Inside the Beltway (Politics)

Monday’s news indicating that ECMA’s Office Open XML (OOXML) standard will be approved has some people crying foul about the whole thing.

In case you haven’t been following things, OOXML is a document format up for approval before the International Organization for Standardization (ISO). It’s been a wild and politicized process for what one would think would be a relatively objective task of evaluating a technical standard.

OOXML was developed by Microsoft, so obviously Microsoft has been pushing for its approval. Companies like IBM and Sun, which developed ODF, an existing document format standard, have been lobbying against approval.

Nothing new under the sun, as my colleague Morgan Reed writes on the ACT blog. IBM’s been lobbying for state procurement preferences for ODF for the past few years:

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Awesome:

“Because it takes a village to take a village.” That’s brilliant.

For those who don’t follow the Democratic race incessantly, context is here and here.

One sometimes wonders if the drive to return to a less massive state (let alone a minimal one) is worth it, given the low odds of success in the face of what someone (de Toqueville?) warned of: That democracy would last until the voters discovered they could vote themselves a bounty from the Treasury. As Jonathan Rauch adds, we have met the special interests, and they are us.

Another tactic? Hope that the private economy grows fast enough that the size of government remains relatively tolerable? Alas, that government was conceived of as a necessary evil, and thus tinkers around with the foundation of things, the money supply–potentially derailing the whole economic enterprise. There are more problems than spending. John Rutledge presents “the Fed Giveth and the Fed Taketh Away.”

Well I think many of us here can appreciate Lawrence Lessig’s call to “blow up the FCC,” as he suggested in an interview with National Review this week. But I wonder, who, then, would be left to enforce his beloved net neutrality mandates and the media ownership rules he favors? He’s advocated regulation on both those fronts, but it ain’t gunna happen without some bureaucrats around to fill out the details and enforce all the red tape.

Regardless, I whole-hearted endorse his call for sweeping change. Here’s what he told National Review:

One of the biggest targets of reform that we should be thinking about is how to blow up the FCC. The FCC was set up to protect business and to protect the dominant industries of communication at the time, and its history has been a history of protectionism — protecting the dominant industry against new forms of competition—and it continues to have that effect today. It becomes a sort of short circuit for lobbyists; you only have to convince a small number of commissioners, as opposed to convincing all of Congress. So I think there are a lot of places we have to think about radically changing the scope and footprint of government.

Amen, brother. If he’s serious about this call, then I encourage Prof. Lessig to check out the “Digital Age Communications Act” project that over 50 respected, bipartisan economists and legal scholars penned together to start moving us down this path.

Tom is absolutely right that the manipulative use of graphical filters has a long (if not exactly proud) pedigree in politics. What he’s forgetting, however, is that hysterical over-reaction to political advertising also has a long pedigree. Does no one remember RATS? Or Michael J. Fox’s exaggerated Parkinsons symptoms? Making mountains over molehills is the whole point of a political campaign. This campaign has had its stupid moments, but they’re no stupider than past contests.

There’s a lot of hoopla surrounding Bain Capital’s buyout of beleaguered 3Com Corporation, due to the fact that one of the buyers is Huawei, a company from China. Or “communist China” (gasp!) according to today’s press release from Rep. McCotter:

News circulated today Bain Capital and communist China’s Huawei plan to resubmit an application seeking U.S. approval for a planned buyout of American 3Com Corporation within the next several weeks. Congressman Thaddeus McCotter (R-MI) made the following comments on the possible new merger:

“No business can sufficiently structure such deals to protect America from this stealth assault on America’s national security.  It is the solemn duty of the United States government to protect our liberty from all threats; and CFIUS must again do its job and reject this latest threat to our cyber-security.”

It’s nice that members of Congress are looking after our national security, but they don’t have to when it comes to foreign direct investment. We have CIFIUS. And in a paper I co-authored with my colleague Nora von Ingersleben, we assert that when CIFIUS gets politicized, American innovation will suffer.

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One of my favorite things about Matt Yglesias’s blog is that he’s considerably better-informed than his commenters, and is willing to say things that he knows perfectly well will piss them off. The latest example is a post where Matt opines that “the movement, started under Jimmy Carter then of course continued by Ronald Reagan and Bill Clinton, to deregulate important aspects of the American economy was basically a good thing.” This provokes almost unanimous condemnation from Matt’s readers. But Matt’s right.

I think it’s amazing how many commenters here appear to have absolutely no knowledge of the nature of a lot of regulations in the 1970s and before. I’m not talking about meat inspections or environmental laws here, but the regulation of trucking, airlines, telecommunications, securities, and a number of other industries were thinly veiled attempts to create government-supported monopolies for the benefit of incumbent businesses. The ICC, for example, which regulated surface transportation, carefully controlled which trucking companies could drive which routes. They routinely denied applications to provide new service on the grounds that the route in question already had “enough” competition. The result, not surprisingly, was that prices were significantly higher than they would be in a competitive market. Airlines were the same way. The CAB actively prevented the airlines from cutting prices or expanding service. And until the early 1970s, the FCC actively worked to prevent competition in the long-distance market to keep AT&T’s profits up.

Not only did consumers get screwed from higher prices, but this created a lot of waste too. Trucks would commonly drive from one city to another, and then drive back empty because they couldn’t get permission to carry cargo on the return trip. In the 1960s, airplanes were almost half empty, on average, because they weren’t allowed to cut prices in order to attract more passengers.

