Miscellaneous

Ever since he’s been blogging, Scott Cleland’s blogging has been in overdrive. However, anyone willing to look behind the curtain of his latest post will discover that many of the attributes of Scott Cleland are attributes that are shared by the Zodiac Killer.

  • First, Scott Cleland, like the Zodiac Killer, has a face. Eyes, nose, mouth—they’re all there. They are alike in this respect—Scott Cleland and the Zodiac Killer are both, unrepentantly, people with faces.
  • Second, Scott Cleland, like the Zodiac Killer, speaks English. We know this from his blog posts—which are written in English—the same language the Zodiac killer used during his murderous spree in the San Francisco Bay Area between December 1968 and October 1969.
  • Third, delving more deeply into the language of the Zodiac Killer and Scott Cleland, both use articles like “the”; “a”; and “an”. An equal propensity to use prepositions inhabits the writing styles of Scott Cleland and the Zodiac Killer.
  • Fourth, like the top suspect in the Zodiac Killer case, DNA evidence does not implicate Scott Cleland. Diabolically, he has done nothing to indicate his participation in these crimes.

(Dropping the imitative send-up) Scott’s recent post implicating Google as similar to China is probably best described as conflation, a logical fallacy in which similarities between two distinct entities collapse them together.

Scott has many similarities to the Zodiac Killer, but lacks the one that matters: he never killed anybody.

Likewise, Google has many similarities with the Chinese government—all organizations do—but it lacks the one that matters: Google makes no claim to exclusive power to initiate force. That is the hallmark of government which is what makes government so dangerous. Related: Unlike China, Google never killed anybody.

In the struggle between Google and China, there is no moral equivalency. China oppresses a billion people. Google enlightens.

Are you a fellow Twitter addict who also monitors Internet policy and cyberlaw developments closely? If so, have you noticed that there really isn’t a good Twitter hashtag for this broad and growing issue set?   The #FCC and #FTC hashtags have become catch-alls for a great deal of activity in this area, but they don’t really make sense for other Internet policy issues that those agencies don’t cover. For example, Sec. 230-related issues wouldn’t really fit in either of those. Neither would something about Internet governance, e-commerce taxation, or search engine policy concerns. And just using #Internet doesn’t work because it’s far too broad. #Cyberlaw is probably the best hashtag I’ve found to cover this arena, but it doesn’t get much traction and may also be too narrow since some users might not consider it applicable to digital economics.

So, I’d like to propose #NetPolicy as a catch-all Twitter hastag for Internet policy matters. It would be great way to keep track of breaking news, new papers, and upcoming events related to the Internet policy issues.

Anyone have thoughts, or a better alternative??

Congresswoman Diane E. Watson, who serves as Chair of the House Government Management, Organization, and Procurement Subcommittee, has just introduced new legislation proposing the creation of a “National Office for Cyberspace” within the Executive Office of the President.  Rep. Watson’s bill, “The Federal Information Security Management Act of 2010” (H.R. 4900) amends the Federal Information Security Management Act (FISMA) of 2002 in an attempt “to strengthen and harmonize the federal government’s efforts to ensure the integrity of its information infrastructure.”

It’s hard to argue against that goal, and I won’t here. Clearly, our government needs to get it’s own house in order when it comes to network and data security. Nonetheless, an “Office for Cyberspace” gives me pause. Although I always try to be careful with slippery slope arguments (per Eugene Volokh’s excellent advice here), I think there are good reasons to fear that any Executive Branch-level “Office for Cyberspace” would quickly come to take on a wide variety of other policy matters beyond just federal cyber-security issues.  The Federal Communication Commission’s past and recent history of regulatory mission creep is not encouraging in this regard. The agency has always looked to grow its mission and powers, and it has often succeeded. Of course, to be fair, the fundamental ambiguity of certain clauses and phrases within the agency’s charter document– the Communications Act of 1934 — left the door open to creative readings of things like what was in “the public interest,” or what constituted “fair and non-discriminatory” practices.

If, by contrast, the powers of this new “National Office for Cyberspace” are tightly limited to the mission of simply ensuring that the federal government keeps its own house in order — and doesn’t try to regulate our digital houses at the same time — then perhaps we have nothing to worry about. But, I remain a bit paranoid about these things and fear that the old “Hands Off the Net!” dream dies a little more each day because of bills like this.

