Technology, Business & Cool Toys

Digital video recorders (DVRs) may turn out to be the “last gasp” of cable, satellite and other traditional multichannel subscription video providers.  If users can get the same basic functionality (on demand viewing of the shows they want) over the Internet for free or paying for each show rather than a hefty monthly subscription, Who Needs a DVR?, as Nick Wingfield at the WSJ asks:

Among a more narrow band of viewers -– 18- to 34-year-olds -– SRG found that 70% have watched TV online in the past. In contrast, only 36% of that group had watched a show on a TiVo or some other DVR at any time in the past.

That last figure is a fairly remarkable statistic. Remember that DVRs have the advantage of playing video back on a device where the vast majority of television consumption has traditionally occurred –- that is, the TV set. Although it’s also possible to watch shows over the Internet on a TV set through a device like Apple TV and Microsoft’s Xbox 360, most people watch online TV shows through their computers — which have inherent disadvantages, like smaller screens and, in most cases, no remote controls.

Indeed, if users are going to buy a piece of hardware, why buy a DVR when they can buy a Roku box or a game console like the XBox 360 that will put Internet-delivered TV on their programming on their “television” (a term that increasingly simply means the biggest LCD in the house, or the one that faces a couch instead of an office chair)—and save money?

This is precisely the point Adam Thierer and I have been hammering away at in this ongoing series.  The availability of TV through the Internet and the ease with which consumers can display that content on a device, and at a time, of their choosing are quickly breaking down the old “gatekeeper” or “bottleneck” power of cable.  Let’s see how long it takes Congress and the FCC to realize that the system of cable regulation created in the analog 1990s no longer makes sense in this truly digital age.

Just before the New Year, Mike Masnick reported:

It’s been well over five years since we first heard about a plan in Oregon to attach GPS devices to cars and tax drivers based on how much they drove and the idea hasn’t become any better in the intervening years… but apparently it’s still being pushed. Oregon’s governor is trying to move forward with the plan.  One of the reasons behind the bill has nothing to do with a more efficient way to tax drivers, but because the state is gaining less revenue from its gas tax since there are more fuel-efficient cars on the roads these days. Of course, rather than reward drivers for driving more fuel efficient cars, this sort of tax punishes them, and actually encourages the use of less fuel efficient vehicles. And, of course, that doesn’t even begin to get into the potential (and likely) privacy problems brought about by any system whereby the government has full access to a GPS system on your car.

This is a great example of the problems that often arise when trying to bring into the digital age areas of the economy monopolized or dominated by government.  There’s a clear (if imperfect) analogy here to Obama’s ambitious goal of digitizing health records:  both are great ideas that raise special privacy concerns because of the heavy involvement of government.  These privacy concerns are certainly not unwarranted:  I wouldn’t want the government to have access to my car’s location or my medical history at any given moment or a complete record of where I’ve driven or what doctors I’ve seen.  But just as relying on paper health records is clearly stupid (and dangerous), it would make a hell of a lot more sense for drivers to pay for road use depending on “where, when and how far they drove”—as in a small pilot project in the UK.

Today, state and Federal taxes on every gallon of gasoline are intended to serve two conflicting purposes—but do a poor job with both.   Continue reading →

As Berin and I have noted here before (here and here), there seems to be no shortage of competition and innovation in the mobile operating system (OS) space. We’ve got:

  1. Apple’s iPhone platform,
  2. Microsoft’s Windows Mobile,
  3. Symbian,
  4. Google’s Android,
  5. BlackBerry,
  6. Palm OS (+ Palm’s new WebOS),
  7. the LiMo platform, and
  8. OpenMoko.

I am missing any? I don’t think so. Even if I have, this is really an astonishing degree of platform competition for a network-based industry. Network industries are typically characterized by platform consolidation over time as both application developers and consumers flock to just a couple of standards — and sometimes just one — while others gradually fade away. But that has not yet been the case for mobile operating systems.  I just can’t see it lasting, however. As I argued in my essay on “Too Much Platform Competition?,” I would think that many application providers would be clamoring for consolidation to make it easier to develop and roll out new services.  Some are, and yet we still have more than a half-dozen mobile OS platforms on the market.

