generative – 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 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 More Challenges to the Lessig-Zittrain-Wu Thesis https://techliberation.com/2011/02/27/more-challenges-to-the-lessig-zittrain-wu-thesis/ https://techliberation.com/2011/02/27/more-challenges-to-the-lessig-zittrain-wu-thesis/#comments Sun, 27 Feb 2011 17:29:24 +0000 http://techliberation.com/?p=35345

Writing over at Forbes, Bret Swanson notes that the progression of information technology history isn’t going so well for those Net pessimists who, not so long ago, predicted that the sky was set to fall on consumers and that digital innovation was dying. Specifically, Swanson addresses the theories set forth by cyberlaw professors Lessig, Zittrain, and Wu (among others), whose theories about “perfect control,” the death of “generativity,” and the rise of the “master switch,” I have addressed here many time before.  [See this compendium of TLF essays discussing “Problems with the Lessig-Zittrain-Wu Thesis.”] Swanson summarizes what went wrong with their gloomy Chicken Little theories and their predictions of the coming cyber end-times:

As the cloud wars roar, the cyber lawyers simmer. This wasn’t how it was supposed to be. The technology law triad of Harvard’s Lawrence Lessig and Jonathan Zittrain and Columbia’s Tim Wu had a vision. They saw an arts and crafts commune of cyber-togetherness. Homemade Web pages with flashing sirens and tacky text were more authentic. “Generativity” was Zittrain’s watchword, a vague aesthetic whose only definition came from its opposition to the ominous “perfect control” imposed by corporations dictating “code” and throwing the “master switch.” In their straw world of “open” heros and “closed” monsters, AOL’s “walled garden” of the 1990s was the first sign of trouble. Microsoft was an obvious villain. The broadband service providers were  of course dangerous gatekeepers, the iPhone was too sleek and integrated, and now even Facebook threatens their ideal of uncurated chaos. These were just a few of the many companies that were supposed to kill the Internet. The triad’s perfect world would be mostly broke organic farmers and struggling artists. Instead, we got Apple’s beautifully beveled apps and Google’s intergalactic ubiquity. Worst of all, the Web started making money.

Swanson goes on to argue that, despite all the hang-wringing we’re heard from this triumvirate and their many, many disciples in the academic and regulatory activist world, things just keep getting more innovative, more generative, and yes, even more “open.”  As I noted in my book chapter on “The Case for Internet Optimism, Part 2 – Saving the Net From Its Supporters” as well as my recent Reason magazine essay on “The Rise of Cybercollectivism,” scholars like Lessig, Zittrain, and Wu:

seem trapped in what Virginia Postrel labeled the “stasis mentality” in her 1998 book The Future and Its Enemies. They want an engineered world that promises certain outcomes. They are prone to taking snapshots of market activity and suggesting that those temporary patterns are permanent disasters requiring immediate correction. (Recall Lessig’s fear of AOL, which once had 25 million subscribers who were willing to pay $20 a month to get a guided tour of the Internet, but which ignored the rise of search and social networks at its own peril. It didn’t help that the company’s disastrous merger with Time Warner ended with over $100 billion in shareholders losses and an eventual divorce.) The better approach is what Postrel termed dynamism: “a world of constant creation, discovery, and competition.” Dynamism places heavy stress on the heuristic and believes there is inherent value in an experimental, evolutionary process, no matter how messy it can be in practice.

Moreover, I think these scholars fail to appreciate a point I tried to make in my essay earlier this week on “Techno-Panic Cycles“:

many people overlook the importance of human adaptability and resiliency.  The amazing thing about humans is that we adapt so much 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 given to us and make them part of our lives and culture.

Just as that is true for social or speech-related technology developments, so too for economic developments. People don’t sit still — consumers, coders, new companies, etc. — they respond to marketplace developments and incentives. They seek out new ways of doing things.  They hack. They crack. They code. They are always looking to build or buy a better mousetrap. And when they find them, they don’t just settle for the state-of-the-art ; they expect everything to be reworked and re-launched constantly with revisions and improvements at every level. For example, the original Verizon Droid 1 that I got just 15 months ago now feels like an antique compared to the latest devices on the market. I am dying to upgrade to a new model, which will give me more processing power, more storage, more high-speed access, more apps, more of everything. I am so pampered by the pace of progress that expect and demand it!