I don’t know what the context was, but still funny to hear Howard going off on the FCC …

In the mix of yesterday’s FCC Broadband report release and today’s FTC Privacy Roundtable and Senate hearing on expanding FTC rulemaking authority, there’s a lot going on in Washington that impacts online commerce. And we heard particularly pointed comments about the future of .com at yesterday’s 25 Years of .Com Policy Impact Forum.

A panel about the Internet and privacy that highlighted how the the future of .com may be less about commerce and more about commissions – particularly the Federal Trade Commission.

Kara Swisher (D: All Things Digital) and Fred Wilson (a VC at Union Square Ventures) dug deep into online privacy issues. They decried the supposed privacy abuses of online companies, particularly by Google and Facebook. And while Kara is smart and well-informed, Fred Wilson was flippant, scattered, and skin-deep with many of his assertions—including when he accused Facebook of pulling off “the greatest privacy heist in history, and they got away with it!”

He’s referring to the changes Facebook made last December to the way users control their privacy settings (NetChoice defended Facebook’s actions on our blog). Facebook made some recommended changes based on where it sees its service going. Users (like me) could change these if they wanted. Some people complained that Facebook changed the default settings, which modified how users previously set some of their preferences.

But does changing the recommended defaults when giving users a choice constitute a “heist?” Only based on whether a user likes it or not. There certainly wasn’t any fraud or misappropriation. Or measurable consumer harm. Still, we heard from pro-regulatory privacy groups that filed a complaint urging that the FTC unleash it’s enforcement hammer.

There are legitimate debates on whether Facebook’s switch in privacy settings was clear and easy enough to understand for most users. But overblown rhetoric on privacy harm is hard to square with other concerns about  breaches, ID theft, and other abuses of data. Continue reading →

The Federal Communications Commission released the full version of its National Broadband Plan yesterday — all 11+ megabytes of it. A quick read (!) of the 300+ page document reveals that the problem of broadband “availability” is not nearly as big as the numbers highlighted in the plan would lead one to believe. If you’re careful to read the caveats and the numbers in the plan that don’t get a lot of emphasis, the problem of people who lack access to broadband is quite manageable.

The plan states that 14 million Americans lack access to terrestrial broadband capable of delivering a download speed of 4 megabytes per second (mbps). Making broadband of this speed available to all Americans would cost $24 billion more than the likely revenues from sale of the service.

(To calculate the dollar figure, the report’s authors estimated the stream of future costs and revenues from extending 4 mbps broadband to places where it does not currently exist, then “discounted” them to present values to make the costs and revenues comparable.  The $24 billion “funding gap” is thus a present discounted value.)

Several key assumptions drive these estimates.

First, the plan explicitly declined to include satellite when it measured availability of broadband.

Second, even if the plan’s authors wanted to include satellite, the choice of the 4 mbps benchmark also excludes all but the most expensive residential satellite broadband plans.  Perhaps more importantly, the 4 mbps benchmark also allows the plan to ignore “third generation” wireless Internet as an option for households located in places that don’t have wired Internet. 

These are important omissions, because the plan reports that 98 percent of Americans live in places that have 3G wireless Internet. On the other hand, 95 percent of Americans have access to wired broadband capable of delivering 4 mbps downloads. If we include 3G wireless Internet, only 2 percent of Americans live in places where broadband is not available, rather than 5 percent. In other words, including wireless broadband in the calculation cuts the size of the problem by more than half!  If we include satellite, the number of Americans who don’t have broadband available must be truly miniscule.

Why is 4 mbps the goal, anyway? The plan does not explain this in great detail, but it looks like 4 mbps is the goal because that’s the average speed broadband subscribers currently receive in the US. As a result, the plan picked 4 mbps as the speed experienced by the “typical” broadband user in this country. Only problem is, other figures in the plan show that 4 mbps is not the speed experienced by the “typical” US broadband user. The same graph that shows the average broadband speed is 4.1 mbps (on page 21) also shows that the median speed is 3.1 mbps. Half of broadband users have speeds above the median, and half have speeds below the median; that’s the mathematical definition of a median. When the median is 25 percent below the average, it’s simply not accurate to say that the average shows the speed that a “typical” user receives. The typical user receives a speed slower than 4 mbps.

The 4 mbps figure is also way above the goals other nations have set for broadband; the plan shows that other countries typically seek to ensure that all citizens can connect to broadband at speeds between 0.5 and 2 mbps. A goal in that neighborhood would surely allow most 3G wireless services to count as broadband when estimating availability.

