I’m excited to announce that the Minnesota Journal of Law, Science & Technology has just published the final version of my 78-page paper on, “Technopanics, Threat Inflation, and the Danger of an Information Technology Precautionary Principle.” My thanks to the excellent team at the Journal, who made the final product a much better paper than the one I turned into them! I poured my heart and soul into this article and hope others find it useful. It’s the culmination of all my work on technopanics and threat inflation in information policy debates, much of which I originally developed here in various essays through the years. In coming weeks, I hope to elaborate on themes I develop in the paper in a couple of posts here.
The paper can be found on the Minn. J. L. Sci. & Tech. website or on SSRN. I’ve also embedded it below in a Scribd reader. Here’s the executive summary: Continue reading →
[Based on forthcoming article in the Minnesota Journal of Law, Science & Technology, Vol. 14 Issue 1, Winter 2013, http://mjlst.umn.edu]
I hope everyone caught these recent articles by two of my favorite journalists, Kashmir Hill (“Do We Overestimate The Internet’s Danger For Kids?”) and Larry Magid (“Putting Techno-Panics into Perspective.”) In these and other essays, Hill and Magid do a nice job discussing how society responds to new Internet risks while also explaining how those risks are often blown out of proportion to begin with.
Continue reading →
[UPDATE: 2/14/2013: As noted here, this paper was published by the Minnesota Journal of Law, Science & Technology in their Winter 2013 edition. Please refer to that post for more details and cite this final version of the paper going forward.]
I’m pleased to report that the Mercatus Center at George Mason University has just released my huge new white paper, “Technopanics, Threat Inflation, and the Danger of an Information Technology Precautionary Principle.” I’ve been working on this paper for a long time and look forward to finding it a home in a law journal some time soon. Here’s the summary of this 80-page paper:
Fear is an extremely powerful motivating force, especially in public policy debates where it is used in an attempt to sway opinion or bolster the case for action. Often, this action involves preemptive regulation based on false assumptions and evidence. Such fears are frequently on display in the Internet policy arena and take the form of full-blown “technopanic,” or real-world manifestations of this illogical fear. While it’s true that cyberspace has its fair share of troublemakers, there is no evidence that the Internet is leading to greater problems for society.
This paper considers the structure of fear appeal arguments in technology policy debates and then outlines how those arguments can be deconstructed and refuted in both cultural and economic contexts. Several examples of fear appeal arguments are offered with a particular focus on online child safety, digital privacy, and cybersecurity. The various factors contributing to “fear cycles” in these policy areas are documented.
To the extent that these concerns are valid, they are best addressed by ongoing societal learning, experimentation, resiliency, and coping strategies rather than by regulation. If steps must be taken to address these concerns, education and empowerment-based solutions represent superior approaches to dealing with them compared to a precautionary principle approach, which would limit beneficial learning opportunities and retard technological progress.
The complete paper can be found on the Mercatus site here, on SSRN, or on Scribd. I’ve also embedded it below in a Scribd reader. Continue reading →
Congressmen working on national intelligence and homeland security either don’t know how to secure their own home Wi-Fi networks (it’s easy!) or don’t understand why they should bother. If you live outside the Beltway, you might think the response to this problem would be to redouble efforts to educate everyone about the importance of personal responsibility for data security, starting with Congressmen and their staffs. But of course those who live inside the Beltway know that the solution isn’t education or self-help but… you guessed it… to excoriate Google for spying on members of Congress (and bigger government, of course)!
Consumer Watchdog (which doesn’t actually claim any consumers as members) held a press conference this morning about their latest anti-Google stunt, announced last night on their “Inside Google” blog: CWD drove by five Congressmen’s houses in the DC area last week looking for unencrypted Wi-Fi networks. At Jane Harman’s (D-CA) home, they found two unencrypted networks named “Harmanmbr” and “harmantheater” that suggest the networks are Harman’s. So they sent Harman a letter demanding that she hold hearings on Google’s collection of Wi-Fi data, charging Google with “WiSpying.” This is a classic technopanic and the most craven, cynical kind of tech politics—dressed in the “consumer” mantle.
