Articles by Tim Lee

Timothy B. Lee (Contributor, 2004-2009) is an adjunct scholar at the Cato Institute. He is currently a PhD student and a member of the Center for Information Technology Policy at Princeton University. He contributes regularly to a variety of online publications, including Ars Technica, Techdirt, Cato @ Liberty, and The Angry Blog. He has been a Mac bigot since 1984, a Unix, vi, and Perl bigot since 1998, and a sworn enemy of HTML-formatted email for as long as certain companies have thought that was a good idea. You can reach him by email at leex1008@umn.edu.


Jamie Plummer points me to this story suggesting that Libertarian vice presidential candidate Wayne Allen Root is a patent troll. The patent looks like your typical software patent:

A method and apparatus for facilitating electronic commerce between suppliers of predictions and consumers of predictions. Suppliers provide their predictions on the outcomes of future events in one or more categories, and each supplier’s accuracy is tracked. Consumers interested in obtaining predictions for one of more of those categories are allowed to selectively choose which suppliers’ predictions they wish to view. The suppliers are compensated based on the number of consumers who view their predictions. In one embodiment, the consumers pay for the predictions that they view while the suppliers are paid a portion of the revenue obtained from the consumers. In another embodiment the consumers are not charged and all revenue is derived from advertisers. The system in accordance with the present invention includes a controller which automatically credits each supplier’s account, aggregates earnings for that supplier, and automatically sends an electronic pay order to the Federal Reserve’s automated clearinghouse to thereby facilitate payment.

I was already unenthusiastic about the Barr-Root ticket. This is another reason to be skeptical.

Profiles in Innovation

by on June 5, 2008 · 4 comments

As if on cue, I tried to follow a link to a citation to a document on the BEA website, and I got this helpful message:

The BEA Web site has taken on a new look and feel as part of a redesign.

It is understood that many users create ‘bookmarks’ or ‘favorites’ for their most frequently accessed pages on our site. However, due to some alterations to our directory structure, some ‘bookmarked’ URLs may no longer house the information they did prior to the redesign.

The links provided below will assist you in locating information within the new BEA site. Should you be unable to locate the information you want, please contact us at webmaster@bea.gov and let us know the web page you were looking for.

Now, the Technology Liberation Front has been hosted for the last four years by PJ Doland Web Design, a small web design company that you really should check out if you’re in the market for that sort of thing. We recently upgraded from Movable Type to WordPress, and in the process we broke a lot of permalinks. Fortunately, PJ and his team whipped up a script to create redirects from each of our old posts to our new posts. That means that if anyone follows an old permalink, they’ll be silently redirected to the correct page.

Did I mention PJ did this for us for free? In contrast, I rather doubt the people who re-designed the BEA website did it for free. Setting up re-directs is a pain, but it’s not that much of a pain, and especially for a site full of economic statistics, maintaining stable URLs ought to be a priority. If our volunteer webmaster can manage it for our insignificant little blog, somehow a federal agency should be able to manage the same feat.

In my latest piece for Ars, I write up the Princeton paper I pointed out on Monday, and also discuss Jerry’s paper on the same subject. The BEA’s less than spectecular web savvy nicely illustrates the point that governments should focus on providing data and leave the web design to the private sector.

William Patry discusses an important copyright issue:

…there were lengthy pubic meetings at WIPO…

The jokes write themselves.

Seriously, though, this ACTA business is bad news, for all the reason Patry enumerates.

Registered Capture

by on June 4, 2008 · 8 comments

What Tom said:

The Registered Traveler program, you might recall, is a fairly new initiative by which air passengers can pass through expedited security lines by paying a $100-ish yearly fee to one of several private firms that then run regular background checks. If enroll you pass through faster lines, and eventually you may be allowed to do things like keep your shoes on or your laptop in your bag. It’s meant for frequent travelers, and we, the public, are assured that the fees will provide additional lines and personnel — there should be no effect on those who don’t enroll.

This was not our experience. The young woman brought by the TSA employee was allowed to cut in front of us, and was then personally led through the security process like a blind baby kitten. That was irritating, but not a particularly large inconvenience — like I said, the lines weren’t long. But there also wasn’t much of a point to plopping that lady’s patrician ass in front of us and escorting her through — it probably made her feel special, and us less so, but nobody was saved or cost any meaningful amount of time. Still, if this is the system they use during busy periods, it really is going to make air travel worse for everyone who doesn’t pony up $100/year to gain entry into the program.

Now of course there’s nothing wrong with charging more for better service. But I think there’s at least a little something wrong when that service is a government-mandated barrier to travel, and more so when it’s one powered by secret lists and standards about which appeal is nearly or completely impossible. It also seems like a bad idea to give richer — and therefore more influential — passengers a way out of a system that, without some sort of opposing pressure, will inevitably become more and more irritating and inhumane as bureaucrats try to save their jobs by figuring out up ways to prevent plots that no one can anticipate.

