culture – Technology Liberation Front https://techliberation.com Keeping politicians' hands off the Net & everything else related to technology Thu, 03 Apr 2025 23:20:10 +0000 en-US hourly 1 6772528 Podcast: Should We Regulate AI? https://techliberation.com/2023/05/08/podcast-should-we-regulate-ai/ https://techliberation.com/2023/05/08/podcast-should-we-regulate-ai/#comments Mon, 08 May 2023 12:15:12 +0000 https://techliberation.com/?p=77120

It was my pleasure to recently join Matthew Lesh, Director of Public Policy and Communications for the London-based Institute of Economic Affairs (IEA), for the IEA podcast discussion, “Should We Regulate AI?” In our wide-ranging 30-minute conversation, we discuss how artificial intelligence policy is playing out across nations and I explained why I feel the UK has positioned itself smartly relative to the US & EU on AI policy. I argued that the UK approach encourages a better ‘innovation culture’ than the new US model being formulated by the Biden Administration.

We also went through some of the many concerns driving calls to regulate AI today, including: fears about job dislocations, privacy and security issues, national security and existential risks, and much more.

Additional reading:

]]> https://techliberation.com/2023/05/08/podcast-should-we-regulate-ai/feed/ 6 77120 Studies Document Growing Cost of EU Privacy Regulations https://techliberation.com/2023/02/09/studies-document-growing-cost-of-eu-privacy-regulations/ https://techliberation.com/2023/02/09/studies-document-growing-cost-of-eu-privacy-regulations/#comments Thu, 09 Feb 2023 16:22:47 +0000 https://techliberation.com/?p=77086

[Originally published on Medium on 2/5/2022]

In an earlier essay, I explored “Why the Future of AI Will Not Be Invented in Europe” and argued that, “there is no doubt that European competitiveness is suffering today and that excessive regulation plays a fairly significant role in causing it.” This essay summarizes some of the major academic literature that leads to that conclusion.

Since the mid-1990s, the European Union has been layering on highly restrictive policies governing online data collection and use. The most significant of the E.U.’s recent mandates is the 2018 General Data Protection Regulation (GDPR). This regulation established even more stringent rules related to the protection of personal data, the movement thereof, and limits what organizations can do with data. Data minimization is the major priority of this system, but there are many different types of restrictions and reporting requirements involved in the regulatory scheme. This policy framework also has ramifications for the future of next-generation technologies, especially artificial intelligence and machine learning systems, which rely on high-quality data sets to improve their efficacy.

Whether or not the E.U.’s complicated regulatory regime has actually resulted in truly meaningful privacy protections for European citizens relative to people in other countries remains open to debate. It is very difficult to measure and compare highly subjective values like privacy across countries and cultures. This makes benefit-cost analysis for privacy regulation extremely challenging — especially on the benefits side of the equation.

What is no longer up for debate, however, is the cost side of the equation and the question of what sort of consequences the GDPR has had on business formation, competition, investment, and so on. On these matters, standardized metrics exist and the economic evidence is abundantly clear: the GDPR has been a disaster for Europe.

Summary of Major Studies on Impact of EU Data Regulation

Consider the impact of E.U. data controls on business startups and market structure. GDPR and other regulations greatly limit the flow of data to innovative upstarts who need it most to compete, leaving only the largest companies who can afford to comply to control most of the market. Benjamin Mueller of ITIF notes that it is already the case that just “two of the world’s 30 largest technology firms by market capitalization are from the EU,” and only “5 of the 100 most promising AI startups are based in Europe,” while private funding of AI startups in Europe for 2020 ($4 billion) was dwarfed by US ($36 billion) and China ($25 billion). These issues are even more pressing as the E.U. looks to advance a new AI Act, which would layer on still more regulatory restrictions.

In concrete terms, this has meant that the E.U. came away from the digital revolution with “the complete absence of superstar companies,” argue competition policy experts Nicolas Petit and David Teece. There are no European versions of Microsoft, Google, or Apple, even though Europeans clearly demand the sort of products and services those US-based companies provide. Entrepreneurialism scholar Zoltan Acs asks: “What has been the outcome of E.U. policy in limiting entrepreneurial activity over recent decades?” His conclusion:

It is immediately clear… that the United States and China dominate the platform landscape. Based on the market value of top companies, the United States alone represents 66% of the world’s platform economy with 41 of the top 100 companies. European platform-based companies play a marginal role, with only 3% of market value.

Several recent studies have documented the costs associated with the GDPR and the E.U.’s heavy-handed approach to data flows more generally. Here is a rundown of some of the academic evidence and a summary of the major findings from these studies.

“There is a growing body of economic literature and commentary showing that the costs of implementing the GDPR benefit large online platforms, and that consent-based data collection gives a competitive advantage to firms offering a range of consumer-facing products compared to smaller market actors. This in turn increases concentration in a number of digital markets where access to data is important, by creating barriers to entry or encouraging market exit.” (p. 2–3)

“this paper examines how privacy regulation shaped firm performance in a large sample of companies across 61 countries and 34 industries. Controlling for firm and country-industry-year unobserved characteristics, we compare the outcomes of firms at different levels of exposure to EU markets, before and after the enforcement of the GDPR in 2018. We find that enhanced data protection had the unintended consequence of reducing the financial performance of companies targeting European consumers. Across our full sample, firms exposed to the regulation experienced a 8% decline in profits, and a 2% reduction in sales. An exception is large technology companies, which were relatively unaffected by the regulation on both performance measures. Meanwhile, we find the negative impact on profits among small technology companies to be almost double the average effect across our full sample. Following several robustness tests and placebo regressions, we conclude that the GDPR has had significant negative impacts on firm performance in general, and on small companies in particular.” (p. 1)

“We show that websites’ vendor use falls after the European Union’s General Data Protection Regulation (GDPR), but that market concentration also increases among technology vendors that provide support services to websites. We collect panel data on the web technology vendors selected by more than 27,000 top websites internationally. The week after the GDPR’s enforcement, website use of web technology vendors falls by 15% for EU residents. Websites are more likely to drop smaller vendors, which increases the relative concentration of the vendor market by 17%. Increased concentration predominantly arises among vendors that use personal data such as cookies, and from the increased relative shares of Facebook and Google-owned vendors, but not from website consent requests. Though the aggregate changes in vendor use and vendor concentration dissipate by the end of 2018, we find that the GDPR impact persists in the advertising vendor category most scrutinized by regulators. Our findings shed light on potential explanations for the sudden drop and subsequent rebound in vendor usage.” (p. 1)

“GDPR creates inherent tradeoffs between data protection and other dimensions of welfare, including competition and innovation. While some of these effects were acknowledged when constructing the legal data regime, many were disregarded. Furthermore, the magnitude and breadth of such effects may well constitute an unintended and unheeded welfare-reducing consequence. As this article shows, the GDPR limits competition and increases concentration in data and data-related markets, and potentially strengthens large data controllers. It also further reinforces the already existing barriers to data sharing in the EU, thereby potentially reducing data synergies that might result from combining different datasets controlled by separate entities.” (pp. 3–4)

“Using data on 4.1 million apps at the Google Play Store from 2016 to 2019, we document that GDPR induced the exit of about a third of available apps; and in the quarters following implementation, entry of new apps fell by half. We estimate a structural model of demand and entry in the app market. Comparing long-run equilibria with and without GDPR, we find that GDPR reduces consumer surplus and aggregate app usage by about a third. Whatever the privacy benefits of GDPR, they come at substantial costs in foregone innovation.”

“this paper empirically quantifies the effects of the enforcement of the EU’s General Data Protection Regulation (GDPR) on online user behavior over time, analyzing data from 6,286 websites spanning 24 industries during the 10 months before and 18 months after the GDPR’s enforcement in 2018. A panel differences estimator, with a synthetic control group approach, isolates the short- and long-term effects of the GDPR on user behavior. The results show that, on average, the GDPR’s effects on user quantity and usage intensity are negative; e.g., the numbers of total visits to a website decrease by 4.9% and 10% due to GDPR in respectively the short- and long-term. These effects could translate into average revenue losses of $7 million for e-commerce websites and almost $2.5 million for ad-based websites 18 months after GDPR. The GDPR’s effects vary across websites, with some industries even benefiting from it; moreover, more-popular websites suffer less, suggesting that the GDPR increased market concentration.”

“This paper investigates the impact of the General Data Protection Regulation (GDPR for short) on consumers’ online browsing and search behavior using consumer panels from four countries, United Kingdom, Spain, United States, and Brazil. We find that after GDPR, a panelist exposed to GDPR submits 21.6% more search terms to access information and browses 16.3% more pages to access consumer goods and services compared to a non-exposed panelist, indicating higher friction in online search. The implications of increased friction are heterogeneous across firms: Bigger e-commerce firms see an increase in consumer traffic and more online transactions. The increase in the number of transactions at large websites is about 6 times the increase experienced by smaller firms. Overall, the post-GDPR online environment may be less competitive for online retailers and may be more difficult for EU consumers to navigate through.”

“Privacy regulations should increase trust because they provide laws that increase transparency and allow for punishment in cases in which the trustee violates trust. […] We collected survey panel data in Germany around the implementation date and ran a survey experiment with a GDPR information treatment. Our observational and experimental evidence does not support the hypothesis that the GDPR has positively affected trust. This finding and our discussion of the underlying reasons are relevant for the wider research field of trust, privacy, and big data.”

“We follow more than 110,000 websites and their third-party HTTP requests for 12 months before and 6 months after the GDPR became effective and show that websites substantially reduced their interactions with web technology providers. Importantly, this also holds for websites not legally bound by the GDPR. These changes are especially pronounced among less popular websites and regarding the collection of personal data. We document an increase in market concentration in web technology services after the introduction of the GDPR: Although all firms suffer losses, the largest vendor — Google — loses relatively less and significantly increases market share in important markets such as advertising and analytics. Our findings contribute to the discussion on how regulating privacy, artificial intelligence and other areas of data governance relate to data minimization, regulatory competition, and market structure.”

William Rinehart of the Center for Growth and Opportunity has compiled and summarized many additional studies that document the costs associated with restrictions on data, including many state privacy laws imposed in the United States.

“The Biggest Loser”: Innovation Culture Gone Wrong

Taken together, this evidence makes it clear that, “Well-meaning privacy laws can have the unintended consequence of penalizing smaller companies within technology markets.” It can also have broader geopolitical ramifications for continental competitive advantage and engagement between countries. Some have argued that the United Kingdom’s so-called “Brexit” from the EU can be viewed as not only an effort to reclaim its sovereignty but more specifically “to escape its crippling regulatory structure.” The E.U.’s approach to emerging technology regulation likely had some bearing on this. Acs argues that Britain’s move was logical, “because E.U. regulations were holding back the U.K.’s strong DPE (digital platform economy).” “If the United Kingdom was to realize its economic potential,” he says, “it had to extricate itself from the European Union,” due to the growing “dysfunctional E.U. bureaucracy.”

Can Europe turn things around? Most market watchers do not believe that the E.U. will be willing to change its regulatory course in such a way that the continent would suddenly become more open to data-driven innovation. As part of a Spring 2022 journal symposium, The International Economy asked 11 experts from Europe and the U.S. to consider where the European Union currently stood in “the global tech race.” The responses were nearly unanimous and bluntly summarized in the symposium’s title: “The Biggest Loser.” Several respondents observed how “Europe is considered to be lagging behind in the global tech race,” and “is unlikely to become a global hub of innovation.” “The future will not be invented in Europe,” another respondent concluded. Europe’s risk-averse culture and preference for meticulously detailed and highly precautionary regulatory regimes were repeatedly cited as factors.

Europe has become the biggest loser on the digital technology front not because of their people but because of their policy. Europe is filled with some of the most important advanced education and engineering programs in the world, and countless brilliant minds there could be leading world-leading digital technology companies that could rival the U.S., China, and the rest of the world. But Europe’s current “innovation culture” simply will not allow it.

Innovation culture refers to “the various social and political attitudes and pronouncements towards innovation, technology, and entrepreneurial activities that, taken together, influence the innovative capacity of a culture or nation.” A positive innovation culture depends upon a dynamic, open economy that encourages new entry, entrepreneurialism, continuous investment, and the free movement of goods, ideas, and talent.

At this point in time, it is clear that — at least for data-driven sectors — the E.U. has created the equivalent of an anti-innovation culture, and the GDPR has clearly played a major rule in that outcome. This regulatory regime has also had devastating consequences for venture capital formation and investment more generally in Europe. “Public policy and attitudes explain the relative technological decline and lack of economic dynamism,” Petit and Teece argue, and it has resulted in, “weak venture capital markets, fragmented research capabilities, low worker mobility and frustrated entrepreneurs.”

Industrial Policy Won’t Save Europe

While the E.U. is aggressively regulating data-driven sectors, it is simultaneously trying to use industrial policy programs to advance new technological capabilities and innovations. European policymakers would obviously like to avoid a repeat of the past quarter century and the lack of digital technology competition and innovation they witnessed.

But past European industrial policy efforts on the digital technology front have largely failed, as Connor Haaland and I documented earlier. Zoltan Acs notes that, despite many state efforts to promote digital innovation across the continent in recent decades, the E.U.’s regulatory policies have resulted in the opposite. “The European Union protected traditional industries and hoped that existing firms would introduce new technologies. This was a policy designed to fail,” he argues. A major recent book, Questioning the Entrepreneurial State: Status-quo, Pitfalls, and the Need for Credible Innovation Policy (Springer, 2022), offers additional evidence of the failure of European industrial policy efforts. No amount of industrial policy planning and spending is going to be able to overcome a negative innovation culture that suffocates entrepreneurialism and investment out of the gates.

These findings have lessons for policymakers in the United States, too, especially with President Biden and even many Republicans now calling for heavy-handed top-down regulation of digital technology companies. Basically, “President Biden Wants America to Become Europe on Tech Regulation,” I argued in a recent R Street Institute blog post. In a letter to the Wall Street Journal, I responded to recent opeds by both President Biden and former Trump Administration Attorney General William Barr in which they both advocated regulations that would take us down the disastrous path that the European Union has already charted.

“The only thing Europe exports now on the digital-technology front is regulation,” I noted in my response, and that makes it all the more mind-boggling that Biden and Barr want to go down that same path. “Overregulation by EU bureaucrats led Europe’s best entrepreneurs and investors to flee to the U.S. or elsewhere in search of the freedom to innovate.” This is the wrong innovation culture for the United States if we hope to be a leader in the Computational Revolution that is unfolding — and match expanding efforts by the Chinese to top us at it.

In closing, policymakers should never lose sight of the most fundamental lesson of innovation policy, which can be stated quite simply: You only get as much innovation as you allow to begin with. If the public policy defaults are all set to be maximally restrictive and limit entrepreneurialism and experimentation by design, then it should be no surprise when the country or continent fails to generate meaningful innovation, investment, new companies, and global competitive advantage. The European model is no model for America.

Additional reading:

]]> https://techliberation.com/2023/02/09/studies-document-growing-cost-of-eu-privacy-regulations/feed/ 2 77086 AI Policy Research: My Year in Review https://techliberation.com/2022/12/26/ai-policy-research-my-year-in-review/ https://techliberation.com/2022/12/26/ai-policy-research-my-year-in-review/#comments Mon, 26 Dec 2022 20:07:40 +0000 https://techliberation.com/?p=77073

I spent much of 2022 writing about the growing policy debate over artificial intelligence, machine learning, robotics, and the Computational Revolution more generally. Here are some of the major highlights of my work on this front.

All these essays + dozens more can be found on my: “Running List of My Research on AI, ML & Robotics Policy.” I have several lengthy studies and many shorter essays coming in the first half of 2023.

Finally, here is a Federalist Society podcast discussion about AI policy hosted by Jennifer Huddleston in which Hodan Omaar of ITIF and I offer a big picture overview of where things are headed next.

]]> https://techliberation.com/2022/12/26/ai-policy-research-my-year-in-review/feed/ 2 77073 Dispatch from JMI’s “Tech & Innovation Summit” Panel on Progress Studies https://techliberation.com/2022/09/16/dispatch-from-jmis-tech-innovation-summit-panel-on-progress-studies/ https://techliberation.com/2022/09/16/dispatch-from-jmis-tech-innovation-summit-panel-on-progress-studies/#comments Fri, 16 Sep 2022 13:59:12 +0000 https://techliberation.com/?p=77044

It was my pleasure this week to participate in a panel discussion about the future of innovation policy at the James Madison Institute’s 2022 Tech and Innovation Summit in Coral Gables, FL. Our conversation focused on the future of Progress Studies, which is one of my favorite topics. We were asked to discuss five major questions and below I have summarized some of my answers to them, plus some other thoughts I had about what I heard at the conference from others.

  1. What is progress studies and why is it so needed today?

In a sense, Progress Studies is nothing new. Progress studies goes back at least to the days of Adam Smith and plenty of important scholars have been thinking about it ever since. Those scholars and policy advocates have long been engaged in trying to figure out what’s the secret sauce that powers economic growth and human prosperity. It’s just that we didn’t call that Progress Studies in the old days.

The reason Progress Studies is important is because technological innovation has been shown to be the fundamental driver in improvements in human well-being over time.  When we can move the needle on progress, it helps individuals extend and improve their lives, incomes, and happiness. By extension, progress helps us live lives of our choosing. As Hans Rosling brilliantly argued, the goal of expanding innovation opportunities and raising incomes “is not just bigger piles of money” or more leisure time. “The ultimate goal is to have the freedom to do what we want.”

  1. What don’t policymakers get about progress?

Policymakers often fail to appreciate the connection between innovation policy defaults and actual real-world innovation outcomes. Here is the biggest no-duh statement ever uttered: If you discourage innovation by default, you’ll get a lot less of it. In other words, incentives matters if you hope to create a positive innovation culture. Innovation culture refers to the various social and political attitudes, policies and entrepreneurial activities that, taken together, influence the innovative capacity of a particular region.

Thus, when policymakers make the Precautionary Principle the legal default for innovative activities, it means that government has put a red light in front of entrepreneurs and treated them and their innovations as guilty until proven innocent.  That’s a sure-fire recipe for stagnation.

The better approach is to make Permissionless Innovation our policy default and treat entrepreneurs and innovations as innocent until proven guilty. When our policy defaults offer entrepreneurs more green lights instead of red ones, it encourages more experimentation with new and better ways of doing things. In turn, this spurs business formation, job creation, new industries and products, and broad-based economic growth.

But policymakers consistently ignore this fundamental reality about the connection between policy and progress.

  1. Can you think of any states or governments that are doing a good job of putting the insights of progress studies into practice?

This summer, I co-authored an essay about, “How Arizona Is Getting Innovation Culture Right,” and highlighted the many important reforms undertaken over the past eight years by Gov. Doug Ducey and the Arizona Legislature. Arizona has advanced several reforms that have helped the state get its innovation culture right both broadly and narrowly. Broadly speaking, the state took steps to minimize red tape burdens and streamline permitting process and occupational licensing mandates. They also promoted “right to earn a living” and “right to try” initiatives to broaden worker and patient opportunities.

In terms of more targeted reforms, Arizona took steps to clear the way for greater broadband rollout and encouraged experimentation with commercial drones and driverless cars. The state also helped pioneer the use of “regulatory sandboxes,” which grant innovators a temporary safe space free of excessive regulatory burdens so they can experiment with new products and services.

And then there’s the city of Miami. At the JMI event, Miami Mayor Francis Suarez delivered a keynote address and he identified 3 keys to attracting talent and building opportunity: (1) Keep taxes low, (2) keep people safe, and (3) focus on innovation. He’s following that script and making Miami a hotbed of entrepreneurial opportunity.

Mayor Suarez spoke of how he is embracing emerging technologies like blockchain to compete with the traditional geographic Goliaths of tech, like San Francisco and New York. There’s been a massive inflow of companies and investors as a result. The city has become #1 in tech job growth and the inflow of tech entrepreneurs. “It turns out that if you welcome people… they come,” he said. “They want to migrate to places that are on the cutting edge of technology” and find “pathways to prosperity.”

Miami and Arizona offer great models that other cities and states could follow if they hope to improve their own innovation culture.

  1. What is the difference between progress studies and industrial organization, or industrial policy, or “government planning, but for innovation”?

Many policymakers foolishly believe there exists a precise technocratic cocktail that can immediately unlock innovation through highly targeted interventions and spending initiatives. In reality, achieving consistent growth and prosperity requires more than Big Government gimmicks. It’s a long game.

Many politicians and pundits are often fond of using machine-like metaphors and insisting that they have the ability to “fine-tune” innovative outcomes or “dial-in” economic development according to a precise formula. This is how we end up trillions in debt without much to show for it. Most recently, we’ve witnessed an “orgy of spending” on industrial policy schemes at the federal level.

The better metaphor for thinking about a nation’s innovation culture might be a plant or garden. Two of the great Progress Studies thinkers are F. A. Hayek and Joel Mokyr. Hayek once suggested that policymakers should aim to “cultivate a growth by providing the appropriate environment, in the manner in which the gardener does this for his plants.”  And Mokyr has argued that technological innovation and economic progress must be viewed as “a fragile and vulnerable plant, whose flourishing is not only dependent on the appropriate surroundings and climate, but whose life is almost always short. It is highly sensitive to the social and economic environment and can easily be arrested by relatively small external changes.”

Thus, the technocratic industrial policy mindset is always looking for “sexy” initiatives that capture a lot of short-term media attention, but typically fail to produce meaningful innovations or lasting growth. What’s more important to long-term prosperity is that policymakers get the “boring” stuff right.

The building blocks of the “boring” general approach economic development is a mix of broadly applicable tax, spending, regulatory and legal rules that help create a stable innovation ecosystem. Again, it’s like Mayor Suarez’s 3-prong approach of low taxes, safe communities, and a welcoming embrace of entrepreneurialism. That’s the secret sauce that fuels long-term progress and a sustainable prosperity.

  1. Is there a disconnect between the theories of progress and the practice – in other words, is it a problem of governance forms?

Indeed, I already mentioned the difference between the Precautionary Principle and Permissionless Innovation and it’s always interesting to me how my scholars ignore the importance of these governance forms when thinking about how to advance progress. There exists an unfortunate tendency among many to either ignore or repeat the mistakes of the past. Having made significant economic and societal gains thanks to past technological progress, many pundits and policymakers come to take much of it for granted. Thus, Progress Studies requires a process of constant re-education to remind each new generation of what helped raise our living standards so dramatically over the past two centuries.

The dramatic growth in incomes, life expectancy, and human welfare were not the product of sheer luck but of important policy choices. The freedom to think, to innovate, and to trade are the three freedoms that gave us our modern riches. If our governance forms limit those foundational freedoms, our current welfare and future prosperity will suffer. This is the great lesson of Progress Studies.

Additional Reading from Adam Thierer on Progress Studies

 

]]> https://techliberation.com/2022/09/16/dispatch-from-jmis-tech-innovation-summit-panel-on-progress-studies/feed/ 3 77044 Running List of My Research on AI, ML & Robotics Policy https://techliberation.com/2022/07/29/running-list-of-my-research-on-ai-ml-robotics-policy/ https://techliberation.com/2022/07/29/running-list-of-my-research-on-ai-ml-robotics-policy/#respond Fri, 29 Jul 2022 12:51:54 +0000 https://techliberation.com/?p=77020

[last updated 4/3/2025 – Check my Medium page for latest posts]

This a running list of all the essays and reports I’ve already rolled out on the governance of artificial intelligence (AI), machine learning (ML), and robotics. Why have I decided to spend so much time on this issue? Because this will become the most important technological revolution of our lifetimes. Every segment of the economy will be touched in some fashion by AI, ML, robotics, and the power of computational science. It should be equally clear that public policy will be radically transformed along the way.

Eventually, all policy will involve AI policy and computational considerations. As AI “eats the world,” it eats the world of public policy along with it. The stakes here are profound for individuals, economies, and nations. As a result, AI policy will be the most important technology policy fight of the next decade, and perhaps next quarter century. Those who are passionate about the freedom to innovate need to prepare to meet the challenge as proposals to regulate AI proliferate.

There are many socio-technical concerns surrounding algorithmic systems that deserve serious consideration and appropriate governance steps to ensure that these systems are beneficial to society. However, there is an equally compelling public interest in ensuring that AI innovations are developed and made widely available to help improve human well-being across many dimensions. And that’s the case that I’ll be dedicating my life to making in coming years.

Here’s the list of what I’ve done so far. I will continue to update this as new material is released:

2025

2024

2023

2022

2021 (and earlier)

]]> https://techliberation.com/2022/07/29/running-list-of-my-research-on-ai-ml-robotics-policy/feed/ 0 77020 3 Questions about Progress: The Profectus Progress Roundtable https://techliberation.com/2022/06/15/3-questions-about-the-progress-the-profectus-progress-roundtable/ https://techliberation.com/2022/06/15/3-questions-about-the-progress-the-profectus-progress-roundtable/#respond Wed, 15 Jun 2022 17:10:56 +0000 https://techliberation.com/?p=77002

Profectus is an excellent new online magazine featuring essays and interviews on the intersection of academic literature, public policy, civilizational progress, and human flourishing. The Spring 2022 edition of the magazine features a “Progress Roundtable” in which six different scholars were asked to contribute their thoughts on three general questions:
  1. What is progress?
  2. What are the most significant barriers holding back further progress?
  3. If those challenges can be overcome, what does the world look like in 50 years?

I was honored to be asked by Clay Routledge to contribute answers to those questions alongside others, including: Steven Pinker (Harvard University), Jason Crawford (Roots of Progress), Matt Clancy (Institute for Progress), Marian Tupy (Human​Progress​.org), James Pethokoukis (AEI). I encourage you to jump over the roundtable and read all their excellent responses. I’ve included my answers down below:

What is progress?

Progress is the advancement of human health, happiness, and general well-being. Measures of well-being can be challenging, however, so we should consider a broad range of metrics, including: life expectancy, infant mortality, poverty measures, energy production/consumption, GDP, productivity, agricultural yields/nourishment, and access to various important goods, services, and conveniences. While each of these metrics may have limitations, taken together, they stand for something meaningful that represents a rough proxy for progress.

But we should always remember what progress means at a deeper level for every individual. Innovation and economic growth are important because they allow us to live lives of our own choosing and enjoy the fruits of a prosperous, pluralistic society.  Progress “is not just bigger piles of money,” as Hans Rosling once noted. “The ultimate goal is to have the freedom to do what we want.”  Accordingly, we should aim to broaden the range of opportunities available to all people to help them flourish.

What are the most significant barriers holding back further progress?

The most significant threat to continued progress is the risk of stagnation accompanying efforts to protect the status quo. As Virginia Postrel taught us in her wonderful book The Future & Its Enemies, we should reject stasis-minded thinking and instead shoot for a world of dynamism, which cherishes and protects the freedom to think and act differently.

Progress hinges upon the growth of knowledge. Knowledge comes from experience, and the most important experiences involve trial-and-error learning. Public attitudes and policies that restrict people and ideas from intermingling freely are a recipe for intellectual, social, and economic stagnation. Accordingly, when we consider public policies toward progress, we should first seek to identify and remove legal and regulatory impediments that limit risk-taking, entrepreneurialism, and technological innovation. As science writer Matt Ridley provocatively puts it, to unlock more growth and prosperity, we must first remove obstacles to “ideas having sex.”

The free movement of people and capital is essential to this process. Openness to immigration is the easiest way for a nation to expand its potential for innovation and growth. But domestic labor skills and mobility are equally important. For entrepreneurs and workers, we need to reframe the battle for progress as “the freedom to innovate” and “the right to earn a living.”

Unfortunately, many barriers exist to advancing those goals, like occupational licensing rules and permitting processes, cronyist industrial protectionist schemes, inefficient tax schemes, and many other layers of regulatory red tape. Reforming or eliminating such rules is crucial for broadening opportunities.

Finally, we need to address cultural barriers to progress. Technology and entrepreneurs often get a bad rap in the media and popular culture. Fear and pessimism dominate their narratives. We must do a better job communicating the benefits of openness to change and give people more reasons to be optimistic about a dynamic future.

If those challenges can be overcome, what does the world look like in 50 years?

