First Amendment & Free Speech

Women Play Video Games?

by on September 16, 2008 · 31 comments

The Washington Post reports today on a trend that I thought we all knew about, but one I’m glad the mainstream media is finally realizing.  It turns out that people who play video games are not just virginal teenage boys with acne problems.  No, even 20-something, attractive women play video games.

The Post’s Mike Musgrove reports on the mother and daughters of the Burguieres family of Bethesda, Maryland.  Of course in good journalist fashion Musgrove uses the Burguiereses to illustrate a larger point, he even points to the relevant stats:

It used to be that this all-woman crew wouldn’t fit the standard image of the video game consumer. But the perception of gamers as being mostly young guys isn’t so true anymore. Women and girls make up 40 percent of the gamer population, according to the Entertainment Software Association.

The most interesting point brought up in the article on this demographic trend—one that most gamers realize has been happening for quite some time—is Musgrove’s observation that women once were not naturally accepted members of the gaming community.  It’s a great point, but one that can be extended to tech community in general.

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Suppressing Terrorism Videos Does No Good

by on September 15, 2008 · 9 comments

It exalts terrorists and terrorism to try chasing their videos off the Internet, and it doesn’t work. Senator Lieberman’s quest to cleanse the Internet of terrorism has won a battle in a losing war by convincing Google to take down such videos. They can still be found on LiveLeak and can be hosted on any of millions of servers worldwide.

[In his eager anti-Google gafliery (“gadfliery” – the nominative case of the verb “to gadfly,” which I just invented), I’m sorry to say that TLF friend Scott Cleland has gotten it wrong.]

The better approach is to treat terrorists as the losers that they are. Their videos do not scare us, but provide us opportunities to observe, comment, and deplore them, perhaps even mocking their foolishness. In this video, at minute 2:18, terrorists appear to be training for the circus. We’ll really fear them when they can fend off lions with a chair.

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Porn on Planes (continued)

by on September 12, 2008 · 10 comments

I posted an essay last month about some possible non-regulatory solutions to the problem of porn on planes that I predicted might develop once airlines started rolling out in-flight Internet access.  Some respondants to that essay argued this was likely a non-problem because few people would actually view porn in public.  Unfortunately, a few incidents have apparently already created controversy.

Frankly, I am shocked that legislation hasn’t already been floated on this issue, but I am sure that someone in Congress will be firing off something soon. Again, like I said in that previous essay, before things get ugly and bills start flying up on the Hill, the airlines need to think about crafting some constructive solutions to this problem. We don’t want the FCC to become the censors of the sky, as some lawmakers will no doubt propose eventually.

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Software and a Digression

by on September 8, 2008 · 4 comments

My recent comments on a developers experiment in combatting software piracy, posted here.

And an absolutely brilliant adventure in free speech marital event planning, here (OT).

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DVRs Becoming an “Indispensable” Household Item

by on September 3, 2008 · 8 comments

According to this new survey by NDS:

Americans rank the DVR [digital video recorders] as the third most indispensable household item (62%), after the washing machine (97%) and the microwave oven (86%) — Americans rank the DVR as the second most essential household technology item they can’t live without (81%), beaten only by the mobile phone (92%) — 3 out of 4 respondents with partners say that having a DVR makes for a happier home life

When you think about, it is incredible that DVRs only came on the scene in the late 1990s and yet now — less than a decade later — they are considered an “indispensable” technology by most people.

This has some important policy implications for debates over content regulation. In a paper I penned last October entitled, “Parental Control Perfection? The Impact of the DVR and VOD Boom on the Debate over TV Content Regulation,” I outlined how new video technologies, such as digital video recorders (DVRs) and video on demand (VOD) services, are changing the way households consume media and are helping parents better tailor viewing experiences to their tastes and values. I provided evidence showing the rapid spread of these technologies and discussed how parents are using these tools in their homes. Finally, I argued that these developments will have profound implications for debates over the regulation of video programming. As parents are given the ability to more effectively manage their family’s viewing habits and experiences, it will lessen—if not completely undercut—the need for government intervention on their behalf.

If you are interested, I have embedded the paper down below. Today’s survey results from NDS make it clear that the process I discuss in my paper is happening at an even fast pace than I originally predicted.

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The End of “the American Internet” and the Future of Content Controls

by on September 1, 2008 · 10 comments

John Markoff had an interesting article in the New York Times this weekend entitled “Internet Traffic Begins to Bypass the U.S..” In the piece, Markoff notes that “The era of the American Internet is ending” since “data is increasingly flowing around the United States,” instead of all flowing though our country, as it once did. Markoff focuses on how that “may have intelligence — and conceivably military — consequences.”
Net traffic
Indeed, it may. But what I also found interesting about this fact is the implications it will have for the future of content regulation. As Harvard’s Yochai Benkler told the Times, “This is one of many dimensions on which we’ll have to adjust to a reduction in American ability to dictate terms of core interests of ours.” Content controls are one way that lawmakers enforce what they perceive to be a country’s “core interests.” As less and less Internet traffic flows through the U.S., it could become increasingly difficult for American lawmakers to impose their particular vision or morality on the Internet.

And that’s both good and bad news.

