Harvard’s Jonathan Zittrain has launched an interesting new project called “HerdictWeb,” which “seeks to gain insight into what users around the world are experiencing in terms of web accessibility; or in other words, determine the herdict.” It’s a useful tool for determining whether governments are blocking certain websites for whatever reason. Here’s Zittrain’s sock puppet video with all the details!
http://www.youtube.com/v/NggzBHSXdCo&hl=en&fs=1
The website is quite slick and very user-friendly, and they’ve even created a downloadable Firefox button that will automatically check site accessibility while you’re surfing the Net.
The information gathered from this effort will be useful for the OpenNet Initiative that Zittrain and John Palfrey co-created (with others from Univ. of Toronto, Oxford Univ., and Univ. of Cambridge) and wrote about in their excellent book, Access Denied: The Practice and Policy of Global Internet Filtering, which was one of my favorite technology policy books of the past year. The data collected will give them, and us, a fuller picture of just how widespread global filtering and censorship efforts really are. I encourage you to take a look and spread the word, especially to those in foreign countries who could probably use it more than us. (Of course, their governments will likely block Herdict once the word gets around!)
I was over at the Federal Communications Commission (FCC) the other day chatting with someone about various regulatory issues and Rush Limbaugh’s WSJ editorial came up. The person I was speaking with made a comment about how conservatives have really been energized and unified in opposition to the re-imposition to the Doctrine. I reminded them, however, that it wasn’t always the case that conservatives stood together in the fight over the Fairness Doctrine. In fact, when I first came to town almost 20 years ago, there were still plenty of conservatives who actually favored it. I was reminded of that fact when reading a new piece in Engage about “Broadcast ‘Fairness’ in the Twenty-First Century” by my friend Robert Corn-Revere. Bob is one America’s great First Amendment defenders and his new essay offers an excellent history of efforts to micro-manage speech on the broadcast airwaves over the years. In it, he reminds us that:
Given the recent vocal opposition to the Fairness Doctrine in the interest of preserving conservative talk radio, it is easy to forget that many prominent conservatives championed the doctrine before its demise. Phyllis Schlafly was a vocal proponent of the Fairness Doctrine because of what she described as “the outrageous and blatant anti-Reagan bias of the TV network newscasts,” and she testified at the FCC in the 1980s in support of the policy “to serve as a small restraint on the monopoly power wielded by Big TV Media.” Senator Jesse Helms was another long-time advocate of the Fairness Doctrine, and conservative groups Accuracy in Media and the American Legal Foundation actively pursued fairness complaints at the FCC against network newscasts.
Likewise, in our book, A Manifesto for Media Freedom, Brian Anderson and I note that some other prominent right-leaning politicians, such as Sen. Trent Lott, favored the Fairness Doctrine. Moreover, even though most of those conservative individuals and groups have now turned against the Fairness Doctrine, some Republicans still defend (or even seek to expand) the same underlying regulatory concepts that served as the foundation of the Fairness Doctrine. As Corn-Revere notes: Continue reading →
There was a hearing today in the House Energy and Commerce Committee on “Reauthorization of the Satellite Home Viewer Extension and Reauthorization Act,” which got into the sticky of issue of whether must carry mandates should be applied to satellite television (DBS) operators. My boss, Ken Ferree, president of the Progress & Freedom Foundation, testified in opposition to that notion. Here’s what he had to say about proposals that would require satellite operators to carry local broadcast TV stations from even the smallest markets:
Because Congress cannot repeal the laws of physics, there are only two ways in which a satellite company might comply with such a mandate: 1) it may add capacity (i.e., launch new satellites and build associated ground equipment), or 2) it may convert capacity currently used for other purposes to local television carriage in the most sparsely populated parts of the country. Neither approach makes economic sense. That is, these proposals, if they were to become law, would impose considerable costs on satellite operators while generating no appreciable revenue.
