Articles by Jerry Brito

Jerry is a senior research fellow at the Mercatus Center at George Mason University, and director of its Technology Policy Program. He also serves as adjunct professor of law at GMU. His web site is jerrybrito.com.


Adam recently pointed to Robert Litan and Hal Singer’s new Harvard Business Review essay in which they defend ISPs’ right to offer special handling for certain packets. They write, “The ability to purchase priority delivery from ISPs would spur innovation among businesses, large and small. Priority delivery would enable certain real-time applications to operate free of jitter and generally perform at higher levels.”

I’ve recently begun to see this sort of argument used in the net neutrality debate more frequently. Where once the mantra of the opponents of regulation was that, thanks to competition, there has never been a serious case of discrimination so that government intervention was unnecessary, now we’re hearing more and more that innovation and investment will suffer if ISPs are not allowed to offer priority services over the internet.

What Litan and Singer explain about price discrimination and product differentiation is absolutely correct. What I don’t think they understand is that “priority delivery” of content over the internet is not within ISPs’ technical capability.

First, let’s be clear what we’re talking about here. As far as I understand it, net neutrality regulation would apply to communications over the internet, not simply to communications that happen to use internet protocol (IP). Consider services like ESPN360, or edge-caching a la Akamai, or imagine Google colocating their YouTube servers at Verizon’s offices. These techniques allow users to get packets over the internet quicker, but do nothing to violate neutrality. You can also imagine Comcast offering an IP-based video game service that, much like cable TV, creates a fast direct connection between Comcast and the user. In a sense, this is prioritization of packets, but not over the internet. If I’m not wildly off-base, this would not violate any of the major net neutrality proposals, either.

So if we’re not talking about colocating, edge-caching, or creating separate IP-based networks, how exactly would ISPs offer “priority delivery” of packets over the internet? Continue reading →

This week on the podcast, Birgitta Jónsdóttir, Member of the Icelandic Parliament for the Movement party, and one of the chief sponsors of the Icelandic Modern Media Initiative, discusses the initiative.  She explains how it was crafted, who it would protect and how, and Wikileaks’ influence on it.  Jónsdóttir specifically discusses the proposal’s impact on journalists, sources, whistleblowers, libel tourism, superinjunctions, freedom of information, prior restraint, and government transparency.  She also talks about the inspiration behind the initiative, which stems partly from her background as a writer and activist, and her path to the Icelandic Parliament.

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Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Clay Shirky on cognitive surplus, Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.

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This week on the podcast, Gilbert Wondracek, research fellow at the International Secure Systems Lab and postdoctoral fellow at the Vienna University of Technology, discusses his research on the online porn industry.  He addresses various economic roles of online porn providers and the industry’s connections to malware and cybercrime.  Wondracek also explains how he investigated the industry, how he set up adult websites to assess user vulnerabilities and examine traffic, what he learned, and how he got approval for the project.

Related Readings

Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Clay Shirky on cognitive surplus, Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.

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This week on the podcast, Perry Chen, co-founder and CEO of Kickstarter, an online platform for funding creative projects, discusses the enterprise.  Chen talks about the inspiration behind Kickstarter and its business model, how project creators convince backers (not investors) to fund them, funding success rates, and the most interesting projects funded so far.

Related Readings

Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Clay Shirky on cognitive surplus, Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.

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This week on the podcast, Catherine White, graduate student at New York University’s Interactive Telecommunications Program, where she is researching productive participatory discussion, talks about her thesis on the Noisy Idiot Dilemma.  White explains the dilemma — how to foster productive online conversation when certain speakers exhibit noisy, unproductive, or unhelpful behavior — and discusses her research on various online forums, weblog comments, effects of humor, anonymity, and empathy online, and characteristics of elastic, oily conversation.

Related Readings

Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Clay Shirky on cognitive surplus, Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.

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On the podcast this week, Eric Frank, co-founder and president of Flat World Knowledge, the leading publisher of commercial, openly licensed college textbooks, discusses the company and its business model, which he compares to that of Red Hat. In the podcast Frank addresses moral hazards of the traditional college textbook publishing model, the company’s genesis, products and services it offers, how it makes money, and why it appeals to students, professors, and authors.

Related Readings

Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Clay Shirky on cognitive surplus, Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.

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On the podcast this week, Tim Stevens, PhD candidate in the Dept. of War Studies, King’s College London, where he researches the politics of cybersecurity and cyberwarfare, and regular contributor to The Guardian, Forbes’ cybersecurity blog The Firewall , and Current Intelligence discusses cyberwar.  Stevens talks about the current cybersecurity climate; nuances between cyberespionage, cybercrime, and cyberwar; the balance between roles of government and private sector; and differences in cybersecurity attitudes in the U.K. and the U.S.

Related Readings

Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Clay Shirky on cognitive surplus, Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.

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On this week’s episode of the podcast, Adrian Johns, professor in the Department of History at the University of Chicago, expert on the history of science and the history of the book, and author of the new book, Piracy: The Intellectual Property Wars from Guttenberg to Gates , discusses the history of intellectual property and piracy.  He discusses origins of copyright law in London, the first pirates, and today’s digital piracy.  He also addresses the future of books and potential tipping points that could prompt changes in copyright law, citing the Google Books project and pharmaceuticals in the developing world.
Related Readings

Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Clay Shirky on cognitive surplus, Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.

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On this week’s episode of the podcast, Clay Shirky, adjunct professor at New York University’s Interactive Telecommunications Program, discusses his new book, Cognitive Surplus: Creativity and Generosity in a Connected Age. Shirky talks about social and economic effects of Internet technologies and interrelated effects of social and technological networks.  In this podcast he discusses social production, open source software, Wikipedia, defaults, Facebook, and more.

Related Readings

Do check out the interview, and consider subscribing to the show on iTunes. Past guests have included Nick Carr on what the internet is doing to our brains, Gina Trapani and Anil Dash on crowdsourcing, James Grimmelman on online harassment and the Google Books case, Michael Geist on ACTA, Tom Hazlett on spectrum reform, and Tyler Cowen on just about everything.

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