Regardless, the currently level of platform competition also seems to run counter to the thesis set forth by Jonathan Zittrain and others who fear the impending decline or death of digital “generativity.” That is, technologies or networks that invite or allow tinkering and all sorts of creative uses are supposedly “dying” or on the decline because companies are trying to exert more control over proprietary or closed systems.
Continue reading →

Adam Thierer noted in mid-December that the FCC was considering allowing the experimental use of cellphone jammers in prison.  The FCC just issued (PDF) a Special Temporary Authorization to allow the DC Department of Corrections to test a cell phone jamming technology.

This technology sounds like an excellent solution to a serious problem:  The illicit use of cell phones inside correctional facilities by prisoners across the country.  In particular, the technology appears to be “directional,” meaning that unlike traditional jammers, which simply block signals within a certain radius around the jammer, this technology appears to be capable of blocking signals inside the confines of a particular room or building.  In fact, I’m sure millions of Americans would love to see such technologies implemented in cinemas, theatres, and other performing arts venues across the country.  I, for one, am tired of having the exquisite acoustic delicacies of Bach interrupted by annoying ring tones, such as  the (painfully) immortal “Who Let the Dogs Out?”

So Much for The Rule of Law

But there’s one important problem: The FCC isn’t waiving a rule here against cell phone jammer. unless I’m missing some subtle statutory quirk, they’re essentially “waiving” a statute—specifically 47 U.S.C. 333:

No person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this chapter or operated by the United States Government.

You don’t need to be an administrative lawyer to know that agencies can’t just ignore acts of Congress—no matter how good the policy reason for the waiver is. That’s a big part of what the “rule of law” means.  Period.  Do not pass ‘Go’.  Do not collect $3,101.09 (today’s equivalent of $200 in 1935, when Monopoly debuted).

Fortunately, as noted in the WSJ article Adam cited, at least one legislator realizes this and thinks it’s worth fixing:  U.S. Rep. Kevin Brady (R., Texas) told the Journal that his office is “drafting the necessary legislation to remove this outdated FCC roadblock.”  The FCC, of course, sped right past that particular roadblock.  But then, what should we expect from an agency that has, under its outgoing (and none-too-soon!) chairman Kevin Martin, simply disregarded statutory limits on its authority when it found Comcast in violation of the agency’s non-binding net neutrality principles this summer?  (My PFF colleague Barbara Esbin has eloquently condemned this violation of the rule of law in, “The Law is Whatever the Nobles Do: Undue Process at the FCC” (PDF).)

Now, when Congress considers this question, let us hope that they draw the right lesson from this episode:   Whatever the wisdom of outright bans on particular technologies, writing such bans into statutes is a really bad idea.  At least if such decisions were left up to regulatory agencies, they would have the flexibility to decide when to depart from a general ban.  Thus, the best approach would be to repeal the ban altogether.   Continue reading →

Man, I’d love to bring one of these mobile phone jamming devices into the movie theater with me. I’m getting tired of all the rude jackasses who don’t mute their phone, or even take calls, during the middle of movies. Of course, as this WSJ article notes, such devices violate FCC rules and would disrupt all sorts of beneficial uses. (The company is apparently trying to get them authorized for use in prisons to disable smuggled-in phones from being used and creating problems).

Oh well. I guess I’ll just have to keep throwing popcorn at those idiots in the theater until they shut their pie holes.

Cell Tower Jammer

See my comparison of the state of technology in 2008 versus 1992, during the last Democratic presidential transition.

In mid-2008, the four-gigabyte (or 4,096 megabytes) flash memory chip in an iPod Nano cost $25. Late in 2008, four-gigabyte flash cards and USB drives are selling for $14.99. But back in 1992, four gigabytes of flash memory would have cost $500,000. This means a hypothetical iPod Nano circa 1992 would have set back the teenage Nirvana or Boyz II Men fan around $3 million.

Apart from research scientists and a few early adopters of Compuserve and AOL, the Internet essentially didn’t exist in 1992. Monthly Internet traffic was four terabytes. All the data traversing the global net in 1992 totaled 48 terabytes. Today, YouTube alone streams 48 terabytes of data every 21 seconds. . . .