No doubt, the ivory tower worrywarts will continue to grumble about how their techno-cratic philosopher king approach would supposedly make the world even more innovative and consumer-friendly, if only we adopted a healthy dose of top-down planning and centralized direction. But we need to ask ourselves whether their prescription for planning can really beat the track record that is unfolding on a daily basis right before our eyes.

]]> https://techliberation.com/2011/02/27/more-challenges-to-the-lessig-zittrain-wu-thesis/feed/ 3 35345 Are Digital Generativity and Openness Overrated? https://techliberation.com/2010/02/23/are-digital-generativity-and-openness-overrated/ https://techliberation.com/2010/02/23/are-digital-generativity-and-openness-overrated/#comments Wed, 24 Feb 2010 03:34:42 +0000 http://techliberation.com/?p=26473

So, do I need to remind everyone of my ongoing rants about Jonathan Zittrain’s misguided theory about the death of digital generativity because of the supposed rise of “sterile, tethered” devices? I hope not, because even I am getting sick of hearing myself talk about it. But here again anyway is the obligatory listing of all my tirades: 1, 2, 3, 4, 5, 6, 7, 8 + video and my 2-part debate with Lessig and him last year.

You will recall that the central villain in Zittrain’s drama The Future of the Internet and How to Stop It is big bad Steve Jobs and his wicked little iPhone. And then, more recently, Jonathan has fretted over those supposed fiends at Facebook. Zittrain’s worries that “we can get locked into these platforms” and that “markets [will] coalesce [around] these tamer gated communities,” making it easier for both corporations and governments to control us.  More generally, Zittrain just doesn’t seem to like that some people don’t always opt for the same wide open general purpose PC experience that he exalts as the ideal. As I noted in my original review of his book, Jonathan doesn’t seem to appreciate that it may be perfectly rational for some people to seek stability and security in digital devices and their networking experiences—even if they find those solutions in the form of “tethered appliances” or “sterile” networks, to use his parlance.

Every once and awhile I find a sharp piece by someone out there who is willing to admit that they see nothing wrong with such “closed” platforms or devices, or they even argue that those approaches can be superior to the more “open” devices and platforms out there. That’s the case with this Harry McCracken rant over at Technologizer today with the entertaining title, “The Verizon Droid is a Loaf of Day-Old Bread.” McCracken goes really hard on the Droid — which hurts because I own one! — and I’m not sure I entirely agree with his complaint about it, but what’s striking is how it represents the antithesis of Zittrainianism: 

Yesterday, Google announced Google Earth for Android. It looks neat–and it requires Android 2.1, so it won’t run on the less-than-four-months-old Droid. That’ll get fixed when Verizon rolls out an update for the Droid, which may happen soon. But it points out frustrating, potentially crippling issues with Android: The platform is splintering, and it’s changing so rapidly that the majority of Android handsets feel stale. Even the Droid–I’m not sure if it’s a coincidence that Amazon is selling it for fifty bucks, or one-quarter of Verizon’s original after-rebate price. Over at InfoWorld, Galen Gruman has a good post with more evidence of Android’s fractured nature. There are multiple, incompatible versions of the OS out there, and I don’t know of any good reason to think the situation’s going to get better rather than worse. Google surely isn’t setting a good example by releasing an Android version of Google Earth which won’t run on most Android phones.

