Articles by Berin Szoka

Berin is the founder and president of TechFreedom, a tech policy think tank based on pragmatic optimism about technology and skepticism about government. Previously, he was a Senior Fellow at The Progress & Freedom Foundation and Director of PFF's Center for Internet Freedom.


In January, we had the “Fear the Boom & Bust” rap video that pitted John Maynard Keynes v. Friedrich Hayek rapping about their respective approaches to monetary and fiscal policy, and theories of the business cycle. Now Pantless Knights (a web comic team) offers a terrific spoof of the Jay-Z/Alicia Keys video “Empire State” of mind rap video—instead of “New York,” the video celebrates the “New Dork” and the “Entrepreneur State of Mind.”

PantlessKnights describes the video as a “tribute to our favorite entrepreneurs (who are all ‘new dorks’).” The lyrics offer a short introduction to start-up capitalism:

Now I’m in the blogosphere, Now I’m in the twitterverse
Fans get so immersed, But I’m a nerd forever
I’m the new Zuckerberg, And since my website
I been cookin’ dough like a chef servin’ killa-bytes
Used to be the basement, Back at my mom’s place
Buildin’ web traffic so that we could sell an ad space Continue reading →

The Treasury Department today announced that it would grant the State Department’s December request (see the Iran letter here) for a waiver from U.S. embargoes that would allow Iranians, Sudanese and Cubanese to download “free mass market software … necessary for the exchange of personal communications and/or sharing of information over the internet such as instant messaging, chat and email, and social networking.”

I’m delighted to see that the Treasury Department is implementing Secretary Clinton’s pledge to make it easier for citizens of undemocratic regimes to use Internet communications tools like e-mail and social networking services offered by US companies (which Adam discussed here). It has been no small tragedy of mindless bureaucracy that our sanctions on these countries have actually hampered communications and collaboration by dissidents—without doing anything to punish oppressive regimes. So today’s announcement is a great victory for Internet freedom and will go a long way to bringing the kind of free expression we take for granted in America to countries like Iran, Sudan and Cuba.

But I’m at a loss to explain why the Treasury Department’s waiver is limited to free software. The U.S. has long objected when other countries privilege one model of software development over another—and rightly so: Government should remain neutral as between open-source and closed-source, and between free and paid models. This “techno-agnosticism” for government is a core principle of cyber-libertarianism: Let markets work out the right mix of these competing models through user choice!

Why should we allow dissidents to download free “Web 2.0” software but not paid ones? Not all mass-market tools dissidents would find useful are free. Many “freemium” apps, such as Twitter client software, require purchase to get full functionality, sometimes including privacy and security features that are especially useful for dissidents. To take a very small example that’s hugely important to me as a user, Twitter is really only useful on my Android mobile phone because I run the Twidroid client. But the free version doesn’t support multiple accounts or lists, which are essential functions for a serious Tweeter. The Pro version costs just $4.89—but if I lived in Iran, U.S. sanctions would prevent me from buying this software. More generally, we just don’t know what kind of innovative apps or services might be developed that would be useful to dissidents, so why foreclose the possibility of supporting them through very small purchases? Continue reading →

It’s a great honor and pleasure for me to welcome Larry Downes to the TLF. Larry coined the term “Killer App” in his 1998 book, Unleashing the Killer App: Digital Strategies for Market Dominance. He’s written a few great pieces for CNET recently. And you can find our more about him at his website.

His latest book, The Laws of Disruption, was a rare bright spot in a decade of terrible books about technology and revived a venerable tradition of dynamist classics, including his previous book as well as Clayton Christensen’s 1997 book The Innovator’s Dilemma: When New Technologies Cause Great Firms to Fail and Virginia Postrel’s 1999 The Future and its Enemies. The Laws of Disruption expresses both optimism about the capacity of ongoing disruptive innovation to improve our lives and a healthy skepticism about regulation—as Adam noted in his 10 Most Important Info-Tech Policy Books of 2009 review.

Larry’s taught technology law (Northwestern) and business (Chicago, UC-Berkeley) over the years and is currently a nonresident Fellow with the Stanford Law School Center for Internet & Society. He’s a terrifically nice guy, a great writer, and a welcome ally in the fight for cyber-freedom.

Adam says no, as have Sonia and Wayne. Adam and I have pointed out that the FTC might want to think twice about crippling advertising at a time when it’s needed more than ever—before rushing to the kind of media bailout called for by the neo-Marxists at Free Press. The Onion‘s team of leading commentators generally agrees, but points out an under-appreciated dimension of the debate.


How Will The End Of Print Journalism Affect Old Loons Who Hoard Newspapers?