It has crossed my mind that the liquid ban probably improves sales at concession stands inside the security perimeter. I’m not quite cynical enough to think that there’s a concessionaire’s lobby that pushed for the liquid ban, although I wouldn’t be shocked to learn some vendors are subtly encouraging TSA not to lift the ban.

But it’s much easier to imagine how a program like RT could be corrupted. The value of RT flows directly from the inconvenience imposed on non-customers, and revenue from the RT program apparently helps hire more TSA agents. So the net effect is to give the TSA both a vested interest in making the inspection process more obnoxious and a cluster of private interests with the same incentives. If the revenues become significant, it’s not hard to imagine a revolving door between mid-level TSA officials and the private company who administer these programs.

And the point about opting out is the most important one, in my view. Our only hope of someday having a sane airport security system is that the system inconveniences a significant number of wealthy, well-connect people. If those wealthy, well connected people are allowed to buy their way out of the system, it will be that much harder to fix things.

Of course, the really rich and influential people are flying on private jets, and not surprisingly, they’ve already arranged to bypass airport security entirely. So we may already be out of luck.

Don’t miss the discussion between Debbie Rose and TLF’s Cord Blomquist about the DMCA safe harbor. Despite her long experience with the DMCA, Debbie takes what strikes me as an implausible position:

While I could go on for pages about what is wrong with your post, I’ll confine my comments to this: the DMCA does NOT give websites hosting user-generated content a safe-harbor.

The safe-harbor provision is for service providers- in other words, the network operators or owners of the “pipes.” As I wrote in a post last March, , this provision was the result of a long and difficult negotiation. As one of the House Judiciary counsels involved in the negotiations, I can assure you that websites such as YouTube were NOT intended to be included in the safeharbor.

Cord does a good job of citing chapter and verse from the DMCA, so I won’t belabor that point further. However, let me observe that the position Debbie is staking out here doesn’t even seem to me to be coherent. The DMCA’s safe harbor relates to “storage at the direction of a user of material that resides on a system or network controlled or operated by or for the service provider.” Now, strictly speaking, nothing “resides” in the Internet’s “pipes.” If this language was intended to be limited to network owners, rather than the operators of servers, you have two hard questions to answer: first, why does the language say “system or network” rather than simply “network?” And second, why does it require the service provider to “remove, or disable access to” the content rather than simply requiring that access be disabled? After all, you can only remove information from a server if you operate the server, and for the most part the servers tend to be operated by someone other than the network owner.

I suppose you could argue that this provision applies only to servers that are operated by ISPs. But that doesn’t make a lot of sense, for two reasons. First, there would be no principled reason to provide a different level of immunity to web hosting services that own their own pipes to the backbone than to web hosting services that rent their pipes from someone else. And more fundamentally, you have the question of defining who counts as an ISP. After all, every web hosting service of non-trivial size administers a network. Certainly Google administers a sizable network connecting all of its servers. So why wouldn’t Google be able to claim the safe harbor as an ISP?

Debbie’s argument also runs counter to common usage. A quick survey of the takedown notices at Chilling Effects makes it clear that there are a ton of people out there whose copyright lawyers regard websites like Digg, Google, Wikipedia, and Gawker as proper targets for a DMCA takedown notice. Now, I suppose it’s possible that all of these copyright lawyers are incompetent, and that they should have filed copyright infringement lawsuits instead. But I tend to doubt it. And at a minimum, if all of these copyright lawyers are confused about the DMCA, there’s a pretty good chance that the judge in the Viacom lawsuit will share their delusion.

Over at Ars, I’ve got a story up about a ruling on fair use in the creationist Intelligent Design movie Expelled:

Imagine There\'s No Fair use

The controversy centers around a segment about an hour into the film. Science advocate PZ Myers argues that greater science literacy would “lead to the erosion of religion,” and expresses the hope that religion would “slowly fade away.” The narrator, Ben Stein, asserts that Myers’ ideas aren’t original. Rather, he is “merely lifting a page out of John Lennon’s songbook.”

The viewer is then treated to a clip from John Lennon’s “Imagine,” with the lyrics “Nothing to kill or die for/And no religion too.” The music is accompanied by black-and-white footage “of a military parade, which gives way to a close up of Joseph Stalin waving.” Next, the film cuts to a guest who argues that there is a connection between “transcendental values” and “what human beings permit themselves to do one to the other.” Evidently, religion is the only thing standing between us and Stalinist dictatorship.

Judge Stein’s task wasn’t to critique the dubious logic of this segment, but to evaluate the narrower question of whether the film’s use of “Imagine” is fair under copyright law. He noted that the film was focused on a subject of public interest, and that the film was commenting on Lennon’s anti-religious message. The excerpting of copyrighted works for purpose of “comment and criticism” is explicitly protected by the Copyright Act, and Judge Stein ruled that this provision applied in this case.