But wait… doesn’t Android represent an example of near Nirvana in terms of Zittrainian generativity? Isn’t this the model we should all be hungry to have dominate all devices? McCracken sure doesn’t think so. He’s all aboard the Steve Jobs “Screw Openness” Express:

Do I need to recap the situation with Apple’s iPhone OS? It gets only one major upgrade a year, instantly available to all owners of existing devices, and all software works on any iPhone OS gizmo that has the proper hardware. Android will never be like that, of course: It’s an open-source product that runs on an array of gadgets with varying hardware specs and capabilities. But how big a bummer is it going to be if it takes a nerdish interest in version numbers to determine if a given app works on your phone? Isn’t it a problem if the hot Android phone of the 2009 holiday season feels stale by February, even if the situation is somewhat temporary? In short, wouldn’t it be healthy for Android if it evolved a little more slowly, and everyone responsible for its fate agreed that compatibility is a key goal?

Now isn’t that interesting! Here, in essence, we have an argument that generativity and openness are bad for us.  McCracken is praising Apple’s “you’ll get your OS upgrades when we let you” model versus the wild west approach of rolling upgrades for Android devices. Are you OK with that? Personally, I’m not. But more on that in a moment.

Part of what McCracken is actually getting at here is something I talked about in an old essay here wondering what constitutes “Too Much Platform Competition.” That is, how many platforms or operating systems are too many? Do we really need dozens of video game consoles? I don’t know about you, but I personally wouldn’t want to buy more than the 3 consoles I have already spent way too much money on. And game developers absolutely hate having to code for multiple platforms. The same is now true for mobile application developers. They are not particularly fond of the sudden proliferation of mobile operating systems and apps stores using competing standards. It’s just more development expense from their perspective.

What the iPhone brings, by contrast, is stability, security, and certainty.  People value that even if Zittrain fears it.

But now for the not so dirty little secret I have whispered here before — I hate Apple for all this!!  I am more of Zittrainian than Zittrain!  Jonathan actually carries an iPhone around in his pocket when I wouldn’t consider owning one in a million years.  I want to hack away at my stuff and tweak it to my heart’s content. And when McCracken talks about that “nerdish interest in version numbers to determine if a given app works on your phone,” well, that’s me, baby!  I am the kind of uber-dork that sits around constantly hitting the refresh button on the Droid’s “About Phone” menu to see if new OS upgrades are ready to roll.  (Yes, sad, I know. Do you believe someone actually married a dork like me?) And as far as security and stability go… well I say screw that. I have bricked several phones trying to hack away at them. It doesn’t help that I almost never know what I am doing, but I do have an healthy spirit of digital adventurism!

Anyway, here’s the really important point: We can have the best of both worlds — a world full of plenty of “tethered” appliances and semi-walled gardens, but also plenty of generativity and openness at the same time. And we can have plenty of hybrid solutions, too.  On the “generative-vs.-sterile appliance” spectrum, the range of devices and platforms just continues to grow and grow in both directions.

Moreover, these “open” vs. “closed” notions are always hopelessly over-simplified in digital technology policy debates. It’s rare to find any device or platform that is perfectly open or closed. Indeed, the very notion that Apple is a “closed’ platform is somewhat misleading. As I mentioned just last night, Apple’s App Store alone has over 100,000 apps in 20 different categories (available in 77 countries) to choose from. So, even though Steve Jobs & Co. keep a tight grip on operating system upgrades and Apps Store policies, the reality is that there’s a whole lot of generativity taking place on top of that OS and within that app store. It’s somewhat reminiscent of what happened when supposedly Big Bad Bill Gates pissed off the whole world in the 90s by building a code empire around a proprietary operating system that he tightly controlled:  Countless exciting innovations developed for that platform even if Bill & Microsoft didn’t hand over the keys to OS to the rest of the world so they could tinker away with it.

Again, I am not saying that generativity and openness are overrated; only that they other side of the story rarely gets told.  And the ideal world, of course, is one in which we have options on both sides of the “open” vs. “closed” spectrum from which to choose. Luckily, that is increasingly the world we live in today.