I agree with Yogi Berra that “It’s tough to make predictions, especially about the future.” Nonetheless, history shows we can achieve remarkable things when we get the prerequisites for progress right and let people tap into their inherent inquisitiveness and inventiveness. Moving the needle on innovation and growth even just a little will yield compounding returns to future generations. But we should dare to dream bigger and think what progress means for each person today and in the future.

A pro-progress agenda will help us lead longer lives and significantly expand our capabilities because that is what people have always desired most. Accordingly, I believe the most significant advance of the next 50 years will be a radical increase in life expectancy and dramatic improvements in our physical and mental capabilities while we are alive.

Today’s tech critics often claim that technological innovation somehow undermines our humanity. They couldn’t be more wrong. There are few things more human than acts of invention. When we take steps to address practical human needs and wants, we enrich our lives and the lives of countless others. The future will be wonderful, so long as we are free to make it so.

]]> https://techliberation.com/2022/06/15/3-questions-about-the-progress-the-profectus-progress-roundtable/feed/ 0 77002 Samuel Florman & the Continuing Battle over Technological Progress https://techliberation.com/2022/04/06/samuel-florman-the-continuing-battle-over-technological-progress/ https://techliberation.com/2022/04/06/samuel-florman-the-continuing-battle-over-technological-progress/#comments Wed, 06 Apr 2022 18:37:45 +0000 https://techliberation.com/?p=76961

Almost every argument against technological innovation and progress that we hear today was identified and debunked by Samuel C. Florman a half century ago. Few others since him have mounted a more powerful case for the importance of innovation to human flourishing than Florman did throughout his lifetime.

Chances are you’ve never heard of him, however. As prolific as he was, Florman did not command as much attention as the endless parade of tech critics whose apocalyptic predictions grabbed all the headlines. An engineer by training, Florman became concerned about the growing criticism of his profession throughout the 1960s and 70s. He pushed back against that impulse in a series of books over the next two decades, including most notably: The Existential Pleasures of Engineering (1976), Blaming Technology: The Irrational Search for Scapegoats (1981), and The Civilized Engineer (1987). He was also a prolific essayist, penning hundreds of articles for a wide variety of journals, magazines, and newspapers beginning in 1959. He was also a regular columnist for MIT Technology Review for sixteen years.

Florman’s primary mission in his books and many of those essays was to defend the engineering profession against attacks emanating from various corners. More broadly, as he noted in a short autobiography on his personal website, Florman was interested in discussing, “the relationship of technology to the general culture.”

Florman could be considered a “rational optimist,” to borrow Matt Ridley’s notable term [1] for those of us who believe, as I have summarized elsewhere, that there is a symbiotic relationship between innovation, economic growth, pluralism, and human betterment.[2] Rational optimists are highly pragmatic and base their optimism on facts and historical analysis, not on dogmatism or blind faith in any particular viewpoint, ideology, or gut feeling. But they are unified in the belief that technological change is a crucial component of moving the needle on progress and prosperity.

Florman’s unique contribution to advancing rational optimism came in the way he itemized the various claims made by tech critics and then powerfully debunked each one of them. He was providing other rational optimists with a blueprint for how defend technological innovation against its many critics and criticisms. As he argued in The Civilized Engineer, we need to “broaden our conception of engineering to include all technological creativity.”[3] And then we need to defend it with vigor.

In 1982, the American Society of Mechanical Engineers appropriately awarded Florman the distinguished Ralph Coats Roe Medal for his “outstanding contribution toward a better public understanding and appreciation of the engineer’s worth to contemporary society.” Carl Sagan had won the award the previous year. Alas, Forman never attained the same degree of notoriety as Sagan. That is a shame because Florman was as much a philosopher and a historian as he was an engineer, and his robust thinking on technology and society deserves far greater attention. More generally, his plain-spoken style and straight-forward defense of technological progress continues to be a model for how to counter today’s techno-pessimists.

This essay highlights some of the most important themes and arguments found in Florman’s writing and explains its continuing relevance to the ongoing battles over technology and progress.

What Motivates The “Antitechnologists”?

Florman was interested in answering questions about what motivates both engineers as well as their critics. He dug deep into psychology and history to figure out what makes these people tick. Who are engineers, and why do they do what they do? That was his primary question, and we will turn to his answers momentarily. But he also wanted to know what drove the technology critics to oppose innovation so vociferously.

Florman’s most important contribution to the history of ideas lies in his 6-part explanation of “the main themes that run through the works of the antitechnologists.”[4] Florman used the term “antitechnologists” to describe the many different critics of engineering and innovation. He recognized that the term wasn’t perfect and that some people he labelled as such would object to it. Nevertheless, because they offer no umbrella label for their movement or way of thinking, Florman noted that opposition to, or general discomfort with, technology was what motivated these critics. Hence, the label “antitechnologists.”

Florman surveyed a wide swath of technological critics from many different disciplines—philosophy, sociology, law, and other fields. He condensed their main criticisms into six general points:

  • Technology is a “thing” or a force that has escaped from human control and is spoiling our lives.
  • Technology forces man to do work that is tedious and degrading.
  • Technology forces man to consume things that he does not really desire.
  • Technology creates an elite class of technocrats, and so disenfranchises the masses.
  • Technology cripples man by cutting him off from the natural world in which he evolved.
  • Technology provides man with technical diversions which destroy his existential sense of his own being.[5]

No one else before this had ever crafted such a taxonomy of complaints from tech critics, and no one has done it better since Florman did so in 1976. In fact, it is astonishing how well Florman’s list continues to identify what motivates modern technology critics. New technologies have come and gone, but these same concerns tend to be brought up again and again. Florman’s books addressed and debunked each of these concerns in powerful fashion.

The Relentless Pessimism & Elitism of the Antitechnologists

Florman identified the way a persistent pessimism unifies antitechnologists. “Our intellectual journals are full of gloomy tracts that depict a society debased by technology,” he noted.[6] What motivated such gloom and doom? “It is fear. They are terrified by the scene unfolding before their eyes.”[7] He elaborated:

“The antitechnologists are frightened; they counsel halt and retreat. They tell the people that Satan (technology) is leading them astray, but the people have heard that story before. They will not stand still for vague promises of a psychic contentment that is to follow in the wake of voluntary temperance.”[8]

The antitechnologist’s worldview isn’t just relentlessly pessimistic but also highly elitist and paternalistic, Florman argued. He referred to it as “Platonic snobbery.”[9] The economist and political scientist Thomas Sowell would later call that snobbish attitude, “the vision of the anointed.”[10] Like Sowell, Florman was angered at the way critics stared down their noses at average folk and disregarded their values and choices:

“The antitechnologists have every right to be gloomy, and have a bounden duty to express their doubts about the direction our lives are taking. But their persistent disregard of the average person’s sentiments is a crucial weakness in their argument—particularly when they then ask us to consider the ‘real’ satisfactions that they claim ordinary people experienced in other cultures of other times.”[11]

Florman noted that critics commonly complain about “too many people wanting too many things,” but he noted that, “[t]his is not caused by technology; it is a consequence of the type of creature that man is.”[12] One can moralize all they want about supposed over-consumption or “conspicuous consumption,” but in the end, most of us strive to better our lives in various ways—including by working to attain things that may be out of our reach or even superfluous in the eyes of others.

For many antitechnologists and other social critics, only the noble search for truth and wisdom will suffice. Basically, everybody should just get back to studying philosophy, sociology, and other soft sciences. Modern tech critics, Forman said, fashion themselves as the intellectual descendants of Greek philosophers who believed that, “[t]he ideal of the new Athenian citizen was to care for his body in the gymnasium, reason his way to Truth in the academy, gossip in the agora, and debate in the senate. Technology was not deemed worthy of a free man’s time.”[13]

“It is not surprising to find philosophers recommending the study of philosophy as a way of life,” Florman noted amusingly.[14] But that does not mean all of us want (or even need) to devote our lives to such things. Nonetheless, critics often sneer at the choices made by the rest of us—especially when they involve the fruits of science and technology. “The most effective weapon in the arsenal of the antitechnologists is self-righteousness,” he noted,[15] and, “[a]s seen by the antitechnologists, engineers and scientists are half-men whose analysis and manipulation of the world deprives them of the emotional experiences that are the essence of the good life.”[16]

Indeed, it is not uncommon (both in the past and today) to see tech critics self-anoint themselves “humanists” and then suggest that anyone who thinks differently from them (namely, those who are pro-innovation) are the equivalent of anti-humanistic. I wrote about this in my 2018 essay, “Is It ‘Techno-Chauvinist’ & ‘Anti-Humanist’ to Believe in the Transformative Potential of Technology?” I argued that, “[p]roperly understood, ‘technology’ and technological innovation are simply extensions of our humanity and represent efforts to continuously improve the human condition. In that sense, humanism and technology are compliments, not opposites.”

But the critics remain fundamentally hostile to that notion and they often suggest that there is something suspicious about those who believe, along with Florman, that there is a symbiotic relationship between innovation, economic growth, pluralism, and human betterment. We rational optimists, the critics suggest, are simply too focused on crass, materialistic measures of happiness and human flourishing.

Florman observed this when noting how much grief he and fellow engineers and scientists got when engaging with critics. “Anyone who has attempted to defend technology against the reproaches of an avowed humanist soon discovers that beneath all the layers of reasoning—political, environmental, aesthetic, or moral—lies a deep-seated disdain for ‘the scientific view.’”[17]

Everywhere you look in the world of Science & Technology Studies (STS) today, you find this attitude at work. In fact, the field is perhaps better labelled Anti-Science & Technology Studies, or at least Science & Technology Skeptical Studies. For most STSers, the burden of proof lies squarely on scientists, engineers, and innovators who must prove to some (often undefined) higher authorities that their ideas and inventions will bring worth to society (however the critics measure worth and value, which is often very unclear). Until then, just go slow, the critics say. Better yet, consult your local philosophy department for a proper course of action!

The critics will retort that they are just looking out for society’s best interests and trying to counter that selfish, materialist side of humanity. Florman countered by noting how, “most people are in search of the good life—not ‘the goods life’ as [Lewis] Mumford puts it, although some goods are entailed—and most human desires are for good things in moderate amounts.”[18] Trying to better our lives through the creation and acquisition of new and better goods and services is just a natural and quite healthy human instinct to help us attain some ever-changing definition of whatever each of us considers “the good life.” “Something other than technology is responsible for people wanting to live in a house on a grassy plot beyond walking distance to job, market, neighbor, and school,” Florman responded.[19] We all want to “get ahead” and improve our lot in life. That’s not because technology forces the urge upon us. Rather, that urge comes quite naturally as part of a desire to improve our lot in life.

The Power of Nostalgia

I have spent a fair amount of time in my own writing documenting the central role that nostalgia plays in motivating technological criticism.[20] Florman’s books repeatedly highlighted this reality. “The antitechnologists romanticize the work of earlier times in an attempt to make it seem more appealing than work in a technological age,” he noted. “But their idyllic descriptions of peasant life do not ring true.”[21]

The funny thing is, it is hard to pin down the critics regarding exactly when the “golden era” or “good ‘ol days” were. But if there is one thing that they all agree on, it’s that those days have long passed us by. In a 2019 essay on “Four Flavors of Doom: A Taxonomy of Contemporary Pessimism,” philosopher Maarten Boudry noted:

“In the good old days, everything was better. Where once the world was whole and beautiful, now everything has gone to ruin. Different nostalgic thinkers locate their favorite Golden Age in different historical periods. Some yearn for a past that they were lucky enough to experience in their youth, while others locate utopia at a point farther back in time…”

Not all nostalgia is bad. Clay Routledge has written eloquently about how “nostalgia serves important psychological functions,” and can sometimes possess a positive character that strengthens individuals and society. But the nostalgia found in the works of tech critics is usually a different thing altogether. It is rooted in misery about the present and dread of the future—all because technology has apparently stolen away or destroyed all that was supposedly great about the past. Florman noted how, “the current pessimism about technology is a renewed manifestation of pastoralism,” that is typically rooted in historical revisionism about bygone eras.[22] Many critics engage in what rhetoricians call “appeals to nature” and wax poetic about the joys of life for Pre-Technological Man, who apparently enjoyed an idyllic life free of the annoying intrusions created by modern contrivances.

Such “good ol days” romanticism is largely untethered from reality. “For most of recorded history humanity lived on the brink of starvation,” Wall Street Journal columnist Greg Ip noted in a column in early 2019. Even a cursory review of history offers voluminous, unambiguous proof that the old days were, in reality, eras of abject misery. Widespread poverty, mass hunger, poor hygiene, disease, short lifespans, and so on were the norm. What lifted humanity up and improved our lot as a species is that we learned how to apply knowledge to tasks in a better way through incessant trial-and-error experimentation. Recent books by Hans Rosling,[23] Steven Pinker,[24] and many others[25] have thoroughly documented these improvements to human well-being over time.

The critics are unmoved by such evidence, preferring to just jump around in time and cherry-pick moments when they feel life was better than it is now. “Fond as they are of tribal and peasant life, the antitechnologists become positively euphoric over the Middle Ages,” Florman quipped.[26] Why? Mostly because the Middle Ages lacked the technological advances of modern times, which the critics loathe. But facts are pesky things, and as Florman insisted, “it is fair to go on to ask whether or not life was ‘better’ in these earlier cultures than it is in our own.”[27] “We all are moved to reverie by talk of an arcadian golden age,” he noted. “But when we awaken from this reverie, we realize that the antitechnologists have diverted us with half-truths and distortions.”[28]

The critics’ reverence for the old days would be humorous if it wasn’t rooted in an arrogant and dangerous belief that society can be somehow reshaped to resemble whatever preferred past the critics desire. “Recognizing that we cannot return to earlier times, the antitechnologists nevertheless would have us attempt to recapture the satisfactions of these vanished cultures,” Florman noted. “In order to do this, what is required is nothing less than a change in the nature of man.”[29] That is, the critics will insist that, “something must be done” (namely be forced from above via some grand design) to remake humans and discourage their inner homo faber desire to be an incessant tool-builder. But this is madness, Florman argued in one of the best passages from his work:

“we are beginning to realize that for mankind there will never be a time to rest at the top of the mountain. There will be no new arcadian age. There will always be new burdens, new problems, new failures, new beginnings. And the glory of man is to respond to his harsh fate with zest and ever-renewed effort.”[30]

If the critics had their way, however, that zest would be dampened and those efforts restrained in the name of recapturing some mythical lost age. This sort of “rosy retrospection bias” is all the more shocking coming, as it does, from learned people who should know a lot more about the actual history of our species and the long struggle to escape utter despair and destitution. Alas, as the great Scottish philosopher David Hume observed in a 1777 essay, “The humour of blaming the present, and admiring the past, is strongly rooted in human nature, and has an influence even on persons endued with the profoundest judgment and most extensive learning.”[31]

Why Invent? Homo Faber is our Nature

While taking on the critics and debunking their misplaced nostalgia about the past, Florman mounted a defense of engineers and innovators by noting that the need to tinker and create is in our blood. He began by noting how “the nature of engineering has been misconceived”[32] because, in a sense, we are all engineers and innovators to some degree.

Florman’s thinking was very much in line with Benjamin Franklin, who once noted, “man is a tool-making animal.” “Both genetically and culturally the engineering instinct has been nurtured within us,” Florman argued, and this instinct “was as old as the human race.”[33] “To be human is to be technological. When we are being technological we are being human—we are expressing the age-old desire of the tribe to survive and prosper.”[34] In fact, he claimed, it was no exaggeration to say that humans, “are driven to technological creativity because of instincts hardly less basic than hunger and sex.”[35] Had our past situation been as rosy as the critics sometimes suggest, perhaps we would have never bothered to fashion tools to escape those eras! It was precisely because humans wanted to improve their lives and the lives of their loved ones that we started crafting more and better tools. Flint and firewood were never going to suffice.

But our engineering instincts do not end with basic needs. “Engineering responds to impulses that go beyond mere survival: a craving for variety and new possibilities, a feeling for proportion—for beauty—that we share with the artist,” Florman argued.[36] In essence, engineering and innovation respond to both basic human needs and higher ones at every stage of “Maslow’s pyramid,” which describes a five-level hierarchy of human needs. This same theme is developed in Arthur Diamond’s recent book, Openness to Creative Destruction: Sustaining Innovative Dynamism. As Diamond argues, one of the most unheralded features of technological innovation is that, “by providing goods that are especially useful in pursuing a life plan full of challenging, worthwhile creative projects,” it allows each of us the pursue different conceptions of what we consider a good life.[37] But we are only able to do so by first satisfying our basic physiological needs, which innovation also handles for us.

Florman was frustrated that critics failed to understand this point and equally concerned that engineers and innovators had been cast as uncaring gadget-worshipers who did not see beauty and truth in higher arts and other more worldly goals and human values. That’s hogwash, he argued:

“What an ironic turn of events! For if ever there was a group dedicated to—obsessed with—morality, conscience, and social responsibility, it has been the engineering profession. Practically every description of the practice of engineering has stressed the concept of service to humanity.[38] [. . .] Even in an age of global affluence, the main existential pleasure of the engineer will always be to contribute to the well-being of his fellow man.”[39]

Engineers and innovators do not always set out with some grandiose design to change the world, although some aspire to do so. Rather, the “existential pleasures of engineering” that Florman described in the title of his most notable book comes about by solving practical day-to-day problems:

“The engineer does not find existential pleasure by seeking it frontally. It comes to him gratuitously, seeping into him unawares. He does not arise in the morning and say, ‘Today I shall find happiness.’ Quite the contrary. He arises and says, ‘Today I will do the work that needs to be done, the work for which I have been trained, the work which I want to do because in doing it I feel challenged and alive.’ Then happiness arrives mysteriously as a byproduct of his effort.”[40]

And this pleasure of getting practical work done is something that engineers and innovators enjoy collectively by coming together and using specialized skills in new and unique combinations. “[T]echnological progress depends upon a variety of skills and knowledge that are far beyond the capacity of any one individual,” he insisted. “High civilization requires a high degree of specialization, and it was toward high civilization that the human journey appears always to have been directed.”[41] Adam Smith could not have said it any better.

“Muddling Through”: Why Trial-and-Error is the Key to Progress

My favorite insights from Florman’s work relate to the way humans have repeatedly faced up to adversity and found ways to “muddle through.” This was the focus of an old essay of mine— “Muddling Through: How We Learn to Cope with Technological Change”—which argued that humans are a remarkably resilient species and that we regularly find creative ways to deal with major changes through constant trial-and-error experimentation and the learning that results from it.[42]

Florman made this same point far more eloquently long ago:

“We have been attempting to muddle along, acknowledging that we are selfish and foolish, and proceeding by means of trial and error. We call ourselves pragmatists. Mistakes are made, of course. Also, tastes change, so that what seemed desirable to one generation appears disagreeable to the next. But our overriding concern has been to make sure that matters of taste do not become matters of dogma, for that is the way toward violent conflict and tyranny. Trial and error, however, is exactly what the antitechnologists cannot abide.[43]

It is the error part of trial-and-error that is so vital to societal learning. “Even the most cautious engineer recognizes that risk is inherent in what he or she does,” Florman noted. “Over the long haul the improbable becomes the inevitable, and accidents will happen. The unanticipated will occur.”[44] But “[s]ometimes the only way to gain knowledge is by experiencing failure,” he correctly observed[45] “To be willing to learn through failure—failure that cannot be hidden—requires tenacity and courage.”[46]

I’ve argued that this represents the central dividing line between innovation supporters and technology critics. The critics are so focused on risk-adverse, precautionary principle-based thinking that they simply cannot tolerate the idea that society can learn more through trial-and-error than through preemptive planning. They imagine it is possible to override that process and predetermine the proper course of action to create a safer, more stable society. In this mindset, failure is to be avoided at all costs through prescriptions and prohibitions. Innovation is to be treated as guilty until proven innocent in the hope of eliminating the error (or risk / failure) associated with trial-and-error experiments. To reiterate, this logic misses the fact that the entire point of trial-and-error is to learn from our mistakes and “fail better” next time, until we’ve solved the problem at hand entirely.[47]

Florman noted that, “sensible people have agreed that there is no free lunch; there are only difficult choices, options, and trade-offs.”[48] In other words, precautionary controls come at a cost. “All we can do is do the best we can, plan where we can, agree where we can, and compromise where we must,” he said.[49] But, again, the antitechnologists absolutely cannot accept this worldview. They are fundamentally hostile to it because they either believe that a precautionary approach will do a better job improving public welfare, or they believe that trial-and-error fails to safeguard any number of other values or institutions that they regard as sacrosanct. This shuts down the learning process from which wisdom is generated. As the old adage goes, “nothing ventured, nothing gained.” There can be no reward without some risk, and there can be no human advances without unless we are free to learn from the error portion of trial-and-error.

The Costs of Precautionary Regulation

Florman did not spend much time in his writing mulling over the finer points of public policy, but he did express skepticism about our collective ability to define and enforce “the public interest” in various contexts. A great many regulatory regimes—and their underlying statutes—rest on the notion of “protecting the public interest.” It is impossible to be against that notion, but it is often equally impossible to define what it even means.[50]

This leads to what Florman called, “the search for virtues that nobody can define”[51] “As engineers we are agreed that the public interest is very important; but it is folly to think that we can agree on what the public interest is. We cannot even agree on the scientific facts!”[52] This is especially true today in debates over what constitutes “responsible innovation” or “ethical innovation.”[53] What Florman noted about such conversations three decades ago is equally true today:

“Whenever engineering ethics is on the agenda, emotions come quickly to a boil. […] “It is oh so easy to mouth clichés, for example to pledge to protect the public interest, as the various codes of engineering ethics do. But such a pledge is only a beginning and hardly that. The real questions remain: What is the public interest, and how is it to be served?”[54]

That reality makes it extremely difficult to formulate consensus regarding public polices for emerging technologies. And it makes it particularly difficult to define and enforce a “precautionary principle” for emerging technologies that will somehow strike the Goldilocks balance of getting things just right. This was the focus of my 2016 book Permissionless Innovation, which argued that the precautionary principle should be the last resort when contemplating innovation policy. Experimentation with new technologies and business models should generally be permitted by default because, “living in constant fear of worst-case scenarios—and premising public policy on them—means that best-case scenarios will never come about,” I argued. The precautionary principle should only be tapped when the harms alleged to be associated with a new technology are highly probable, tangible, immediate, irreversible, catastrophic, or directly threatening to life and limb in some fashion.

For his part, Florman did not want to get his defense of engineering mixed up with politics and regulatory considerations. Engineers and technologists, he noted, come in many flavors and supported many different causes. Generally speaking, they tend to be quite pragmatic and shun strong ideological leanings and political pronouncements.

Of course, at some point, there is no avoiding this fight; one must comment on how to strike the right balance when politics enter the picture and threatens to stifle technological creativity. Florman’s perspectives on regulatory policy were somewhat jumbled, however. On one hand, he expressed concern about excessive and misguided regulations, but he also saw government playing an important role both in supporting various types of engineering projects and regulating certain technological developments:

“The regulatory impulse, running wild, wreaks havoc, first of all by stifling creative and productive forces that are vital to national survival. But it does harm also—and perhaps more ominously—by fomenting a counter-revolution among outraged industrialists, the intensity of which threatens to sweep away many of the very regulations we most need.”[55]

In his 1987 book, The Civilized Engineer, Florman even expressed surprise and regret about growing pushback against regulation during the Reagan years. He also expressed skepticism about “the deceptive allure” of benefit-cost analysis, which was on the rise at the time, saying that the “attempt to apply mathematical consistency to the regulatory process was deplorably simplistic.”[56] I have always been a big believer in the importance of benefit-cost analysis (BCA), so I was surprised to read of Florman’s skepticism of it. But he was writing in the early days of BCA and it was not entirely clear how well it work in practice. Four decades on, BCA has become far more rigorous, academically respected, and well-established throughout government. It has widespread and bipartisan support as a policy evaluation tool.

Florman adamantly opposed any sort of “technocracy”—or administration of government by technically-skilled elites. He thought it was silly that so many tech critics believe that such a thing already existed. “The myth of the technocratic elite is an expression of fear, like a fairy tale about ogres,” he argued. “It springs from an understandable apprehension, but since it has no basis in reality, it has no place in serious discourse.”[57] Nor did he believe that there was any real chance a technocracy would ever take hold. “No matter how complex technology becomes, and no matter how important it turns out to be in human affairs, we are not likely to see authority vested in a class of technocrats.”[58]

Florman hoped for wiser administration of law and regulations that affected engineering endeavors and innovation more generally. Like so many others, he did not necessarily want more law, just better law. One cannot fault that instinct, but Florman was not really interested in fleshing out the finer details of policy about how to accomplish that objective. He preferred instead to use history as a rough guide for policy. From the fall of the Roman Empire to the decline of Britain’s economic might in more recent times, Florman observed the ways in which societal and governmental attitudes toward innovation influenced the relative growth of science, technology, and national economies. In essence, he was explaining how “innovation culture” and “innovation arbitrage” had been realities for far longer than most people realize.[59]

“Where the entrepreneurial spirit cannot be rewarded, and where non-productive workers cannot be discharged, stagnation will set in,” Florman concluded.[60] This is very much in line with the thinking of economic historians like Joel Mokyr[61] and Deirdre McCloskey,[62] who have identified how attitudes toward creativity and entrepreneurialism affect the aggregate innovative capacity of nations, and thus their competitive advantage and relative prosperity in the world.

Debunking Determinism, Anxiety & Alienation Concerns

One of the ironies of modern technological criticism is the way many critics can’t seem to get their story straight when it comes to “technological determinism” versus social determinism. In the extreme view, technological determinism is the idea that technology drives history and almost has a will of its own. It is like an autonomous force that is practically unstoppable. By contrast, social determinism means that society (individuals, institutions, etc.) guide and control the development of technology.

In the field of Science and Technology Studies, technological determinism is a very hot matter. Academic and social critics are fond of painting innovation advocates as rigid tech determinists who are little better than uncaring anti-humanistic gadget-worshipers. The critics have employed a variety of other creative labels to describe tech determinism, including: “techno-fundamentalism,” “technological solutionism,” and even “techno-chauvinism.”

Engineers and other innovators often get hit with such labels and accused of being rigid technological determinists who just want to see tech plow over people and politics. But this was, and remains, a ridiculous argument. Sure, there will always be some wild-eyed futurists and extropian extremists who make preposterous claims about how “there is no stopping technology.” “Even now the salvation-through-technology doctrine has some adherents whose absurdities have helped to inspire the antitechnological movement, Florman said.”[63] But that hardly represents the majority of innovation supporters, who well understand that society and politics play a crucial role in shaping the future course of technological development.

As Florman noted, we can dismiss extreme deterministic perspectives for a rather simple reason: technologies fail all the time! “If promising technologies can suffer fatal blows from unexpected circumstances,” Florman correctly argued, then “[t]his means that we are still—however precariously—in control of our own destiny.”[64] He believed that, “technology is not an independent force, much less a thing, but merely one of the types of activities in which people engage.”[65] The rigid view of tech determinism can be dismissed, he said, because “it can be shown that technology is still very much under society’s control, that it is in fact an expression of our very human desires, fancies, and fears.”[66]

But what is amazing about this debate is that some of the most rigid technological determinists are the technology critics themselves! Recall how Florman began his 6-part taxonomy of common complaints from tech critics. “A primary characteristic of the antitechnologists,” Florman argued, “is the way in which they refer to ‘technology’ as a thing, or at least a force, as if it had an existence of its own” and which “has escaped from human control and is spoiling our lives.”[67]

He noted that many of the leading tech critics of the post-war era often spoke in remarkably deterministic ways. “The idea that a man of the masses has no thoughts of his own, but is something on the order of a programmed machine, owes part of its popularity with the antitechnologists to the influential writings of Herbert Marcuse,” he believed.[68] But then such thinking accelerated and gained greater favor with the popularity of critics like French philosopher Jacques Ellul, American historian Lewis Mumford, and American cultural critic Neil Postman.

Their books painted a dismal portrait of a future in which humans were subjugated to the evils of “technique” (Ellul), “technics” (Mumford), or “technopoly” (Postman).  The narrative of their works read like dystopian science fiction. Essentially, there was no escaping the iron grip that technology had on us. Postman claimed, for example, that technology was destined to destroy “the vital sources of our humanity” and lead to “a culture without a moral foundation” by undermining “certain mental processes and social relations that make human life worth living.”