That $24 billion “funding gap” also deserves comment. That’s the amount of subsidy the plan estimates will be required to make 4 mbps broadband available to all Americans.  If you read the plan carefully, you will also find that a whopping $14 billion of that is required to bring broadband to the highest-cost two-tenths of one percent of American housing units — 250,000 homes  (page 138). That works out to $56,000 per housing unit!

One wonders whether most Americans would be willing to spend $56,000 per home to ensure that these last few folks can get broadband that’s as fast as the FCC’s broadband planners have decided they deserve. Here’s another option. A basic satellite broadband package costs about $70 per month. Giving these 250,000 expensive-to-reach households satellite broadband would only cost about $200 million a year. It would cost less than half of that if we actually expect these consumers to pay part of the cost — maybe the same $40 per month the rest of us pay in urban and suburban areas?

That cuts the broadband “funding gap” to $10 billion, plus maybe $100 million a year for the satellite subscriptions. If we abandon the arbitrary 4 mbps definition of “acceptable” broadband speed, so that 3G wireless counts as broadband, the gap would be maybe half that size (since more than half of the people who don’t have wired broadband available do have 3G wireless available).

 And guess what — the broadband plan identifies about $15.5 billion in current subsidies that the FCC could repurpose to support broadband. In other words, the FCC has the ability to solve the broadband funding gap all by itself, without a dime of new money from taxpayers, telephone subscribers, or broadband subscribers!

I’m surprised the plan didn’t point that out; coulda made the five commissioners look like real heroes.

Brian Stelter of The New York Times reports today that “C-Span has uploaded virtually every minute of its video archives to the Internet”:

The archives, at C-SpanVideo.org, cover 23 years of history and five presidential administrations and are sure to provide new fodder for pundits and politicians alike. The network will formally announce the completion of the C-Span Video Library on Wednesday.

That’s just incredible. But, as I recently noted in my essay on, “C-SPAN, Civic-Minded Programming & Public Interest Regulation,” what’s more incredible it that this amazing, unprecedented civic resource has been provided to Americans at zero expense for the American taxpayer.  Many people fail to realize that C-SPAN is a private, non-profit company that is provided as a public service by cable industry contributions. It receives no government or taxpayer contributions whatsoever. From 1979-2009, total license fees paid by cable & satellite companies to support C-SPAN totaled $922 million.

So, next time you hear someone whining about how the private sector fails to provide “public interest programming,” ask them why the government didn’t think of C-SPAN first.  And don’t let them forget how, when C-SPAN first got off the ground, many in Congress fought the idea of public access to the inner workings of government. Thank God some folks in the private sector kept the heat on for access, while also keeping the monetary support flowing for the massive investment necessary to keep this unprecedented public resource alive and growing.

Visit C-SPAN’s amazing — and easily searchable — video archive today: www.c-spanvideo.org/videoLibrary

The FCC today released an executive summary of its National Broadband Plan, which is supposed to be delivered to Congress tomorrow.  Of course, executive summaries by their nature are brief and usually don’t explain the underlying logic and evidence supporting the conclusions. Here are a few highlights, some possible interpretations, and things to look for when the full plan gets released tomorrow:

Recommendation: “Undertake a comprehensive review of wholesale competition rules to help ensure competition in fixed and mobile broadband.” This could signal that the FCC plans to re-impose “unbundling” or “line sharing” regulations, which would require broadband companies to let competitors use their lines and other facilities at regulated rates. Such initiatives would likely undermine broadband deployment and investment.  Economic research by my GMU colleague Tom Hazlett and others finds that broadband investment, competition, deployment in the US took off only after the FCC eliminated line-sharing requirements. Christina Forsberg and I summarized a lot of this research here.

Recommendation: “Make 500 Mhz of spectrum available for broadband within ten years … Enable incentives and mechanisms to repurpose spectrum.” This is a fantastic recommendation. A Mercatus Center review of the costs of federal telecommunications regulations found that federal spectrum allocation, which prevents spectrum from being reallocated to uses that consumers value highly (like broadband), is by far the costliest federal regulation affecting telecom and the Internet. This recommendation indicates the FCC leadership would like to auction a lot more spectrum and share the proceeds with existing users (like broadcasters) in order to overcome resistance to reallocation. It’s not quite a market in spectrum, but it might be the closest the FCC can come.