The Wi-Fi/Street View Controversy
Rewind to mid-May, when Google voluntarily disclosed that the cars it used to build a photographic library of what’s visible from public streets for Google Maps Street View had been unintentionally collecting small amounts of information from unencrypted Wi-Fi hotspots like Harman’s. These hotspots can be accessed by anyone who might drive or walk by with a Wi-Fi device—thus potentially exposing data sent over those networks between, say, a laptop in the kitchen, and the wireless router plugged into the cable modem.
Google’s Street View allows you to virtually walk down any public street and check out the neighborhood Continue reading →
My friend Anne Collier of Net Family News, one of America’s great sages on child safety issues, has produced a terrific list of reasons “Why Technopanics are Bad.” Technopanics and moral panics are topics I’ve spent quite a bit of time commenting on here. (See 1, 2, 3, 4.) Anne is a rare voice of sanity and sensible advice when it comes to online child safety issues and I encourage you to read all her excellent work on the subject, including her book with Larry Magid, MySpace Unraveled: A Parent’s Guide to Teen Social Networking. Anyway, here’s Anne’s list, and I encourage you to go over to her site and contribute your thoughts and suggestions about what else to add:
Technopanics are bad because they…
- Cause fear, which interferes with parent-child communication, which in turn puts kids at greater risk.
- Cause schools to fear and block digital media when they need to be teaching constructive use, employing social-technology devices and teaching new media literacy and citizenship classes throughout the curriculum.
- Turn schools into barriers rather than contributors to young people’s constructive use.
- Increase the irrelevancy of school to active young social-technology users via the sequestering or banning of educational technology and hamstring some of the most spirited and innovative educators.
- Distract parents, educators, policymakers from real risks – including, for example, child-pornography laws that do not cover situations where minors can simultaneously be victim and “perpetrator” and, tragically, become registered sex offenders in cases where there no criminal intent (e.g., see this).
- Reduce the competitiveness of US education among developed countries already effectively employing educational technology and social media in schools.
- Reduce the competitiveness of US technology and media businesses practicing good corporate citizenship where youth online safety is concerned.
- Lead to bad legislation, which aggravates above outcomes and takes the focus off areas where good laws on the books can be made relevant to current technology use.
- Widen the participation gap for youth – technopanics are barriers for children and teens to full, constructive participation in participatory culture and democracy.
“The quickest way to find out who your enemies are is to try doing something new.” Thus begins Innovation and Its Enemies, an ambitious new book by Calestous Juma that will go down as one of the decade’s most important works on innovation policy.
Juma, who is affiliated with the Harvard Kennedy School’s Belfer Center for Science and International Affairs, has written a book that is rich in history and insights about the social and economic forces and factors that have, again and again, lead various groups and individuals to oppose technological change. Juma’s extensive research documents how “technological controversies often arise from tensions between the need to innovate and the pressure to maintain continuity, social order, and stability” (p. 5) and how this tension is “one of today’s biggest policy challenges.” (p. 8)
What Juma does better than any other technology policy scholar to date is that he identifies how these tensions develop out of deep-seated psychological biases that eventually come to affect attitudes about innovations among individuals, groups, corporations, and governments. “Public perceptions about the benefits and risks of new technologies cannot be fully understood without paying attention to intuitive aspects of human psychology,” he correctly observes. (p. 24) Continue reading →
I am pleased to announce the release of the second edition of my book, Permissionless Innovation: The Continuing Case for Comprehensive Technological Freedom. As with the first edition, the book represents a short manifesto that condenses — and attempts to make more accessible — arguments that I have developed in various law review articles, working papers, and blog posts over the past few years. The book attempts to accomplish two major goals.
First, I attempt to show how the central fault line in almost all modern technology policy debates revolves around “the permission question,” which asks: Must the creators of new technologies seek the blessing of public officials before they develop and deploy their innovations? How that question is answered depends on the disposition one adopts toward new inventions. Two conflicting attitudes are evident.
One disposition is known as the “precautionary principle.” Generally speaking, it refers to the belief that new innovations should be curtailed or disallowed until their developers can prove that they will not cause any harms to individuals, groups, specific entities, cultural norms, or various existing laws, norms, or traditions.
The other vision can be labeled “permissionless innovation.” It refers to the notion that experimentation with new technologies and business models should generally be permitted by default. Unless a compelling case can be made that a new invention will bring serious harm to society, innovation should be allowed to continue unabated and problems, if they develop at all, can be addressed later.
I argue that we are witnessing a grand clash of visions between these two mindsets today in almost all major technology policy discussions today. Continue reading →