Articles by Ryan Radia

Ryan is associate director of technology studies at the Competitive Enterprise Institute, where his work focuses on adapting law and policy to the unique challenges of the information age. His research areas include privacy, IP telecommunications, competition policy, and media regulation.


The FCC proposed new rules today aimed at combating wireless “bill shock,” a term that describes mobile subscribers getting hit with overage charges they didn’t anticipate. The proposed rules would require wireless providers to create a system for alerting customers when they are about to incur extra usage charges for voice, text, data, or roaming.

I can certainly see why some consumers may be frustrated with wireless pricing practices. But this frustration hardly constitutes evidence that the mobile marketplace is actually failing. Yes, mobile carriers sometimes make mistakes, and they probably need to do more to ensure their customers understand how overage charges work.

Competitive forces, however, are far better equipped than federal regulators to punish providers that engage in genuinely harmful practices. And if the federal government must “do something” about bill shock, educating mobile subscribers about where to locate and track their usage information is a far better approach than prescriptive, burdensome federal regulation.

Hypocritically, even as the FCC tries to reign in bill shock, its own policies are harming consumers far more than any wireless industry practices. The FCC has again and again put off spectrum auctions that would enable mobile providers to offer better services at lower prices. As a result, consumers are suffering to the tune of billions of dollars each year. Economists Thomas Hazlett and Roberto Munoz published a study last year in which they concluded that U.S. wireless prices would decline by 8% if the FCC were to allocate an additional 60mhz of spectrum to mobile telephony.

If the FCC truly cares about wireless subscribers, rather than simply grandstanding against competitive (if imperfect) mobile carriers, the Commission’s top priority should be to aggressively free up the airwaves.

But analysts at the Competitive Enterprise Institute urged the FCC not to interfere with market disputes and to instead turn its focus to the real obstacle to the wireless marketplace – the FCC’s own anti-consumer approach to spectrum allocation.

“Educating mobile subscribers about where to locate their up-to-date usage information – which all major wireless providers make available – is a far better solution to ‘bill shock’ than prescriptive federal regulation,” argued Ryan Radia, CEI Associate Director of Technology Studies.

Radia pointed out that some consumers’ frustration with current wireless pricing practices is hardly evidence that the mobile marketplace is failing. “To be sure, mobile carriers make occasional mistakes, and they need to work harder to ensure their customers stay well-informed,” Radia said. “But competitive forces are far better equipped than federal regulators to punish providers that engage in genuinely harmful practices or fail to satisfy consumers’ evolving preferences.”

In its efforts to address wireless bill disputes, the FCC purports to represent consumers’ interests; yet, Radia argued, the agency is harming consumers by delaying action to free up radio spectrum — the lifeblood of wireless communications.

“Consumers are suffering to the tune of billions of dollars each year on account of the FCC’s failure to free up radio spectrum for mobile communications,” Radia said. “Economists Thomas Hazlett and Roberto Munoz recently published a study finding that U.S. wireless prices would decline by 8% if the FCC were to allocate an additional 60mhz of spectrum to mobile telephony.”

“If the FCC genuinely cares about wireless subscribers, it should focus on aggressively freeing up the airwaves instead of comparatively trivial issues like bill shock.”

Last week, I had the pleasure of discussing net neutrality with James Boyle, a Duke Law Professor and the co-founder of the Center for the Study of the Public Domain, and Paul Jones, the director of ibiblio, on WUNC’s The State of Things radio program. Our hour-long discussion touched on a number of important tech policy topics, and I highly recommend giving the show a listen (download the MP3 here) if you’re interested in hearing the insights of two very thoughtful scholars and critics of cyber-libertarianism.

I’m a big admirer of Boyle and Jones, who’ve both done a lot of excellent work studying copyright and public domain in the information age. While I don’t share their views on the merits of net neutrality regulation — or, perhaps, of government regulation in general — there’s much common ground between us on many issues, including intellectual property, free speech, and government surveillance.

For folks who don’t want to spend an hour listening to our discussion, I’ve typed up a brief summary of the questions we attempted to tackle in our discussion and the various arguments we raised. My apologies if I’ve mischaracterized any arguments or statements  — if you want to know what was actually said, go listen to the whole interview!