Continue reading →
A classic piece here by Farhad Manjoo of Slate about how “the Internet of 1996 is almost unrecognizable compared with what we have today.” It’s a fun look back at just how far the Internet has come over the past 13 years. I love this passage:
We all know that the Internet has changed radically since the ’90s, but there’s something dizzying about going back to look at how people spent their time 13 years ago. Sifting through old Web pages today is a bit like playing video games from the 1970s; the fun is in considering how awesome people thought they were, despite all that was missing. In 1996, just 20 million American adults had access to the Internet, about as many as subscribe to satellite radio today. The dot-com boom had already begun on Wall Street– Netscape went public in 1995 — but what’s striking about the old Web is how unsure everyone seemed to be about what the new medium was for. Small innovations drove us wild: Look at those animated dancing cats! Hey, you can get the weather right from your computer! In an article ranking the best sites of ’96, Time gushed that Amazon.com let you search for books “by author, subject or title” and “read reviews written by other Amazon readers and even write your own.” Whoopee. The very fact that Time had to publish a list of top sites suggests lots of people were mystified by the Web. What was this place? What should you do here? Time recommended that in addition to buying books from Amazon, “cybernauts” should read Salon, search for recipes on Epicurious, visit the Library of Congress, and play the Kevin Bacon game.
God, do you remember those days? I sure do. I penned a piece last month about the amazing technological progress we have witnessed over the past decade.
Meanwhile, we have a whole town full of clowns here in DC looking to regulate the Internet and digital technology for one reason or another. All these would-be regulators need to step back and appreciate just how well markets have been working and why regulation would be a disaster for technological progress. Viva la (Technology) Revolution!
Even an economy in shambles shall not sway the elevation to Federal Trade Commission chairmanship of Jon Leibowitz, an interventionist-minded commissioner who, like all planners, knows better than others how markets should be structured.
In several important areas, his inclinations (judging from the cheers emanating from interest groups like PIRG and Center for Digital Democracy) lean toward substituting political “discipline” for what competitive markets offer.
He supports “opt-in” with respect to behavioral advertising, which we’ve often described as not-necessarily good for a lot of reasons. We’ll come back to this later.
He supports antitrust intervention with respect to firms like Intel (and watch out, Google), and favors destructive “conditions” on mergers. Nineteenth-century, smokestack-era antitrust, rather than withering, now seems dedicated to exploiting and hobbling large-scale transactions in ways that end up creating entities that would not emerge in free markets. Several mergers lately have resulted in such artificially constrained frankensteins, or suffered catastrophic delays. Thus “competition policy” (ha!) neuters the healthy competitive response to them that could have come about. (See my FCC comment on XM/Sirius in that regard.)
On “net neutrality,” we leap beyond whether markets are adequate to discipline errant behavior; here the starting point is the nominee’s doubt that
even antitrust intervention is necessarily “adequate to the task”; thus the implication that new laws may be in order.
Let’s just take net neutrality for now. There are plenty reasons I think it’s an outrage to regulate price and access on networks and infrastructure; but just for the moment, the entire concept rests upon numerous (I often feel deliberate, in my less-charitable moods) misperceptions or misrepresentations about competitive markets and capitalism. These include but are not limited to the following: (Adapted from an FCC filing I made).
Continue reading →
This is the third in a series of articles about Internet technologies. The first article was about web cookies. The second article explained the network neutrality debate. This article explains network management systems. The goal of this series is to provide a solid technical foundation for the policy debates that new technologies often trigger. No prior knowledge of the technologies involved is assumed.
There has been lots of talk on blogs recently about Cox Communications’ network management trial. Some see this as another nail in Network Neutrality’s coffin, while many users are just hoping for anything that will make their network connection faster.
As I explained previously, the Network Neutrality debate is best understood as a debate about how to best manage traffic on the Internet.
Those who advocate for network neutrality are actually advocating for legislation that would set strict rules for how ISPs manage traffic. They essentially want to re-classify ISPs as common carriers. Those on the other side of the debate believe that the government is unable to set rules for something that changes as rapidly as the Internet. They want ISPs to have complete freedom to experiment with different business models and believe that anything that approaches real discrimination will be swiftly dealt with by market forces.
But what both sides seem to ignore is that traffic must be managed. Even if every connection and router on the Internet is built to carry ten times the expected capacity, there will be occasional outages. It is foolish to believe that routers will never become overburdened–they already do. Current routers already have a system for prioritizing packets when they get overburdened; they just drop all packets received after their buffers are full. This system is fair, but it’s not optimized.
The network neutrality debate needs to shift to a debate on what should be prioritized and how. One way packets can be prioritized is by the type of data they’re carrying. Applications that require low latency would be prioritized and those that don’t require low latency would not be prioritized.