]]> https://techliberation.com/2010/02/23/are-digital-generativity-and-openness-overrated/feed/ 2 26473 What is Cyber-Libertarianism? (The Debate over Lessig’s Code at 10 Continues) https://techliberation.com/2009/05/14/what-is-cyber-libertarianism-the-debate-over-lessigs-code-at-10-continues/ https://techliberation.com/2009/05/14/what-is-cyber-libertarianism-the-debate-over-lessigs-code-at-10-continues/#comments Thu, 14 May 2009 15:52:25 +0000 http://techliberation.com/?p=18281

I’ve posted another response in the Cato Unbound online debate over the impact of Lawrence Lessig’s Code and Other Laws of Cyberspace upon the book’s 10th anniversary.  You will recall that I went fairly hard on Prof. Lessig in my essay, “Code, Pessimism, and the Illusion of ‘Perfect Control,’” and Lessig responded with a counter-punch that went after me for it.  I respond in a new essay about “Our Conflict of Cyber-Visions.” In the piece, I address Lessig’s assertion that I just didn’t understand the central teachings of Code, as well as his reluctance to accept the “cyber-collectivism” label that I affixed to his book and life’s work.  Again, please hop over to Cato Unbound for my complete response.

But one thing from the essay that I thought worth reproducing here is my effort to better define the key principles that separate the cyber-libertarian and cyber-collectivist schools of thinking.  I argue that it comes down to this:

The cyber-libertarian believes that “code failures” are ultimately better addressed by voluntary, spontaneous, bottom-up, marketplace responses than by coerced, top-down, governmental solutions. Moreover, the decisive advantage of the market-driven approach to correcting code failure comes down to the rapidity and nimbleness of those response(s).

Of course, another key difference relates to how quickly one jumps to the conclusion that “code failures” are actually occurring at all. I argue:

What concerns me about the way Prof. Lessig approaches these issues in Code and in his subsequent work is that he is far too quick to declare the debate over by labeling short-term code hiccups as sky-is-falling market failures. The end result of such myopic techno-pessimism is the inevitable call for governments to intervene and “do something” to correct supposed code failures.  The cyber-libertarian instead counsels patience. Let’s give those other forces — alternative platforms, new innovators, social norms, public pressure, etc. — a chance to work some magic. Evolution happens, if you let it. Moreover, if you are always running around crying “market failure!” and calling in the code cops, it creates perverse marketplace incentives by discouraging efforts to innovate or “route around” bad code or code failure. We don’t want the whole world sitting around waiting for government to regulate the mousetrap to improve it or even give everyone better access to it; we should want the world to be innovating to create better mousetraps! To reiterate a key point I already stressed in my original essay: One need not believe that the markets in code are “perfectly competitive” to accept that they are “competitive enough” — or at least, better than regulatory alternatives.

Anyway, please head over to the Cato site to read the whole thing and let me know what you think.  If nothing else, I’m sure that Seth Finkelstein will have something incredibly nasty to say about me!  And I will wear his scorn as a badge of honor.

]]> https://techliberation.com/2009/05/14/what-is-cyber-libertarianism-the-debate-over-lessigs-code-at-10-continues/feed/ 18 18281 Cato Unbound Debate: Lessig’s Code at Ten (Part 4: Lessig’s response) https://techliberation.com/2009/05/11/cato-unbound-debate-lessig%e2%80%99s-code-at-ten-part-4-lessigs-response/ https://techliberation.com/2009/05/11/cato-unbound-debate-lessig%e2%80%99s-code-at-ten-part-4-lessigs-response/#comments Tue, 12 May 2009 04:03:16 +0000 http://techliberation.com/?p=18220

The week-long Cato Unbound online debate about the 10th anniversary of Lawrence Lessig’s Code and Other Laws of Cyberspace continues today with Prof. Lessig’s response to Declan McCullagh’s opening essay, “What Larry Didn’t Get,” Jonathan Zittrain’s follow-up essay, and my essay on, “Code, Pessimism, and the Illusion of ‘Perfect Control.’”  Needless to say, Prof. Lessig isn’t too happy with my response. You should jump over to the Cato site to read the entire thing, but here are a couple of excerpts and my response.