Which gets us to commonly heard concerns about how technology leads to “anxiety” and “alienation.” “Having established the view of technology as an evil force, the antitechnologists then proceed to depict the average citizen as a helpless slave, driven by this force to perform work he detests,” Florman notes.[69] “Anxiety and alienation are the watchwords of the day, as if material comforts made life worse, rather than better.”[70]

These concerns about anxiety, alienation, and “dehumanization” are omnipresent in the work of modern tech critics, and they are also tied up with traditional worries about “conspicuous consumption.” It’s all part of the “false consciousness” narrative they also peddle, which basically views humans as too ignorant to look out for their own good. In this worldview, people are sheep being led to the slaughter by conniving capitalists and tech innovators, who are just trying to sell them things they don’t really need.

Florman pointed out how preposterous this line of thinking is when he noted how critics seem to always forget that, “a basic human impulse precedes and underlies each technological development”:[71]

“Very often this impulse, or desire, is directly responsible for the new invention. But even when this is not the case, even when the invention is not a response to any particular consumer demand, the impulse is alive and at the ready, sniffing about like a mouse in a maze, seeking its fulfillment. We may regret having some of these impulses. We certainly regret giving expression to some of them. But this hardly gives us the right to blame our misfortunes on a devil external to ourselves.”[72]

Consider the automobile, for example. Industrial era critics often focused on it and lambasted the way they thought industrialists pushed auto culture and technologies on the masses. Did we really need all those cars? All those colors? All those options? Did we really even need cars? The critics wanted us to believe that all these things were just imposed upon us. We were being force-fed options we really didn’t even need or want. “Choice” in this worldview is just a fiction; a front for the nefarious ends of our corporate overlords.

Florman demolished this reasoning throughout his books. “However much we deplore the growth of our automobile culture, clearly it has been created by people making choices, not by a runaway technology,” he argued.[73] Consumer demand and choice is not some fiction fabricated and forced upon us, as the antitechnologists suggest. We make decisions. “Those who would blame all of life’s problems on an amorphous technology, inevitably reject the concept of individual responsibility,” Florman retorted. “This is not humanism. It is a perversion of the humanistic impulse.”[74]

A modern tweak on the conspicuous consumption and false consciousness arguments is found in the work of leading tech critics like Evgeny Morozov, who pens attention-grabbing screeds decrying what he regards as “the folly of technological solutionism.” Morozov bluntly states that “our enemy is the romantic and revolutionary problem solver who resides within” of us, but most specifically within the engineers and technologists.[75]

But would the world really be better place it tinkerers didn’t try to scratch that itch?[76] In 2021, the Wall Street Journal profiled JoeBen Bevirt, an engineer and serial entrepreneur who has been working to bring flying cars from sci-fi to reality. Channeling Florman’s defense of the existential pleasures associated with engineering, Bevirt spoke passionately about the way innovators can help “move our species forward” through their constant tinkering to find solutions to hard problems. “That’s kind of the ethos of who we are,” he said. “We see problems, we’re engineers, we work to try to fix them.”[77]

When tech critics like Morozov decry “solutionism,” they are essentially saying that innovators like Bevirt need to just shut up and sit down. Don’t try to improve the world through tinkering; just settle for the status quo, the critics basically state. That’s the kiss of death for human progress, however, because it is only through incessant experimentation with the new and different approaches to hard problems that we can advance human well-being. “Solutionism” isn’t about just creating some shiny new toy; it’s about expanding the universe of potentially life-enriching and life-saving technologies available to humanity.

Conclusion

This review of Samuel Florman’s work may seem comprehensive, but it only scratches the surface of his wide-ranging writing. Florman was troubled that engineering lacked support or at least understanding. Perhaps that was because, he reasoned, that “[t]here is no single truth that embodies the practice of engineering, no patron saint, no motto or simple credo. There is no unique methodology that has been distilled from millenia of technological effort.”  Or, more simply, it may also be the case that the profession lacked articulate defenders. “The engineer may merely be waiting for his Shakespeare,” he suggested.[78]

Through his life’s work, however, Samuel Florman became that Shakespeare; the great bard of engineering and passionate defender of technological innovation and rational optimism more generally. In looking for a quote or two to close out my latest book, I ended with this one from Florman:

“By turning our backs on technological change, we would be expressing our satisfaction with current world levels of hunger, disease, and privation. Further, we must press ahead in the name of the human adventure. Without experimentation and change our existence would be a dull business.”[79]

Let us resolve to make sure that Florman’s greatest fear does not come to pass. Let us resolve to make sure that the great human adventure never ends. And let us resolve to counter the antitechnologists and their fundamentally anti-humanist worldview, which would most assuredly make our existence the “dull business” that Florman dreaded.

We can do better when we put our minds and hands to work innovating in an attempt to build a better future for humanity. Samuel Florman, the great prophet of progress, showed us the way forward.

 

Additional Reading from Adam Thierer:

 

Endnotes:

[1]    Matt Ridley, The Rational Optimist: How Prosperity Evolves (New York: Harper Collins, 2010).

[2]    Adam Thierer, “Defending Innovation Against Attacks from All Sides,” Discourse, November 9, 2021, https://www.discoursemagazine.com/ideas/2021/11/09/defending-innovation-against-attacks-from-all-sides.

[3]    Samuel C. Forman, The Civilized Engineer (New York: St. Martin’s Griffin, 1987), p. 26.

[4]    Samuel C. Florman, The Existential Pleasures of Engineering (New York, St. Martins Griffin, 2nd Edition, 1994), p. 53-4.

[5]    Existential Pleasures of Engineering, p. 53-4.

[6]    Samuel C. Florman, Blaming Technology: The Irrational Search for Scapegoats (New York: St. Martin’s Press, 1981), p. 186.

[7]    Existential Pleasures of Engineering, p. 76.

[8]    Existential Pleasures of Engineering, p. 77.

[9]    The Civilized Engineer, p. 38.

[10]   Thomas Sowell, The Vision of the Anointed: Self-Congratulation as a Basis for Social Policy (New York: Basic Books, 1995).

[11]   Existential Pleasures of Engineering, p. 72.

[12]   Existential Pleasures of Engineering, p. 76.

[13]   The Civilized Engineer, p. 35.

[14]   Existential Pleasures of Engineering, p. 102.

[15]   Blaming Technology, p. 162.

[16]   Existential Pleasures of Engineering, p. 55.

[17]   Blaming Technology, p. 70.

[18]   Existential Pleasures of Engineering, p. 77.

[19]   Existential Pleasures of Engineering, p. 60.

[20]   Adam Thierer, “Technopanics, Threat Inflation, and the Danger of an Information Technology Precautionary Principle,” Minnesota Journal of Law, Science & Technology 14, no. 1 (2013), p. 312–50, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2012494.

[21]   Existential Pleasures of Engineering, p. 62.

[22]   Blaming Technology, p. 9.

[23]   Hans Rosling, Factfulness: Ten Reasons We’re Wrong about the World—and Why Things Are Better Than You Think (New York: Flatiron Books, 2018).

[24]   Steven Pinker, Enlightenment Now: The Case for Reason, Science, Humanism, and Progress (New York: Viking, 2018).

[25]   Gregg Easterbrook, It’s Better than It Looks: Reasons for Optimism in an Age of Fear (New York: Public Affairs, 2018); Michael A. Cohen & Micah Zenko, Clear and Present Safety: The World Has Never Been Better and Why That Matters to Americans (New Haven, CT: Yale University Press, 2019).

[26]   Existential Pleasures of Engineering, p. 54.

[27]   Existential Pleasures of Engineering, p. 72.

[28]   Existential Pleasures of Engineering, p. 72.

[29]   Existential Pleasures of Engineering, p. 55.

[30]   Existential Pleasures of Engineering, p. 117.

[31]   David Hume, “Of the Populousness of Ancient Nations,” (1777), https://oll.libertyfund.org/titles/hume-essays-moral-political-literary-lf-ed.

[32]   The Civilized Engineer, p. 20.

[33]   Existential Pleasures of Engineering, p. 6.

[34]   The Civilized Engineer, p. 20.

[35]   Existential Pleasures of Engineering, p. 115.

[36]   The Civilized Engineer, p. 20.

[37]   Arthur Diamond, Openness to Creative Destruction: Sustaining Innovative Dynamism (Oxford: Oxford University Press, 2019).

[38]   Existential Pleasures of Engineering, p. 19.

[39]   Existential Pleasures of Engineering, p. 147.

[40]   Existential Pleasures of Engineering, p. 148.

[41]   The Civilized Engineer, p. 30.

[42]   Adam Thierer, “Muddling Through: How We Learn to Cope with Technological Change,” Medium, June 30, 2014, https://medium.com/tech-liberation/muddling-through-how-we-learn-to-cope-with-technological-change-6282d0d342a6.

[43]   Existential Pleasures of Engineering, p. 84.

[44]   The Civilized Engineer, p. 71.

[45]   The Civilized Engineer, p. 72.

[46]   The Civilized Engineer, p. 72.

[47]   Adam Thierer, “Failing Better: What We Learn by Confronting Risk and Uncertainty,” in Sherzod Abdukadirov (ed.), Nudge Theory in Action: Behavioral Design in Policy and Markets (Palgrave Macmillan, 2016): 65-94.

[48]   The Civilized Engineer, p. xi.

[49]   Existential Pleasures of Engineering, p. 85.

[50]   Adam Thierer, “Is the Public Served by the Public Interest Standard?” The Freeman, September 1, 1996,  https://fee.org/articles/is-the-public-served-by-the-public-interest-standard.

[51]   The Civilized Engineer, p. 84.

[52]   The Existential Pleasures of Engineering, p. 22.

[53]   Adam Thierer, “Are ‘Permissionless Innovation’ and ‘Responsible Innovation’ Compatible?” Technology Liberation Front, July 12, 2017, https://techliberation.com/2017/07/12/are-permissionless-innovation-and-responsible-innovation-compatible.

[54]   The Civilized Engineer, p. 79.

[55]   Blaming Technology, p. 106.

[56]   The Civilized Engineer, p. 158.

[57]   Blaming Technology, p. 41.

[58]   Blaming Technology, p. 40-1.

[59]   Adam Thierer, “Embracing a Culture of Permissionless Innovation,” Cato Online Forum, November 17, 2014, https://www.cato.org/publications/cato-online-forum/embracing-culture-permissionless-innovation; Christopher Koopman, “Creating an Environment for Permissionless Innovation,” Testimony before the US Congress Joint Economic Committee, May 22, 2018, https://www.mercatus.org/publications/creating-environment-permissionless-innovation.

[60]   The Civilized Engineer, p. 117.

[61]   Joel Mokyr, Lever of Riches: Technological Creativity and Economic Progress (New York: Oxford University Press, 1990).

[62]   Deirdre N. McCloskey, The Bourgeois Virtues: Ethics for an Age of Commerce (Chicago: The University of Chicago Press, 2006); Deirdre N. McCloskey, Bourgeois Dignity: Why Economics Can’t Explain the Modern World (Chicago: The University of Chicago Press. 2010).

[63]   Existential Pleasures of Engineering, p. 57.

[64]   Blaming Technology, p. 22.

[65]   The Existential Pleasures of Engineering, p. 58.

[66]   Blaming Technology, p. 10.

[67]   The Existential Pleasures of Engineering, p. 48, 53.

[68]   Existential Pleasures of Engineering, p. 70.

[69]   Existential Pleasures of Engineering, p. 49.

[70]   Existential Pleasures of Engineering, p. 16.

[71]   Existential Pleasures of Engineering, p. 61.

[72]   Existential Pleasures of Engineering, p. 61.

[73]   Existential Pleasures of Engineering, p. 60.

[74]   Blaming Technology, p. 104.

[75]   Evgeny Morozov, To Save Everything, Click Here: The Folly of Technological Solutionism (New York: Public Affairs, 2013).

[76]   Adam Thierer, “A Net Skeptic’s Conservative Manifesto,” Reason, April 27, 2013, https://reason.com/2013/04/27/a-net-skeptics-conservative-manifesto-2/.

[77]   Emily Bobrow, “JoeBen Bevirt Is Bringing Flying Taxis from Sci-Fi to Reality,” Wall Street Journal, July 9, 2021, https://www.wsj.com/articles/joeben-bevirt-is-bringing-flying-taxis-from-sci-fi-to-reality-11625848177.

[78]   Existential Pleasures of Engineering, p. 96.

[79]   Blaming Technology, p. 193.

]]> https://techliberation.com/2022/04/06/samuel-florman-the-continuing-battle-over-technological-progress/feed/ 4 76961 The Challenge of Retraining Workers for an Uncertain Future https://techliberation.com/2018/07/18/the-challenge-of-retraining-workers-for-an-uncertain-future/ https://techliberation.com/2018/07/18/the-challenge-of-retraining-workers-for-an-uncertain-future/#comments Wed, 18 Jul 2018 18:49:32 +0000 https://techliberation.com/?p=76318

The White House has announced a new effort to help prepare workers for the challenges they will face in the future. While it’s a well-intentioned effort, and one that I hope succeeds, I’m skeptical about it for a simple reason: It’s just really hard to plan for the workforce needs of the future and train people for jobs that we cannot possibly envision today.

Writing in the Wall Street Journal today, Ivanka Trump, senior adviser to the president, outlines the elements of new Executive Order that President Trump is issuing “to prioritize and expand workforce development so that we can create and fill American jobs with American workers.” Toward that end, the Administration plans on:

  • establishing a National Council for the American Worker, “composed of senior administration officials, who will develop a national strategy for training and retraining workers for high-demand industries.” This is meant to bring more efficiency and effectiveness to the “more than 40 workforce-training programs in more than a dozen agencies, and too many have produced meager results.”
  • “facilitat[ing] the use of data to connect American businesses, workers and educational institutions.” This is meant to help workers find “what jobs are available, where they are, what skills are required to fill them, and where the best training is available.”
  • launching a nationwide campaign “to highlight the growing vocational crisis and promote careers in the skilled trades, technology and manufacturing.”
The Administration also plans on creating a new advisory board of experts to address these issues, and the administration is also “asking companies and trade groups throughout the country to sign our new Pledge to America’s Workers—a commitment to invest in the current and future workforce.” They hope to encourage companies to take additional steps “to educate, train and reskill American students and workers.” Perhaps some of these steps make sense, and perhaps a few will even help workers deal with the challenges of our more complex, fast-evolving, global economy. But I doubt it. The reality is, most worker retraining plans are little better than a dice-roll on the professions and job needs of the future. As I noted in my last book as well as in a paper with Andrea O’Sullivan and Raymond Russell, concerns about automation, AI, and robots taking all our jobs have put worker retraining concerns back in the spotlight in a major way. That has led many scholars, pundits, and policymakers to suggest that more needs to be done to address the skills workers will need going forward. That impulse is completely understandable. But it doesn’t mean we can magically predict the jobs of the future or what skills workers will need to fill them. It’s not that I am opposed to efforts to  try to figure out answers to those questions, or perhaps even craft some programs to try to address them (although I agree with my colleague Matt Mitchell that many past worker training programs “seem indistinguishable from corporate welfare.”) But worker retraining or reskilling usually fails because it’s like trying to centrally plan the economy of the future. It’s a fool’s errand. In my book, I pointed out that, when you look back at past predictions regarding the job needs of the future that we now live it, those predictions were off-the-mark. The fact is, an “expert” writing in the early 1980s about the job needs of the future didn’t even have the vocabulary to describe or understand the jobs of the technological era we now live in. Here’s how I put it in my book:
It’s also worth noting how difficult it is to predict future labor market trends. In early 2015, Glassdoor, an online jobs and recruiting site, published a report on the 25 highest paying jobs in demand today. Many of the job titles identified in the report probably weren’t considered a top priority 40 years ago, and some of these job descriptions wouldn’t even have made sense to an observer from the past. For example, some those hotly demanded jobs on Glassdoor’s list include[1] software architect (#3), software development manager (#4), solutions architect (#6), analytics manager (#8), IT manager (#9), data scientist (#15), security engineer (#16), quality assurance manager (#17), computer hardware engineer (#18), database administrator (#20), UX designer (#21), and software engineer (#23). Looking back at reports from the 1970s and ’80s published by the US Bureau of Labor Statistics, the federal agency that monitors labor market trends, one finds no mention of these computing and information technology–related professions because they had not yet been created or even envisioned.[2] So, what will the most important and well-paying jobs be 30 to 40 years from now? If history is any guide, we probably can’t even imagine many of them right now. Of course, as with previous periods of turbulent technological change, many of today’s jobs and business models will be rendered obsolete, and workers and businesses will need to adjust to new marketplace realities. That transition takes time, but as James Bessen points out in his book Learning by Doing, for technological revolutions to take hold and have a meaningful impact on economic growth and worker conditions, large numbers of ordinary workers must acquire new knowledge and skills. But “that is a slow and difficult process, and history suggests that it often requires social changes supported by accommodating institutions and culture.”[3] Luckily, however, history also suggests that, time and time again, society has adjusted to technological change and the standard of living for workers and average citizens alike improve at the same time.

Bessen’s point is really important, and too often forgotten in discussions about reskilling for the future. When I think about the sort of skills that I picked up the early 1980 as a teenager using a clunky old Commodore 128 computer, or that my own teenage kids pick up today just by tinkering with their gadgets (computers, smartphones, gaming consoles, etc), I think about how those skills were not centrally planned for by anyone. It was mostly just learning by doing. A lot of the coding skills people use today they learned by trial and error and without taking any course to do so.

In his book, Bessen uses the example of bank tellers to illustrate how convention wisdom about future trends is often wildly off the mark. With the rise of ATMs a few decades ago, many thought the days of bank tellers were numbered. But Bessen’s research shows that we have more bank tellers today than we did 40 years ago because once the ATMs could handle the menial tasks of counting and distributing money, the tellers were freed up to do other things.

I’m not saying we can just leave the future of workers to chance and hope everyone can learn on the fly like that. Some government programs will be needed, and many could even help. But let’s not kid ourselves into thinking that we somehow have a crystal ball that we can stare into and, like a technological Nostradamus, somehow divine the jobs and skills of a radically uncertain future.

Our better hope lies in creating an innovation culture that is open to new types of ideas, jobs, and entrepreneurialism. We might better serve the workers of the future by ensuring that they are not encumbered by mountains of accumulated red tape in the form of archaic rules, licenses, permitting schemes, and other obstacles to progress. My colleague Michael Farren also testified last year and offered some concrete near-term reform proposals to help bridge the skills gap by “revis[ing] the federal tax code to allow tax deductions for all forms of productivity-enhancing investments, including investment in training workers to perform new jobs,” and also addressing government aid programs “that might be lowering the supply of workers, thereby contributing to the lack of skilled workers available.”

[1]     Glassdoor, “25 Highest Paying Jobs In Demand,” Glassdoor Blog, February 17, 2015, http://www.glassdoor.com/blog/highest-paying-jobs-demand. [2]     John Tschetter, “An Evaluation of BLS’ Projections of 1980 Industry Employment,” Monthly Labor Review, August 1984, http://www.bls.gov/opub/mlr/1984/08/art3full.pdf. [3]     Bessen, Learning by Doing: The Real Connection between Innovation, Wages, and Wealth (New Haven, CT: Yale University Press, 2015), p. 223.
]]> https://techliberation.com/2018/07/18/the-challenge-of-retraining-workers-for-an-uncertain-future/feed/ 2 76318 National Academies Report Rips FAA’s Risk-Averse Regulatory Culture  https://techliberation.com/2018/06/12/national-academies-report-rips-faas-risk-averse-regulatory-culture/ https://techliberation.com/2018/06/12/national-academies-report-rips-faas-risk-averse-regulatory-culture/#comments Wed, 13 Jun 2018 00:39:42 +0000 https://techliberation.com/?p=76280

The National Academies of Sciences, Engineering, and Medicine has released an amazing new report focused on, “Assessing the Risks of Integrating Unmanned Aircraft Systems (UAS) into the National Airspace System.” In what the Wall Street Journal rightly refers to as an “unusually strongly worded report,” the group of experts assembled by the National Academies call for a sea change in regulatory attitudes and policies toward regulation of Unmanned Aircraft Systems (or “drones”) and the nation’s airspace more generally.

The report uses the term “conservative” or “overly conservative” more than a dozen times to describe the Federal Aviation Administration’s (FAA) problematic current approach toward drones. They point out that the agency has “a culture with a near-zero tolerance for risk,” and that the agency needs to adjust that culture to take into account “the various ways in which this new technology may reduce risk and save lives.” (Ch. S, p.2) The report continues on to say that:

The committee concluded that “fear of making a mistake” drives a risk culture at the FAA that is too often overly conservative, particularly with regard to UAS technologies, which do not pose a direct threat to human life in the same way as technologies used in manned aircraft. An overly conservative attitude can take many forms. For example, FAA risk avoidance behavior is often rewarded, even when it is excessively risk averse, and rewarded behavior is repeated behavior. Balanced risk decisions can be discounted, and FAA staff may conclude that allowing new risk could endanger their careers even when that risk is so minimal that it does not exceed established safety standards.  The committee concluded that a better measure for the FAA to apply is to ask the question, “Can we make UAS as safe as other background risks that people experience daily?” As the committee notes, we do not ground airplanes because birds fly in the airspace, although we know birds can and do bring down aircraft. [. . . ] In many cases, the focus has been on “What might go wrong?” instead of a holistic risk picture: “What is the net risk/benefit?” Closely related to this is what the committee considers to be paralysis wherein ever more data are often requested to address every element of uncertainty in a new technology. Flight experience cannot be gained to generate these data due to overconservatism that limits approvals of these flights. Ultimately, the status quo is seen as safe. There is too little recognition that new technologies brought into the airspace by UAS could improve the safety of manned aircraft operations, or may mitigate, if not eliminate, some nonaviation risks. (p. S-2)

Importantly, the report makes it clear that the problem here is not just that “an overly conservative risk culture that overestimates the severity and the likelihood of UAS risk can be a significant barrier to introduction and development of these technologies,” but, more profoundly, the report highlights how,  “Avoiding risk entirely by setting the safety target too high creates imbalanced risk decisions and can degrade overall safety and quality of life.” (p. 3-6,7) In other words, we should want a more open and common sense-oriented approach to drones, not only to encourage more life-enriching innovation, but also because it could actually make us safer as a result.

No Reward without Some Risk

What the National Academies report is really saying here is that  there can be no reward without some risk.  This is something I have spent a great deal of time writing about in my last book, a recent book chapter, and various other essays and journal articles over the past 25 years.  As I noted in my last book, “living in constant fear of worst-case scenarios—and premising public policy on them—means that best-case scenarios will never come about.”  If we want a wealthier, healthier, and safer society, we must embrace change and risk-taking to get us there.

This is exactly what that National Academies report is getting at when they note that the FAA”s “overly conservative culture prevents safety beneficial operations from entering the airspace. The focus is on what might go wrong. More dialogue on potential benefits is needed to develop a holistic risk picture that addresses the question, What is the net risk/benefit?” (p. 3-10)

In other words, all safety regulation involves trade-offs, and if (to paraphrase a classic Hardin cartoon you’ll see to your right) we consider every potential risk except the risk of avoiding all risks, the result will be not only a decline in short-term innovation, but also a corresponding decline in safety and overall living standards over time.

Countless risk scholars have studied this process and come to the same conclusion. “We could virtually end all risk of failure by simply declaring a moratorium on innovation, change, and progress,” notes engineering historian Henry Petroski. But the costs to society of doing so would be catastrophic, of course. “The history of the human race would be dreary indeed if none of our forebears had ever been willing to accept risk in return for potential achievement,” observed H.L. Lewis, an expert on technological risk trade-offs.

The most important book ever written on this topic was Aaron Wildavsky’s 1988 masterpiece, Searching for Safety. Wildavsky warned of the dangers of “trial without error” reasoning and contrasted it with the trial-and-error method of evaluating risk and seeking wise solutions to it. Wildavsky argued that real wisdom is born of experience and that we can learn how to be wealthier and healthier as individuals and a society only by first being willing to embrace uncertainty and even occasional failure. As he put it:

The direct implication of trial without error is obvious: If you can do nothing without knowing first how it will turn out, you cannot do anything at all. An indirect implication of trial without error is that if trying new things is made more costly, there will be fewer departures from past practice; this very lack of change may itself be dangerous in forgoing chances to reduce existing hazards. . . . Existing hazards will continue to cause harm if we fail to reduce them by taking advantage of the opportunity to benefit from repeated trials.

When this logic takes the form of public policy prescriptions, it is referred to as the “precautionary principle,” which generally holds that, because new ideas or technologies could pose some theoretical danger or risk in the future, public policies should control or limit the development of such innovations until their creators can prove that they won’t cause any harms.

Again, if we adopt that attitude, human safety actually suffers because it holds back beneficial experiments aimed at improving the human condition. As the great economic historian Joel Mokyr argues, “technological progress requires above all tolerance toward the unfamiliar and the eccentric.” But the regulatory status quo all too often rejects “the unfamiliar and the eccentric” out of an abundance of caution. While usually well-intentioned, that sort of status quo thinking holds back new and better was of doing old things better, or doing all new things. The end result is that real health and safety advances are ignored or forgone.

How Status Quo Thinking at the FAA Results in Less Safety

This is equally true for air safety and FAA regulation of drones. “Ultimately, the status quo is seen as safe,” the National Acadamies report notes. “There is too little recognition that new technologies brought into the airspace by UAS could improve the safety of manned aircraft operations, or may mitigate, if not eliminate, some nonaviation risks.” The example of the life-saving potential of drones have already been well-documented.

Drones have already been used to monitor fires, help with search-and-rescue missions for missing people or animals, assist life guards by dropping life vests to drowning people, deliver medicines to remote areas, and help with disaster monitoring and recovery efforts. But that really just scratches the surface in terms of their potential.

Some people scoff at the idea of drones being used to deliver small packages to our offices or homes. But consider how many of those packages are delivered by human-operated vehicles that are far more likely to be involved in dangerous traffic accidents on our over-crowded roadways. If drones were used to make some of those deliveries, we might be able to save a lot of lives. Or how about an elderly person stuck at home during storm, only to realize they are out of some essential good or medicine that is a long drive away. Are we better off having them (or someone else) get behind the wheel to drive and get it, or might a drone be able to deliver it more safely?

The authors of the National Academies report understand this, as they made clear when they concluded that, “operation of UAS has many advantages and may improve the quality of life for people around the world. Avoiding risk entirely by setting the safety target too high creates imbalanced risk decisions and can degrade overall safety and quality of life.” (Ch. 3, p. 5-6)

Reform Ideas: Use the “Innovator’s Presumption” & “Sunsetting Imperative”

Given that reality, the National Academies report makes several sensible reform recommendations aimed at countering the FAA’s hyper-conservatism and bias for the broken regulatory status quo. I won’t go through them all, but I think they are an excellent set of reforms that deserve to be taken seriously.

I do, however, want to highly recommend everyone take a close look at this one outstanding recommendation in Chapter 3, which is aimed at keep things moving and making sure that status quo thinking doesn’t freeze beneficial new forms of airspace innovation. Specifically, the National Academies report recommends that:

The FAA should meet requests for certifications or operations approvals with an initial response of “How can we approve this?” Where the FAA employs internal boards of executives throughout the agency to provide input on decisions, final responsibility and authority and accountability for the decision should rest with the executive overseeing such boards. A time limit should be placed on responses from each member of the board, and any “No” vote should be accompanied with a clearly articulated rationale and suggestion for how that “No” vote could be made a “Yes.” (Ch. 3, p. 8)

I absolutely love this reform idea because it essentially combines elements of two general innovation policy reform ideas that I discussed in my recent essay, “Converting Permissionless Innovation into Public Policy: 3 Reforms.” In that piece, I proposed the idea of instituting an “Innovator’s Presumption” that would read: “Any person or party (including a regulatory authority) who opposes a new technology or service shall have the burden to demonstrate that such proposal is inconsistent with the public interest.” I also proposed a so-called “Sunsetting Imperative” that would read: “Any existing or newly imposed technology regulation should include a provision sunsetting the law or regulation within two years.”