Continue reading →

If you store sensitive files on your personal computer which law enforcement authorities wish to examine, they generally cannot do so without first obtaining a search warrant based upon probable cause.  But what if you store personal information online—say, in your Gmail account, or on Dropbox? What if you’re a business owner who uses Salesforce CRM or Windows Azure? How secure is your data from unwarranted governmental access?

Both the U.S. Senate and the House of Representatives are investigating these crucial questions in two separate hearings this week.  Congress hasn’t overhauled the privacy laws governing law enforcement access to information stored with remote service providers since 1986.  The Electronic Communications Privacy Act (ECPA), the key federal law governing electronic privacy, has grown increasingly out of touch with reality as technology has evolved and Americans have grown increasingly reliant on cloud services like webmail and social networking.  As a result, government can currently compel service providers to disclose the contents of certain types of information stored in the cloud without first obtaining a search warrant or any other court order requiring the scrutiny of a judge.

Thus, the Competitive Enterprise Institute has joined with The Progress & Freedom Foundation, Americans for Tax Reform, Citizens Against Government Waste, and the Center for Financial Privacy and Human Rights in submitting a written statement to the U.S. Senate and House Judiciary Committees urging Congress to reform U.S. electronic privacy laws to better reflect users’ privacy expectations in the information age.  The groups also belong to the Digital Due Process coalition, a broad array of public interest organizations, businesses, advocacy groups, and scholars who are working to strengthen U.S. privacy laws while also preserving the building blocks of law enforcement investigations.

Continue reading →

As the Internet evolves and new data collection technologies emerge, privacy concerns are increasingly in the spotlight. Few doubt that these concerns are, in many cases, legitimate. The major point of contention is which institutions in society are best equipped to address the privacy challenges of the information age. While a number of privacy scholars point to stricter federal regulation as the answer, others are very skeptical of granting government a more expansive role in safeguarding sensitive information on the Internet.

In this week’s issue of Advertising Age, Carolyn Homer and I have a guest column in which we discuss the role of market institutions in addressing privacy concerns:

A series of recent high-profile privacy gaffes involving internet firms such as Google, Microsoft and Facebook has spurred a public outcry for stronger privacy protections. Politicians in Congress have responded with a slew of blustering letters, hearings, and legislative threats. On July 19, Rep. Bobby Rush, D-Ill., introduced a sweeping privacy bill in the House of Representatives, and Sen. John Kerry, D-Mass., has pledged to introduce a similar bill in the Senate. This legislation would stifle the dynamic internet economy and targeted advertising while doing little to improve consumer privacy.

Mr. Rush’s bill, titled the Best Practices Act, would give the Federal Trade Commission broad new powers to regulate nearly any organization that routinely collects even basic data about individuals, including phone numbers and email addresses. The bill would empower the FTC to dictate businesses’ data security practices, perform extensive compliance audits, and even restrict which kinds of information firms can collect and how long they can store it.

This approach may sound sensible, but it ignores the crucial role of responsible data collection in the information age. Limiting such practices will impede e-commerce and endanger free internet content backed by advertising. The internet’s ubiquitous information sharing is a feature, not a bug.

Continue reading →

Chalk up another victim to unwarranted political intimidation by state attorneys general. On Friday evening, Craigslist, which has long been under intense pressure to crack down on sex crimes, replaced its adult services section in the U.S. with a black censor bar. This move comes on the heels of a scathing letter sent to Craigslist by seventeen state AGs insinuating that Craigslist is culpable for the “victimization of children.” While the state attorneys general are likely celebrating victory this holiday weekend, all they’ve really done is to stifle free speech online and complicate efforts by law enforcement authorities to go after the real bad guys — you know, the ones who are forcing kids into sex slavery.

This isn’t the first time states have publicly attacked Craigslist for its involvement in sex crimes. Various AGs been trying to intimidate the site into eliminating avenues of adult content for years, as Alex Harris and Jim Harper have chronicled on these pages. In response to state AGs’ relentless saber-rattling, Craigslist made several major changes last year aimed at curbing illegal postings. The site shut down its notorious “erotic services” section and began charging $10 for every posting made to the adult services section. Craigslist even began manually screening all posts submitted to the adult services section. Since May 2009, over 700,000 postings have been rejected.