To my suggestion that there is a qualitative difference between law and code, Prof. Lessig says:

I’ve argued that things aren’t quite a simple as some libertarians would suggest. That there’s not just bad law. There’s bad code. That we don’t need to worry just about Mussolini. We also need to worry about DRM or the code AT&T deploys to help the government spy upon users. That public threats to liberty can be complemented by private threats to liberty. And that the libertarian must be focused on both.  […] Of course, law is law. Who could be oblivious to that? And who would need a book to explain it?  But the fact that “law is law” does not imply that it has a “much greater impact in shaping markets and human behavior.” Sometimes it does — especially when that “law” is delivered by a B1 bomber. But ask the RIAA whether it is law or code that is having a “greater impact in shaping markets” for music. Or ask the makers of Second Life whether the citizens of that space find themselves more constrained by the commercial code of their geo-jurisdiction or by the fact that the software code of Second Life doesn’t permit you simply to walk away (so to speak) with another person’s scepter. Whether and when law is more effective than code is an empirical matter — something to be studied, and considered, not dismissed by banalities spruced up with italics.

Well, I beg the professor’s pardon for excessive use of italics.  [I won’t ask for an apology for misspelling my last name in his piece!] Regardless, it’s obvious that we’ll just never see eye-to-eye on the crucial distinction between law and code. Again, as I stated in my essay: “With code, escape is possible. Law, by contrast, tends to lock in and limit; spontaneous evolution is supplanted by the stagnation of top-down, one-size-fits-all regulatory schemes.”

Lessig largely dismisses much of this with that last line above, suggesting that we just need to keep studying the matter to determine the right mix of what works best.  To be clear, while I’m all for studying the impact of law vs. code as “an empirical matter,” that in turn begs the question of how we define effectiveness or success. I suspect that the professor and I would have a “values clash” over some rather important first principles in that regard.  This is, of course, a conflict of visions that we see throughout the history of philosophy; a conflict between those who put the individual and the individual’s rights at the core of any ethical political system versus those who would place the rights of “the community,” “the public” or some other amorphous grouping(s) at the center of everything.  It’s a classic libertarian vs. communitarian / collectivist debate.

Lessig, however, makes it clear in his response that he doesn’t take kindly to being called a cyber-collectivist, even accusing me of “red-baiting” by using the term.  But the collectivism of which I speak is a more generic type; not the hard-edged Marxist brand of collectivism of modern times.   What separates Lessig’s brand of cyber-collectivism from the cyber-libertarianism that I espouse is a general preference for who calls the shots most of the time.  Quite obviously, I place an enormous amount of faith in largely unfettered markets in code to generally advance the values of individual liberty, freedom of speech, and economic innovation more often than rule by politics and public officials will.  Prof. Lessig is obviously far more enamored with the potential of the state and politics to play a beneficial role in shaping things.

Thus, even though Prof. Lessig rejects the association, Declan McCullagh was right to point to the distant influence of Plato on Code and much of Lessig’s other work.  (And there’s a bit of Rousseauian influence there, too.)  In any event, if Prof. Lessig takes offense at this label and wants to call his approach something other than cyber-collectivism, than by all means be my guest; invent a new term and I’ll use it.  But to me, as a student of political philosophy, I see his philosophy as just another variant of collectivism and just don’t know what else to call it.  This isn’t “red-baiting;” it’s simply an exercise in philosophical classification.

To some extent, Prof.  Lessig undercuts my arguments here in concluding his essay by asking that we “focus on a large number of difficult questions that remain… about how to preserve the liberty of society and the Net against the ever-expanding harm caused by the captured corruption that we call democratic government.”  Hey, now that sounds like something a true libertarian might say! (Except that we would have likely used the phrase “preserve the liberty of the individual” instead of “society”!) Regardless, Lessig is at least willing to admit that there may be some problems in paradise for Platonist thinking or Rousseauian romanticism.

