Inside the Beltway (Politics)

10 Years Under the Digital Millennium Copyright Act – Success or Failure?

by Drew Clark on October 8, 2008 · 5 comments

It’s nearing Halloween, so it must mean the anniversary of the Digital Millennium Copyright Act is just around the corner. In fact, it was 10 years ago, on Sunday, that Congress passed the DMCA, on October 12, 1998. The law was signed by President Clinton on October 28, 1998.

The information and news service that I have launched, BroadbandCensus.com, is “celebrating” the passage of the law with the inaugural event of the Broadband Breakfast Club. The breakfast event will take place on Tuesday, October 14, from 8 a.m. to 10 a.m., at the Old Ebbitt Grill at 675 15th Street NW, Washington, DC.

This event will bring together several key stakeholders together to share perspectives on this topic:

Drew Clark, Executive Director, BroadbandCensus.com (Moderator)
Mitch Glazier, Senior Vice President, Government Relations, Recording Industry Association of America
Michael Petricone, Senior Vice President, Government Affairs, Consumer Electronics Association
Wendy Seltzer, Practitioner in Residence, Glushko-Samuelson Intellectual Property Law Clinic, American University Washington College of Law
Emery Simon, Counselor, Business Software Alliance

Breakfast for registrants will be available beginning at 8:00 a.m., and the forum itself will begin at around 8:30 a.m., and conclude promptly at 10 a.m. The event is open to the public. The charge for the breakfast is $45.00, plus an Eventbrite registration fee. Seated attendance is limited to the first 45 individuals to register for the event.

Future events in the Broadband Breakfast Club monthly series will feature other key topics involved in broadband technology and internet policy. In fact, you can mark your calendar for the next event on Tuesday, November 18, from 8 a.m. to 10 a.m., also at the Old Ebbitt Grill.

For more information about BroadbandCensus.com, or about the Broadband Breakfast Club at Old Ebbitt Grill – on the second Tuesday of each month – please visit http://broadbandcensus.com, or call me at 202-580-8196.

5 comments

Smart as Paint

by Solveig Singleton on October 6, 2008 · 19 comments

I remark briefly on the commentary “how smart is Palin,” noting her mispronunciation of “verbiage” and “pundit.” I’d suggest that observers be wary of assessing qualifications based on this kind of thing. Example: one very well-educated person I know, whose IQ is high enough to qualify enough for Mensa, mispronounces several words because he was socially isolated for his formative years and formed the habit of saying them before he had the chance to hear others pronounce them correctly. I don’t mean he was shut in a closet, which wouldn’t be relevant as Palin clearly hasn’t been, but just that he lived in a rural area where most of his peers were relatively uneducated.

In any case, it is curious that the anxious analysis of Palin, stemming from the fact that she is relatively unknown, seems to turn on characteristics of social class rather than on information about her decision-making as an executive. What significant choices about things like taxes, education policy, resources, and so on was she faced with as governor? What did she do in those situations? Why? What were the alternatives? Many voters probably do elect candidates based on how someone talks or looks, but mightn’t it be nice for a change for the talking classes to assess a candidate on policy? Would she make a better political candidate if some professor had had a couple months to drill her on vocabulary and delivery, like the hapless flower seller Eliza whats-her-name? Continue reading →

19 comments

NYT Live-Blogging Bailout Debate – Barney Frank Warns of Socialism!

by Berin Szoka on October 3, 2008 · 15 comments

The New York Times, that dinosaur of old media, is currently live-blogging the most important Congressional debate since that epochal, thoughtful discussion back in October 2002 as to whether Iraq posed a clear and present danger to the United States justifying a declaration of war—I mean, total non-debate that preceded Congress’s decision to issue President a blank checkthat has proved nearly as expensive as the blank check currently before the Congress.

The highlight of the debate thus far:

11:39 a.m. | No socialism!: After Jeb Hensarling, a Republican representative from Texas, affirmed that he was voting against the bill because it smacks of socialism and might represent limits on liberty, Barney Frank, a Democratic representative from Massachusetts, said that he is “ever mindful” that George Bush might “lead us down the road to socialism,” and so Congress would monitor the bailout closely.