The National Academies report recommendation above basically embodies the spirit of both the Innovator’s Presumption and the Sunsetting Imperative. It puts the burden of proof on opponents of change and then creates a sort of shot clock to keep things moving.

These are the kind of reforms we need to make sure status quo thinking at regulatory agencies doesn’t hold back life-enriching and life-saving innovations. It’s time for a change in the ways business is done at the FAA to make sure that regulations are timely, effective, and in line with common sense. Sadly, as the new National Academies report makes clear, today’s illogical policies governing airspace innovation are having counter-productive results that hurt society.

]]> https://techliberation.com/2018/06/12/national-academies-report-rips-faas-risk-averse-regulatory-culture/feed/ 1 76280 Europe’s Choice on Innovation https://techliberation.com/2014/12/03/europes-choice-on-innovation/ https://techliberation.com/2014/12/03/europes-choice-on-innovation/#comments Wed, 03 Dec 2014 18:26:18 +0000 http://techliberation.com/?p=75006

Writing last week in The Wall Street Journal, Matt Moffett noted how many European countries continue to struggle with chronic unemployment and general economic malaise.  (“New Entrepreneurs Find Pain in Spain“) It’s a dismal but highly instructive tale about how much policy incentives matter when it comes to innovation and job creation–especially the sort of entrepreneurial activity from small start-ups that is so essential for economic growth. Here’s the key takeaway:

Scarce capital, dense bureaucracy, a culture deeply averse to risk and a cratered consumer market all suppress startups in Europe. The Global Entrepreneurship Monitor, a survey of startup activity, found the percentage of the adult population involved in early stage entrepreneurial activity last year was just 5% in Germany, 4.6% in France and 3.4% in Italy. That compares with 12.7% in the U.S. Even once they are established, European businesses are, on average, smaller and slower growing than those in the U.S.  The problems of entrepreneurs are one reason Europe’s economy continues to struggle after six years of crisis. The European Union this month cut its growth forecasts for the region for this year and next, citing weaker than expected performance in the eurozone’s biggest economies, Germany, France and Italy. This week, the Organization for Economic Cooperation and Development delivered its own pessimistic appraisal, with chief economist Catherine Mann saying, “The eurozone is the locus of the weakness in the global economy.” […] Europe’s unemployment crisis may be eroding a deeply ingrained fear of failure that is a bigger impediment to entrepreneurship on the Continent than in other regions, according to academic surveys. “Fear of failure is less of an issue because the whole country is a failure, and most of us are out of business or have a hard time paying our bills,” said Nick Drandakis of Athens, who in 2011 founded Taxibeat, an app that provides passenger ratings on taxi drivers.

I found Moffett’s article interesting because I write a lot about entrepreneurialism, innovation, long-term economic growth, and the public policies that facilitate all these things. This has also been the subject of an excellent Cato Institute online forum about “Reviving Economic Growth,” which asked leading economists and policy experts to answer the following question: “If you could wave a magic wand and make one or two policy or institutional changes to brighten the U.S. economy’s long-term growth prospects, what would you change and why?”

Many of the entries in that forum dealt with the importance of removing barriers to new start-ups so that entrepreneurs can help spark new innovations and spur economic growth. My entry, which was entitled, “Embracing a Culture of Permissionless Innovation,” kicked off with a quote from the great Joel Mokyr: “Why does economic growth… occur in some societies and not in others?” I noted that “debate has raged among generations of economists, historians, and business theorists about that question and the specific forces and policies that prompt long-term growth.” Generally speaking, however, there actually exists a great deal of consensus about the importance of small business entrepreneurship and the need for openness to change if an economy is going to grow. (See the studies from Ian Hathaway and Robert E. Litan that I cite in my essay among many others.)

Which brings us back to the situation in Europe. It seems clear that strong cultural and legal impediments to change exist in many European countries and that they discourage risk-taking and prevent the formation of new ventures. Many of us here in the United States worry about similar impediments and their impact on entrepreneurialism, but as those statistics in Moffett’s article make clear, the situation in Europe is far more grim. While some European policymakers seem willing to acknowledge that the deck has been stacked against innovators across the continent, few seem willing to embrace a comprehensive liberalization agenda to begin clearing away the legal and regulatory impediments that are negatively affecting startups and creating economic stagnation there. The primary reason for that goes back to the values and attitudes problem that Moffett highlighted in his article: When a country or continent’s culture is so deeply averse to risk and the possibility of disruptions or failures, then the exact sort of risk-taking that is so essential to economic growth will become increasingly difficult.

This was the focus of my Cato essay and it is what I meant by embracing a culture of permissionless innovation. As I noted in my essay, “many scholars and policymakers [often] speak of innovation policy as if it is simply a Goldilocks-like formula that entails tweaking various policy dials to get innovation just right,” which leads them to propose an endless litany of programs and policies to jump-start innovation and economic growth. But this puts the cart before the horse. Getting values right first is what really matters. Here is how I put it in my essay:

For innovation and growth to blossom, entrepreneurs need a clear green light from policymakers that signals a general acceptance of risk-taking—especially risk-taking that challenges existing business models and traditional ways of doing things. We can think of this disposition as permissionless innovation and if there was one thing every policymaker could do to help advance long-term growth, it is to first commit themselves to advancing this ethic and making it the lodestar for all their future policy pronouncements and decisions.

While there are limits to how much policymakers can influence these attitudes and values, any serious effort to foster the positive factors that give rise to expanded entrepreneurial opportunities must begin with an appreciation of how growth-oriented innovation policy begins with the proper policy disposition toward risk-taking and the possibility of significant economic and cultural disruption. As I put it in my recent book on the importance  Permissionless Innovation as a vision for innovation and growth, “living in constant fear of worst-case scenarios—and premising public policy upon them—means that best-case scenarios will never come about. When public policy is shaped by precautionary principle reasoning, it poses a serious threat to technological progress, economic entrepreneurialism, social adaptation, and long-run prosperity.”

But let’s be clear about what the “permissionless innovation” vision is all about, because it is not the same as anarchy. As I noted in the Cato essay:

Permissionless innovation is not an absolutist position that rejects any role for government. Rather, it is an aspirational goal that stresses the benefit of “innovation allowed” as the default position to begin policy debates. It switches the burden of proof to those who favor preemptive regulation and asks them to explain why ongoing trial-and-error experimentation with new technologies or business models should be disallowed.

Again, it’s about getting attitudes and incentives right. Specifically, it’s about being willing to embrace risk-taking and even failure, because that is the only way you get growth. As the old adage goes, “Nothing ventured, nothing gained.”  And our recent experience with the Internet and the Information Revolution offers the perfect case study of why getting values right and embracing a culture of permissionless innovation matters so much. As I noted in my Cato essay,

permissionless innovation powered the explosive growth of the Internet and America’s information technology sectors (computing, software, Internet services, etc.) over the past two decades. Those sectors have ushered in a generation of innovations and innovators that are now the envy of the world. This happened because the default position for the digital economy was permissionless innovation. No one had to ask anyone for the right to develop these new technologies and platforms.

The U.S. got policy right by getting our values right first. Thanks to a series of very smart pronouncements and decisions in the early and mid-1990s (all detailed in my essay and this Medium essay), digital age entrepreneurs were given a clear green light to take risks without fear of a political backlash.

Unfortunately for European innovators, a different message was sent from the start, with layers of “data directives” and other red tape encumbering new ventures. As a result, it’s hard today to name many innovators in this arena which originated in Europe. Instead, Europe’s household Internet names are mostly American companies. Europe is hoping to reverse that with the rise of the Internet of Things, since many European companies appear poised to become global leaders on that front. For that happen, however, the continent’s attitudes toward risk-taking will have to evolve to accommodate these highly disruptive technologies.

In particular, the Internet of Things will raise a variety of privacy and security-related concern (see my new 93-page paper on this), as well as economic-related fears associated with automation and job disruption. These are serious issues that deserve serious consideration and constructive solutions. But if Europe decides to put the Internet of Things revolution on hold in an attempt to preemptively plan for every theoretical downside, then they will miss the boat again and potentially lose many of the amazing benefits that will accompany these new innovations. Again, if you live in fear of the future, then an innovative future won’t happen. And looking backwards and holding onto the past is no way to grow an economy or achieve long-term prosperity.

]]> https://techliberation.com/2014/12/03/europes-choice-on-innovation/feed/ 3 75006 Defining “Technology” https://techliberation.com/2014/04/29/defining-technology/ https://techliberation.com/2014/04/29/defining-technology/#comments Tue, 29 Apr 2014 13:53:07 +0000 http://techliberation.com/?p=74464

[Last updated July 2021.]

I spend a lot of time reading books and essays about technology; more specifically, books and essays about technology history and criticism. Yet, I am often struck by how few of the authors of these works even bother defining what they mean by “technology.” I find that frustrating because, if you are going to make an attempt to either study or critique a particular technology or technological practice or development, then you probably should take the time to tell us how broadly or narrowly you are defining the term “technology” or “technological process.”

Photo: David HartsteinOf course, it’s not easy. “In fact, technology is a word we use all of the time, and ordinarily it seems to work well enough as a shorthand, catch-all sort of word,” notes the always-insightful Michael Sacasas in his essay “Traditions of Technological Criticism.” “That same sometimes useful quality, however, makes it inadequate and counter-productive in situations that call for more precise terminology,” he says.

Quite right, and for a more detailed and critical discussion of how earlier scholars, historians, and intellectuals have defined or thought about the term “technology,” you’ll want to check out Michael’s other recent essay, “What Are We Talking About When We Talk About Technology?” which preceded the one cited above. We don’t always agree on things — in fact, I am quite certain that most of my comparatively amateurish work must make his blood boil at times! — but you won’t find a more thoughtful technology scholar alive today than Michael Sacasas. If you’re serious about studying technology history and criticism, you should follow his blog and check out his book, The Tourist and The Pilgrim: Essays on Life and Technology in the Digital Age, which is a collection of some of his finest essays.

Anyway, for what it’s worth, I figured I would create this post to list some of the more interesting definitions of “technology” that I have uncovered in my own research. I suspect I will add to it in coming months and years, so please feel free to suggest other additions since I would like this to be a useful resource to others.

I figure the easiest thing to do is to just list the definitions by author. There’s no particular order here, although that might change in the future since I could arrange this chronologically and push the inquiry all the way back to how the Greeks thought about the term (the root term “techne,” that is). But for now this collection is a bit random and incorporates mostly modern conceptions of “technology” since the term didn’t really gain traction until relatively recent times.

Also, I’ve not bothered critiquing any particular definition or conception of the term, although that may change in the future, too. (I did, however, go after a few modern tech critics briefly in my recent booklet, “Permissionless Innovation: The Continuing Case for Comprehensive Technological Freedom.” So, you might want to check that out for more on how I feel, as well as my old essays, “What Does It Mean to ‘Have a Conversation’ about a New Technology?” and, “On the Line between Technology Ethics vs. Technology Policy.”)

So, I’ll begin with two straight-forward definitions from the Merriam-Webster and Oxford dictionaries and then bring in the definitions from various historians and critics.

Merriam-Webster Dictionary

Technology (noun):

1)     (a): the practical application of knowledge especially in a particular area; (b): a capability given by the practical application of knowledge

2)      a manner of accomplishing a task especially using technical processes, methods, or knowledge.

3)      the specialized aspects of a particular field of endeavor.

Oxford Dictionary

Technology (noun):

1)      The application of scientific knowledge for practical purposes, especially in industry.

2)      Machinery and devices developed from scientific knowledge.

3)      The branch of knowledge dealing with engineering or applied sciences.

Emmanuel Mesthene

My personal favorite definition of the term comes from Emmanuel G. Mesthene’s terrific little 1970 book, Technological Change: Its Impact on Man and Society:

“we define technology as the organization of knowledge for the achievement of practical purposes.”

John Kenneth Galbraith

A very similar definition to Mesthene’s was employed by Galbraith in his 1967 book  The New Industrial State:

“Technology means the systematic application of scientific or other organized  knowledge to practical tasks.”

Thomas P. Hughes

I have always loved the opening passage from Thomas Hughes’s 2004 book, Human-Built World: How to Think about Technology and Culture:

“Technology is messy and complex. It is difficult to define and to understand. In its variety, it is full of contradictions, laden with human folly, saved by occasional benign deeds, and rich with unintended consequences.” (p. 1) “Defining technology in its complexity,” he continued, “is as difficult as grasping the essence of politics.” (p. 2)

So true! Nonetheless, Hughes went on to offer his own definition of technology as:

“a creativity process involving human ingenuity.” (p. 3)

Interestingly, in another book, American Genesis: A Century of Invention and Technological Enthusiasm, 1870-1970, he offered a somewhat different definition:

“Technology is the effort to organize the world for problem solving so that goods and services can be invented, developed, produced, and used.” (p. 6, 2004 ed., emphasis in original.)

W. Brian Arthur

In his 2009 book, The Nature of Technology: What It Is and How It Evolves, W. Brian Arthur sketched out three conceptions of technology.

1)      “The first and most basic one is a technology is a means to fulfill a human purpose. … As a means, a technology may be a method or process or device… Or it may be complicated… Or it may be material… Or it may be nonmaterial. Whichever it is, it is always a means to carry out a human purpose.” 2)      “The second definition is a plural one: technology as an assemblage of practices and components.” 3)      “I will also allow a third meaning. This technology as the entire collection of devices and engineering practices available to a culture.” (p. 28, emphasis in original.) 

Alfred P. Sloan Foundation / Richard Rhodes

In his 1999 book, Visions of Technology: A Century Of Vital Debate About Machines Systems And The Human World, Pulitizer Prize-winning historian Richard Rhodes assembled a wonderful collection of essays about technology that spanned the entire 20th century. It’s a terrific volume to have on your bookshelf if want a quick overview of how over a hundred leading scholars, critics, historians, scientists, and authors thought about technology and technological advances.

The collection kicked off with a brief preface from the Alfred P. Sloan Foundation (no specific Foundation author was listed) that included one of the most succinct definitions of the term you’ll ever read:

“Technology is the application of science, engineering and industrial organization to create a human-build world.” (p. 19)

Just a few pages later, however, Rhodes notes that is probably too simplistic:

“Ask a friend today to define technology and you might hear words like ‘machines,’ ‘engineering,’ ‘science.’ Most of us aren’t even sure where science leaves off and technology begins. Neither are the experts.”

Again, so true!

Joel Mokyr

Lever of Riches: Technological Creativity and Economic Progress(1990) by Joel Mokyr is one of the most readable and enjoyable histories of technology you’ll ever come across. I highly recommend it. [My thanks to my friend William Rinehart for bringing the book to my attention.]  In Lever of Riches, Mokyr defines “technological progress” as follows:

“By technological progress I mean any change in the application of information to the production process in such a way as to increase efficiency, resulting either in the production of a given output with fewer resources (i.e., lower costs), or the production of better or new products.” (p. 6)

Edwin Mansfield

You’ll find definitions of both “technology” and “technological change” in Edwin Mansfield’s Technological Change: An Introduction to a Vital Area of Modern Economics (1968, 1971):

“Technology is society’s pool of knowledge regarding the industrial arts. It consists of knowledge used by industry regarding the principles of physical and social phenomena… knowledge regarding the application of these principles to production… and knowledge regarding the day-to-day operations of production…” “Technological change is the advance of technology, such advance often taking the form of new methods of producing existing products, new designs which enable the production of products with important new characteristics, and new techniques of organization, marketing, and management.” (p. 9-10)

Read Bain

In his December 1937 essay in Vol. 2, Issue No. 6 of the American Sociological Review, “Technology and State Government,” Read Bain said:

 “technology includes all tools, machines, utensils, weapons, instruments, housing, clothing, communicating and transporting devices and the skills by which we produce and use them.” (p. 860)

[My thanks to Jasmine McNealy for bringing this one to my attention.]

David M. Kaplan

Found this one thanks to Sacasas. It’s from David M. Kaplan, Ricoeur’s Critical Theory (2003), which I have not yet had the chance to read:

“Technologies are best seen as systems that combine technique and activities with implements and artifacts, within a social context of organization in which the technologies are developed, employed, and administered. They alter patterns of human activity and institutions by making worlds that shape our culture and our environment. If technology consists of not only tools, implements, and artifacts, but also whole networks of social relations that structure, limit, and enable social life, then we can say that a circle exists between humanity and technology, each shaping and affecting the other. Technologies are fashioned to reflect and extend human interests, activities, and social arrangements, which are, in turn, conditioned, structured, and transformed by technological systems.”

I liked Michael’s comment on this beefy definition: “This definitional bloat is a symptom of the technological complexity of modern societies. It is also a consequence of our growing awareness of the significance of what we make.”

Jacques Ellul

Jacques Ellul, a French theologian and sociologist, penned a massive, 440-plus page work of technological criticism in 1954, La Technique ou L’enjeu du Siècle (1954), which was later translated in English as, The Technological Society (New York: Vintage Books, 1964). In setting forth his critique of modern technological society, he used the term “technique” repeatedly and contrasted with “technology.” He defined technique as follows:

“The term technique, as I use it, does not mean machines, technology, or this or that procedure for attaining an end. In our technological society, technique is the totality of methods rationally arrived at and having absolute efficiency (for a given state of development) in every field of human activity. […] Technique is not an isolated fact in society (as the term technology would lead us to believe) but is related to every factor in the life of modern man; it affects social facts as well as all others. Thus technique itself is a sociological phenomenon…” (p. xxvi, emphasis in original.)

Bernard Stiegler

In  La technique et le temps, 1: La faute d’Épiméthée, or translated, Technics and Time, 1: The Fault of Epimetheus (1998), French philosopher Bernard Stiegler defines technology as:

“the pursuit of life by means other than life”

[I found that one here.]

Peter Thiel

In Zero to One: Notes on How to Build the Future (2014), Internet entrepreneur and venture capitalist Peter Thiel says,

“Properly understood, any new and better way of doing things is technology.”

Marc Andressen

Marc Andreessen is interviewed in June 2020 by Sriram Krishan in his newsletter, The Observer Effect, and asked what motivates him to support technological innovation. He closes by defining technology as follows:

“Technology is quite literally the lever for being able to take natural resources and able to make something better out of them.”

Frederick Ferré

Frederick Ferré’s Philosophy Of Technology (1988) is a wonderful introduction to the study of this subject and has become a widely assigned textbook used in many college courses. In Chapter 2, “Defining Technology,” Ferré provided a remarkably concise definition of “technologies” as:

“practical implementations of intelligence” (with the caveat that “‘Practical’ requires that they not be wholly ends in themselves; ‘implementations’ entails that a technology be somehow concretely embodied, normally in implements or artifacts, sometimes simply in social organization…”)

Importantly, Ferré arrived at this definition by carefully detailing what should and should not be considered “technological.” In an attempt to avoid excessive breadth when defining the term, Ferré made four important stipulations:

  1. Technology is implemented, not ’empty-handed’: “[I]t would be wise to resist a definition of technology that includes empty hands as technological implements. The totally naked human body, interacting face-to-face with the environment, unmediated by any artifact, contrivance, invention, or tool, would seem to stand as a paradigm case of the non-technological.”
  2. Technology is practical, not ‘for its own sake’: Where “the notion of the ‘practical’. . . [means] supporting such ends as survival, health, comfort, and material well-being.”
  3. Technology is embodied, non ‘in the head’ alone: “[I]t would be wise to guard against the absorption of all methods and techniques, including wholly mental ones, into the concept of technology.” He uses the examples of natural language and mathematics.
  4. Technology is intelligent, not ‘blind’: “[T]he concept of technology will not usefully be extended to behavior that, among humans, is merely accidental or, among other species, is entirely instinctive. . . . Put positively, it suggests our definition will need to stipulate that technology involves (i) implements used as (ii) means to practical ends that are somehow (iii) manifested in the material world as (iv) expressions of intelligence.”

John Fernald

Compared to philosophers, historians, and social critics, economists tend to define technology in a somewhat more dry fashion. (No surprise there, right?!) That being said, it is surprising how few economists bother defining the term in their articles and textbooks. But here’s a concise definition of the term that I recently heard John Fernald, an economist and Senior Research Adviser at the Federal Reserve Bank of San Francisco, articulate at a policy conference. In an October 2014 presentation entitled, “Technology and the American Economy: Or, What’s the New Normal?,” Fernald defined technology as the:

“Ability to convert society’s resources (labor and capital) into output (goods and services that we value).”

Ian Barbour

In Chapter 1 of his 1993 book, Ethics in an Age of Technology, Ian Barbour discussed three  conflicting views of technology: “Technology as Liberator,” “Technology as Threat,” and “Technology as Instrument of Power.” Before discussing each, he defined technology as follows:

“Technology may be defined as the application of organized knowledge to practical tasks by ordered systems of people and machines.” (p. 3)

He continued on to note that:

“There are several advantages to such a broad definition. ‘Organized knowledge’ allows us to include technologies based on practical experience and invention as well as those based on scientific theories. The ‘practical tasks’ can include both the production of material goods (in industry and agriculture, for instance) and the provision of services (by computers, communications media, and biotechnologies, among others). Reference to ‘ordered systems of people and machines’ directs attention to social institutions as well as to the hardware of technology. The breadth of the definition also reminds us that there are major differences among technologies.” (p. 3-4)

Robert Friedel

In his 2007 book, A Culture of Improvement: Technology and the Western Millennium, University of Maryland historian Robert Friedel offers a formal definition of technology to kick off the book and then ends with a less formal one:

“By technology we typically mean the knowledge and instruments that humans use to accomplish the purposes of life.” (p. 1)

He also clarifies the definition by explaining what it does  not include, namely: “processes that completely mental or biological;” “knowledge of the world … that is purely in the realm of ideas and description;” and “nature.”  He then closes the book by noting that:

“Technology can, indeed, be defined as a pursuit of power over nature.” (p. 543).

 

Again, please feel free to suggest additions to this compendium that future students and scholars might find useful. I hope that this can become a resource to them.

Additional Reading:

 

]]> https://techliberation.com/2014/04/29/defining-technology/feed/ 3 74464 Marc Hochstein on bitcoin https://techliberation.com/2013/04/16/marc-hochstein/ https://techliberation.com/2013/04/16/marc-hochstein/#respond Tue, 16 Apr 2013 10:00:45 +0000 http://techliberation.com/?p=44516 American Banker,  a leading media outlet covering the banking and financial services community, discusses bitcoin. ]]>

Marc Hochstein, Executive Editor of American Banker,  a leading media outlet covering the banking and financial services community, discusses bitcoin.

According to Hochstein, bitcoin has made its name as a digital currency, but the truly revolutionary aspect of the technology is its dual function as a payment system competing against companies like PayPal and Western Union. While bitcoin has been in the news for its soaring exchange rate lately, Hochstein says the actual price of bitcoin is really only relevant for speculators in the short-term; in the long-term, however, the anonymous, decentralized nature of bitcoin has far-reaching implications.

Hochstein goes on to talk about  the new market in bitcoin futures and some of bitcoin’s weaknesses—including the volatility of the bitcoin market.

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]]> https://techliberation.com/2013/04/16/marc-hochstein/feed/ 0 44516 Andy Greenberg on WikiLeaks and cypherpunks https://techliberation.com/2013/04/09/andy-greenberg/ https://techliberation.com/2013/04/09/andy-greenberg/#respond Tue, 09 Apr 2013 13:09:45 +0000 http://techliberation.com/?p=44471 This Machine Kills Secrets: How Wikileakers, Cypherpunks, and Hacktivists Aim to Free the World's Information, discusses the rise of the cypherpunk movement, how it led to Wikileaks, and what the future looks like for cryptography. ]]>

Andy Greenberg, technology writer for Forbes and author of the new book “This Machine Kills Secrets: How WikiLeakers, Cypherpunks, and Hacktivists Aim to Free the World’s Information,” discusses the rise of the cypherpunk movement, how it led to WikiLeaks, and what the future looks like for cryptography.

Greenberg describes cypherpunks as radical techie libertarians who dreamt about using encryption to shift the balance of power from the government to individuals. He shares the rich history of the movement, contrasting one of t the movement’s founders—hardcore libertarian Tim May—with the movement’s hero—Phil Zimmerman, an applied cryptographer and developer of PGP (the first tool that allowed regular people to encrypt), a non-libertarian who was weary of cypherpunks, despite advocating crypto as a tool for combating the power of government.

According to Greenberg, the cypherpunk movement did not fade away, but rather grew into a larger hacker movement, citing the Tor network, bitcoin, and WikiLeaks as example’s of its continuing influence. Julian Assange, founder of WikiLeaks, belonged to a listserv followed by early cypherpunks, though he was not very active at the time, he says.

Greenberg is excited for the future of information leaks, suggesting that the more decentralized process becomes, the faster cryptography will evolve.

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]]> https://techliberation.com/2013/04/09/andy-greenberg/feed/ 0 44471 Joshua Gans on the economics of information https://techliberation.com/2013/04/02/joshua-gans/ https://techliberation.com/2013/04/02/joshua-gans/#respond Tue, 02 Apr 2013 10:00:10 +0000 http://techliberation.com/?p=44408

Joshua Gans, professor of Strategic Management at the University of Toronto’s Rotman School of Management and author of the new book Information Wants to be Shared, discusses modern media economics, including how books, movies, music, and news will be supported in the future.

Gans argues that sharing enhances most information’s value. He also explains that the business models of traditional media companies, gatekeepers who have relied on scarcity and control, have collapsed in the face of new technologies. Equally important, he argues that sharing can revive moribund, threatened industries even as he examines platforms that have, almost accidentally, thrived in this new environment.

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]]> https://techliberation.com/2013/04/02/joshua-gans/feed/ 0 44408 Joseph Reagle on the gender gap in geek culture https://techliberation.com/2013/02/26/joseph-reagle/ https://techliberation.com/2013/02/26/joseph-reagle/#respond Tue, 26 Feb 2013 11:00:02 +0000 http://techliberation.com/?p=43816

Is geek culture sexist? Joseph Reagle, Assistant Professor of Communications Studies at Northeastern University and author of a new paper entitled, “Free as in Sexist? Free culture and the gender gap,” returns to Surprisingly Free to address geek feminism and the technology gender gap.

According to Reagle, only 1% of the free software community and 9% of Wikipedia editors are female, which he sees as emblematic of structural problems in the geek community. While he does not believe that being a geek or a nerd is in any way synonymous with being a sexist, he concludes that three things that he otherwise loves—geekiness, openness, and the rhetoric and ideology of freedom–are part of the problem inasmuch as they allow informal cliques to arise, dominate the discussion, and squeeze out minority views. Reagle also comments on a unintentional androcentricity he has observed even amongst free software community heroes, highlighting the ways in which this behavior can be alienating to women and prevents geek culture from growing beyond its traditional base.

Reagle prescribes a 3-step solution to sexism in geek culture: talking about gender; challenging and expanding what it means to be a geek; and not allowing the rhetoric of freedom to be used as an excuse for bad behavior.

Reagle further supports efforts to form female-only subcultures within the geek community, which opponents argue goes against the free software value of openness. Instead of the balkanization of their movement that opponents fear, these closed-group discussions actually strengthen geek culture at large, according to Reagle.

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]]> https://techliberation.com/2013/02/26/joseph-reagle/feed/ 0 43816 Ronald Cass on intellectual property https://techliberation.com/2013/02/19/ronald-cass/ https://techliberation.com/2013/02/19/ronald-cass/#respond Tue, 19 Feb 2013 21:54:04 +0000 http://techliberation.com/?p=43772

Ronald A. Cass, Dean Emeritus of Boston University School of Law, discusses his new book, Laws of Creation: Property Rights in the World of Ideas, which he co-authored with Boston University colleague Keith Hylton. Written as a primer for understanding intellectual property law and a defense of intellectual property, Laws of Creation explains the basis of IP and its justification. 

According to Cass, not all would-be reformers share a similar guiding philosophy, distinguishing between those who support property rights but nevertheless have specific critiques of the intellectual property system as it currently stands, and reformers who do not see a place for property.