Progress Snapshot 6.6, The Progress & Freedom Foundation (PDF)

Mobile broadband speeds (at the “core” of wireless networks) are about to skyrocket—and revolutionize what we can do on-the-go online (at the “edge”).  Consider four recent stories:

  1. NetworksMobileCrunch notes that Verizon will begin offering 4G mobile broadband service (using Long Term Evolution or LTE) “in up to 60 markets by mid-2012″—at an estimated 5-12 Mbps down and 2-5 Mbps up, LTE would be faster than most wired broadband service.
  2. Devices: Sprint plans to launch its first 4G phone (using WiMax, a competing standard to LTE) this summer.
  3. Applications: Google has finally released Google Earth for the Nexus One smartphone on T-Mobile, the first to run Google’s Android 2.1 operating system.
  4. Content: In November, Google announced that YouTube would begin offering high-definition 1080p video, including on mobile devices.

While the Nexus One may be the first Android phone with a processor powerful enough to crunch the visual awesomeness that is Google Earth, such applications will still chug along on even the best of today’s 3G wireless networks.  But combine the ongoing increases in mobile device processing power made possible by Moore’s Law with similar innovation in broadband infrastructure, and everything changes: You can run hugely data-intensive apps that require real-time streaming, from driving directions with all the rich imagery of Google Earth to mobile videoconferencing to virtual world experiences that rival today’s desktop versions to streaming 1080p high-definition video (3.7+ Mbps) to… well, if I knew, I’d be in Silicon Valley launching a next-gen mobile start-up!

This interconnection of infrastructure, devices and applications should remind us that broadband isn’t just about “big dumb pipes”—especially in the mobile environment, where bandwidth is far more scarce (even in 4G) due to spectrum constraints.  Network congestion can spoil even the best devices on the best networks.  Just ask users in New York City, where AT&T has apparently just stopped selling the iPhone online in order to try to relieve AT&T’s over-taxed network under the staggering bandwidth demands of Williamsburg hipsters, Latter-Day Beatniks from the Village, Chelsea boys, and Upper West Side Charlotte Yorks all streaming an infinite plethora of YouTube videos and so on. Continue reading →

Last July, Adam Thierer and I argued in a Forbes.com piece that the Microsoft/Yahoo! search partnership should be cause for “celebration among as a good thing for consumers. By providing a strong competitor with a combined 28% market share, the deal should also be a source of relief at Google, which has come under increasing attack for its supposed market dominance.” Today, 205 days later, the companies have finally announced that EU and US antitrust regulators have approved their deal.

So… how does a delay of nearly seven months help consumers? Wouldn’t we be better off if the two companies had been able to start working together immediately to develop a stronger search engine competitor without this “Mother, May I?” routine?

Last year, I described how Microsoft’s delayed entry into search advertising put them at a serious disadvantage in competing with Google. (The company dithered over buying search ad startup Overture and ultimately decided to build its own system—which proved a serious miscalculation.) I’ll just reiterate what we said about the Yahoo!/Microsoft deal when it was first announced.

Yahoo!/Microsoft pact is just the latest pairing of Web 1.0 titans struggling to reinvent themselves and compete with Google, a titan that still thinks of itself as a start-up. All three companies will struggle to meet new challenges as search evolves toward the social(reflecting what your friends like), the semantic (reflecting the precise, rather than presumed, meanings of Web content), the personalized (reflecting your own preferences) and the interactive (including user-generated comments or reviews)…. Continue reading →

If a tree falls in the forest, who cares who hears it?

But when we “publish,” “speak” or “share” online, we often do care who hears it. While millions of users eagerly share huge amounts of information about themselves and their activities by posting status updates, photos, videos, events, etc., nearly everyone would rather limit some of their sharing to a select circle of contacts. For some users (and in some situations), that circle might be quite small, while it could be very large or unlimited for other users or situations. How public is too public when it comes to what we share about ourselves? Personalizing our audience is something we each have to decide for ourselves depending on the circumstances—what I would call “publication privacy.” (It’s a potentially ambiguous term, I’ll grant you, since “publication” still doesn’t obviously refer to user-generated content in everyone’s mind, but I think it’s more clear than “Sharing Privacy,” since “publication” is a subset of the information we “share” about ourselves.)

For all the talk about the “Death of Privacy“—be that good, bad, or simply inevitable—publication privacy is thriving. Twitter, most famously, offers users only the binary choice of either locking down their entire feed (so that you have to approve requests to “follow” you) or making it public to everyone on the service. But just in the last two months, we’ve seen a sea change in the ability of users to manage their publication privacy.