Wow. When Barney Frank, just about the closest thing to an avowed socialist in Congress after Bernie Sanders, warns about the dangers of a Republican president and supposed “free market” champion leading us down the “Road to (socialist) Serfdom,” we should all feel a terrible chill. To paraphrase the over-paraphrased Yeats:

Surely some revelation is at hand
Surely the Second Coming is at hand!
… what rough beast, its hour come round at last,
Slouches towards [Washington] to be born?

15 comments

History of DRM; IIPI Event Reviewed

by Solveig Singleton on October 2, 2008 · 2 comments

http://penny-arcade.com/comic/2008/9/26/

Speaking of snakes, I am just returned from a camping trip along the Appalachian trail in the Michaux Forest, quite out of wireless reception range. Several days’ heavy rain had washed the forest clean, left the moss glowing green and the mushrooms, salamanders, crayfish, and frogs quite content. There one combats the same problems confronted by earlier settlers–mice (and the snakes they attract), staying dry and tolerably warm, the production of decent meals, and keeping small children from wandering off into the woods. Why do some people enjoy briefly returning to this world? Despite being one of those people, I can’t say. Now I am back and my day is easy and comfortable (comparatively), with time to spare contemplating the meta-structures of finance, property, and capital. Let’s all hope these structures are not nearly as fragile as our confidence in them, which, judging from the tone of remarks at last week’s ITIF conference on innovation, has fallen quite low. Continue reading →

2 comments

Mashable Looks Into the Bailout

by Jim Harper on October 1, 2008 · 5 comments

I recorded a video interview about the financial services bailout with Mark “Rzzn” Hopkins and Sean P. Aune of Mashable recently, focused particularly on the tech sector. We focused on making sense of things, something that hasn’t happened in Congress yet.

I think it’s pretty informative, and somewhat calming, as it should be. I’m less and less convinced that there’s a “crisis” that taxpayers ought to take pay for taking care of.

5 comments

Online Advertising & User Privacy: Principles to Guide the Debate

by Berin Szoka on September 24, 2008 · 28 comments

By Berin Szoka & Adam Thierer
Progress Snapshot 4.19 (PDF)

Since the fall of 2008, a debate has raged in Washington over “targeted online advertising,” an ominous-sounding shorthand for the customization of Internet ads to match the interests of users. Not only are these ads more relevant and therefore less annoying to Internet users than untargeted ads, they are more cost-effective to advertisers and more profitable to websites that sell ad space. While such “smarter” online advertising scares some—prompting comparisons to a corporate “Big Brother” spying on Internet users—it is also expected to fuel the rapid growth of Internet advertising revenues from $21.7 billion in 2007 to $50.3 billion in 2011-an annual growth rate of more than 24%. Since this growing revenue stream ultimately funds the free content and services that Internet users increasingly take for granted, policymakers should think very carefully about what’s really best for consumers before rushing to regulate an industry that has thrived for over a decade under a layered approach that combines technological “self-help” by privacy-wary consumers, consumer education, industry self-regulation, existing state privacy tort laws, and Federal Trade Commission (FTC) enforcement of corporate privacy policies.

In an upcoming PFF Special Report, we will address the many technical, economic, and legal aspects of this complicated policy issue-especially the possibility that regulation may unintentionally thwart market responses to the growing phenomenon of users blocking online ads.

We will also issue a three-part challenge to those who call for regulation of online advertising practices:

Identify the harm or market failure that requires government intervention.
Prove that there is no less restrictive alternative to regulation.
Explain how the benefits of regulation outweigh its costs.

Continue reading →

28 comments

“Bigger than Jesus”

by Berin Szoka on September 17, 2008 · 3 comments

In the beginning, there was Obamamania:

Then there was Palinmania:

Poor Joe Biden. He gets fewer Google searches than that Jesus guy–whatever he‘s running for.

Google Trends is a nifty proxy for measuring public interest in a very narrowly defined subject. The examples above show “Search volume” (the total number of Google search queries for each keyword) and “News reference volume” (the same for news stories) for the last twelve months in the U.S. The lettered boxes indicate news stories tagged by keyword–which I have omitted from this screenshot for the sake of simplicity.

3 comments

DoJ Trustbusters to Attack Google?

by Jim Harper on September 11, 2008 · 9 comments

C|Net’s Charles Cooper reports today that Department of Justice trustbusters are considering a comprehensive antitrust attack on Google.