Apparently none of these concessions were enough for state AGs, always eager to score political points. Despite the safeguards Craigslist implemented last year, users continued to use the site in the commission of sex crimes. This is hardly surprising; given the sheer volume of user submissions and the increasingly complex measures taken by criminals to obfuscate their unlawful solicitations, some illegal postings are bound to circumvent any filtering regime. Now that Craigslist has censored its adult services section, former users of the section will invariably flock to other sites, as has happened every single time a major Bittorrent site has been taken offline or crippled by litigation. Craigslist is just one of many, many websites on the Internet that’s frequented by criminals, after all. From popular sites like Google and Yahoo! to small blogs that accept user comments, nearly any site that allows user submissions can be used to break the law.

Such websites generally aren’t legally liable for crimes committed by their users, as courts across the country have held time and time again (1,2,3,4). That’s because when Congress overhauled America’s telecom laws in 1996, it enacted the Communications Decency Act, which grants “providers” of “interactive computer service” immunity from state criminal prosecution for illegal content posted by users. Thus, while prosecutors can and do pursue criminal charges against individuals who post illegal content to Craigslist, they can’t go after Craigslist itself, as long as the site complies with enforceable governmental requests and promptly removes content it knows to be illegal.

Continue reading →

Earlier this week, The Daily Show’s Jon Stewart summed up the debate over net neutrality by stating, “On one side [are] those who want the marketplace to remain a wide open market of ideas, and on the other side [is] a larger group who have no idea what net neutrality means.”

Stewart may have been joking, but he was right about one thing – many folks are confused about what net neutrality actually is and what it would mean for Internet users.

That’s why I decided to enter the America’s Got Net video contest, sponsored by the Open Internet Coalition, a pro-net neutrality trade association.  In a short video entitled, “The Open Internet and Lessons from the Ma Bell Era,” I explain how mandating net neutrality would endanger the networks of tomorrow and insulate entrenched firms from competition. Enjoy!

Recent revelations about Microsoft’s internal debate over Internet Explorer’s handling of tracking cookies, as chronicled by The Wall Street Journal earlier this month, have prompted harsh criticism from self-described privacy groups, who’ve called on Congress to investigate Microsoft’s actions. But as Jim Harper pointed out in an excellent WSJ essay, Web users stand to lose a great deal if online tracking is squelched by the hand of government. Data gathering on the Internet is largely harmless, and individually targeted advertising coexists with robust privacy safeguards.

Over on AOLNews.com, my colleague Carolyn Homer discusses these privacy tradeoffs, arguing that Microsoft and other Internet firms have a strong incentive to set privacy defaults that align with their users’ preferences. She points out that most consumers are, in practice, quite willing to live with allegedly “pervasive” tracking in exchange for the enormous benefits that targeted advertising makes possible. While many surveys and polls indicate consumers are very worried about their privacy, the actual decisions that consumers make every day tell a very different story (as documented extensively by Berin Szoka). From Carolyn’s piece:

A body of research reveals a sizable disparity between how much people say they value privacy and how willing they are to actually protect it. In a 2003 Duke Law Journal article, Michael Staten and Fred Cate found that fewer than 10 percent of users exercise their right to opt out and share less. Conversely, if given the opposite choice, fewer than 10 percent of users elect to opt in and share more. The vast middle is apparently indifferent.

If consumers were required to affirmatively opt in before sharing data, the Internet’s prevailing advertising-based business model would be decimated. The effectiveness of online advertising in Europe, for example, fell 65 percent after the European Union in 2002 required a blanket opt-in system. For more than a decade, the Internet has thrived on the assumption that most people believe it is a fair trade to receive free content in exchange for viewing ads. Mere advertisements shouldn’t be equated with gross privacy violations.

She goes on to discuss how privacy settings are evolving as consumer preferences adapt to new technologies and firms experiment with new ways to use and collect data. You can read the rest over at the AOL News website.

Today, China renewed Google’s license to do business in the country, reports The Washington Post. The announcement means that Google will maintain its presence in the country for the foreseeable future. Google will likely meet criticism, but this is good news nonetheless for Chinese Internet users.