Cass explains that the current intellectual property system is neither wholly good nor wholly bad, but is a matter of weighing tradeoffs. On the whole, he argues, intellectual property benefits society. Cass also argues that intellectual property law in the U.S. is still more functional than that in other countries, such as Italy, and that, while it would benefit from some reform, it is fundamentally a workable system.

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]]> https://techliberation.com/2013/02/19/ronald-cass/feed/ 0 43772 Important Cyberlaw & Info-Tech Policy Books (2012 Edition) https://techliberation.com/2012/12/17/important-cyberlaw-info-tech-policy-books-2012-edition/ https://techliberation.com/2012/12/17/important-cyberlaw-info-tech-policy-books-2012-edition/#comments Mon, 17 Dec 2012 19:23:44 +0000 http://techliberation.com/?p=39701

The number of major cyberlaw and information tech policy books being published annually continues to grow at an astonishing pace, so much so that I have lost the ability to read and review all of them. In past years, I put together end-of-year lists of important info-tech policy books (here are the lists for 2008, 2009, 2010, and 2011) and I was fairly confident I had read just about everything of importance that was out there (at least that was available in the U.S.). But last year that became a real struggle for me and this year it became an impossibility. A decade ago, there was merely a trickle of Internet policy books coming out each year. Then the trickle turned into a steady stream. Now it has turned into a flood. Thus, I’ve had to become far more selective about what is on my reading list. (This is also because the volume of journal articles about info-tech policy matters has increased exponentially at the same time.)

So, here’s what I’m going to do. I’m going to discuss what I regard to be the five most important titles of 2012, briefly summarize a half dozen others that I’ve read, and then I’m just going to list the rest of the books out there. I’ve read most of them but I have placed an asterisk next to the ones I haven’t.  Please let me know what titles I have missed so that I can add them to the list. (Incidentally, here’s my compendium of all the major tech policy books from the 2000s and here’s the running list of all my book reviews.)

As I do each year, I need to repeat a few disclaimers.  First, what qualifies as an “important” info-tech policy book is highly subjective, but I would define it as a title that many people — especially scholars in the field — are currently discussing and that we will likely be referencing for many years to come.  But I “weight” books in the sense that narrowly-focused titles lose a few points. For example, books that deal mostly with privacy issues, copyright law, or antitrust policy are docked a few points relative to “big picture” info-tech policy books that offer a broader exploration of policy issues and which offer more wide-ranging recommendations.

Second, almost all of the books included have something profound to say about Internet policy (either directly or indirectly) and the more profound and clear the policy recommendations or implications, the higher the titles rank in terms of importance on my list.

Third, and most importantly: Just because a book appears on this list that does not necessarily mean I agree with everything in it.  In fact, as was the case in previous years, I found much with which to disagree in most of the books listed here. Simply put, the cyber-liberty I cherish is a real loser in both academic and public policy circles these days. It has very few defenders today. So, if this was simply a list of my personal favorite books, there would only be 2 or 3 titles on it. Instead, this is my effort to list important books in the field, regardless of whether I agree with the content and conclusions found in those titles.

OK, on to the list.

(1) Rebecca MacKinnon – Consent of the Network: The Worldwide Struggle for Internet Freedom

Rebecca MacKinnon’s book was the most important information technology policy book released in 2012 because it: (1) presented a splendid history of the ideas and forces shaping Internet policy debates globally; (2) offered policy insights that were extremely relevant to breaking developments in this field; and (3) set forth a call-to-arms to global Internet activists and gave them a new way of framing their issue advocacy.

MacKinnon is a former journalist and her outstanding reporting skills are on display throughout the text. Her coverage of China’s efforts to regulate the Net is outstanding. She also surveys some of the recent policy fights here and abroad over issues such as online privacy, Net neutrality regulation, free speech matters, and the copyright wars. The book demands attention for this historical work and analysis alone.

Even more importantly, however, MacKinnon makes a forceful argument for how to think about Internet freedom and democracy in new digital worlds. Her book is an attempt to take the Net freedom movement to the next level; to formalize it and to put in place a set of governance principles that will help us hold the “sovereigns of cyberspace” more accountable. Many of her proposals are quite sensible. But, as I noted in my much longer review of the book, I had a real problem with MacKinnon’s use of the term “digital sovereigns” or “sovereigns of cyberspace” and the loose definition of “sovereignty” that pervades her narrative. She too often blurs and equates private power and political power, and she sometimes leads us to believe that the problem of the dealing with the mythical nation-states of “Facebookistan” and “Googledom” is somehow on par with the problem of dealing with actual sovereign power — government power — over digital networks, online speech, and the world’s Netizenry.

Despite these nitpicks, MacKinnon has many other ideas about Net governance in the book that are less controversial and entirely sensible in my opinion. She wants to “expand the technical commons” by building and distributing more tools to help activists and make organizations more transparent and accountable. These would include circumvention and anonymization tools, software and programs that allow both greater data security and portability, and devices and network systems to expand the range of communication and participation, especially in more repressed countries. She would also like to see neitzens “devise more systematic and effective strategies for organizing, lobbying, and collective bargaining with the companies whose service we depend upon — to minimize the chances that terms of service, design choices, technical decisions, or market entry strategies could put people at risk or result in infringement of their rights.” This also makes sense as part of a broader push for improved corporate social responsibility.

Regarding the role of law, MacKinnon has a mixed view. She says: “There is a need for regulation and legislation based on solid data and research (as opposed to whatever gets handed to legislative staffers by lobbyists) as well as consultation with a genuinely broad cross-section of people and groups affected by the problem the legislation seeks to solve, along with those likely to be affected by the proposed solutions.” Of course, that’s a fairly ambiguous standard that could open the door to excessive political meddling with the Net if we’re not careful. Overall, though, she acknowledges how regulation so often lags far behind innovation. “A broader and more intractable problem with regulating technology companies is that legislation appears much too late in corporate innovation and business cycles,” she rightly notes.

MacKinnon’s book will be of great interest to Internet policy scholars and students, but it is also accessible to a broader audience interested in learning more about the debates and policies that will shape the future of the Internet and digital networks for many years to come. One other note: MacKinnon’s clearly-worded prose and cool-headed tone deserve praise and emulation. It serves as a model for how to write a thoughtful Internet policy book, even if you don’t agree with all her conclusions or recommendations.

My complete review of Consent of the Networked can be found here.

(2) Susan Crawford – Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age

Susan Crawford’s book was probably my least favorite title of 2012, but that doesn’t mean I can discount its significance within this field. Crawford has made herself a widely-recognized and highly-charged figure in the world of Internet policy through her work as an activist, an academic, and even a government official. In Captive Audience, she doesn’t even try to hide her self-described “radicalized” views on communications policy anymore and in the process she solidifies her role as the ringleader of the growing movement to impose centralized, top-down government control on America’s broadband infrastructure.

What is most astonishing about Captive Audience is the way Crawford so audaciously waxes nostalgic for the days of regulated monopoly. Simply put, Crawford doesn’t believe that capitalism or competition have any role to play in the provision of broadband networks and services. “No competitive pressure will force these companies to act [in the public interest],” she argues on the last page of the manifesto. “Americans,” she claims, “have allowed a naive belief in the power and beneficence of the free market to cloud their vision.” She suggests we should just give up our false hope that markets can deliver such an important service and get on with the task of converting broadband into a full-blown regulated public utility.

Her proposed solutions read like the typical Big Government grab-bag of policy proposals: more government spending, more government ownership, and more government regulation (forced access regulation and rate controls) for any private carriers that are allowed to remain in operation as de facto handmaidens of the state. Crawford’s perfect world scenario would seem to be some sort of amalgam of the U.S. Postal Service and the federal highway program. While both programs have sought to provide an important service to the masses, it goes without saying that both are also an absolute basket case in terms of service management and economic viability. But, for the sake of argument, let’s say that Crawford is right and that public ownership and comprehensive government management is the way to go. Where will all this money come from for all the new government activity Crawford desires? Apparently it grows on trees because she isn’t ever willing to admit that we find ourselves in the midst of major fiscal crisis that likely constrains the ability of governments to make these investments themselves. Luckily, private wireline and wireless broadband providers have been investing tens of billions in infrastructural upgrades in recent years (don’t take my word for it, read what the Progressive Policy Institute has to say), a fact that Crawford conveniently ignores.

More importantly, Crawford never fully confronts the fact that the era of regulated monopoly she cherishes was an unmitigated croynist disaster for consumers. That era had nothing to do with the “public interest” and everything to do with protecting the private interests of regulated entities — namely, Ma Bell on the communications side and broadcasters on the media side. She also doesn’t address the lackluster state of innovation during the 70 or so years during which time communications and media markets were under the tight grip of federal and state regulators, who controlled rates, restricted new entry, and discouraged innovation at virtually every juncture. If one is going to recommend a return to the regulatory past, they had better grapple with that uncomfortable, anti-consumer, anti-innovation history. Crawford utterly fails to in Captive Audience.

While the book is nominally about broadband regulation, the bulk of it is actually dedicated to taking on one company — Comcast — and specifically picking apart its recent merger with NBC Universal. For Crawford, the Comcast-NBC deal represented something akin to the Mayan apocalypse of media policy. She wants us to believe that the deal has forever solidified Comcast’s grasp on both programming and broadband markets. Comcast chief Brian Roberts is presented as the nefarious villain of the narrative; Crawford paints him as a cross between Gordon Gecko and Mr. Burns from “The Simpsons.” Usually such neurotic narratives are reserved for Rupert Murdoch and how he is supposedly plotting mass media domination to brainwash the minds of the masses. But Crawford suggests that Roberts is the new Bond villain du jour and chapter after chapter are devoted to demonizing him, his father, and other execs at Comcast. She argues that “Comcast now owns the Internet in America” and that the company is “squeezing independent online video” providers out of the market.

Despite all this hand-wringing, the situation in the video marketplace has never looked brighter. Crawford fails to put things in historical perspective and examine consumer choices in this market today relative to the past — a point I made in this debate with her last year. Of course, she probably didn’t want to seriously examine that evidence because by every metric available — and I published an entire report called Media Metrics a few years ago proving this — Americans have more and better viewing options at their disposal than ever before in history. We have more channels and more content available over more platforms (cable, satellite, telco, online, DVD, mail, etc) and more devices than ever before. Consumers have an unprecedented ability to access, record, time-shift, interact with, and even manipulate and redistribute video content. Of course, all this choice and quality comes at a cost, as Crawford continuously complains throughout the text. Apparently, in her view, all these great new programming options and technologies should just fall to us like manna from heaven with no price tag attached.

If you want to see what the opposite of Internet freedom and digital capitalism looks like, look no further than this book. It is the definitive articulation of the cyber-planner’s ethos. Of course, that’s also what makes Captive Audience one of the most important books of 2012. But if you really must read such one-sided propaganda — since this book will, no doubt, be assigned in many cyberlaw and media studies classes across America — then I encourage you to also read Christopher Yoo’s Dynamic Internet and Randy May’s edited collection of essays on Communications Law and Policy in the Digital Age, both of which are mentioned below. Both of those books offer a refreshingly level-headed examination of the true state of this marketplace. I’d also recommend you check out these recent essays by Bret Swanson and Richard Bennett for a hard look at the shoddy numbers and assumptions underlying many of the broadband policy critiques you hear out there today from Crawford and others.

(3) John Palfrey & Urs Gasser – Interop: The Promise and Perils of Highly Interconnected Systems

What makes Palfrey & Gasser’s book so important is that the authors aim to develop “a normative theory identifying what we want out of all this interconnectivity” that the information age has brought us. They correctly note “there is no single, agreed-upon definition of interoperability” and that “there are even many views about what interop is and how it should be achieved.” Generally speaking, they argue increased interoperability — especially among information networks and systems — is a good thing because it “provides consumers greater choice and autonomy,” “is generally good for competition and innovation,” and “can lead to systemic efficiencies.”

But they wisely acknowledge that there are trade-offs, too, noting that “this growing level of interconnectedness comes at an increasingly high price.” Whether we are talking about privacy, security, consumer choice, the state of competition, or anything else, Palfrey and Gasser argue that “the problems of too much interconnectivity present enormous challenges both for organizations and for society at large.” Their chapter and privacy and security offers many examples, but one need only look around at their own digital existence to realize the truth of this paradox. The more interconnected our information systems become, and the more intertwined our social and economic lives become with those systems, the greater the possibility of spam, viruses, data breaches, and various types of privacy or reputational problems. Interoperability giveth and it taketh away.

Ultimately, however, the authors fail to develop a clear standard for when interoperability is good and when governments should take steps to facilitate or mandate it. They argue that “there is no single form or optimal amount of interoperability that will suit every circumstance” and that “most of the specifics of how to bring interop about [must] be determined on a case-by-case basis. Yet, Palfrey and Gasser also make it clear they want government(s) to play an active role in ensuring optimal interoperability. They say they favor “blended approaches that draw upon the comparative advantages of the private and public sector,” but they argue that government should feel free to tip or nudge interoperability determinations in superior directions to satisfy “the public interest.” “If deployed with skill,” they argue, “the law can play a central role in ensuring that we get as close as possible to optimal levels of interoperability in complex systems.”

The fundamental problem this “public interest” approach to interoperability regulation is that it is no better than the “I-know-it-when-I-see-it” standard we sometimes at work in the realm of speech regulation. It’s an empty vessel, and if it is the lodestar by which policymakers make determinations about the optimal level of interoperability, then it leaves markets, innovators, and consumers subject to the arbitrary whims of what a handful of politicians or regulators think constitutes “optimal interoperability,” “appropriate standards,” and “best available technology.”

In my absurdly long review of their book, I offered an alternative framework that suggests patience, humility, and openness to ongoing marketplace experimentation as the primary public policy virtues that lawmakers should instead embrace. Ongoing marketplace experimentation with technical standards, modes of information production and dissemination, and interoperable information systems, is almost always preferable to the artificial foreclosure of this dynamic process through state action. The former allows for better learning and coping mechanisms to develop while also incentivizing the spontaneous, natural evolution of the market and market responses. The latter (regulatory foreclosure of experimentation) limits that potential.

Defining “optimal interoperability,” is not just difficult as Palfrey and Gasser suggest, but I would argue that it is a pipe dream. Sometimes consumers demanded a certain amount interoperability and they usually get it. But it seems equally obvious that consumers don’t always demand perfect interoperability. Just look at your iPhone or Xbox for proof. Quite often, a lack of interoperability helps firms finance important new products and services while simultaneously ensuring users a tailored and potentially more secure and satisfying experience. Importantly, however, non-interoperability also spurs new forms of innovation from rivals looking to leap-frog the old front-runners. Progress flows from this never-ending cycle of technological change and industrial churn.

In sum, we cannot define or determine “optimal interoperability” in an a priori fashion; only ongoing experimentation can help us determine what truly lies in “the public interest.” Despite my different approach and conclusions, Palfrey and Gasser’s book perfectly frames what should be a very interesting ongoing debate over these issues and for that reason will be required reading on this subject for years to come.

Again, my longer review of Palfrey and Gasser’s book can be found here, and listen to John Palfrey’s podcast discussion with Jerry Brito here.]

(4) Christopher Yoo – The Dynamic Internet: How Technology, Users, and Businesses are Transforming the Network

Christopher Yoo’s book was my personal favorite of the year, but it won’t capture as much interest and recognition as some of the other titles on this list. The book offers a concise overview of how Internet architecture has evolved and a principled discussion of the public policies that should govern the Net going forward. Yoo makes two straight-forward arguments. First, the Internet is changing. In Part 1 of the book, Yoo offers a layman-friendly overview of the changing dynamics of Internet architecture and engineering. He documents the evolving nature of Internet standards, traffic management and congestion policies, spam and security control efforts, and peering and pricing policies. He also discusses the rise of peer-to-peer applications, the growth of mobile broadband, the emergence of the app store economy, and what the explosion of online video consumption means for ongoing bandwidth management efforts. Those are the supply-side issues. Yoo also outlines the implications of changes in the demand-side of the equation, such as changing user demographics and rapidly evolving demands from consumers. He notes that these new demand-side realities of Internet usage are resulting in changes to network management and engineering, further reinforcing changes already underway on the supply-side.

Yoo’s second point in the book flows logically from the first: as the Internet continues to evolve in such a highly dynamic fashion, public policy must as well. Yoo is particularly worried about calls to lock in standards, protocols, and policies from what he regards as a bygone era of Internet engineering, architecture, and policy. “The dramatic shift in Internet usage suggests that its founding architectural principles form the mid-1990s may no longer be appropriate today,” he argues. “[T]he optimal network architecture is unlikely to be static. Instead, it is likely to be dynamic over time, changing with the shifts in end-user demands,” he says. Thus, “the static, one-size-fits-all approach that dominates the current debate misses the mark.”

Yoo makes a particular powerful case for flexible network pricing policies. His outstanding chapter on “The Growing Complexity of Internet Pricing” offers an excellent overview of the changing dynamics of pricing in this arena and explains why experimentation with different pricing methods and business models must be allowed to continue. Getting pricing right is essential, Yoo notes, if we hope to ensure ongoing investment in new networks and services. He also notes how foolish it is to expect the government to come in and save the day thought massive infrastructure investment to cover the hundreds of billions of dollars needed to continue to build-out high-speed services.

Throughout the second half of his book, Yoo explains why it would be a disaster for consumers and high-tech innovation if policymakers limited pricing flexibility and experimentation with new business models and technological standards. He argues that public policy should generally seek to avoid ex ante forms of preemptive, prophylactic Internet regulation and instead rely on an ex post approach when and if things go wrong. Essentially, he wants policymakers to embrace “techno-agnosticism” toward ongoing debates over standards, protocols, business models, pricing methods, and so on. Lawmakers should not be preemptively tilting the balance in one direction or the other or, worse yet, restricting experimentation that can help us find superior solutions.

And even under that model of retrospective review, Yoo makes it clear throughout the book that there should be a very high bar established before any regulation is pursued. This is particularly true because of the First Amendment values at stake when the government attempts to regulate speech platforms. In Chapter 9 of the book, Yoo walks the reader through all the relevant case law on this front and makes it clear how “the Supreme Court has repeatedly recognized that the editorial discretion exercised by intermediaries serves important free speech values.” Yoo also makes the case that a certain degree of intermediation helps serve consumer needs by helping them more easily find the content and services they desire. Law should not seek to constrain that and, under current Supreme Court First Amendment jurisprudence, it probably cannot.

To me, Yoo’s approach strikes the right balance for Net governance and public policy in the information age. It all comes down to flexibility and freedom. If the Internet and all modern digital technologies are to thrive, we must reject the central planner’s mindset that dominated the analog era and forever bury all the static thinking it entailed.

My complete review of Yoo’s Dynamic Internet is here.

(5) Brett Frischmann – Infrastructure: The Social Value of Shared Resources

Frischmann’s book offers a nice contrast with Yoo’s in that it suggests a far more ambitious role for the state in shaping the future of digital networks and online platforms. Although not strictly a book about information technology infrastructure, Frischmann spends a great deal of time making the case for a greater government action in the realm of communications policy and for open access and Net neutrality regulation in particular. (There’s also a chapter on intellectual property issues that tech policy wonks will find of interest). The book is a veritable paean to open access regulation; Frischmann aims to persuade the reader that “society is better off sharing infrastructure openly” and devotes considerable energy to hammering that point home in one context after another.

In my review of the book, which was part of 2-day symposium on the book over at the Concurring Opinions blog, I took Frischmann’s book to task for its almost complete absence of public choice insights and his general disregard for thorny “supply-side” questions.  Frischmann is so single-mindedly focused on making the “demand-side” case for better appreciating how open infrastructures “generate spillovers that benefit society as a whole” and facilitate various “downstream productive activities,” that he short-changes the supply-side considerations regarding how infrastructure gets funded and managed to begin with.

The book also ignored the omnipresent threat of regulatory capture and the fact that any major infrastructure regulatory system big enough and important to be captured by special interests and affected parties often will be. Frischmann acknowledges the problem of capture in just a single footnote in the book and admits that “there are many ways in which government failures can be substantial,” but he asks the reader to quickly dispense with any worries about government failure since he believes “the claims rest on ideological and perhaps cultural beliefs rather than proven theory or empirical fact.”  I found that assertion outrageous and argued that, to the contrary, decades of scholarship has empirically documented the reality of government failure and its costs to society, as well as the plain old-fashioned inefficiency often associated with large-scale government programs. For infrastructure projects in particular, the combination of these public choice factors usually adds up to massive inefficiencies and cost overruns.

For those reasons, I argued in my review that society would be better off adopting a “3-P” approach to infrastructure management: privatize, property-tize, and price. But Frischmann is dead set against such thinking and makes it clear that everything must be subservient to the goal of “openness” and commons-based management. Unsurprisingly, therefore, this leads him to suggest that we need “a dramatic shift — perhaps a paradigm shift — away from the conventional position favoring market provisioning and markets ‘free’ from government intervention.” But the problem with that reasoning, as I pointed out in my review, is that most of the infrastructure that Frischmann cites as failing us today is already managed in the fashion he favors! Nonetheless, he wants to pile on still more commons-based government control / ownership solutions even though they are the primary cause of our infrastructure problems today. In this sense, Frischmann’s approach parallels Susan Crawford’s in her book Captive Audience, discussed above. They both seek to gloss over the ugly realities of traditional public infrastructure (mis-)management and they imply that we just need to build a better breed of bureaucrats who will somehow be immune to all the problems of the past. Needless to say, I don’t place much faith in such efforts.

Despite these serious deficiencies, students and scholars studying infrastructure theory will benefit from Frischmann’s excellent treatment of public goods and social goods; spillovers and externalities; proprietary versus commons systems management; common carriage policies and open access regulation; congestion pricing strategies; and the debate over price discrimination for infrastructural resources. He at least does a nice job outlining these concepts and controversies, even if he ultimately fails to make the case for radically expanding government control of infrastructural resources.

Again, you can read my entire review of Frischmann’s book here.

— Other Major Releases in 2012 —

Julie E. Cohen – Configuring the Networked Self: Law, Code, and the Play of Everyday Practice

Cohen’s book represents an effort to move “beyond the bounds of traditional liberal political theory” by transcending what she labels the traditional “information-as-freedom” versus “information-as-control” paradigms. Her aim is to promote “cultural environmentalism” and “the structural conditions of human flourishing.” She argues that “a commitment to human flourishing demands a more critical stance toward the market-driven evolution of network architectures.” In other words, don’t trust markets.

I didn’t find her case very convincing and it didn’t help that the book is filled with impenetrable prose that sometimes leaves the reader’s head a bit numb. (Two representative samples: “With respect to space, surveillance employs a twofold dynamic of containerization and affective modulation in order to pursue large-scale behavioral modification.” … and… “Here the performative impulse introduces static into the circuits of the surveillant assemblage; it seeks to reclaim bodies and reappropriate spaces.” Say what? Write in plain English, professor!)

The closing chapter also includes a strange reinterpretation of Ludditism. Cohen argues: “the tale of the Luddites poses an important challenge for scholars and policy makers in the emerging networked information society. If technologies do not have natural trajectories, it is our obligation to seek pathways of development that promote the well-being of situated, embodied users and communities. When our preferred policy prescriptions persistently produce information architectures and institutions that undermine human flourishing in critical ways, it is time to question them and to experiment with ways of doing better.”  Hmmm… I’m not sure I want to know what that would mean in practice!

Regardless, Cohen’s book has a lot to say about modern privacy and copyright battles and will be of great interest to scholars in those specific fields of study.  You can find all the chapters online here.

Cole Stryker – Hacking the Future: Privacy, Identity, and Anonymity on the Web

Stryker’s Hacking the Future provides a concise overview of the battles over online anonymity that have raged since the Net’s early days and he outlines the many new threats to it. “What we are seeing is an all-out war on anonymity, and thus free speech, waged by a variety of armies with widely diverse motivations, often for compelling reasons,” he says. The book will be a great use to those covering ongoing policy debates over cybersecurity, the “nymwars” and online authentication / identification debates, post-Arab Spring political activism & “hactivism,” encryption issues, social networking privacy, troll culture and cyberbullying, and much more. Stryker makes a strong case for the continuing importance of online anonymity but isn’t scared to ask hard questions about the trade-offs society faces when some can mask their online identities. But he also explores the question of whether anonymity can survive given recent technological and policy-related developments, both of which aim to make individuals more identifiable online. I particularly enjoyed Chapter 10’s breakdown of the “Faces of Anonymity,” in which Stryker crafts a detailed taxonomy of anonymous character types online.

He also offers a run-down of the tools and steps that people can take advantage of if they want to ensure their anonymity / privacy online, including: cookie blocking, private browsing tools, disabling HTML in email and limiting or disabling broswer extensions, clearing browser histories, and using encryption tools, proxy servers, and VPN tunneling. “The question we have to ask ourselves,” Stryker notes, is “Does the accessibility of these anonymizing technologies make the world a safer, more equitable place, better place?” He answers: “It’s difficult to measure, but their abolition certainly wouldn’t.” He also draws this interesting parallel with efforts to regulate firearms: “The logic here is not unlike that used by those who oppose gun control: if guns are made illegal, then only criminals will have guns, leaving well-meaning folks defenseless. The reasoning is compelling within the identity space,” he argues, “regardless of what you might think about the merits of gun control.”

Two other notes: First, Wide Open Privacy: Strategies For The Digital Life by J.R. Smith & Siobhan MacDermott makes a nice compliment to Hacking the Future. It also offers a breakdown of privacy-enhancing technologies and outlines other strategies to safeguard your online anonymity. Second, if you are interested in digging even deeper in the Luzsec side of this story, you should check out Parmy Olson’s W e are Anonymous: Inside the Hacker Wor ld of Lulzsec, Anonymous and the Global Cyber Insurgency. It’s a splendid history but doesn’t have as much to say about the various policy issues that Stryker tackles in Hacking the Future. Or just listen to Olson’s podcast discussion with Jerry Brito. Speaking of that Brito character…

Jerry Brito (ed.) – Copyright Unbalanced: From Incentive to Excess

My Mercatus Center colleague Jerry Brito put together this important collection of essays by various conservatives and libertarian authors to highlight growing concerns about copyright policy. Contributors include Tom W. Bell, David G. Post, Reihan Salam, Patrick Ruffini, Tim Lee, Christina Mulligan, and Eli Dourado (also of Mercatus). Their essays suggest that the tide may be turning against copyright among free market analysts. Their chapters explore the increasingly complexity of copyright law and the rising costs associated with its enforcement and make a powerful case for reform of, or at least restraints on, the current copyright system. The consensus seemed to revolve around a few key reforms: significantly shortened copyright terms, the reintroduction of formalities (i.e., registration), and limits on criminal prosecution and civil asset forfeiture. The authors also make a strong case that public choice problems pervade today’s copyright system and that we should be concerned that cronyism is increasing creeping into the politics of copyright law and its seemingly endless expansion.

If you interested in a different take on IP issues to balance out Brito’s collection, I’d recommend picking up the forthcoming Laws of Creation: Property Rights in the World of Ideas by Ronald A. Cass and Keith N. Hylton. It’s a 2013 release but it is already in stock. I’m reading an advance copy from the publisher right now and will likely have more to say about it in a forthcoming post.

Randolph J. May (ed.) – Communications Law and Policy in the Digital Age: The Next Five Years

My former colleague Randy May put together this nice collection of essays by some of America’s leading communications and media policy scholars, including Bruce Owen, Christopher Yoo, James Speta, Daniel Lyons and others. The authors offer a generally skeptical take on the expansion of communications and broadband regulation and the growing power of the Federal Communications Commission over these markets. In particular, many of the contributors take the FCC to task for sketchy assertions of jurisdiction and the agency’s efforts to expand its imperial regulatory ambitions without always having the clear statutory authority to do so. The chapters by James Speta and Seth Cooper are particularly good in that regard. Admin law geeks will eat them up.

Those analysts following the ongoing Net neutrality wars will also find the book informative, even if they disagree with the generally skeptical take on the issue from contributors. Spectrum and universal service policy wonks will also appreciate the excellent chapters on those two issues from Michele P. Connolly and Daniel A. Lyons, respectively. And the closing chapter by Bruce Owen is, like everything Bruce does, a masterpiece. Owen is probably the most respected media economist on the planet and his decades of experience in this field shines through in his powerful essay on “Communications Policy Reform, Interest Groups, and Legislative Capture.” He crafts a political economy of the regulatory state and points out that the explosion of rent-seeking and legislative/regulatory capture in this sector is unlikely to dissipate. “Therefore,” Owen argues, “communications policy likely will continue to be subject to welfare-suppressing regulation because such regulation is consistent with the interests of legislators,” who are often beholden to special interests and their campaign dollars.