Facebook’s Publication Controls

First, in December, Facebook began offering users the ability to control access to each and every piece of content they share—like so:

Continue reading →

At the FTC’s second Exploring Privacy roundtable at Berkeley in January, many of the complaints about online advertising centered on how difficult it was to control the settings for Adobe’s Flash player, which is used to display ads, videos and a wide variety on other graphic elements on most modern webpages, as well the potential for unscrupulous data collectors to “re-spawn” standard (HTTP) cookies even after a user deleted them simply by referencing the Flash cookie on a user’s computer from that domain—thus circumventing the user’s attempt to clear out their own cookies. Adobe to the first criticism by promising to include better privacy management features in Flash 10.1 and by condemning such re-spawning and calling for “a mix of technology tools and regulatory efforts” to deal with the problem (including FTC enforcement). (Adobe’s filing offers a great history of Flash, a summary of its use and an introduction to Flash Cookies, which Adam Marcus detailed here.)

Earlier this week (and less than three weeks later), Adobe rolled out Flash 10.1, which offers an ingenious solution to the problem of how to manage flash cookies: Flash now simply integrates its privacy controls with Internet Explorer, Firefox and Chrome (and will soon do so with Safari). So when the user turns on “private browsing mode” in these browser, the Flash Cookies will be stored only temporarily, allowing users to use the full functionality of the site, but the Flash Player will “automatically clear any data it might store during a private browsing session, helping to keep your history private.” That’s a pretty big step and an elegantly simple to the problem of how to empower users to take control of their own privacy. Moreover:

Flash Player separates the local storage used in normal browsing from the local storage used during private browsing. So when you enter private browsing mode, sites that you previously visited will not be able to see information they saved on your computer during normal browsing. For example, if you saved your login and password in a web application powered by Flash during normal browsing, the site won’t remember that information when you visit the site under private browsing, keeping your identity private.

Continue reading →

Glen Robinson, my favorite professor back at Virginia Law, will be giving a lecture about “Regulating Communications: Stories from the First Hundred Years” at George Mason Law School this Thursday (2/18) at 4 pm. You simply couldn’t find a better person to give that talk. Robinson isn’t quite old enough to first-hand stories all the way back to the birth of the Federal Radio Commission in 1926 and the FCC in 1934, but he started practicing communications law back in 1961, was an FCC Commissioner 1974-76, and has taught at UVA since 1976 (until finally retiring in 2008).

Reading about his long career is a bit like watching the British comedy series Black Adder: Somehow, like Rowan Atkinson’s character Black Adder, Robinson keeps popping up again and again at pivotal moments in communications law history—most notably, he worked to draft early anti-cable rules in the 1960s and voted for the FCC’s indecency prosecution against George Carlin’s “Filthy Words” monologue. But unlike Black Adder, who always happens to be at the right place at the right time, make the wrong decisions and foolishly learns nothing, Robinson sometimes made the wrong decision, but demonstrated that rare ability to rethink his approach and admit he was wrong—an intellectual honesty most famously exemplified by FA Hayek. Robinson grew to become among the most trenchant, and certainly the most sage, critic of the FCC’s constant evolution towards censorship and curtailing competition in the communications industry. His general skepticism about administrative regulation is perhaps the most thoughtful and refined you’ll find in academe—and not just in communications law.  Continue reading →

I’m a big fan of CNET’s “Buzz Out Loud” podcast and often enjoy co-host Molly Wood’s occasional “Molly Rant” but I’m disappointed to see her jumping on the Google-bashing bandwagon with her latest rant: “Google Buzz: Privacy nightmare.” Instead of appreciating the “privacy by design” features of Buzz, she seems to be rushing to privacy paternalism—just as I feared many would when I blogged about the Buzz launch.

Molly’s primary complaint, repeated several times, is that “you automatically follow everyone in your Gmail contact list, and that information is publicly available in your profile, by default, to everyone who visits your profile.” Actually, while Buzz does automatically follow some users your contact list, it does so only for the ones you chat with most using Gmail (which I believe means only other Gmail users). After that, Buzz simply tells you when other users follow you, and makes it easy to follow them.

So what’s the big deal? Molly’s concern, shared by a number of other bloggers, is that, before a user can start Buzzing, they have to set up Google Profile (another Google product launched last August, which typically appears on the bottom of the first page of Google search results for that name) and the default setting for Google profiles is to “Display the list of people I’m following and people following me.” In this respect, your Google Profile is a lot like your Facebook profile, except that users can decide to hide their followers/followees on their Google profile. (On Facebook, that information is part of the limited bucket of “publicly available information” and can’t be hidden by the user from their profile, but users can opt-out of having their profile accessible at all through search engines or Facebook search.)

There are essentially three ways of dealing with this concern about inadvertent sharing of sensitive contacts: Continue reading →