Articles by Adam Thierer

Adam ThiererSenior Fellow in Technology & Innovation at the R Street Institute in Washington, DC. Formerly a senior research fellow at the Mercatus Center at George Mason University, President of the Progress & Freedom Foundation, Director of Telecommunications Studies at the Cato Institute, and a Fellow in Economic Policy at the Heritage Foundation.


ImageI was very sad to learn that James Gattuso passed away this week. James was a friend and a wonderful mentor to me. I actually took his position at the Heritage Foundation in the early 1990s, which he had vacated a few years prior to go to work in the White House. But after I left Heritage in 2000, James returned shortly thereafter to take back essentially the same position. We often joked that Heritage should just name the position after us and let us play musical chairs there forevermore! 

I learned so much from James through the years and regularly sought his advice on matters. In fact, when I first started this blog in 2004, James was one of the first three people I reached out to and asked to join. He contributed dozens of essays here. His entries read like newspaper dispatches from the frontlines of a battle. I always thought James would have made a terrific reporter, but his love of liberty made him want to fight for a cause. Hence, his life-long devotion to policy advocacy and the freedom to innovate in particular. 

But the most important thing I learned from working with James was how to properly conduct myself as an analyst and a human being. James was such a kind soul, and he always had time for everyone. Most importantly, he treated them with enormous respect, even when he violently disagreed with them. He listened carefully, digested arguments, and addressed them with a cool tenor, but also a powerful wit.

James famously developed a set of “10 Rules for Policy Analysts” that reflected much of that wisdom. His first rule: If the answer looks easy, you’ve missed something. There’s probably a reason no one has thought of it before.” His third: “Don’t assume everyone has read your paper, even if it is really, really good. Most people didn’t get past the first paragraph. Most of those only read the title.” There are many other gems like that in his Top 10 list. 

But his second rule is perhaps the most important piece of advice he ever gave me: “Don’t assume the other guy is evil. He may be, but will be on your side later.” That’s great advice because so many young people in the world of public policy (and it included me for awhile) tend to look at their opponents as nefarious-minded dimwits who are without hope or a moral compass.

As you age, you realize that’s nonsense, of course. But James taught me early on to avoid falling into this trap. I used to be pretty hot-headed in my early years as an analyst, but James would gently caution me about why I might be better off considering my intellectual opponents in a different light and granting them the same measure of respect that I hoped to garner from them myself. It’s a simple but powerful notion that is too often ignored–in all aspects of life. But James lived by that rule and everyone I know respected him enormously as a result. His advice and his example provide us with a model to live by.     

Thank you for everything you taught me, James. You will be missed, but never forgotten. 

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Does anyone remember Blockbuster and Hollywood Video? I assume most of you do, but wow, doesn’t it seem like forever ago when we actually had to drive to stores to get movies to watch at home? What a drag that was!

Yet, just 15 years ago, that was the norm and those two firms were the titans of video distribution, so much so that federal regulators at the Federal Trade Commission looked to stop their hegemony through antitrust intervention. But then those firms and whatever “market power” they possessed quickly evaporated as a wave of Schumpeterian creative destruction swept through video distribution markets. Both those firms and antitrust regulators had completely failed to anticipate the tsunami of technological and marketplace changes about to hit in the form of alternative online video distribution platforms as well as the rise of smartphones and robust nationwide mobile networks.

Today, this serves as a cautionary tale of what happens when regulatory hubris triumphs over policy humility, as Trace Mitchell and I explain in this new essay for National Review Online entitled, “The Crystal Ball of Antitrust Regulators Is Cracked.” As we note:

There is no discernable end point to the process of entrepreneurial-driven change. In fact, it seems to be proliferating rapidly. To survive, even the most successful companies must be willing to quickly dispense with yesterday’s successful business plans, lest they be steamrolled by the relentless pace of technological change and ever-shifting consumer demands. It is easy to understand why some people find it hard to imagine a time when Amazon, Apple, Facebook, and Google won’t be quite as dominant as they are today. But it was equally challenging 20 years ago to imagine that those same companies could disrupt the giants of that era.