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Safe Search Tools & Portals for Kids – The List Keeps Growing

by on August 28, 2008 · 5 comments

Over at Ars, Ben Kuchera has a review of Ask.com’s redesign of its web portal for kids, AskKids.com. It’s a great new addition to the growing list of safe seach tools and web portals geared toward younger surfers.
AskKids

I’m also a big fan of KidZui, the new browser for kids that provides access to over 800,000 kid-friendly websites, videos, and pictures that have been pre-screened by over 200 trained teachers and parents. The company employs a rigorous 5-step “content selection process” to determine if it is acceptable for kids between 3-12 years of age. My kids, both under the age of 7, just love it, but I can’t see many kids older than 10 enjoying it because it is mostly geared toward the youngest web surfers.
KidZui

Last year, as part of my 10-part series coinciding with “Internet Safety Month,” I wrote about the market for safe search tools and web portals for kids. I generally divide these sites and services into two groups:

(1) “Safe Search” Tools and Portals for Kids
(2) Child- and Teen-Oriented Websites

Below I will describe each group and list the many sites and services currently available. I encourage readers to offer additional suggestions for sites that belong on the list. (I keep a running list of these sites and services in my book, “Parental Controls and Online Child Protection: A Survey of Tools & Methods.”)

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An Unnatural Modern Fascination with Murder and Celebrities?

by on August 25, 2008 · 14 comments

psycho image Having covered free speech and media policy issues for many years now, one of the arguments I hear a lot is that we moderns have an unnatural fascination with murder, mayhem, and violence as well as gossip and celebrities. Social critics and proponents of media content regulation often wax nostalgic about the supposed “good ol’ days” when all we thought and talked about was enlightened and enriching topics.

It’s all complete nonsense. Anyone who has seriously studied our nation’s history — or, for that matter, the history of any country or civilization — knows that we humans have always been fascinated by the morbid and tales of debauchery, especially when those tales involve public officials or celebrities.

I was reminded of this again today when reading two articles in the Washington Post.
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McCain’s Tech Policy a Mixed Bag at Best

by on August 14, 2008 · 14 comments

Braden has noted the release of John McCain’s tech policy–rightly decrying McCain’s socialistic community broadband concept.  But far more outrageous, in my view is this bit of doublethink.  First, the good part we should all applaud:

John McCain Has Fought to Keep the Internet Free From Government Regulation

The role of government in the Innovation Age should be focused on creating opportunities for all Americans and maintaining the vibrancy of the Internet economy. Given the enormous benefits we have seen from a lightly regulated Internet and software market, our government should refrain from imposing burdensome regulation. John McCain understands that unnecessary government intrusion can harm the innovative genius of the Internet. Government should have to prove regulation is needed, rather than have entrepreneurs prove it is not.

Amen!  Even a hardened Ron Paul/Bob Taft/Grover Cleveland/Jack Randolph-survivalist/libertarian-crank like me can rally behind that banner.  But then this self-styled champion of deregulation pulls a really fast one:

John McCain Will Preserve Consumer Freedoms. John McCain will focus on policies that leave consumers free to access the content they choose; free to use the applications and services they choose; free to attach devices they choose, if they do not harm the network; and free to chose among broadband service providers.

That sure sounds nice, but it’s all Wu-vian code for re-regulation, not de-regulation.  You might recognize that McCain is talking obliquely here about the FCC’s 1968 Carterfone doctrine, which has consumed much attention on the TLF (see this piece in particular).

McCain then insists that he will be a bold leader for “good” regulations: Continue reading →

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Blogger Freedom Re-Affirmed by FEC

by on August 14, 2008 · 6 comments

Some good news for bloggers.  This was posted today on the Heritage Foundation “Foundry” blog by Dave Mason, former chairman of the FEC (Mason is now working with us at Heritage as a Visiting Senior Fellow):

“Bloggers and web site operators may support, oppose, link to, and work cooperatively with federal political candidates. This freedom was reaffirmed when the newly re-constituted Federal Election Commission released its first two enforcement cases August 12.

The Commission’s refusal to regulate blogging and internet sites is not new, but it is notable is that the pro-blogger decision was made within a week or two of the new Commission taking office. Of the scores of items on its docket, the new Commission chose to address this one first: quite likely because they wanted to send a signal to that bloggers are free to engage in politics

Specifically, the Commission said that Gordon Fischer, a former state political party chairman, did not violate election law when he maintained a web site and blog (Iowa True Blue) promoting Barack Obama and criticizing Hillary Clinton. (Our friends at CCP note that the complaint was filed by a Clinton supporter: observing that all too many FEC complaints are filed for political harassment

–Money that Fischer spent creating and maintaining the site was not regulated by the FEC.

–Even if Fischer coordinated (discussed the blog and postings) with the Obama campaign, the site remained free from Federal election regulation.

–A link to a campaign web site or video does not subject the site linking to the campaign to regulation.

–blogs and web sites may “republish” campaign material without violating election laws.

Bottom line: by making this case one of the first two it released, the Federal Election Commission reaffirms that bloggers and web site operators may support and oppose political candidates, republish or link to campaign material, and work as closely as they wish with campaigns in doing so.

The one activity that remains subject to FEC regulation is paying for an ad on someone else’s web site supporting or opposing a Federal candidate.”

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