Recommendation: “Broaden the USF contribution base to ensure USF remains sustainable over time.” Uh-oh. I’m not sure what this means, but if means that broadband subscribers will have to start payng into the FCC’s universal service fund (USF), watch out! Most economic studies find that consumer demand for broadband is very price-sensitive. That means if the FCC slaps broadband with universal service fees (which currently exceed 10 percent), we’ll see a big drop in broadband subscribership — maybe by 4-7 million subscribers. This is , of course, precisely the opposite of what the FCC wants to accomplish!

Recommendation: “Reform intercarrier compensation, which provides implicit subsidies to telephone companies by eliminating per minute charges over the next ten years…” Another excellent idea.  “Intercarrier compensation” refers to payments phone companies make when they hand traffic off to each other. Small, rural phone companies usually receive the highest per minute payments — as much as 15-30 cents per minute! This is a huge markup on long-distance phone service — another price-sensitive service!

Recommendation: Provide subsidies so that rural areas can have broadband with download speeds of 4 MB.  It will be interesting to read in the full plan where this 4 MB figure came from. Does it reflect the speed of service that a lot of Americans currently have, so these subsidies are just supposed to help equalize opportunities for rural residents? Or does it reflect some balancing of the costs and benefits of subsidizing broadband in rural areas?  Or is this a magic number experts believe subscribers need, regardless of the choices consumers actually make in the marketplace and regardless of what it costs?

The executive summary also lists a set of goals, such as ensuring that every American has the ability to subscribe to “robust” broadband service, having 100 million households with access to 100 MB broadband, and ensuring that the US has the fastest and most extensive wireless networks of any nation.  When the full plan comes out, look carefully at whether or how the FCC plans to measure accomplishment of these goals.  More importantly, look to see whether the FCC explains how it will quantify how much its own policies actually contribute to these goals over time. The FCC is famous for NOT doing these kinds of things, so let’s see if the broadband plan signals a new era in accountability.

I published an opinion piece today for CNET arguing against recent calls to reclassify broadband Internet as a “telecommunications service” under Title II of the Communications Act.

The push to do so comes as supporters of the FCC’s proposed Net Neutrality rules fear that the agency’s authority to adopt them under its so-called “ancillary jurisdiction” won’t fly in the courts.  In January, the U.S. Court of Appeals for the D.C. Circuit heard arguments in Comcast’s appeal of sanctions levied against the cable company for violations of the neutrality principles (not yet adopted under a formal rulemaking).  The three-judge panel expressed considerable doubt about the FCC’s jurisdiction in issuing the sanctions during oral arguments.  Only the published opinion (forthcoming) will matter, of course, but anxiety is growing.

Solving the Net Neutrality jurisdiction problem with a return to Title II regulation is a staggeringly bad idea, and a counter-productive one at that.  My article describes the parallel developments in “telecommunications services” and the largely unregulated “information services” (aka Title I) since the 1996 Communications Act, making the point that life for consumers has been far more exciting—and has generated far more wealth–under the latter than the former.

Under Title I, in short, we’ve had the Internet revolution.  Under Title II, we’ve had the decline and fall of basic wireline phone service, boom and bust in the arbitraging competitive local exchange market, massive fraud in the bloated e-Rate program, and the continued corruption of local licensing authorities holding applications hostage for legal and illegal bribes.

Continue reading →

PFF is Hiring!

by on March 5, 2010 · 2 comments

Sorry to use the blog as a job board, but I wanted to let readers know that the Progress & Freedom Foundation (PFF) has a couple of positions we’d like to find good people to fill:

  • Senior Economist: PFF is looking for a skilled economist (PhD-level preferred) with experience in the high-tech arena or network-related industries. Our senior economist would be responsible for assisting other PFF analysts on various projects and priorities, but would also be free to pursue other objectives.
  • Vice President, Development & Outreach: PFF is looking for development director to oversee outreach to supporters and other third parties, and to help us grow the organization.
  • President: Yes, you read that right! After less than 6 months on the job, I’m already tired of management and want to get back to full-time policy wonkery! If you know of someone who would make a great leader, has strong free-market credentials, and extensive experience in the field of high-tech policy and media/communications law, please let me know. I’m quite ready and willing to hand over the keys to someone else so I can spend all my time fighting the good fight to defend free minds, free markets, and free speech!

To apply, please send a resume and cover letter to Adam Thierer (athierer@pff.org). Or, if you have any ideas on good candidates, please let me know that, too.