According to a new connectivity scorecard created by Leonard Waverman of the London Business School, it’s not the pure size of connections that matter, er, it’s how we use our broadband that really matters. As a result, Americans are more “connected” than we think. We come out #1 (followed by Sweden and Denmark). The report differs from typical studies that rate the U.S. as 11th or 16th (or whatever the latest number) and generally give countries like Korea high regards for their broadband, per the report’s FAQ:
The Connectivity Scorecard is an attempt to capture how “usefully connected” countries around the world really are. Like any Scorecard, ours is essentially a collection of different metrics, but our metrics encompass usage and skills as well as infrastructure. Further, we recognize that the primary driver of productivity and economic growth is the ability of businesses to use ICT effectively. Thus we give business – and those measures related to business infrastructure and usage – the weight that economic statistics suggest it should be given.
So take
that, Korea!
This week, the Ninth Circuit Court of Appeals struck down a California video game statute as unconstitutional, holding that it violated both the First and Fourteenth Amendments to the federal Constitution. The California law, which passed in October 2005 (A.B.1179), would have blocked the sale of “violent” video games to those under 18 and required labels on all games. Offending retailers could have been fined for failure to comply with the law. It was immediately challenged by the Video Software Dealers Association and the Entertainment Software Association and, in August of 2007, a district court decision in the case of Video Software Dealers Association v. Schwarzenegger [decision here] enforced a permanent injunction against the law. The Ninth Circuit heard the state’s challenge to the injunction last year and handed down it’s decision this week [decision here] holding the statute unconstitutional. The key passage:
We hold that the Act, as a presumptively invalid content based restriction on speech, is subject to strict scrutiny and not the “variable obscenity” standard from Ginsberg v. New York
, 390 U.S. 629 (1968). Applying strict scrutiny, we hold that the Act violates rights protected by the First Amendment because the State has not demonstrated a compelling interest, has not tailored the restriction to its alleged compelling interest, and there exist less-restrictive means that would further the State’s expressed interests. Additionally, we hold that the Act’s labeling requirement is unconstitutionally compelled speech under the First Amendment because it does not require the disclosure of purely factual information; but compels the carrying of the State’s controversial opinion. Accordingly, we affirm the district court’s grant of summary judgment to Plaintiffs and its denial of the State’s cross-motion. Because we affirm the district court on these grounds, we do not reach two of Plaintiffs’ challenges to the Act: first, that the language of the Act is unconstitutionally vague, and, second, that the Act violates Plaintiffs’ rights under the Equal Protection Clause of the Fourteenth Amendment.
Continue reading →
It’s good to see Google and Microsoft playing nice (for once):
Microsoft has licensed the Exchange ActiveSync protocol to several other mobile communications players, including Apple. Horacio Gutierrez, a top Microsoft intellectual property and licensing executive, said in a statement that Google’s licensing of the patents related to the protocol “is a clear acknowledgement of the innovation taking place at Microsoft.”
He said it also exemplifies the company’s “openness to generally license our patents under fair and reasonable terms so long as licensees respect Microsoft intellectual property.”
Check out Google’s new service.
Here at TLF we often worry about government encroachment on the latest and greatest technologies. It seems that federal regulators want to control everything that has to do with our beloved and still largely free Internet—how data moves around, whether or not we can encrypt it, how long it is stored, who owns it, and how we can get their hands on it.
But even relatively low-tech means of communication are under attack too, or at least are rumored to be.
Lately there has been so much clamor over the Fairness Doctrine—an abandoned rule mandating equal time for all sides of controversial issues discussed on broadcast radio & television—that the Obama administration has stated publicly that the President is against reviving it.
Even so, the mascot of the anti-Fairness Doctrine crowd, Rush Limbaugh, has voiced his opinion in an op-ed in today’s The Wall Street Journal.
Mr. Limbaugh’s position is obvious: he doesn’t like the Fairness Doctrine. Not because he’s against fairness or thinks that liberal voices shouldn’t be heard, but because, as he puts it, “The dangers of an overly timid or biased press cannot be averted through bureaucratic regulation, but only through the freedom and competition that the First Amendment sought to guarantee.”
Continue reading →
The Technology Liberation Front is the tech policy blog dedicated to keeping politicians' hands off the 'net and everything else related to technology.