Joshua Gans – Information Wants to Be Shared

I really enjoyed this book. It’s an insightful exploration of modern media economics filled with interesting questions and scenarios about how information markets will evolve in the future. What will sustain movies, music, book, local reporting, and so on in the future? Gans does a terrific job making these issues easy to understand and doesn’t try to evangelize as much as the many others who have written on these issues. If you’ve read and enjoyed Carl Shapiro and Hal Varian’s classic text, Information Rules, then you will find Gans’ book to be the perfect compliment.

Gans doesn’t have a lot to say about public policy, however. This is really more of a business book suited for industry analysts and business school students. Nonetheless, some of its implications for policy are clear since many of these business model debates boil over into the policy arena.

P.S. I should mention that, even if you don’t pick up his new book, you should be following Gans’ “Digitopoly” blog. It is always worth reading.

Andrew Keen – Digital Vertigo: How Today’s Online Social Revolution Is Dividing, Diminishing, and Disorienting Us

If you’re into ‘the-whole-world-is-going-to-Hell-and-the-Internet-is-to-blame’ screeds, Andrew Keen will never disappoint. In Digital Vertigo as well as his earlier book, The Cult of the Amateur, Keen is grumpy about, well, just about everything under the sun. In the earlier book, it was the Web 2.0 world of blogging and “amateur” content creation — most notably Wikipedia and YouTube — that earned Keen’s wrath. In the new book, it is users themselves and the social sharing sites and technologies that they favor that Keen goes off on.

Specifically, Keen is worried that our increased reliance on new online and interactive technologies is spawning a “hypervisible age of great exhibitionism” that sacrifices privacy and individuality at the altar of sharing and social status-seeking. He also makes sweeping claims that we are now living in “a world in which many of us have forgotten what it means to be human,” or that “we are forgetting who we really are.” As I noted in my Forbes review of the book, it’s classic technopanic talk. Not only does Keen fail to substantiate such claims, but he also doesn’t bother to even offer the reader any sort of practical plan for how to achieve a more balanced digital life.

Bruce Schneier – Liars & Outliers: Enabling the Trust that Society Needs to Thrive

Security expert Bruce Schneier’s latest book was a terrific read and easily one of my favorites of the year. It wasn’t a book about technology policy per se, but it certainly has important ramifications for it. Schneier explains four “societal pressures” combine to help create and preserve trust within society. Those pressures include: (1) Moral pressures; (2) Reputational pressures; (3) Institutional pressures; and (4) Security systems. By “dialing in” these societal pressures in varying degrees, trust is generated over time within groups. Of course, these societal pressures also fail on occasion, Schneier notes. He explores a host of scenarios — in organizations, corporations, and governments — when trust breaks down because defectors seek to evade the norms and rules the society lives by. These defectors are the “liars and outliers” in Schneier’s narrative and his book is an attempt to explain the complex array of incentives and trade-offs that are at work and which lead some humans to “game” systems or evade the norms and rules others follow.

Indeed, Schneier’s book serves as an excellent primer on game theory as he walks readers through complex scenarios such as prisoner’s dilemma, the hawk-dove game, the free-rider problem, the bad apple effect, principle-agent problems, the game of chicken, race to the bottom, capture theory, and more. These problems are all quite familiar to economists, psychologists, and political scientists, who have spent their lives attempting to work through these scenarios. Schneier has provided a great service here by making game theory more accessible to the masses and given it practical application to a host of real-world issues.

The most essential lesson Schneier teaches us is that perfect security is an illusion, and this is where the implications for tech policy come in. We can rely on those four societal pressures in varying mixes to mitigate problems like theft, terrorism, fraud, online harassment, and so on, but it would be foolish and dangerous to believe we can eradicate such problems completely. “There can be too much security,” Schneier explains, because, at some point, constantly expanding security systems and policies will result in rapidly diminishing returns. Trying to eradicate every social pathology would bankrupt us and, worse yet, “too much security system pressure lands you in a police state,” he correctly notes.

Despite these challenges, Schneier reminds us that there is cause for optimism. Humans adapt better to social change than they sometimes realize, usually by tweaking the four societal pressures Schneier identifies until a new balance emerges. While liars and outliers will always exist, society will march on.

See my longer review of Schneier’s excellent book over at Forbes. I highly recommend you pick up Liars & Outliers no matter what your field of study. It is outstanding.

… and still more titles from 2012 (* asterisk means I didn’t find time to finish them)…

… and, again, here are the lists of important books from 2008, 2009, 2010, and 2011.

]]> https://techliberation.com/2012/12/17/important-cyberlaw-info-tech-policy-books-2012-edition/feed/ 131 39701 The Case for Internet Optimism, Part 1: Saving the Net From Its Detractors https://techliberation.com/2011/01/31/the-case-for-internet-optimism-part-1-saving-the-net-from-its-detractors/ https://techliberation.com/2011/01/31/the-case-for-internet-optimism-part-1-saving-the-net-from-its-detractors/#comments Mon, 31 Jan 2011 16:43:30 +0000 http://techliberation.com/?p=34765

Here’s the first of two essays I’ve recently penned making “The Case for Internet Optimism.” This essay was included in the book, The Next Digital Decade: Essays on the Future of the Internet (2011), which was edited by Berin Szoka and Adam Marcus of TechFreedom.  In these essays, I identify two schools of Internet pessimism: (1) “Net Skeptics,” who are pessimistic about the Internet improving the lot of mankind; and (2) “Net Lovers,” who appreciate the benefits the Net brings society but who fear those benefits are disappearing, or that the Net or openness are dying.  (Regular readers of this blog will be familiar with these themes since I sketched them out in previous essays here such as, “Are You an Internet Optimist or Pessimist?” and “Two Schools of Internet Pessimism.”) The second essay is here.

This essay focuses on the first variant of Internet pessimism, which is rooted in general skepticism about the supposed benefits of cyberspace, digital technologies, and information abundance. The proponents of this pessimistic view often wax nostalgic about some supposed “good ‘ol days” when life was much better (although they can’t seem to agree when those were). At a minimum, they want us to slow down and think twice about life in the Information Age and how it’s personally affecting each of us.  Occasionally, however, this pessimism borders on neo-Ludditism, with some proponents recommending steps to curtail what they feel is the destructive impact of the Net or digital technologies on culture or the economy.  I identify the leading exponents of this view of Internet pessimism and their major works. I trace their technological pessimism back to Plato but argue that their pessimism is largely unwarranted. Humans are more resilient than pessimists care to admit and we learn how to adapt to technological change and assimilate new tools into our lives over time. Moreover, were we really better off in the scarcity era when we were collectively suffering from information poverty?  Generally speaking, despite the challenges it presents society, information abundance is a better dilemma to be facing than information poverty.  Nonetheless, I argue, we should not underestimate or belittle the disruptive impacts associated with the Information Revolution.  But we need to find ways to better cope with turbulent change in a dynamist fashion instead of attempting to roll back the clock on progress or recapture “the good ‘ol days,” which actually weren’t all that good.

Down below, I have embedded the entire chapter in a Scribd reader, but the essay can also be found on the TechFreedom website for the book as well as on SSRN.  I have also includes two updated tables that appeared in my old “optimists vs. pessimists” essay.  The first lists some of the leading Internet optimists and pessimists and their books. The second table outlines some of the major lines of disagreement between these two camps and I divided those disagreements into (1) Cultural / Social beliefs vs. (2) Economic / Business beliefs.

The Case for Internet Optimism Part 1 – Saving the Net From Its Detractors (Adam Thierer) http://d1.scribdassets.com/ScribdViewer.swf

______

Theuthian Technophiles ( “The Internet Optimists”)

Thamusian Technophobes ( “The Internet Pessimists”)

Optimists

Pessimists

Cultural / Social beliefs
Net is participatory Net is polarizing
Net facilitates personalization (welcome of “Daily Me” that digital tech allows) Net facilitates fragmentation (fear of the “Daily Me”)
“a global village” balkanization and fears of “mob rule”
heterogeneity / encourages diversity of thought and expression homogeneity / Net leads to close-mindedness
allows self-actualization diminishes personhood
Net a tool of liberation & empowerment Net a tool of frequent misuse & abuse
Net can help educate the masses dumbs down the masses
anonymous communication encourages vibrant debate + whistleblowing (a net good) anonymity debases culture & leads to lack of accountability
welcome information abundance; believe it will create new opportunities for learning concern about information overload; esp. impact on learning & reading
Economic / Business beliefs
benefits of “Free” (increasing importance of “gift economy”) costs of “Free” (“free” = threat to quality & business models)
mass collaboration is generally more important individual effort is generally more important
embrace of “amateur” creativity superiority of “professionalism”
stress importance of “open systems” of production stress importance of “proprietary” models of production
“wiki” model = wisdom of crowds; benefits of crowdsourcing “wiki” model = stupidity of crowds; collective intelligence is oxymoron; + “sharecropper” concern about exploitation of free labor

Theuthian Technophiles ( “The Internet Optimists”)

Thamusian Technophobes ( “The Internet Pessimists”)

· Nicholas Negroponte, Being Digital (1995)

· Kevin Kelly, Out of Control: The New Biology of Machines, Social Systems, and the Economic World (1995)

· Virginia Postrel, The Future and Its Enemies (1998)

· James Surowiecki, The Wisdom of Crowds (2004)

· Chris Anderson, The Long Tail: Why the Future of Business is Selling Less of More (2006)

· Steven Johnson, Everything Bad is Good For You (2006)

· Glenn Reynolds, An Army of Davids: How Markets and Technology Empower Ordinary People to Beat Big Media, Big Government, and Other Goliaths (2006)

· Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom (2006)

· Clay Shirky, Here Comes Everybody: The Power of Organizing without Organizations (2008)

· Don Tapscott & Anthony D. Williams, Wikinomics: How Mass Collaboration Changes Everything (2008)

· Jeff Howe, Crowdsourcing: Why the Power of the Crowd Is Driving the Future of Business (2008)

· Tyler Cowen, Create Your Own Economy: The Path to Prosperity in a Disordered World (2009)

· Dennis Baron, A Better Pencil: Readers, Writers, and the Digital Revolution (2009)

· Jeff Jarvis, What Would Google Do ? (2009)

· Clay Shirky, Cognitive Surplus: Creativity and Generosity in a Connected Age (2010)

· Nick Bilton, I Live in the Future & Here’s How It Works (2010)

· Kevin Kelly, What Technology Wants (2010)

· Neil Postman, Technopoly: The Surrender of Culture to Technology (1993)

· Sven Birkerts, The Gutenberg Elegies: The Fate of Reading in an Electronic Age (1994)

· Clifford Stoll, High-Tech Heretic: Reflections of a Computer Contrarian (1999)

· Cass Sunstein, Republic.com (2001)

· Todd Gitlin, Media Unlimited: How the Torment of Images and Sounds Overwhelms Our Lives (2002)

· Todd Oppenheimer, The Flickering Mind: Saving Education from the False Promise of Technology (2003)

· Andrew Keen, The Cult of the Amateur: How Today’s Internet is Killing our Culture (2007)

· Steve Talbott, Devices of the Soul: Battling for Our Selves in an Age of Machines‎ (2007)

· Nick Carr, The Big Switch: Rewiring the World, from Edison to Google (2008)

· Lee Siegel, Against the Machine: Being Human in the Age of the Electronic Mob (2008)

· Mark Bauerlein, The Dumbest Generation: How the Digital Age Stupefies Young Americans and Jeopardizes Our Future (2008)

· Mark Helprin, Digital Barbarism: A Writer’s Manifesto (2009)

· Maggie Jackson, Distracted: The Erosion of Attention and the Coming Dark Age (2009)

· John Freeman, The Tyranny of E-Mail: The Four-Thousand-Year Journey to Your Inbox (2009)

· Jaron Lanier, You Are Not a Gadget (2010)

· Nick Carr, The Shallows: What the Internet Is Doing to Our Brains (2010)

· William Powers, Hamlet’s BlackBerry: A Practical Philosophy for Building a Good Life in the Digital Age (2010)
]]> https://techliberation.com/2011/01/31/the-case-for-internet-optimism-part-1-saving-the-net-from-its-detractors/feed/ 10 34765 Orson Scott Card’s Pragmatic Internet Optimism https://techliberation.com/2010/12/15/orson-scott-cards-pragmatic-internet-optimism/ https://techliberation.com/2010/12/15/orson-scott-cards-pragmatic-internet-optimism/#comments Thu, 16 Dec 2010 01:52:32 +0000 http://techliberation.com/?p=33636

I really enjoyed this editorial in today’s Wall Street Journal by sci-fi novelist Orson Scott Card, author of Ender’s Game, among many other books.  Card engages in some interesting soul searching about the impact of the Net and digital technology on our lives, economy, and culture.  He concludes his essay by noting that:

We’re still the same human beings we always were. Consumers still act like consumers; people still search for love and friendship. But the Internet has freed us from the boundaries of distance and many of the risks of embarrassment in social interactions. This re-sorted geography has brought its own pitfalls and forced us to create new rules of etiquette. But just as I have no desire to give up cars, trains and planes to return to the hay-eating, vet-needing, poop-generating, one-horsepower horse, I don’t want to go back to pre-Google research, pre-Amazon shopping, pre-blog newsmedia, or the loneliness of villages limited by geography.

Quite right.  Card is expressing the sort of “pragmatic optimism” I’ve written about here before in my essays about the ongoing battle between Internet optimists and pessimists.  I’ve tried to articulate a sort of middle ground position in this debate that embraces the amazing technological changes at work in today’s Information Age but does so with a healthy dose of humility and appreciation for the disruptive impact and pace of that change. As I’ve noted before, we need to think about how to mitigate the negative impacts associated with technological change without adopting the paranoid tone or Luddite-ish recommendations of the pessimists.  Read Card’s entire essay to get a better feel for how we can begin to think in that way.

]]> https://techliberation.com/2010/12/15/orson-scott-cards-pragmatic-internet-optimism/feed/ 3 33636 No-Cost Opt-Outs & Online Content & Culture https://techliberation.com/2010/12/02/no-cost-opt-outs-online-content-culture/ https://techliberation.com/2010/12/02/no-cost-opt-outs-online-content-culture/#comments Thu, 02 Dec 2010 22:06:30 +0000 http://techliberation.com/?p=33385

In his essay today, “Go On, Opt Out. Just Don’t Come Cryin’ To Me …,” John Battelle has some very sensible thinking on the “Do Not Track” idea and privacy regulation more generally:

Look, if you want to, you can put yourself on a “do not track” list in the Real World. As you walk around in our Real World, where small shopkeepers and Starbucks alike attempt to lure you into their stores, you can simply decide to ignore their come ons. You can refuse to get a grocery card, and forego the discounts they offer. You can forego the countless coupons, come ons, and catalogs that come through your newspaper, browser, or your community mailer, and if you work at it, you can even opt out through some specialized services (with more coming soon, if the FTC gets its way). And you can turn off your television (cause lord knows even the shows are trying to influence you now), and you can ignore your friends when they talk about the latest, coolest promotion that Verizon or ATT has pushed them through their cell phones. If folks insist on talking about stuff that might smack of someone selling you something, heck, you can start to dress like the Unabomber and withdraw entirely from our obviously commercial culture. You might look weird, but at least folks will leave you alone. And if you do, your world will either be better, or it will suck more. Your call. But don’t come crying to me when you realize that in opting out of our marketing-driven world, you’ve also opted out of, well, a pretty important part of our ongoing cultural conversation, one that, to my mind, is getting more authentic and transparent thanks to digital platforms. And, to my mind, you’ve also opted out of being a thinking person capable of filtering this stuff on your own, using that big ol’ bean which God, or whoever you believe in, gave you in the first place.   Life is a conversation, and part of it is commercial. We need to buy stuff, folks. And we need to sell stuff too.

Amen, brother.  This is a point Berin Szoka and I have made repeatedly here in the past: The debate over privacy regulation is fundamentally tied up with the future of online content and culture. The idea of a cost-free opt-out model for the all online data collection / advertising may sound seductive to some, but we must take into account the opportunity costs of regulation.  The real world is full of trade-offs and, despite what the Federal Trade Commission seems to think, there is no such thing as a free lunch.

]]> https://techliberation.com/2010/12/02/no-cost-opt-outs-online-content-culture/feed/ 2 33385 Are You An Internet Optimist or Pessimist? The Great Debate over Technology’s Impact on Society https://techliberation.com/2010/01/31/are-you-an-internet-optimist-or-pessimist-the-great-debate-over-technology%e2%80%99s-impact-on-society/ https://techliberation.com/2010/01/31/are-you-an-internet-optimist-or-pessimist-the-great-debate-over-technology%e2%80%99s-impact-on-society/#comments Sun, 31 Jan 2010 18:47:50 +0000 http://techliberation.com/?p=25554

[I’ve been working on an outline for a book I hope to write surveying technological skepticism throughout history. I first started thinking about this topic two years when I noticed that a great number of recent books about Internet policy could generally be grouped into one of two camps: Internet optimists vs. Internet pessimists. I subsequently penned an essay on the subject that generated a fair bit of attention. So, I figured I must be on to something, and the more Net policy books I read, the more I realized that the divisions between these two camps were growing wider and increasingly heated. Thus, I thought I would share this very rough draft (much of it still in outline form) of the opening chapter of that book I want to write about this great intellectual war over the impact of technology on society. I invite reader input. Update Jan. 2011: I finally published a full-length essay on this topic. You can find it here. ]

__________

The impact of technological change on culture, learning, and morality has long been the subject of intense debate, and every technological revolution brings out a fresh crop of both pessimists and pollyannas. Indeed, a familiar cycle has repeat itself throughout history whenever new modes of production (from mechanized agriculture to assembly-line production), means of transportation (water, rail, road, or air), energy production processes (steam, electric, nuclear), medical breakthroughs (vaccination, surgery, cloning), or communications techniques (telegraph, telephone, radio, television) have appeared on the scene.

The cycle goes something like this. A new technology appears. Those who fear the sweeping changes brought about by this technology see a sky that is about to fall. These “techno-pessimists” predict the death of the old order (which, ironically, is often a previous generation’s hotly-debated technology that others wanted slowed or stopped).  Embracing this new technology, they fear, will result in the overthrow of traditions, beliefs, values, institutions, business models, and much else they hold sacred.

The pollyannas, by contrast, look out at the unfolding landscape and see mostly rainbows in the air. Theirs is a rose-colored world in which the technological revolution du jour is seen as improving the general lot of mankind and bringing about a better order.  If something has to give, then the old ways be damned! For such “techno-optimists,” progress means some norms and institutions must adapt—perhaps even disappear—for society to continue its march forward.

Our current Information Revolution is no different. It too has its share of techno-pessimists and techno-optimists. Indeed, before most of us had even heard of the Internet, people were already fighting about it—or at least debating what the rise of the Information Age meant for our culture, society, and economy.

Web 1.0 Fight: Postman vs. Negroponte

In his 1992 anti-technology screed Technopoly: The Surrender of Culture to Technology, the late social critic Neil Postman greeted the unfolding Information Age with a combination of skepticism and scorn.  Indeed, Postman’s book was a near-perfect articulation of the techo-pessimist’s creed.  “Information has become a form of garbage,” he claimed, “not only incapable of answering the most fundamental human questions but barely useful in providing coherent direction to the solution of even mundane problems.”  If left unchecked, Postman argued, America’s new technopoly—“the submission of all forms of cultural life to the sovereignty of technique and technology”—would destroy “the vital sources of our humanity” and lead to “a culture without a moral foundation” by undermining “certain mental processes and social relations that make human life worth living.”

Postman opened his polemic with the well-known allegorical tale from Plato’s Phaedrus about the dangers of the written word.  Postman reminded us how King Thamus responded to the god Theuth, who boasted of how his invention of writing would improve the wisdom and memory of the masses relative to the oral tradition of learning.  King Thamus shot back, “the discoverer of an art is not the best judge of the good or harm which will accrue to those who practice it.”  King Thamus then passed judgment himself about the impact of writing on society, saying he feared that the people “will receive a quantity of information without proper instruction, and in consequence be thought very knowledgeable when they are for the most part quite ignorant.”

And so Postman—fancying himself a bit of a modern King Thamus—cast judgment on today’s comparable technological advances and those who would glorify them:

we are currently surrounded by throngs of zealous Theuths, one-eyed prophets who see only what new technologies can do and are incapable of imagining what they will undo. We might call such people Technophiles. They gaze on technology as a lover does on his beloved, seeing it as without blemish and entertaining no apprehension for the future. They are therefore dangerous and to be approached cautiously. … If one is to err, it is better to err on the side of Thamusian skepticism.

Nicholas Negroponte begged to differ. An unapologetic Theuthian technophile, the former director of the MIT Media Lab responded on behalf of the techno-optimists in 1995 with his prescient polemic, Being Digital.  It was a paean to the Information Age, for which he served as one of the first high prophets—with Wired magazine’s back page frequently serving as his pulpit during the many years he served as a regular columnist.

Appropriately enough, the epilogue of Negroponte’s Being Digital was entitled “An Age of Optimism” and, like the rest of the book, it stood in stark contrast to Postman’s pessimistic worldview.  Although Negroponte conceded that technology indeed had a “dark side” in that it could destroy much of the old older, he believed that was inevitable, but also not cause for much concern. “Like a force of nature, the digital age cannot be denied or stopped,” he insisted, and we must learn to appreciate the ways “digital technology can be a natural force drawing people into greater world harmony.” (This sort of techno-determism is a theme we would see on display in many of the works by other Internet optimists that followed in Negroponte’s footsteps.)

To Postman’s persistent claim that America’s technopoly lacked a moral compass, Negroponte again conceded the point but took the glass-is-half-full view: “Computers are not moral; they cannot resolve complex issues like the rights to life and to death. But being digital, nevertheless, does give much cause for optimism.”  His defense of the digital age rested on the “four very powerful qualities that will result in its ultimate triumph: decentralizing, globalizing, harmonizing, and empowering.” Gazing into his techno-crystal ball in 1995, Negroponte forecast the ways in which those qualities would revolutionize society:

The access, the mobility, and the ability to effect change are what will make the future so different from the present. The information superhighway may be mostly hype today, but it is an understatement about tomorrow. It will exist beyond people’s wildest predictions. As children appropriate a global information resource, and as they discover that only adults need learner’s permits, we are bound to find new hope and dignity in places where very little existed before.

In many ways, that’s the world we occupy today; a world of unprecedented media abundance and unlimited communications and connectivity opportunities.

But the great debate about the impact of digitization and information abundance would not end with Postman and Negroponte. Theirs would only be Act I in a drama that continues to unfold, and it is growing more heated and complex with each new character that comes on the stage.

Web War II

 

The disciples of Postman and Negroponte are a colorful, diverse lot. The players in Act II of this drama occupy many diverse professions—journalists, technologists, business consultants, sociologists, economists, lawyers, etc.—and they are disagreeing even more vehemently and vociferously about the impact of the Internet and digital technologies than Postman and Negroponte did.

In Exhibit 1, I have listed the Internet optimists and pessimists and list their key works.

Theuthian Technophiles (aka “The Internet Optimists”) Thamusian Technophobes (aka “The Internet Pessimists”)
Nicholas Negroponte, Being Digital Neil Postman, Technopoly: The Surrender of Culture to Technology

Virginia Postrel, The Future and Its Enemies

 Andrew Keen, The Cult of the Amateur: How Today’s Internet is Killing our Culture
James Surowiecki, The Wisdom of Crowds Lee Siegel, Against the Machine: Being Human in the Age of the Electronic Mob
Clay Shirky, Here Comes Everybody: The Power of Organizing without Organizations and Cognitive Surplus: Creativity and Generosity in a Connected Age Nick Carr, The Big Switch: Rewiring the World, from Edison to Google and The Shallows: What the Internet Is Doing to Our Brains
Yochai Benkler, The Wealth of Networks: How Social Production Transforms Markets and Freedom Mark Helprin, Digital Barbarism: A Writer’s Manifesto
Chris Anderson, The Long Tail: Why the Future of Business is Selling Less of More Cass Sunstein, Republic.com
Kevin Kelly,Out of Control: The New Biology of Machines, Social Systems, and the Economic World Todd Gitlin, Media Unlimited: How the Torment of Images and Sounds Overwhelms Our Lives
Jeff Howe, Crowdsourcing: Why the Power of the Crowd Is Driving the Future of Business Mark Bauerlein, The Dumbest Generation: How the Digital Age Stupefies Young Americans and Jeopardizes Our Future (Or, Don’t Trust Anyone Under 30)
Don Tapscott & Anthony D. Williams, Wikinomics: How Mass Collaboration Changes Everything Steve Talbott, Devices of the Soul: Battling for Our Selves in an Age of Machines‎
Jeff Jarvis, What Would Google Do John Freeman, The Tyranny of E-Mail: The Four-Thousand-Year Journey to Your Inbox
Tyler Cowen, Create Your Own Economy: The Path to Prosperity in a Disordered World Jaron Lanier, You Are Not a Gadget
Dennis Baron, A Better Pencil: Readers, Writers, and the Digital Revolution David Trend, The End of Reading: From Gutenberg to Grand Theft Auto

In Exhibit 2, I have sketched out the major lines of disagreement between these two camps and divided those disagreements into (1) Cultural / Social beliefs vs. (2) Economic / Business beliefs.

Optimists Pessimists

Cultural / Social beliefs
Net is participatory Net is polarizing
Net facilitates personalization (welcome of “Daily Me” that digital tech allows) Net facilitates fragmentation (fear of the “Daily Me”)
“a global village” balkanization and fears of “mob rule”
heterogeneity / encourages diversity of thought and expression homogeneity / Net leads to close-mindedness
allows self-actualization diminishes personhood
Net a tool of liberation & empowerment Net a tool of frequent misuse & abuse
believe Net can help educate fear dumbing-down of masses
anonymous communication is a net good; encourages vibrant debate + whistleblowing fear of anonymity; say it debases culture & leads to lack of accountability
welcome information abundance; believe it will create new opportunities for learning concern about information overload; esp. impact on learning & reading
Economic / Business beliefs
benefits of “Free” (increasing importance of “gift economy”) costs of “Free” (“free” = threat to quality & business models)
mass collaboration is generally more important individual effort is generally more important
embrace of “amateur” creativity superiority of “professionalism”
superiority of “open systems” of production superiority of “proprietary” models of production
“wiki” model = wisdom of crowds; benefits of crowdsourcing “wiki” model = stupidity of crowds; collective intelligence is oxymoron; + “Sharecropper” concern @ exploiting free labor

When you boil it all down, there are two major points of contention between the optimists and pessimists:

  1. The impact of technology on learning & culture & the role of experts vs. amateurs in that process.
  2. The promise—or perils—of personalization.

The Debate over Learning & Culture

  • Internet optimists and pessimists have engaged in heated debates over role of amateur production and benefits of abundant media
  • pessimists fear impact of Net and “cult of amateur” on “professional” media
  • without “enforceable scarcity” and protection for the “enlightened class,” the pessimists wonder how “high quality” news or “high art” will get funded and disseminated; and they worry about the decline of authority & truth
  • optimists argue that new modes of production (namely peer-production) will be an adequate (if not superior) alternative
    • or they believe new business models will evolve to support professional media
  • but pessimists argue that all the new choices are largely false choices
    • participatory democracy all bunk (“mob rule” and rumor mill mongering)
    • just more force-fed commercial propaganda; concerns about advertising
    • also worry about “digital sharecropping” where small group of elites make money off backs of free labor
  • optimists counter that Web 2.0 offers real choices and voices
    • optimists argue that many (perhaps most) aren’t in it for the money
    • they do it for love of knowledge & “free culture”
  • pessimists argue that “free” culture isn’t free at all; often just parasitic copying / piracy
    • could have profound ramifications for future of news, journalism, “high culture”
    • fear loss of trusted intermediaries & authorities
    • could “dumb down” the masses
  • the centrality of Wikipedia to the discussion serves as a microcosm of the entire debate
    • does Wikipedia mark the decline of authority?
    • what is “truth,” the pessimists ask? [“truthiness” fear, a la S. Colbert & Manjoo]
    • who and what can be trusted if everyone is considered an authority?
    • on the other hand, what if it works (at least reasonably well)?
    • what does that tell us about peer production / crowdsourcing?