Sources who have provided testimony to the government say a departmental debate revolves around whether antitrust regulators should challenge Google’s proposed revenue-sharing deal with Yahoo, or go for the whole enchilada–and haul Google into court on broader charges related to its dominance in search advertising.

C|Net’s Declan McCullagh speculated earlier this week about how Google would fare under an Obama administration:

[Obama’s] technology campaign platform pledges to “reinvigorate antitrust enforcement” and “step up review of merger activity.” He complained to the American Antitrust Institute that “the current administration has what may be the weakest record of antitrust enforcement of any administration in the last half century.” If the Bush administration’s current antitrust probe of Google, coupled with this week’s apparent threat of a federal lawsuit, amounts to a “weak” record, imagine what antitrust true believers in an Obama administration might do. (A three-way split of Google into search, applications, and display ads, anyone?)

I’m not sure whether structural separation is on Google’s near-term horizon, but Washington, D.C.’s parasite economy will make its move.

9 comments

Consensus FCC Reforms for the Next President

by Drew Clark on September 10, 2008 · 3 comments

I’ve had the opportunity to be involved in the planning and organization of several conferences this fall, including one exciting event, entitled “Consensus FCC Reforms and the Communications Agenda,” which I have organized in my capacity as Assistant Director of the Information Economy Project at George Mason University.

You can read more details about the event at the Information Economy Project web site, but the basic gist is that, in spite of controversies swirling over issues such as Network Neutrality, media ownership and universal service, some policy observers believe that a range of reforms may attract bi-partisan consensus. These opportunities may be more likely to be realized if identified prior to the November 2008 election.

We’ve been fortunate enough to have a stellar cast of participants, including two former chairmen of the Federal Communications Commission – William Kennard, who served under President Clinton, and Michael Powell, who served under President George W. Bush. Theyll be speaking about substantive issues for consensus, and their discussion will be moderated by Amy Schatz, a reporter for The Wall Street Journal.

But we’ll also be talking about procedural issues — questions of agency structure, rules, and the day-by-day practices and operations to do much to impact the telecom polity. That panel, which features chief staffers for almost all of the recent FCC chairmen, will be moderated by me.

Here’s the full program:.

8:30 a.m. Welcome by Thomas W. Hazlett, Professor of Law and Economics, GMU

Panel I: Improving Procedures at the Federal Communications Commission
8:40 a.m.
Peter Pitsch, chief of staff to Dennis Patrick, FCC Chairman, 1987-1989
Robert Pepper*, former chief, Office of Plans and Policy, FCC, 1989-2005
Ken Robinson, senior legal advisor to Al Sikes, FCC Chairman, 1989-1993
Blair Levin, chief of staff to Reed Hundt, FCC Chairman, 1993-1997
Kathy Brown, chief of staff to William Kennard, FCC Chairman, 1998-2001

Moderator: Drew Clark, Assistant Director, Information Economy Project

Panel II: A Cross-Partisan Agenda for Telecommunications Policy Reforms
9:45 a.m.
William Kennard, Chairman, FCC, 1997-2001
Michael Powell, Chairman, FCC, 2001-2005

Moderator: Amy Schatz, Reporter, The Wall Street Journal

When: Tuesday, September 16, 2008, 8:30 a.m. – 11 a.m.
Where: National Press Club, 529 14th St. NW, 13th Floor, Washington, DC

Admission is free, but seating is limited. See IEP Web page: http://iep.gmu.edu.
To reserve your spot, please email Drew Clark: iep.gmu@gmail.com.

About the Information Economy Project:
The Information Economy Project at George Mason University sits at the intersection of academic research and public policy, producing peer-reviewed scholarly research, as well as hosting conferences and lectures with prominent thinkers in the Information Economy. The project brings the discipline of law and economics to telecommunications policy. More information about the project is available at http://iep.gmu.edu.

3 comments

The Candidates’ Actual Legislative Priorities

by Jim Harper on September 10, 2008 · 2 comments

Over on the WashingtonWatch.com blog, I’ve recently concluded a review of each of the presidential candidates’ actual legislative work during the current Congress. It’s a window onto their priorities that has the advantage of being actual data, not just what they say about themselves.

Here are the posts for Senator Obama and Senator McCain, And here’s the one for Senator Biden.