The rapidly unfolding Google-China saga has made headline after headline since January, when Google announced that it had suffered an intrusion originating in China. In March, after months of internal debate and heavy public criticism, Google shut down its China-based search engine Google.cn, redirecting all queries to its Hong Kong-based Google.com.hk site. Late last month, Google reactivated some of its China-based services and has continued to operate in China, albeit on a limited basis.

Operating in China has long been a headache for Google, due to the Chinese government’s notorious disregard for Internet freedom, embodied by its infamous “Great Firewall of China.” China surveils all Internet traffic that traverses its borders and attempts to block its citizens from accessing information sources which the government considers unfavorable. China also gleans data from its network to identify and retaliate against political dissidents.

Human rights advocates have long derided Google and other U.S. tech companies, such as Microsoft and Yahoo, for doing business in China. China requires all search engines operating in the country to censor a broad range of information, like photos of the 1989 Tiananmen Square massacre. Critics contend that complying with the Chinese government’s oppressive demands is unethical and that facilitating censorship and suppression is morally unacceptable on its face.

Such criticisms, however principled, miss the forest for the trees. If Google were to cease its Chinese operations entirely, the result would be one less U.S. Internet firm accessible to Chinese citizens. While Google is the worldwide search leader, in the Chinese search market Google lags behind Baidu, a search company based in China. Baidu’s market share increased after Google shut down its China-based search site. If Google were to pull out of China entirely, chances are Baidu would pick up many more users.

Continue reading →

Facebook has had a tough month. The site’s latest round of privacy changes, implemented last month, spurred stiff backlash — not just from so-called privacy advocates, but also from several U.S. Senators. Facebook CEO Mark Zuckerberg shot back with an op-ed in The Washington Post, as Braden discussed here yesterday.

I’ve had much to say about Facebook’s past privacy controversies (1, 2, 3, 4, 5), but what really sticks out about the latest anti-Facebook backlash is who’s leading the charge: U.S. Senator Chuck Schumer.

Seriously, of all people, Chuck Schumer should be the last to criticize Facebook’s privacy practices. That’s because Schumer is leading the push in Congress to establish a biometric national identification regime. If Schumer had his way, all Americans, including U.S. citizens, wishing to legally work in this country would be required by law to obtain a national ID card! Compared to this highly invasive potential exercise of the state’s coercive power, concerns about Facebook’s privacy practices seem downright trivial.

Continue reading →

The Federal Trade Commission is reportedly on the verge of suing to block Google’s proposed acquisition of mobile advertising firm AdMob. The deal’s antitrust implications were discussed in a panel earlier this month on Capitol Hill featuring Berin Szoka. (For other interesting perspectives on the topic, see Geoff Manne and Tom Lenard).

In an opinion essay on Forbes.com this week, I argue that the FTC should approve Google’s acquisition of AdMob without conditions:

FTC Should Green-light Google AdMob Deal

by Ryan Radia

Google competes in many markets, but its most pressing threat comes not from a rival but from antitrust authorities. The Federal Trade Commission is reportedly on the verge of filing a lawsuit against Google to block its proposed $750 million acquisition of mobile advertising company AdMob. Yet antitrust fears about Google are misplaced. Government intervention would harm the very consumer interests the FTC is supposed to protect.

As the government prepares for a potential court battle against Google, the budding mobile advertising market is evolving before our very eyes. Just two weeks ago Apple launched iAd, a mobile advertising platform aimed at the world’s 50 million iPhone users. And Microsoft is in talks to acquire Millenial Media, another major player in mobile advertising, according to Business Insider.

Meanwhile, smart phone use is increasing rapidly–and opportunities for entry in the mobile advertising market are increasing with it. Can Google, armed with AdMob’s advertising platform, succeed in gaining the top spot in mobile advertising? Perhaps — but only if Google-AdMob manages to outcompete and out-innovate rivals that have deep pockets and brilliant engineers of their own.

What tomorrow’s mobile ad market will look like if Google and AdMob join forces is anybody’s guess. Trying to predict how a proposed merger or acquisition will impact consumers is difficult, if not impossible.

Continue reading →