The Debate over the Promise or Perils of Personalization

  • both optimists and pessimists agree that Net & Web 2.0 is leading to more “personalized” media experience
    • but they vehemently disagree on whether that is good or bad
    • what will it mean for participatory democracy?
  • pessimists fear Negroponte’s “Daily Me” (i.e., hyper-personalization) leads to:
    • homogenization
    • close-mindedness
    • an online echo-chamber
    • overload of choices + just more corporate brainwashing
  • optimists counter that personalization leads to:
    • heterogeneity / chance for everyone to be heard
    • openness
    • exposure to new thinking and opinions
    • abundance of choices = diversity of thought / participation
  • in the extreme, some pessimists fear the “mechanization of the soul” and the “surrender to the machine”
  • while that may sound a bit over the top, it doesn’t help that some optimists speak of the noosphere & “global consciousness” and seem to long for the eventual singularity

Who’s Got It Right?

  • On balance, I believe the optimists generally have the better of the argument today
  • But pessimists make many fair points that deserve to be taken seriously; they just need a more reasonable articulation of (some of) those concerns
  • The better approach is what I call “pragmatic optimism,” which attempts to rid the optimist paradigm of its kookier, pollyannish thinking while also taking into account some of the very legitimate concerns raised by the pessimists, but rejecting its Luddite fringe in the process.

Thoughts on the Pessimists…

  • First and foremost, the pessimists need better spokespersons! Or, they at least need a more moderated, less hysterical tone when addressing concerns raised by technological progress (many of which are quite legitimate).
  • It’s often difficult to take the pessimists seriously when they persist with their seeming outright hostility to most forms of technological progress / change. Every one of them claim they are not a Luddite, and often I believe them. But the tone of some of their writing, and the thrust of some of their recommendations, have clear Luddite tendencies.
  • Moreover, their endless name-calling and derision for the digital generation is, at times, just as insulting and immature as they “mob” they repeatedly castigate in their works. Too often, their criticism devolves into philosophical snobbery and blatant elitism. Constantly looking down their noses at digital natives and all “amateur” production doesn’t help them win any converts.
  • It’s quite shocking how the pessimists have almost nothing good to say about Wikipedia and demonize it endlessly. Much the same goes for open source and other collaborative efforts. They don’t appear willing to accept the possibility of any benefits coming from collective efforts. And they wrongly treat the rise of collective / collaborative efforts as a zero-sum game; they seem to imagine it represents a net loss of individual effort & “personhood.” That simply doesn’t follow.
  • Most importantly, the pessimists need to come to grips with the Information Revolution and offer more constructive and practical solutions to legitimately difficult transitional problems created by disintermediating influences of the digital technologies and Net.
  • The nostalgia the pessimists typically espouse for the past is a common refrain of cultural and technological critics who fear that the “good ‘ol days” are behind us and the current good-for-nothing generation and their new-fangled gadgets are steering us straight into a moral abyss.  The truth typically proves less cataclysmic, of course.  The great thing about humans is that we adapt better than other creatures. When it comes to technological change, resiliency is hard-wired into our genes.  We learn how to use the new tools that are given to us and gradually assimilate them into our lives and culture.  Indeed, we have lived through more radical revolutions than the Information Revolution. We can adapt and learn to live with some of the legitimate difficulties & downsides of the Information Age.
  • The pessimists are at their best when highlighting the very legitimate concerns about the challenges that accompany technological change, including the impact of the digital revolution on “professional” media and the decline of authority among trusted experts and intermediaries.
    • we absolutely don’t want to lose all that
    • there are real benefits associated with it
    • and we need to find a way to fund “professional” media / art going forward
  • But, practically speaking, what would the pessimists have us do if we can’t mitigate these problems? Would they roll back the clock with burdensome restrictions? As Ben Casnocha noted recently: “the wind at the backs of all techno-optimists … [is] the forward momentum of technological development. You cannot turn back the clock. It is impossible to envision a future where there is less information and fewer people on social networks. It is very possible to envision increasing abundance along with better filters to manage it. The most constructive contributions to the debate, then, heed Moore’s Law in the broadest sense and offer specific suggestions for how to harness the change for the better.”  That’s what many pessimists have failed to do in their works.

Thoughts on the Optimists…

  • The optimists currently have the better of the debate as the abundance of Web 2.0 riches is generally benefiting culture / society.
  • Relative to the past it is almost impossible to see how one could argue society has not benefited from the Internet and new digital technologies. The Digital Revolution has greatly empowered masses and offered them more informational inputs.
  • An age of abundance is certainly preferable to an age of information scarcity!
  • But optimists need to be less Pollyanna-ish and avoid becoming the “technopolists”  (or digital utopians) that Postman feared were taking over our society
    • Way too much Rousseauian romanticism at work in some optimist writings. All this talk of the Net “remaking man” or human nature is pure rubbish.
    • Not all change is good change; the optimists need to be mature enough to understand and address the occasional downsides of digital life without dismissing the critics.
    • And they need to acknowledge that sometimes the wisdom of crowds really can = the stupidity of crowds (when does collective intelligence devolve into herd mentality?) And all this crazy talk of “the hive mind” and the “noosphere” must end.  Some of optimists sound like they long for life in The Matrix; bring on the Singularity!  That’s when you know an optimists has crossed over into the realm of quixotic techno-utopianism.
  • Optimists often overplay the benefits of collective intelligence, collaboration, and the role of amateur production.  They need to frame Wiki / peer-production models as a complement to professional media, not a replacement for it.
    • Could The New York Times really be cobbled together by amateurs each day?
    • Why aren’t there any really compelling open source video games?
    • There is a big difference between “remix culture” and “rip-off culture”
    • “The Long Tail” is not “the future of all business”; but it is an increasingly important part of it, and it is wonderful that it is so much more accessible than it was in the past.
    • Will we really be better off if all professionals & intermediaries disappear? Optimists play the “old media just don’t get it” card too often and snobbishly dismiss all their concerns and efforts to reinvent themselves
  • Optimists need to place technological progress in context and appreciate that, as Postman argued, there are some moral dimensions to technological progress that deserve attention.
  • Of course, on the other hand, some of those moral consequences are profoundly positive, which the pessimists usually fail to appreciate or even acknowledge.

Conclusion: Toward “Pragmatic Optimism”

 

  • Generally speaking, I believe the optimists currently have the better of the debate. It is impossible for me to believe that we were better off in an era of information poverty & un-empowered masses.
  • But there’s a kernel of truth to what the pessimists predict about how the passing of the old order leaving society without some things that might be worth preserving.  And they are certainly correct that each of us should think about how to better balance new technologies and assimilate them into our lives.
  • The sensible middle ground position is “pragmatic optimism”: We should embrace the amazing technological changes at work in today’s Information Age but do so with a healthy dose of humility and appreciation for the disruptive impact and pace of that change. [See my “Pragmatic (Internet) Optimist’s Creed” below]
  • We need to think about how to mitigate the negative impacts associated with technological change without adopting the paranoid tone or Luddite-ish recommendations of the pessimists.
  • And it is important for us to personally exercise some personal restraint in terms of the role technology plays in our life. While pessimists from Plato and Postman certainly went too far, there is a kernel of truth to their claim that, taken to an extreme, technology can have a negative impact on life and learning.  We need to focus on the Aristotelian mean. We must avoid neo-Luddite calls for a return to “the good ‘ol days” on the one hand, while also rejecting techno-utiopian Pollyanna-ism on the other
  • Regardless, the old Theuth-Thamus debate about the relationship between technological change and its impact on culture and society will continue to rage. There is no chance this debate will die down anytime soon. And just wait till virtual reality goes mainstream!  Oh brother, now that is going to be a lively debate. I might turn into a Thamusian once I find my son playing a virtual gangster or pimp in “Grand Theft Auto 12: The Immersive Experience.”
  • Nonetheless, generally speaking, I remain quite bullish about the prospects for technology to generally improve the human condition.

The Pragmatic (Internet) Optimist’s Creed

by Adam Thierer

I believe that the Internet and digital technologies are reshaping our culture, economy, and society in most ways for the better, but not without some serious heartburn along the way.

I believe that the world of information abundance that has dawned is vastly superior to the world of information poverty that we just left. But I also understand that not all information is equal and that that the rise of abundance raises concerns about information overload, objectionable content, and the role of “authority” and “truth.”

I believe the era of traditional Mass Media is coming to an end, but “professional” media institutions and creators continue to play a vital role in the creation, aggregation, and dissemination of news, information, culture, and entertainment. The Internet, however, will force gut-wrenching changes on traditional media institutions and some of the more traditionally vital ones (ex: daily local newspapers) will struggle to re-invent themselves, or may wither away entirely. And while I believe that “professional” journalism faces very serious challenges from the rise of the Internet and user-generated content, but I also believe that hybrid forms of news-gathering and reporting are offering society exciting new ways to learn about the world around them.

I believe Wikipedia is an amazing example of collection action / intelligence at work, but I also understand it is not without flaws and limitations. I believe Wikipedia is a wonderful complement, but not a complete substitute, for other media and information sources and inputs.

I believe that free and open source software (FOSS) has produced enormous social / economic benefits, but I do not believe that FOSS (or “wiki” models) will replace all proprietary business models or methods.  Each model or mode of production has its place and purpose and they will continue to co-exist going forward, albeit in serious tension at times.

I believe the Long Tail is a powerful phenomenon, but not “the future of all business.” It is now a more important part of the future of business, but not the entirety of it. But it is wonderful that it is more accessible than ever and that we have found ways to monetize it to benefit less well know creators and innovators.

I believe there is a difference between “remix culture” and “ripoff culture.”  Remix culture generally enhances and extends culture and creativity. Blatant content piracy, on the other hand, can discourage the creative efforts of the citizenry and deprive some of society’s most gifted creators of the incentive to produce culturally beneficial works. Likewise, hacking, circumvention, and reverse-engineering all play an important and legitimate role in our new digital economy, but one need not accept the legitimacy of those activities when conducted for nefarious purposes (think identity theft or chip-modding to facilitate video game piracy.)

I believe that the Internet has empowered the masses and created a world of “pro-sumers” that gives every man, woman, and child a soapbox on which to speak to the world. But that does not mean that all of them will have something interesting to say, and I won’t praise user-generated content as a good in and of itself. It’s quality, not volume, that counts.

I believe that the Internet’s empowering nature has changed much about society and culture, but I do not believe in the romanticism some espouse about how the Net “remaking man” or changing human nature in any fundamental way. The Internet does not liberate us from all earthly constraints and it cannot magically solve all of civilization’s problems.

I believe that the Internet is reinvigorating deliberative democracy and giving us increased exposure to a breathtaking diversity of views previously inaccessible. On the other hand, I understand that some will often seek out only those views that reinforce their pre-existing biases.

I believe in the liberating power of freedom of speech and expression, and appreciate that the Internet and the rise of user-generated content has given us a world of unprecedented information and cultural riches. I also understand, however, that unrestricted freedom of speech and expression permits an increase in the prevalence of objectionable, even loathsome, speech and content. On net, however, (excuse the pun) the Internet is the most important medium of human communication and expression yet.

In sum, there are more reasons to be optimistic than pessimistic about the Internet and its role in shaping our lives, culture, economy, and society. But that doesn’t mean it will be all roses going forward.

­­­­___

Additional Reading (from me):

Additional Reading (from others):

  • and here’s a great video from 1995 featuring the late Neil Postman with his pessimistic take on cyberspace..

Also, courtesy of the Brain Pickings blog, check out this amazing 1972 documentary based on Alvin Toffler’s famous 1970 book, Future Shock. It perfectly foreshadowed so many of today’s technology policy debates.

]]> https://techliberation.com/2010/01/31/are-you-an-internet-optimist-or-pessimist-the-great-debate-over-technology%e2%80%99s-impact-on-society/feed/ 194 25554 review: A Better Pencil by Dennis Baron https://techliberation.com/2009/10/23/review-a-better-pencil-by-dennis-baron/ https://techliberation.com/2009/10/23/review-a-better-pencil-by-dennis-baron/#comments Fri, 23 Oct 2009 21:59:43 +0000 http://techliberation.com/?p=22849

A Better Pencil book coverI very much enjoyed Dennis Baron’s new book, A Better Pencil: Readers, Writers, and the Digital Revolution, and highly recommend you pick it up. Baron does a wonderful job exploring the history of techno-pessimism and the endless battles about the impact of new technologies on life and learning, something I have written about here before in my essays on “Internet optimists vs. pessimists” (See: 1, 2, 3).

I have a complete review of Baron’s A Better Pencil now up on the City Journal‘s website here.  I’ve also pasted it down below.

Plato Wrote it Down by Adam Thierer

a review of A Better Pencil: Readers, Writers, and the Digital Revolution, by Dennis Baron (Oxford University Press, 280 pp., $24.95)

In the beginning, Dennis Baron reminds us in his new book, A Better Pencil, there was the word—the spoken word, that is. Oral tradition, the passing of knowledge through stories and lectures, was the primary method of instruction and learning throughout early human civilization. But then a few innovative souls decided to start writing everything down on stones and clay. Almost as soon as they did, a great debate began on the impact of new communications technology on culture and education. And it rages on today, with a new generation of optimists and skeptics battling over the impact that computing, the Internet, and digital technologies have on our lives and on how we learn about the world.

Baron, a professor of English and linguistics at the University of Illinois, begins his splendid history of these debates with the well-known tale from Plato’s Phaedrus about the dangers of the written word. The Egyptian god Theuth boasts to King Thamus about how his invention of writing will improve the wisdom and memory of the masses. Thamus shoots back, “The discoverer of an art is not the best judge of the good or harm which will accrue to those who practice it.” Thamus then passes judgment on writing’s impact on society, saying he fears that the people “will receive a quantity of information without proper instruction, and in consequence be thought very knowledgeable when they are for the most part quite ignorant.”

Of course, as Baron points out, we remember this warning only “because Plato wrote it down.” It’s one of the recurrent ironies in the history of techno-skepticism that while “the shock of the new often brings out critics eager to warn us away,” those critics often embrace—or, at the very least, benefit from—the very tools that they want the rest of us to shun. Whether it’s Luddites On-Line winning Yahoo’s “Cool Site of the Day” award, or the Writing Instrument Manufacturers Association promoting National Handwriting Day via the Internet, or Ted Kaczynski’s Unabomber Manifesto attracting unprecedented readership thanks to its availability on the Web, those who have a “common tendency to romanticize the good old ways” of doing things often fail to appreciate how new technology can benefit society—including themselves.

Baron walks us through a litany of historical examples—the printing press, the telegraph, telephones, typewriters, pocket calculators, personal computers, word processors, webpages, blogs, social-networking sites, and more—and identifies the usual pattern: we greet each new technology with deep distrust and dire warnings, but in time we adapt to the new realities. Indeed, as a species, we have an unparalleled ability to learn new ways of doing things. We don’t always like technological change, and often we deeply resent or fear it, but in the end, we learn to live with it and eventually to embrace it.

With the rise of the Internet and digital technologies, we see this pattern unfolding once again. “According to the latest generation of critics and naysayers,” Baron notes, “today it is computers that are producing texts whose value and credibility we question; computers that are giving too many people control over the creation and publication of text; computers that are wreaking havoc with our handwriting.” Contemporary critics also fret over “information overload.”

The backlash against computers and digitization began while the Internet was still in its cradle, with the 1992 publication of Neil Postman’s anti-technology screed, Technopoly: The Surrender of Culture to Technology. Postman’s intellectual descendants include Internet critics such as Lee Siegel, Andrew Keen, and Mark Helprin, whose works drip with disdain for all things digital. They warn of a coming dystopia where truth and authority vanish, culture crumbles, and political polarization breeds closed-mindedness and even the death of deliberative democracy.

These overly pessimistic critics turn a blind eye to both the wonders of the digital age and humanity’s ability to adapt. As Baron persuasively argues, “English survives, conversation thrives online as well as off, and on balance, digital communications seems to be enhancing human interaction, not detracting from it.” In fact, we live in a world of unprecedented media abundance that previous generations would have found unimaginable. As Baron puts it: “The Internet is a true electronic frontier where everyone is on his or her own: all manuscripts are accepted for publication, they remain in virtual print forever, and no one can tell writers what to do.” Such human empowerment is worth celebrating, even if it does have the occasional downside. Abundance is better than a world of scarce choices and few voices.

Baron’s retelling of the history of techno-skepticism is edifying, but it leaves one with the nagging feeling that these debates will never cease. Each generation will witness a technological watershed that brings out a fresh crop of both pollyannas and pessimists. Like Plato, however, most of us will embrace whatever’s next and move forward.

]]> https://techliberation.com/2009/10/23/review-a-better-pencil-by-dennis-baron/feed/ 20 22849 What Unites Advocates of Speech Controls & Privacy Regulation? https://techliberation.com/2009/08/11/what-unites-advocates-of-speech-controls-privacy-regulation/ https://techliberation.com/2009/08/11/what-unites-advocates-of-speech-controls-privacy-regulation/#comments Tue, 11 Aug 2009 17:31:04 +0000 http://techliberation.com/?p=20255

What Unites Advocates of Speech Controls & Privacy Regulation? [pdf]

by Adam Thierer & Berin Szoka The Progress & Freedom Foundation, Progress on Point No. 16.19

Anyone who has spent time following debates about speech and privacy regulation comes to recognize the striking parallels between these two policy arenas. In this paper we will highlight the common rhetoric, proposals, and tactics that unite these regulatory movements. Moreover, we will argue that, at root, what often animates calls for regulation of both speech and privacy are two remarkably elitist beliefs:

  1. People are too ignorant (or simply too busy) to be trusted to make wise decisions for themselves (or their children); and/or,
  2. All or most people share essentially the same values or concerns and, therefore, “community standards” should trump household (or individual) standards.

While our use of the term “elitism” may unduly offend some understandably sensitive to populist demagoguery, our aim here is not to launch a broadside against elitism as Time magazine culture critic William H. Henry once defined it: “The willingness to assert unyieldingly that one idea, contribution or attainment is better than another.”[1] Rather, our aim here is to critique that elitism which rises to the level of political condescension and legal sanction. We attack not so much the beliefs of some leaders, activists, or intellectuals that they have a better idea of what it in the public’s best interest than the public itself does, but rather the imposition of those beliefs through coercive, top-down mandates.

That sort of elitism—elitism enforced by law—is often the objective of speech and privacy regulatory advocates. Our goal is to identify the common themes that unite these regulatory movements, explain why such political elitism is unwarranted, and make it clear how it threatens individual liberty as well as the future of free and open Internet. As an alternative to this elitist vision, we advocate an empowerment agenda: fostering an environment in which users have the tools and information they need to make decisions for themselves and their families.

I. The Elitism of Speech Regulation

First, consider how those two elitist beliefs identified above are on display when lawmakers or regulatory advocates make efforts to control speech or content.[2] Calls to regulate free speech are often premised on the belief that something must be done to “protect The Children.”[3] Personal and parental responsibility [4] are regarded as inadequate safeguards [5] since some parents will inevitably fall down on the job by not adequately shielding their children’s eyes and ears from potentially objectionable (or supposedly harmful) speech. Therefore, government must regulate content that is indecent, profane, excessively violent, and so on. The definition of those things is then left to unelected bureaucrats and judges to make on our behalf.

But it’s not just about “The Children.” Some regulatory advocates believe that even the choices made by consenting adults must be disregarded because some people fail to understand the supposedly destructive nature of the speech they are consuming. Government must act to protect people from making what some regulatory advocates regard as destructive or even immoral choices that could bring harm to them or their loved ones.

In sum, regulatory advocates are essentially saying that people cannot be trusted or left to their own devices and, therefore, government must intervene and establish a baseline “community standard” on behalf of the entire citizenry to tell them what‘s best for them.[6] Even if those citizens have tools and information at their disposal to make sensible decisions about objectionable content, that’s not good enough because they might not do the job properly. Government must do it for them!

II. The Elitism of Privacy Regulation

This same mentality motivates calls for privacy regulations. Those who call for government interventions to “protect privacy” often claim that people too willingly surrender personal information about themselves and that they don’t understand the adverse consequences of those actions.[7] Alternatively, regulatory advocates claim that advertising and marketing efforts are inherently “manipulative” and that people do not realize they are being duped into surrendering personal information or into buying products or services they supposedly don’t need.[8] Of course, those regulatory advocates rarely pause to explain to us how it is that they were not also duped and manipulated by the same things—again revealing their deeply-rooted elitism! (As discussed below, this makes it clear how the psychological phenomenon of “third-person effect hypothesis” is driving much of this debate.)

“Protecting The Children” is also used as a rhetorical cover for regulation here, but not as often in debates over speech controls.[9] Instead, regulatory advocates mostly focus on adults who are presumed not to know what is in their own best interest—necessitating paternalistic government intervention on their behalf.

III. Intellectual Schizophrenia on Both the Left & Right

What is particularly interesting about all this is the way these two issues expose a sort of intellectual schizophrenia at work on both the Left and Right of the political spectrum. Left-leaning policymakers and intellectuals typically decry censorship efforts (except where “commercial speech,” “hate speech” and “bias” are at issue), but are quick to rally around proposals to layer privacy regulations on the Internet. The opposite is often true of many on the Right of the political spectrum: They typically declare privacy regulations to be paternalistic and antithetical to free enterprise (or perhaps just erosive of efforts to legislate morality),[10] but in the next breath advocate controls on content they find objectionable.

Few on either side stop to consider the relationship between speech and privacy. In fact, they are but two sides of the same coin. After all, what is your “right to privacy” but a right to stop me from observing you and speaking about you?[11] “Protecting privacy,” therefore, typically means restricting speech rights in the process. Advocates of privacy regulation often insist that the use, processing and collection of information are “conduct” unprotected by the First Amendment, but in fact, the First Amendment broadly protects the gathering and distribution of information as part of the process of communication (“speech”).[12] Similarly, attempts to “clean up” speech or “protect The Children,” often require regulations that would betray the privacy of adults by expanding the role of government, and impose serious burdens on businesses and markets—such as age verification mandates [13] or extensive data retention requirements.[14]

IV. Common Tactics & Regulatory Mechanisms

The two movements also share common political tactics and regulatory approaches. Privacy advocates generally favor “opt-in” mandates as the federal “baseline standard” for any website collecting information about users, especially their browsing habits (regardless of whether the information is “personally identifiable”). In other words, the law would create a property right in such “personal information” (ironically, many advocates of this approach criticize or reject intellectual property.) In a similar vein, many advocates of speech controls push for mandatory parental control tools or restrictive default settings.[15] That is, if government won’t censor speech outright, regulatory advocates want lawmakers to at least (1) require that media, computing and communications devices be shipped to market with parental controls embedded or included (as proposed in Australia and with China’s “Green Dam” filter),[16] and possibly, (2) that such controls be defaulted to their most restrictive position—forcing users to opt-out of the controls later if they want to consume media rated above a certain threshold.

More sophisticated advocates of speech controls and privacy regulation will likely argue that their paternalism is less elitist or intrusive because they merely want to “nudge” the public into making “better” decisions. Economist Richard Thaler and legal scholar Cass Sunstein (director of President Obama’s Office of Information and Regulatory Affairs, responsible for analyzing most new federal regulations) popularized this approach with their 2008 book Nudge: Improving Decisions about Health, Wealth, and Happiness. Based on behavioral economics studies, they argue that both government and private actors must inevitably make decisions about “choice architecture” and that, by setting defaults, incentives and rules smartly, “choice architects” can and should improve decision-making without blocking, fencing-off or significantly burdening choices.[17]

In this regard, Sunstein and Thaler’s approach parallels the work of Lawrence Lessig, one of the most influential Internet policy thinkers. Lessig has argued that the “architecture” of “code” (how software is written) “regulates” all online activities and requires government oversight and intervention to keep in check. Otherwise, he warned ominously a decade ago, “Left to itself, cyberspace will become a perfect tool of control.”[18] Lessig’s hyper-pessimistic predictions have proven unwarranted, however. Far from fostering a world of “perfect control,” code and cyberspace have proven remarkably difficult to regulate, but nonetheless has generally benefited consumers and citizens without centralized direction.[19] Still, Lessig, Sunstein, and others of this ilk persist in their advocacy of “nudges” of many varieties to impose their will on cyberspace through mandates from above.

But while it might be possible to define “better decisions” and argue that poor choice architecture leads people to choose things they clearly don’t want in contexts like investment decisions and mortgages, how can elites know what other people really want in highly subjective contexts like privacy and speech? Should they rely on opinion polls—the highly subjective results of which depend heavily on “choice architecture” of question-crafting—to guess what the right default should be?[20] Was the Chinese proposal to mandate deployment of “Green Dam” just a harmless “nudge” because users weren’t barred from uninstalling the filtering software that must accompany their computers (i.e., “opting-out”)? The problem becomes even more difficult where trade-offs among competing values are inevitable. For example, data collection about Internet users raises privacy concerns for some but benefits all, creating more funding for “free” content (i.e., speech) and services users prefer by making more valuable the advertising that supports online publishers. In short, regulations of speech and privacy are likely to be pure paternalism, even when billed as “libertarian paternalism as Thaler and Sunstein label their approach.[21]

What might be called “regulatory blackmail” is also a time-honored tradition among both advocates of speech controls and privacy regulation. When censorship advocates have previously been impeded by the First Amendment, they have worked behind the scenes with lawmakers or regulatory agencies to use indirect pressure and strong-arming tactics to extract “voluntary concessions” from companies or others.[22] For example, in 2004, the FCC strong-armed radio giant Clear Channel into agreeing to a “voluntary” consent decree that involved taking Howard Stern off the air.[23] Similarly, in 2008, XM and Sirius Satellite Radio finally agreed to set aside 4% of their system capacity for use by politically favored racial minorities (a kind of speech control) as a “voluntary condition” of their merger—after the FCC had sat on their application for nearly 16 months.[24] This race-based preference would have been unconstitutional if the FCC had imposed it directly.[25] While the FTC has been far less prone to such abuse and actually plays a key role in holding companies to their promises, its current Chairman, Jon Leibowitz, has hung the “regulatory sword of Damocles” over the heads of the online advertising industry, threatening them with a “day of reckoning” if he doesn’t get what he wants from industry self-regulatory efforts.”[26] The sword could actually fall if the FTC turns self-regulation into the European model of “co-regulation,” where the government steers and industry simply rows.[27]

V. The Crisis Mentality that Drives Regulation

Speech and privacy regulatory advocates share another trait in common: an affinity for the use of a crisis mentality as a method of spurring political action. In his 1995 book The Vision of the Anointed: Self-Congratulation as a Basis for Social Policy, political philosopher and economist Thomas Sowell formulated a model that he argued drives ideological crusades to expand government power over our lives and economy. “The great ideological crusades of the twentieth-century intellectuals have ranged across the most disparate fields,” noted Sowell. But what they all had in common, he argued, was “their moral exaltation of the anointed above others, who are to have their different views nullified and superseded by the views of the anointed, imposed via the power of government.”[28] These government-expanding crusades shared several key elements, which Sowell identified as follows:

  1. Assertion of a great danger to the whole society, a danger to which the masses of people are oblivious.
  2. An urgent need for government action to avert impending catastrophe.
  3. A need for government to drastically curtail the dangerous behavior of the many, in response to the prescient conclusions of the few.
  4. A disdainful dismissal of arguments to the contrary as either uninformed, irresponsible, or motivated by unworthy purposes.