It’s worth keeping in mind that no competent lawyer would have taken Ono’s case if we were talking about a quote from one of Lennon’s books rather than a clip from his song. But there’s no logical difference between the two. The music clip in this case is playing precisely the same role in this movie as a blockquote plays in the average blog post. Moreover, the dozen or so words of the “Imagine” quote is much shorter than most blockquotes. I conclude:

It is unfortunate that Lennon’s heirs sought to use copyright law to squelch criticism of Lennon’s lyrics. No matter how dishonest Stein and company’s arguments may be, they have the right to make them, and copyright must give way to the First Amendment. Ono’s aggressive tactics will give Stein and company an undeserved PR victory, allowing them to play the beleaguered underdogs fighting the “Darwinist” establishment. The way to counter Expelled is with logic and evidence, of which there’s an ample supply. Overzealous application of copyright law is counterproductive.

I haven’t had time to read it yet, but Princeton’s IT Policy Center has a new paper out about open file formats and government transparency that’s worth checking out:

If the next Presidential administration really wants to embrace the potential of Internet-enabled government transparency, it should follow a counter-intuitive but ultimately compelling strategy: reduce the federal role in presenting important government information to citizens. Today, government bodies consider their own websites to be a higher priority than technical infrastructures that open up their data for others to use. We argue that this understanding is a mistake. It would be preferable for government to understand providing reusable data, rather than providing websites, as the core of its online publishing responsibility.

In the current Presidential cycle, all three candidates have indicated that their think the federal government could make better use of the Internet. Barack Obama’s platform explicitly endorses “making government data available online in universally accessible formats.” Hillary Clinton, meanwhile, remarked that she wants to see much more government information online. John McCain, although expressing excitement about the Internet, has allowed that he would like to delegate the issue, possible to a vice-president.

But the situation to which these candidates are responding — the wide gap between the exciting uses of Internet technology by private parties, on the one hand, and the government’s lagging technical infrastructure on the other — is not new. The federal government has shown itself consistently unable to keep pace with the fast-evolving power of the Internet.

In order for public data to benefit from the same innovation and dynamism that characterize private parties’ use of the Internet, the federal government must reimagine its role as an information provider. Rather than struggling, as it currently does, to design sites that meet each end-user need, it should focus on creating a simple, reliable and publicly accessible infrastructure that “exposes” the underlying data. Private actors, either nonprofit or commercial, are better suited to deliver government information to citizens and can constantly create and reshape the tools individuals use to find and leverage public data. The best way to ensure that the government allows private parties to compete on equal terms in the provision of government data is to require that federal websites themselves use the same open systems for accessing the underlying data as they make available to the public at large.

The paper cites our own Jerry Brito, who has done some great work in the same vein, in several places.

Interviews

by on May 27, 2008 · 12 comments

I’ve doing several interviews this week. In a couple of hours I’m interviewing Patri Friedman about Seasteading. Then, tomorrow I’ll be talking to Jim Bessen of Patent Failure fame, and the president of the Encyclopedia Britannica. What should I ask them?

Pirate Radio

by on May 27, 2008 · 4 comments

I’m doing a piece on the Seasteading Institute, and I’m reading their fascinating summary of past efforts to achieve sovereignty via the oceans. My favorite case so far is the pirate radio wars of the 1960s:

In the 1960’s, a new form of offshore activity emerged. Commercial radio as known in the United States didn’t exist in Europe at the time. With few exceptions, all that was to be heard were staid government stations. Then a ship named Veronica dropped anchor just off the Dutch coast, with a transmitter beaming programing filled with the latest popular music. Advertisers eagerly bought up all the available time at premium rates, and imitators soon followed in the Scandinavian and British markets…At first, there was considerable violence between ships; however, the practice of maintaining 24-hour watches soon reduced that greatly…

The governments of Europe were outraged, and applied the pejorative term “pirates” to the broadcasters, a term with which they weren’t entirely unhappy – due to its romantic connotations. Attempts were made to jam the ships’ transmissions, but the public outcry was too great…International agreements were entered into to ban broadcasting from ships, but the African country of Sierra Leone chose to offer its flag as a flag of convenience rather than subscribe to the treaties…

The British finally knocked their offshore broadcasters off the air by banning advertising on them by firms doing business in the United Kingdom…then the coup de grace was delivered: the opening of popular music stations on land.

I had no idea. It’s a good story, but I also find it striking that European governments managed to prevent the broadcasting of popular music until the 1960s. For all the bitching and moaning about Clear Channel, at least America’s commercial radio model is reasonably responsive to public demand.

This week I’m guest-blogging for Megan McArdle at the Atlantic. Here I take John McCain to task for his nonsensical position on warrantless wiretapping, and here I talk about the economics of free. Check it out at Megan’s blog, which you should really be reading whether I’m there or not.