestly don’t know. I haven’t been following his work, and, by saying I don’t know, I don’t imply that he didn’t achieve anything. But it’s utterly unclear from this interview with Nancy Scola what he achieved as chief technology officer in the Obama Administration the last few years.

I was piqued by the amusing—almost comical—claims to specificity he makes, right from the outset:

What is the elevator pitch on what you’ve been doing since you were named Chief Technology Officer of the United States?
What I do is advance the president’s innovation agenda by incorporating his bottom-up theory of change. To be very specific about it, I execute the president’s innovation strategy in a manner that taps into the expertise of the American people to solve big problems.

There is nothing specific about, “I execute the president’s innovation strategy in a manner that taps into the expertise of the American people to solve big problems.” If you were to look up “vague” in the dictionary, that sentence would illustrate the first definition of the word.

Ever notice how people say, “I don’t mean to interrupt,” when they are interrupting? How they say, “to make a long story short,” when it’s already too late? Chopra says he’s going to be specific as he heads into empty generalities. Further along in the interview , he talks about his role and his involvement, which would be interesting meta-information if it set the stage for describing accomplishment.

So the question stands: What things happened under Aneesh Chopra that wouldn’t have happened in his absence?

Caveats: Aneesh Chopra seems like a nice guy. I don’t doubt his sincerity or intention to have done good things. I don’t think he’s unique among bureaucrats in not having identifiable achievements. I am open to learning what he did achieve. He just hasn’t explained it himself.

This line of questioning also may seem disrespectful. Chopra has acted as a public servant the last few years and deserves credit for that, some would argue. But I disagree that the claim to “public service” should act as insulation against being held to account for performance. What did Aneesh Chopra achieve?