We see this model at work on a daily basis today with our government’s various efforts to reshape our economy, but the model is equally applicable to debates over speech controls and privacy regulation. In particular, the various “technopanics”[29] we have witnessed in recent years fit this model. For example, consider how this model plays out in the debate over online social networking:

  1. Assertion of a great danger to the whole society [online sexual predators], a danger to which the masses of people are oblivious.
  2. An urgent need for government action [such as mandatory online age verification [30] or the Deleting Online Predators Act [31]] to avert impending catastrophe.
  3. A need for government to drastically curtail the dangerous behavior of the many [must stop kids and adults from being online together on same sites], in response to the prescient conclusions of the few [some state Attorneys General].[32]
  4. A disdainful dismissal of arguments to the contrary as either uninformed, irresponsible, or motivated by unworthy purposes [child safety researchers and others are told that their research is meaningless or offbase].[33]

We also see this model in play in other debates, such as efforts to regulate “excessively violent” video games and television programming.[34] And consider how this model plays out on the privacy front:

  1. Assertion of a great danger to the whole society [amorphous privacy violations], a danger to which the masses of people are oblivious.
  2. An urgent need for government action [“baseline federal privacy regulation”] to avert impending catastrophe.
  3. A need for government to drastically curtail the dangerous behavior of the many [anyone who shares information online], in response to the prescient conclusions of the few [a handful of privacy advocacy groups].
  4. A disdainful dismissal of arguments to the contrary as either uninformed, irresponsible, or motivated by unworthy purposes [any suggestion that privacy concerns are being overblown and that most information-sharing is socially beneficial is dismissed out-of-hand].

Worse yet, regulatory intervention in these cases simply begets more and more intervention to correct the inevitable failures of, or dissatisfaction with, previous interventions.[35] Thus, the “crisis” cycle never ends.

VI. Third-Person Effect Hypothesis as an Explanation

Something more profound than simple political elitism seems to be at work here, however. A phenomenon psychologists refer to as the “third-person effect hypothesis” can explain many calls for government intervention, especially in the media world.[36] Simply stated, speech and privacy critics sometimes seem to only see and hear in media or communications what they want to see and hear—or what they don’t want to see or hear. When they encounter perspectives or preferences that are at odds with their own, they are more likely to be concerned about the impact of those things on others throughout society and come to believe that government must “do something” to correct those perspectives. Many people desire regulation because they think it will be good for others, not necessarily for themselves. The regulation they desire has a very specific purpose in mind: “re-tilting” speech or market behavior in their desired direction.

The third-person effect hypothesis was first formulated by W. Phillips Davison in a seminal 1983 article:

In its broadest formulation, this hypothesis predicts that people will tend to overestimate the influence that mass communications have on the attitudes and behavior of others. More specifically, individuals who are members of an audience that is exposed to a persuasive communication (whether or not this communication is intended to be persuasive) will expect the communication to have a greater effect on others than on themselves.[37]

Davison used this hypothesis to explain how media critics on both the Left and Right seemed to simultaneously find “bias” in the same content or reports when they couldn’t possibly both be correct. In reality, their own personal preferences were biasing their ability to fairly evaluate that content. Davison’s article prompted further research by many other psychologists, social scientists, and public opinion experts to test just how powerful this phenomenon was in explaining calls for censorship and other social phenomena.[38] In these studies, third-person effect has been shown to be the primary explanation for why many people fear—or even want to ban—various types of speech or expression, including news,[39] misogynistic rap lyrics,[40] television violence,[41] video games,[42] and pornography.[43] In each case, the subjects surveyed expressed strong misgivings about allowing others to see or hear too much of the speech or expression in question, but greatly discounted the impact of that speech on themselves. Such studies thus reveal the strong paternalistic instinct behind proposals to regulate speech. As Davison notes:

Insofar as faith and morals are concerned… it is difficult to find a censor who will admit to having been adversely affected by the information whose dissemination is to be prohibited. Even the censor’s friends are usually safe from the pollution. It is the general public that must be protected. Or else, it is youthful members of the general public, or those with impressionable minds.[44]

It’s easy to see how this same phenomenon is at work in debates about privacy. Regulatory advocates imagine their preferences are “correct” (right for everyone) and that the masses are being duped by external forces beyond their control or comprehension, even though the advocates themselves are somehow immune from the brain-washing and privy to some higher truth that the hoi polloi simply cannot fathom. Again, this is Sowell’s “Vision of the Anointed” at work.

Consider the flare-up in 2004 over the introduction of Gmail, Google’s free email service. At a time when Yahoo! mail (then as now the leading webmail provider) offered customers less than 10 megabytes of email storage, Gmail offered an astounding gigabyte of storage that would grow over time (now over 7 GB). Rather than charging some users for more storage or special features, Google paid for the service by showing advertisements next to each email “contextually” targeted to keywords in that email—a far more profitable form of advertising than “dumb banner” ads previously used by other webmail providers.[45] Self-appointed (or, to extend Sowell’s framework, “self-anointed”) privacy advocates howled that Google was going to “read users’ email,” and led a crusade to ban such algorithmic contextual targeting.[46] Thierer responded to these critics by pointing out that the service was purely voluntary and noted:

you don’t speak for me and a lot of other people in this world who will be more than happy to cut this deal with Google. So do us a favor and don’t ask the government to shut down a service just because you don’t like it. Privacy is a subjective condition and your value preferences are not representative of everyone else’s values in our diverse nation. Stop trying to coercively force your values and choices on others. We can decide these things on our own, thank you very much.[47]

Interestingly, however, the frenzy of hysterical indignation about Gmail was followed by a collective cyber-yawn: Users increasingly understood that algorithms, not humans, were doing the “reading” and that, if they didn’t like it, they didn’t have to use it. Today, nearly 150 million of people around the world use Gmail, and it has a steadily growing share of the webmail market. Even though cyber-consumers have embraced the service, some privacy advocates persist in their effort to shut down Gmail. They appear determined to stop at nothing to impose their will on others—the essence of political elitism—even if that means cutting off free email service for 150 million people![48]

A similar debate has played out more recently regarding targeted online advertising in general. Advertising on search engines is, much like Gmail, targeted “contextually” based on search terms entered by users and most advertising on other websites is based on the nature of content on a site or page. But certain data is collected about users as they browse to make that advertising more effective—by measuring its performance, reducing fraud, preventing over-exposure, etc. Some privacy advocates have insisted that industry self-regulation of such practices (even if enforced by the FTC) is inadequate and have called for preemptive regulation. They are even more offended by “behavioral advertising” which allows publishers whose content would have little value as the basis for contextually targeting advertising on their own sites to compete for more highly valued advertising by showing ads to users based on other sites they’ve visited. In both cases, data collection can increase the funding available to publishers to produce more of the content and services preferred by users, thus conferring an enormous indirect benefit on users, but also directly benefits users by increasing the relevance of the advertising they see.[49] For some of the more extreme advocates of privacy regulation, however, there are no trade-offs, only absolutist “solutions:” To them, privacy is so obviously desirable that they feel at ease in deciding what’s best for everyone else. Such absolutists often respond with righteous indignation and conspiratorial fulmination when challenged to identify the harm against which they’re protecting consumers, while disdainfully dismissing all talk of the benefits of online advertising as self-serving industry propaganda.[50]

VII. The Principled Alternative: Trust People & Empower Them

There is an alternative to this elitist mentality: freedom and personal responsibility. Individuals should be permitted to live a life of their own, even if they sometimes make mistakes or choices that are at odds with what elites think is best for them. [51]

Of course, the world isn’t perfect. In an ideal world, adults would be fully empowered to tailor speech and privacy decisions to their own values and preferences. Specifically, in an ideal world, adults (and parents) would have (1) the information necessary to make informed decisions and (2) the tools and methods necessary to act upon that information. Importantly, those tools and methods would give them the ability to not only block the things they don’t like—objectionable content, annoying ads or the collection of data about them—while also finding the things they want.

Achieving that ideal is likely impossible, but the good news is that we are moving closer to it with each passing day. Citizens have more tools and methods at their disposal than ever before which enable them to make decisions for themselves and their families. And this is true for both parental controls [52] and privacy controls.[53]

Of course, some speech and privacy elitists will argue that we can’t trust empowerment tools ( e.g., filters, rating systems, or other controls) that are created by companies or other affected parties. But rather than trying to enhance those tools and educate users about how to use them, these elitists skip right past user empowerment and channel their energies into regulations that would impose a top-down, one-size-fits all standard on all adults and families—or even into trying to craft the perfect “nudge” that will help users make what elites believe to be the “right” decisions. Of course, these tools can, and should, be improved. Those groups worried about speech/content and privacy issues should focus on how we might drive such protections from the bottom-up by empowering individuals instead of government bureaucrats. The goal in both cases should be a “let-a-thousand-flowers-bloom” approach, which offers diverse tools and strategies for our diverse citizenry.[54] We need not accept “one-size-fits” all approaches, whether they be regulatory mandates or “nudges,” based on the presumption that elites know best.

Finally, it is vital not to lose sight of what’s ultimately at stake here. If regulatory approaches trump the empowerment agenda we have described, the future of a free and open Internet—indeed, as technology converges, the future of all media—is at risk.[55] By imposing technological solutions from the top-down that can never keep pace with technological change, regulation necessarily forecloses freedom and innovation.[56] By contrast, individual empowerment allows innovation to flourish. The better approach across the board is education, not regulation.[57] Empowerment, not elitism, is the path forward. The digital elite should be leading this effort by developing and promoting technologies of empowerment, not crafting regulatory mandates to force their will upon us.[58]

#

Adam Thierer is a Senior Fellow with The Progress & Freedom Foundation and the director of its Center for Digital Media Freedom. Berin Szoka  is a Senior Fellow with PFF and the Director of PFF’s Center for Internet Freedom.

[1] . William A. Henry, In Defense of Elitism (1995) at 2-3.

[2] . See Adam Thierer, The Progress & Freedom Foundation, Congress, Content Regulation, and Child Protection: The Expanding Legislative Agenda, Progress Snapshot 4.4, Feb. 2008, www.pff.org/issues-pubs/ps/2008/ps4.4childprotection.html. Like American courts, we use the term “speech” as a broad catch-all for communications, including both actual speaking as well as other forms of transmitting, as well as receiving, information (“content”).

[3] . See generally Adam Thierer, Don’t Scapegoat Media, USA Today, Dec. 4, 2008, www.pff.org/issues-pubs/ps/2008/ps4.24scapegoatmedia.html; Marjorie Heins, Not in Front of the Children, “Indecency,” Censorship, and the Innocence of Youth (2001); Karen Sternheimer, It’s Not the Media: The Truth about Pop Culture’s Influence on Children (2003); Karen Sternheimer, Kids These Days: Facts and Fictions about Today’s Youth (2006).

[4] . See Adam Thierer, The Progress & Freedom Foundation, FCC Violence Report Concludes that Parenting Doesn’t Work, PFF Blog, Apr. 26, 2007, http://blog.pff.org/archives/2007/04/fcc_violence_re.html.

[5] . See Adam Thierer, The Progress & Freedom Foundation, Sen. Rockefeller Gives Up on Parenting at Senate Violence Hearing, PFF Blog, June 26, 2007, blog.pff.org/archives/2007/06/sen_rockefeller_1.html.

[6] . Adam Thierer, Conservatives, Porn, and “Community Standards,” The Technology Liberation Front, March 2, 2009, http://techliberation.com/2009/03/02/conservatives-porn-and-community-standards.

[7] . Berin Szoka & Adam Thierer, The Progress & Freedom Foundation, Online Advertising & User Privacy: Principles to Guide the Debate, Progress Snapshot 4.19, Sept. 2008, www.pff.org/issues-pubs/ps/2008/ps4.19onlinetargeting.html.

[8] . Jeff Chester, for decades the great gadfly of American advertising, has decried “the system … developed to track each and every one of us and our behavior for one-on-one marketing efforts” as “manipulative, intrusive and un-democratic.” Wendy Melillo, Q&A: Chester Writes the Book on Privacy, Dec. 11, 2007, www.gfem.org/node/227. For instance, Chester and other leading “privacy advocates” ridicule the idea of smart phones as a “liberating technology” and insist that,

Despite the glowing words about customization and personalized service, what marketers and advertisers are increasingly offering consumers is merely the illusion of free choice. Mobile operators offer their various options and services, not on an individual basis, but preconfigured according to segmented demographic profiles.

Center for Digital Democracy and U.S. Public Interest Research Group, Complaint and Request for Inquiry and Injunctive Relief Concerning Unfair and Deceptive Mobile Marketing Practices, Jan. 13, 2009 (emphasis original), www.democraticmedia.org/files/FTCmobile_complaint0109.pdf. See generally Berin Szoka & Adam Thierer, The Progress & Freedom Foundation, Targeted Online Advertising: What’s the Harm & Where Are We Heading?, Progress on Point 16.2, Feb. 2009, www.pff.org/issues-pubs/pops/2009/pop16.2targetonlinead.pdf.

[9] . Berin Szoka & Adam Thierer, The Progress & Freedom Foundation, COPPA 2.0: The New Battle over Privacy, Age Verification, Online Safety & Free Speech, Progress on Point 16.11, May 2009, www.pff.org/issues-pubs/pops/2009/pop16.11-COPPA-and-age-verification.pdf.

[10] . The Supreme Court has used a “right to privacy” to strike down laws against the use of contraception by married couples, Griswold v Connecticut, 381 U.S. 479 (1965), and abortion, Roe v. Wade, 410 U.S. 113 (1973).

[11] . Eugene Volokh, Freedom of Speech and Information Privacy: The Troubling Implications of a Right to Stop People From Speaking About You, 52 Stanford L. Rev. 1049 (2000), available at www.pff.org/issues-pubs/pops/pop7.15freedomofspeech.pdf.

[12] . See , Amicus Brief for Association Of National Advertisers, Cato Institute, Coalition For Healthcare Communication, Pacific Legal Foundation And The Progress & Freedom Foundation In Support Of Appellants, IMS Health v. Sorrell, No. 09-1913-cv(L), 09-2056-cv(CON) (2nd Cir. 2009), available at www.pff.org/issues-pubs/filings/2009/071309-Brief-Amici-Curiae-ANA-et-al-Second-Circuit-(09-1913-cv).pdf.

[13] . See Adam Thierer, The Progress & Freedom Foundation, Social Networking and Age Verification: Many Hard Questions; No Easy Solutions, Progress on Point No. 14.5, March 2007, www.pff.org/issues-pubs/ pops/pop14.8ageverificationtranscript.pdf; www.pff.org/issues-pubs/pops/pop14.5ageverification.pdfAdam Thierer, The Progress & Freedom Foundation, Statement Regarding the Internet Safety Technical Task Force’s Final Report to the Attorneys General, Jan. 14, 2008, www.pff.org/issues-pubs/other/090114ISTTFthiererclosingstatement.pdf; Nancy Willard, Why Age and Identity Verification Will Not Work—And is a Really Bad Idea, Jan. 26, 2009, www.csriu.org/PDFs/digitalidnot.pdf; Jeff Schmidt, Online Child Safety: A Security Professional’s Take, The Guardian, Spring 2007, www.jschmidt.org/AgeVerification/Gardian_JSchmidt.pdf.

[14] . Adam Thierer, The Progress & Freedom Foundation, Mandatory Data Retention: How Much is Appropriate, PFF Blog, June 26, 2006, http://blog.pff.org/archives/2006/06/mandatory_data.html

[15] . Adam Thierer, The Progress & Freedom Foundation, The Perils of Mandatory Parental Controls and Restrictive Defaults, Progress on Point 14.4, Apr. 11, 2008, www.pff.org/issues-pubs/pops/2008/pop15.4defaultdanger.pdf.

[16] . Adam Thierer, China’s Green Dam Filter and the Threat of Rising Global Censorship, PFF Blog, June 17, 2009, http://blog.pff.org/archives/2009/06/chinas_green_dam_filter_and_threat_of_rising_globa.html

[17] . They define choice architecture as follows: “A structure designed by a choice architect(s) to improve the quality of decisions made by homo sapiens. Often invisible, choice architecture is the specific user-friendly shape of an organization’s policy or physical building when homo sapiens come into contact with it. Examples of choice architecture include a voter ballot, a procedure for handling well-meaning people who forget a deadline, or a skyscraper.” Nudge Glossary of Terms, www.nudges.org/glossary.cfm.

[18] . Lawrence Lessig, Code and Other Laws of Cyberspace (1999) at 6.

[19] . See Adam Thierer, Code, Pessimism, and the Illusion of “Perfect Control,” Cato Unbound, May 2009, www.cato-unbound.org/2009/05/08/adam-thierer/code-pessimism-and-the-illusion-of-perfect-control

[20] . See Solveig Singleton & Jim Harper, With A Grain of Salt: What Consumer Privacy Surveys Don’t Tell Us, 2001, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=299930.

[21] . As Cato Institute scholar Will Wilkinson has argued, the book’s “agreeably banal doctrine of choice-preserving helpfulness” blurs the lines between paternalism and libertarianism, and thus “the thrust of the conceptual renovation behind the term libertarian paternalism is to empower, not limit, political elites.” Why Opting Out Is No “Third Way,” Reason, October 2008, www.reason.com/news/show/128916.html. See also Adam Thierer, The Progress & Freedom Foundation, Sunstein’s “Libertarian Paternalism” is Really Just Paternalism, PFF Blog, April 7, 2008, http://blog.pff.org/archives/2008/04/sunsteins_liber.html.

[22] . See Robert Corn-Revere, “’Voluntary’ Self-Regulation and the Triumph of Euphemism,” in Rationales & Rationalizations: Regulating the Electronic Media (Robert Corn-Revere, ed., 1997), at 183-208.

[23] . Telecom Policy Report, Commission Settles Indecency Charges, But At What Cost?, June 30, 2004, http://findarticles.com/p/articles/mi_m0PJR/is_25_2/ai_n6091525.

[24] . See Adam Thierer, XM-Sirius, Regulatory Blackmail, and Diversity, June 17, 2008, http://blog.pff.org/archives/2008/06/xmsirius_regula.html.

[25] . See Comments of W. Kenneth Ferree on Implementation of Sirius-XM Merger Condition, The Progress & Freedom Foundation, MB Docket No. 07-57, March 30, 2009, www.pff.org/issues-pubs/filings/2009/033009siriusXMconditionfiling.pdf.

[26] . See Szoka & Adam Thierer, supra note 8 at 3.

[27] . See id. at 2.

[28] . Thomas Sowell, The Vision of the Anointed: Self-Congratulation as a Basis for Social Policy (1995) at 5.

[29] . Alice Marwick, To Catch a Predator? The MySpace Moral Panic, First Monday, Vol. 13, No. 6-2, June 2008, www.uic.edu/htbin/cgiwrap/bin/ojs/index.php/fm/article/view/2152/1966; Wade Roush, The Moral Panic over Social Networking Sites, Technology Review, Aug. 7, 2006, www.technologyreview.com/communications/17266; Anne Collier, Why Techopanics are Bad, Net Family News, April 23, 2009, www.netfamilynews.org/2009/04/why-technopanics-are-bad.html; Adam Thierer, Parents, Kids & Policymakers in the Digital Age: Safeguarding Against ‘Techno-Panics,’ Inside ALEC, July 2009, at 16-17, www.alec.org/am/pdf/Inside_July09.pdf; Adam Thierer, Progress & Freedom Foundation, Technopanics and the Great Social Networking Scare, PFF Blog, June 10, 2008, http://techliberation.com/2008/07/10/technopanics-and-the-great-social-networking-scare.

[30] . Supra note 13.

[31] . In the 109th Congress, former Rep. Michael Fitzpatrick (R-PA) introduced the Deleting Online Predators Act (DOPA), which proposed a ban on social networking sites in public schools and libraries. DOPA passed the House of Representatives shortly thereafter by a lopsided 410-15 vote, but failed to pass the Senate. The measure was reintroduced just a few weeks into the 110th Congress by Senator Ted Stevens (R-AK), the ranking minority member and former chairman of the Senate Commerce Committee. It was section 2 of a bill that Sen. Stevens sponsored titled the “Protecting Children in the 21st Century Act” (S. 49), but was later removed from the bill. See Declan McCullagh, Chat Rooms Could Face Expulsion, CNet News.com, July 28, 2006, http://news.com.com/2100-1028_3-6099414.html?part=rss&tag=6099414&subj=news.

[32] . See Emily Steel & Julia Angwin, MySpace Receives More Pressure to Limit Children’s Access to Site, Wall Street Journal, June 23, 2006, online.wsj.com/public/article/SB115102268445288250-YRxkt0rTsyyf1QiQf2EPBYSf7iU_20070624.html; Susan Haigh, Conn. Bill Would Force MySpace Age Check, Yahoo News.com, March 7, 2007, www.msnbc.msn.com/id/17502005.

[33] . See, e.g., Letter of Henry McMaster, Attorney General, South Carolina to Attorney General Richard Blumenthal and Attorney General Roy Cooper Regarding Internet Safety Task Force (“ISTTF”) Report, January 14, 2009, www.scag.gov/newsroom/pdf/2009/internetsafetyreport.pdf

[34] . See Adam Thierer, The Progress & Freedom Foundation, Video Games and “Moral Panic,” PFF Blog, Jan. 23, 2009, http://blog.pff.org/archives/2009/01/video_games_and_moral_panic.html ; Adam Thierer, The Progress & Freedom Foundation, Fact and Fiction in the Debate over Video Game Regulation, Progress Snapshot 13.7, March 2006, www.pff.org/issues-pubs/pops/pop13.7videogames.pdf.

[35] . “All varieties of interference with the market phenomena not only fail to achieve the ends aimed at by their authors and supporters, but bring about a state of affairs which—from the point of view of their authors’ and advocates’ valuations—is less desirable than the previous state affairs which they were designed to alter. If one wants to correct their manifest unsuitableness and preposterousness by supplementing the first acts of intervention with more and more of such acts, one must go farther and farther until the market economy has been entirely destroyed and socialism has been substituted for it.” Ludwig von Mises, Human Action, at 858 (3rd ed. 1963) (1949).

[36] . See generally Adam Thierer, The Progress & Freedom Foundation, Media Myths: Making Sense of the Debate over Media Ownership (2005) at 119-123, www.pff.org/issues-pubs/books/050610mediamyths.pdf (Explaining how the third-person effect serves as a powerful explanation for the heated backlash that followed an FCC effort to moderately liberalize media ownership rules in 2003-04).

[37] . W. Phillips Davison, The Third-Person Effect in Communication, 47 Public Opinion Quarterly 1, Spring 1983, at 3.

[38] . For the best overview of third-person effect research, see Douglas M. McLeod, Benjamin H. Detenber, and William P. Eveland., Jr., Behind the Third-Person Effect: Differentiating Perceptual Processes for Self and Other, 51 Journal of Communication, Vol. 51, No. 4, 2001, at 678-695.

[39] . Vincent Price, David H. Tewksbury & Li-Ning Huang, Third-person Effects of News Coverage: Orientations Toward Media, Journalism & Mass Communications Quarterly, Vol. 74, at 525-540.

[40] . Douglas M. McLeod, William P. Eveland & Amy I. Nathanson, Support for Censorship of Violent and Misogynic Rap Lyrics: And Analysis of the Third-Person Effect, Communications Research, Vol. 24, 1997, at 153-174.

[41] . Hernando Rojas, Dhavan V. Shah, and Ronald J. Faber, For the Good of Others: Censorship and the Third-Person Effect, International Journal of Public Opinion Research, Vol. 8, 1996, at 163-186.

[42] . James D. Ivory, Addictive, But Not For Me: The Third-Person Effect and Electronic Game Players’ Views Toward the Medium’s Potential for Dependency and Addiction, University of North Carolina at Chapel Hill, School of Journalism and Mass Communication, Aug. 2002.

[43] . Albert C. Gunther, Overrating the X-rating: The Third-person Perception and Support for Censorship of Pornography, Journal of Communication, Vol. 45, No. 1, 1995, at 27-38

[44] . Supra note 37 at 14. Along these lines, a December 2004 Washington Post article documented the process by which the Parents Television Council, a vociferous censorship advocacy group, screens various television programming. One of the PTC screeners interviewed for the story talked about the societal dangers of various broadcast and cable programs she rates, but then also noted how much she personally enjoys HBO’s “The Sopranos” and “Sex and the City,” as well as ABC’s “Desperate Housewives.” Apparently, in her opinion, what’s good for the goose is not good for the gander! See Bob Thompson, Fighting Indecency, One Bleep at a Time, The Washington Post, Dec. 9, 2004, at C1, www.washingtonpost.com/wp-dyn/articles/A49907-2004Dec8.html.

[45] . See Chris Anderson, Free: The Future of a Radical Price at 112-118 (2009).

[46] . See Letter from Chris Jay Hoofnagle, Electronic Privacy Information Center, Beth Givens, Privacy Rights Clearinghouse, Pam Dixon, World Privacy Forum, to California Attorney General Lockyer, May 3, 2004, http://epic.org/privacy/gmail/agltr5.3.04.html.

[47] . See email from Adam Thierer to Declan McCullaugh on Politech Email discussion group, April 30, 2004, http://lists.jammed.com/politech/2004/04/0083.html (emphasis added).

[48] . See Complaint and Request for Injunction of the Electronic Privacy Information Center against Google, Inc., March 17, 2009, http://epic.org/privacy/cloudcomputing/google/ftc031709.pdf; see also Ryan Radia, Should the FTC Shut Down Gmail and Google Docs Because of an Already-Fixed Bug?, Technology Liberation Front Blog, March 18, 2009, http://techliberation.com/2009/03/18/should-the-ftc-shut-down-gmail-and-google-docs-because-of-an-already-fixed-bug/.

[49] . See Berin Szoka & Mark Adams, The Progress & Freedom Foundation, The Benefits of Online Advertising & the Costs of Regulation, PFF Working Paper, forthcoming.

[50] . Anti-advertising crusader Jeff Chester often resorts to questioning the motives of those who question whether his regulatory prescriptions would actually benefit consumers, see, e.g., http://techliberation.com/2009/06/17/behavioral-advertising-industry-practices-hearing-some-issues-that-need-to-be-discussed/#comment-11698840. See generally Jeff Chester, Digital Destiny: New Media and the Future of Democracy (2007).

[51] . “The only freedom which deserves the name is that of pursuing our own good in our own way, so long as we do not attempt to deprive others of theirs or impede their efforts to obtain it. Each is the proper guardian of his own health, whether bodily or mental and spiritual.” John Stuart Mill, On Liberty (Penguin Classics, 1859, 1986) at 72.

[52] . Adam Thierer, The Progress & Freedom Foundation, Parental Controls & Online Child Protection, Special Report, Version 4.0, Summer 2009, www.pff.org/parentalcontrols.

[53] . Adam Thierer, Berin Szoka & Adam Marcus, The Progress & Freedom Foundation, Privacy Solutions, PFF Blog, Ongoing Series, http://blog.pff.org/archives/ongoing_series/privacy_solutions.

[54] . Comments of Adam Thierer, The Progress & Freedom Foundation, In the Matter of Implementation of the Child Save Viewing Act; Examination of Parental Control Technologies for Video or Audio Programming; MB Docket No. 09-26, April 16, 2009, www.pff.org/issues-pubs/filings/2009/041509-%5bFCC-FILING%5d-Adam-Thierer-PFF-re-FCC-Child-Safe-Viewing-Act-NOI-(MB-09-26).pdf.

[55] . See Adam Thierer, FCC v. Fox and the Future of the First Amendment in the Information Age, Engage, Feb. 20, 2009, www.fed-soc.org/doclib/20090216_ThiererEngage101.pdf

[56] . “To act on the belief that we possess the knowledge and the power which enable us to shape the processes of society entirely to our liking, knowledge which in fact we do not possess, is likely to make us do much harm.” Friedrich von Hayek, “The Pretence of Knowledge,” in The Essence of Hayek, (Hoover Inst., 1984), at 276.

[57] . Adam Thierer, The Progress & Freedom Foundation, Two Sensible, Education-Based Legislative Approaches to Online Child safety, Progress Snapshot 3.10, Sept. 2007, www.pff.org/issues-pubs/ps/2007/ps3.10safetyeducationbills.pdf.

[58] . See, e.g., Berin Szoka, Google, CDT, Online Advertising & Preserving Persistent User Choice Across Ad Networks Through Plug-ins, Technology Liberation Front Blog, March 13, 2009, http://techliberation.com/2009/ 03/13/google-cdt-online-advertising-preserving-persistent-user-choice-across-ad-networks-through-plug-ins/.

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