Hopefully today’s policymakers will have a little more patience and trust competition and continued technological innovation to bring us still more wonderful video choices.

[OC] Blockbuster Video US store locations between 1986 and 2019 from r/dataisbeautiful

Here’s a new episode of the James Madison Institute “Policy Gone Viral” podcast in which my former Mercatus Center colleague Andrea O’Sullivan and I discuss the future of technological innovation and the public policies governing it. The video is embedded below or you can listen to just the audio here.

This week, it was my pleasure to be interviewed by Eric Peterson of the Pelican Institute on their “PeliCast” live video podcast. We discussed potential futures for permissionless innovation and, more importantly, what my favorite beer in Louisiana is. Tune in to find the answer!

 

Teacher pay raise funding passes House | Local | idahostatejournal.comWhy can’t governments ever clean up their messes? Occasional spring cleanings are essential not only for keeping our own homes tidy and in good working order, but also for keeping our government systems functioning effectively. What can be done? In a new essay with my Mercatus Center colleagues Patrick McLaughlin and Matthew Mitchell, we note that Idaho Governor Brad Little has just issued a smart Executive Order that aims to clean house by bringing state rules in line with common sense. Specifically, the governor’s order addresses what to do with the 150-plus regulations that Idaho state agencies waived in response to the COVID-19 outbreak. This is a great model for other states, and it tracks a proposal that Patrick, Matt, and I floated in a white paper just a few months ago. The entire essay, which originally ran on The Bridge, is reprinted below.

_________

Idaho “Spring Cleaning” Order a Model for Other States

by Patrick McLaughlin, Matthew D. Mitchell & Adam Thierer

Regulations tend to accumulate endlessly. Today there are over 1 million restrictive words (think “shall” or “must”) in the Code of Federal Regulations. Some states, like California and New York, layer on hundreds of thousands of additional regulatory restrictions. Fewer than 1 percent of these rules have been subjected to rigorous cost-benefit analyses. And once regulations are on the books, it is fairly rare to see them subjected to any sort of retrospective review to see how they have performed. Continue reading →

Marc Andreessen is interviewed by Sriram Krishan in his new newsletter, The Observer Effect, and asked what motivates him to support technological innovation and “to go read up on a new topic every day” related to tech and progress. His answer is inspirational and perfectly encapsulates why I also have made technological progress the focus of my life’s work:

I am a deep believer in – after learning a lot over the years about economic history and of cultural history – that technology really is the driver. There were basically millennia of just subsistence farming industry and all of a sudden, there was this vertical takeoff a few hundred years ago. And quality of life exploded around the world. Not evenly but starting in Europe and expanding out. It’s basically all technology. It’s always the printing press, it’s the internet and on and on. And you get this incredible upward trajectory. We have the potential over the course of the next century or over the next few centuries to really dramatically advance and have life be better for virtually everybody. Technology is quite literally the lever for being able to take natural resources and able to make something better out of them.

And so it’s just it’s the most interesting and by far the most useful and the most beneficial thing I can think of doing.

Amen, brother! I devoted my last two books (Permissionless Innovation and Evasive Entrepreneurs) and all my life’s work, to proving that exact point. Also, I really like Andreessen’s definition of technology as, “the lever for being able to take natural resources and able to make something better out of them.” I’ve added that to my running compendium, “Defining Technology,” which features various definitions of technology.

 

[Co-authored with Connor Haaland and originally published on The Bridge as, “Do Our Leaders Believe in Free Speech and Online Freedom Anymore?”]

The president is a counterpuncher': Trump on familiar ground in ...A major policy battle has developed regarding the wisdom of regulating social media platforms in the United States, with the internet’s most important law potentially in the crosshairs. Leaders in both major parties are calling for sweeping regulation.

Specifically, President Trump and his presumptive opponent in the coming presidential election, former Vice President Joe Biden, have both called for “Section 230” of the Communications Decency Act to be repealed. Last week, the president took a misguided step in this direction by signing an executive order that, if fully carried out, will result in significantly greater regulation of the internet and of speech.