The dramatic centralization of money, power, information and influence now under way seriously threatens the entrepreneurial revelations and technological revolutions that drive long-term growth. If we quasi-nationalize the energy, finance, auto and health care markets, and possibly bar dynamic new business models on the Internet, as with possible network neutrality regulation, we will close off many of the most promising paths to needed efficiencies and, more important, new wealth.

See the whole article at Forbes.com: “How Techno-Creativity Will Save Us.”

The AeA and the Information Technology Association of America (ITAA) are merging to become the Technology Association of America.

ITAA gobbled up – er, merged with – the Government Electronics and Information Technology Association and the Cyber Security Industry Alliance earlier in the year.

Now, as to the new name: Are they really going to cover all technology? Farm technology? Construction technology? Mining? Watercraft? Plastics? Dental surgery? They seem to have moved from a name (ITAA) too narrow to include the electronics work of AeA to a name that is too broad.

And here’s the important question: . . . What URL? The Texas Apartment Association has the obvious one.

Go, domain speculators! Go!

Over on the Cato@Liberty blog, I’ve done a fairly lengthy write-up of the Google Flu Trends privacy issue. It’s an important problem that I think deserves a little more than dismissal.

My conclusion: “The heart of the problem lies not with the current leader in search, or any other Internet innovator. The problem lies with our unconstrained government.”

If you’re inclined to dismiss this conclusion as libertarian boilerplate, please read the post.

How about nothing.

My Cato colleague Gene Healy has a book out that is essential reading for people who think that all things turn on the presidency. The folks at the Family Online Safety Institute should read The Cult of the Presidency: America’s Dangerous Devotion to Executive Power.

Because the subject line of the email they sent me promoting their “Safe at Any Speed” conference about online safety is: “What Will the Obama Administration Do . . . ?”

Please: Nothing, nothing, nothing. It is, and shall forever be, the responsibility of parents to raise their children, including by guiding kids’ access to and use of the online world. Adam pointed you last week to a report that appears to do a good job of keeping things in perspective.

It’s nice to see that FOSI is involving people like Adam and First Amendment lawyer nonpareil Bob Corn-Revere in their conference. The next thing they should do is move it out of Washington to where the parents are. And don’t ask what presidents will do about online safety.

When people ask me why I do what I do for a living — and, more specifically, why I focus all my attention on digital media and technology policy — I often respond by showing them the new gadgets or software I am playing with at any given time.  I just love digital technology.  I am swimming in a sea of digital gadgets, consumer electronics, online applications, computing software, video games, and all sorts of cyber-stuff.

Anyway, even though this is a technology policy blog, I sometimes highlight new digital toys or applications that have changed my life for the better. As the year winds down, therefore, I thought I would share with you five technologies that improved my life and productivity in 2008. I’d also love to hear from all of you about the technologies that you fell in love with this year in case I might have missed them. Here’s my list:

#1) Naturally Speaking 10:

Nat Speak boxThanks to Nate Anderson’s outstanding review over at Ars Technica, I finally made the plunge and bought Dragon Naturally Speaking 10 earlier this month.  Wow, what a life-changer. I had played around with an earlier version of this market-leading speech recognition technology and found it somewhat clunky and unreliable. But Ver. 10, has ironed out almost all the old problems and become an incredibly sophisticated piece of software in the process. I love the way I can use simple voice commands to navigate menus in Microsoft Word and in Firefox. Perhaps best of all, I can dictate random rants into a pocket recording device and then upload them to Naturally Speaking (via a USB connection) and have them instantly transcribed. I’m even composing blog entries like this using it! Only problem is inserting HTML code; that’s still a hassle. Also, I find that switching from one input device to another definitely affects the quality of the transcription. Once you “train” Naturally Speaking using one device, it makes sense to stick with it. It’s not just the quality of the microphone; it’s also the proximity to your mouth that makes a difference. Regardless, this is one great product and, best of all, it’s should help save my rapidly-aging hands from becoming prematurely arthritic! All those years of video games and keyboards have taken their toll.
Continue reading →