Airline, trucking, and long distance deregulation were a win from just about every ideological perspective. It was good for consumers (especially low-income consumers), free markets, and economic efficiency. The major losers were incumbent businesses who no longer enjoyed monopoly profits. It’s a rare example in which elite opinion across the political spectrum converged on a set of changes that benefitted almost everyone in society.

A final thing to note is that these policies were championed by liberal Democrats. The key players were Jimmy Carter, Ted Kennedy, and Stephen Breyer, who worked for Kennedy in the 70s. This was a great triumph of liberal intellectuals over corporate interests. Yet a generation later, the smart lefties who read Matt’s blog seem to be completely oblivious to what was probably Jimmy Carter’s most important domestic policy accomplishment.

By Drew Clark

Sen. John McCain’s close relationship with media and telecom company lobbyist Vicki Iseman poses a challenge for his presidential campaign – if it can be demonstrated that he took specific actions on behalf of one of the companies she represented.

Today’s story in The New Times Times about McCain’s interactions with Iseman reports on legislative actions that he took on behalf of television broadcaster Paxson Communications from 1998 to 1999. That was the period of time in which Iseman’s relationship with McCain, then chairman of the Senate Commerce Committee, was of concern to members of McCain’s staff, according to The Times.

A spokesman for the Arizona Republican said that The Times story was “gutter politics,” and that there was nothing in the article “to suggest that John McCain has ever violated the principles that have guided his career.” The Page provides additional reactions from McCain.

The Times does not report about a more recent – and potentially more dramatic – action by McCain on behalf of Paxson.

After a brief period of Democratic dominance, McCain returned to become chairman of the committee in 2003 and 2004. During that period, he took crucial legislative action that saved Paxson Communications from a bill that would have, in the words of CEO Lowell “Bud” Paxson, finally ruined his company.

Even more ironically, McCain took this action for Paxson in spite of his long-standing position that television broadcasters had inappropriately used the transition to digital television (DTV) to benefit themselves financially at the expense of the American public.

McCain initially supported legislation that would have forced Paxson and handful of broadcasters – but not the great bulk of television stations – off the air by December 31, 2006. Bud Paxson himself personally testified about this bill with “fear and trepidation” at a hearing on September 8, 2004.

Two weeks later, McCain had reversed himself. He now supported legislation that would grant two-year reprieve for Paxson – and instead force all broadcasters to stop transmitting analog television by December 31, 2008. Paxson and his lobbyists, including Iseman, were working at this time for just such a change.

The Times reports none of this more recent history of McCain’s actions benefitting Paxson Communications, which renamed itself Ion Media Networks.

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Lessig for Congress?

by on February 21, 2008 · 14 comments

Julian interviews Larry Lessig on his prospective congressional campaign. Awesome.

Julian sticks with a straight news story, but I find Lessig’s latest crusade almost painfully naive. Lessig’s work on copyright law and free culture was brilliant and nuanced. I don’t think it’s an exaggeration to say that he got people thinking about copyright issues in a new way. But having turned his attention to the problem of political corruption, he comes up with “solutions” that have not only been widely discussed for decades, but have actually been tried and found wanting. The Watergate-era campaign finance reforms, let’s remember, attempted to create a system of public financing for presidential campaigns. It failed at least in part due to the Supreme Court, which found that restricting people from spending their own money on political speech violated the First Amendment.

The problem of political corruption is fundamental to politics. When governments have the ability to take from some and give to others, people will expend resources to ensure they’re on the winning side. Lobbyists and PACs are symptoms of this underlying process, but banning them isn’t going to eliminate the incentive to influence the political process, it will just lead special interests to find new ways to do so.

In the writings I’ve seen on this subject thus far, Lessig doesn’t appear to seriously grapple with these difficulties. As he put it in his original post on this subject:

In one of the handful of opportunities I had to watch Gore deliver his global warming Keynote, I recognized a link in the problem that he was describing and the work that I have been doing during this past decade. After talking about the basic inability of our political system to reckon the truth about global warming, Gore observed that this was really just part of a much bigger problem. That the real problem here was (what I will call a “corruption” of) the political process. That our government can’t understand basic facts when strong interests have an interest in its misunderstanding.

I think that parenthetical comment is crucial. What Lessig is grappling with isn’t a corruption of the political process. Rather, it’s a reflection of systematic problems with political decision-making. Procedural changes, like banning PAC contributions, earmarks, or third-party campaign expenditures, may shift power away from the current crop of special interests towards new ones. But politics just is the clash of special interests. Sometimes, one of the special interests with a seat at the table will be a public-spirited, grassroots organization like the ACLU, Creative Commons, or the National Rifle Association. But the self-interested factions devote vast resources to ensuring they maintain their seat at the table. PACs and lobbyists are symptoms. The underlying problem are the inherent incentives of the political process.

Whatever one thinks of the merits of the Microsoft-Yahoo merger and Google’s immediate and vociferous opposition to it, Ed Felten is 100% right when he says of Google’s actions:

“Complaining has downsides for Google too — a government skeptical of acquisitions by dominant high-tech companies could easily boomerang and cause Google its own antitrust headaches down the road.”

That’s a drum we beat a lot around here at the TLF, but no one in the corporate world seems to listen. On the days their own butts are on the line, they tell us the antitrust authorities are villainous scum that must be defeated at all cost! The next day–when their competitors are in the crosshairs–the antitrust officials are regarded as benevolent knights possessing Solomonic wisdom, and we’re told that we should trust them to guide us to an economic promised land called “perfect competition.”

It’s all a big political game that does nothing more that make a lot of lawyers and consultants very rich.