November 2017

Over at Plain Text, I have posted a new essay entitled, “Converting Permissionless Innovation into Public Policy: 3 Reforms.” It’s a preliminary sketch of some reform ideas that I have been working on as part of my next book project. The goal is to find some creative ways to move the ball forward on the innovation policy front, regardless of what level of government we are talking about.

To maximize the potential for ongoing, positive change and create a policy environment conducive to permissionless innovation, I argue that policymakers should pursue policy reforms based on these three ideas:

  1. The Innovator’s PresumptionAny person or party (including a regulatory authority) who opposes a new technology or service shall have the burden to demonstrate that such proposal is inconsistent with the public interest.
  2. The Sunsetting ImperativeAny existing or newly imposed technology regulation should include a provision sunsetting the law or regulation within two years.
  3. The Parity ProvisionAny operator offering a similarly situated product or service should be regulated no more stringently than its least regulated competitor.

These provisions are crafted in a somewhat generic fashion in the hope that these reform proposals could be modified and adopted by various legislative or regulatory bodies. If you are interested in reading more details about each proposal, jump over to Plain Text to read the entire essay.

As I have previously written about, a bill currently up for debate in Congress runs the risk of gutting critical liability protections for internet intermediaries. Earlier today the Stop Enabling Sex Traffickers Act passed out of committee with an amendment attempted to remedy some of the most damaging changes to Section 230 in the original act. While this amendment has gained support from some industry groups, it does not fully address the concerns regarding changes to intermediary liability under Section 230. While the amended version shows increased awareness of the far reaching consequences of the act, it does not fully address issues that could have a chilling effect on speech on the internet and risk stifling future internet innovation.

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