A Growing Call to Regulate Internet Platforms

The ramifications of these threats and steps could not be more profound. Without Section 230—also known as “the 26 words that created the internet”—we would have a much less advanced internet ecosystem. Twitter, Facebook, YouTube, and Wikipedia would have never grown as quickly. Indeed, the repeal of Section 230 means many fewer jobs, less information distribution, and, frankly, less joy.

Shockingly, by backing Trump’s recent push for regulating these internet platforms, many conservatives are betraying their own principles—the ones that support freedom of expression and the ability to run private businesses without government interference.

Section 230 limits the liability online intermediaries face for the content and communications that travel over their networks. The immunities granted by Section 230 let online speech and commerce flow freely, without the constant threat of legal action or onerous liability looming overhead for digital platforms. To put it another way, without this provision, today’s vibrant internet ecosystem likely would not exist. Continue reading →

Here’s a webinar video of a discussion I had recently with Kevin Gomez and his colleague at the Institute for Economic Inquiry at Creighton University’s School of Business.  We discussed my new book, Evasive Entrepreneurs and the Future of Governance: How Innovation Improves Economies and Governments and the future of “permissionless innovation” more generally. My thanks to Kevin and his team at Creighton for inviting me to join them for a fun discussion. Topics include:

  • why evasive entrepreneurialism is expanding
  • the growth of innovation arbitrage
  • the difference between technologies that are “born free” versus “born in captivity”
  • the nature of “the pacing problem” and what it means for policy
  • the problem with “set-it-and-forget-it” & “build-and-freeze” regulations
  • technological risk and the potential for “soft law” governance
  • sensible legislative reforms to advance permissionless innovation (such as “the innovator’s presumption” and “the sunsetting imperative”)
  • how the COVID crisis potentially opens the Overton Window to much-needed policy change

President Trump and his allies have gone to war with social media sites and digital communications platforms like Twitter, Facebook, and Google. Decrying supposed anti-conservative “bias,” Trump has even floated an Executive Order aimed at “Preventing Online Censorship,” that entails many new forms of government meddling with these private speech platforms. Section 230 is their crosshairs and First Amendment restraints are being thrown to the wind.

Various others have already documented the many legal things wrong with Trump’s call for greater government oversight of private speech platforms. I want to focus on something slightly different here: The surprising ideological origins of what Trump and his allies are proposing. Because for those of us who are old-timers and have followed communications and media policy for many decades, this moment feels like deja vu all over again, but with the strange twist that supposed “conservatives” are calling for a form of communications collectivism that used to be the exclusive province of hard-core Leftists.

To begin, the truly crazy thing about President Trump and some conservatives saying that social media should be regulated as public forums is not just that they’re abandoning free speech rights, it’s that they’re betraying property rights, too. Treating private media like a “public square” entails a taking of private property. Amazingly, Trump and his followers have taken over the old “media access movement” and given it their own spin. Continue reading →

DIY medicineMargaret Talbot has written an excellent New Yorker essay entitled, “The Rogue Experimenters,” which documents the growth of the D.I.Y.-bio movement. This refers to the organic, bottom-up, citizen science movement, or “leaderless do-ocracy” of tinkerers, as she notes. I highly recommend you check it out.

As I noted in my new book on Evasive Entrepreneurs and the Future of Governance, “DIY health services and medical devices are on the rise thanks to the combined power of open-source software, 3D printers, cloud computing, and digital platforms that allow information sharing between individuals with specific health needs. Average citizens are using these new technologies to modify their bodies and abilities, often beyond the confines of the law.”

Talbot discusses many of the same examples I discuss in my book, including:

  • the Four Thieves Vinegar collective, which devised instructions for building its own version of the EpiPen;
  • e-nable, an international collective of thirty thousand volunteers, designs and 3-D-prints prosthetic hands and arms (and which has, more recently, distributed more than fifty thousand face shields in more than twenty-five countries.);
  • GenSpace and other community biohacking labs; and
  • Open Insulin and Open Artificial Pancreas System.

I like the way Talbot compares these movements to the hacker and start-up culture of the Digital Revolution: Continue reading →