Alas, for reasons articulated quite nicely here by Tim Lee in the past, “Lessig clearly understands what it takes to catch the interest of conservative- and libertarian-minded readers, and he’s not above spinning his arguments to maximize their appeal to the people he’s addressing.” For the libertarian, there is only one fool-proof solution to the problem of government corruption: You shrink the Leviathan. From what I’ve seen of Lessig’s proposals so far to address corruption, however, he’s not really willing to have that conversation. It’s all about the old “getting money out of politics” and “kill all the lobbyists” approach. Unfortunately, as Tim notes:

The problem isn’t that there’s a discrete list of corrupt practices that we can identify and prohibit. The problem is that if politicians are willing to be corrupted, and special interests are willing to spend resources to corrupt them, they’ll find ways to get it done. You can certainly reduce the effect on the margin — by banning overt bribery, for example — but once you’ve banned the really obvious categories of back-scratching, it becomes more and more difficult to make any further progress. What’s going on in Washington is disgusting, to be sure, but it’s not new or unique to the United States. And I think fixing it is going to be a lot more challenging than Lessig imagines.

I couldn’t agree more.  Nonetheless, I eagerly await more details from Prof. Lessig regarding his new effort to address corruption in our political system, however he defines it.  He may set forth some reform proposals that we libertarians find quite sensible and ultimately endorse.  But if “reform” instead comes in the form of layers of additional campaign finance regulations, well then, I think we’ll find ourselves disagreeing once again. Because many of those so-called reforms are simply free-speech violating restrictions on the rights of both individuals to petition their government.

But to conclude this exchange on a good note, let me just say that — at least in theory — I wholeheartedly endorse Lawrence Lessig’s call to protect “the Net against the ever-expanding harm caused by the captured corruption that we call democratic government.”   And I hope someday he will be more open to the notion that limits on the power of the state are the ultimate key to accomplishing that goal.

]]> https://techliberation.com/2009/05/11/cato-unbound-debate-lessig%e2%80%99s-code-at-ten-part-4-lessigs-response/feed/ 10 18220 Cato Unbound Debate: Lessig’s Code at Ten (Part 3: Thierer response) https://techliberation.com/2009/05/08/cato-unbound-debate-lessig%e2%80%99s-code-at-ten-part-3-thierer-response/ https://techliberation.com/2009/05/08/cato-unbound-debate-lessig%e2%80%99s-code-at-ten-part-3-thierer-response/#comments Fri, 08 May 2009 15:11:39 +0000 http://techliberation.com/?p=18188

The Cato Unbound online debate about the 10th anniversary of Lawrence Lessig’s Code and Other Laws of Cyberspace continues today with my response to Declan McCullagh’s opening essay, “What Larry Didn’t Get,” as well as Jonathan Zittrain’s follow-up.

In my response, “Code, Pessimism, and the Illusion of ‘Perfect Control,'” I begin by arguing that:

The problem with peddling tales of a pending techno-apocalypse is that, at some point, you may have to account for your prophecies — or false prophecies as the case may be. Hence, the problem for Lawrence Lessig ten years after the publication of his seminal book, Code and Other Laws of Cyberspace.

I go on to argue that:

Lessig’s lugubrious predictions proved largely unwarranted. Code has not become the great regulator of markets or enslaver of man; it has been a liberator of both. Indeed, the story of the past digital decade has been the exact opposite of the one Lessig envisioned in Code.

After providing several examples of just how wrong Lessig’s predictions were, I then ask:

[W]hy have Lessig’s predictions proven so off the mark? Lessig failed to appreciate that markets are evolutionary and dynamic, and when those markets are built upon code, the pace and nature of change becomes unrelenting and utterly unpredictable. With the exception of some of the problems identified above, a largely unfettered cyberspace has left digital denizens better off in terms of the information they can access as well as the goods and services from which they can choose. Oh, and did I mention it’s all pretty much free-of-charge? Say what you want about our cyber-existence, but you can’t argue with the price!

I am forced to admit, however, that Lessig’s book has had enormous impact of the field of cyberlaw and digital technology policy:

This brings me to what I believe is the most important impact of Code: the philosophical movement it has spawned. As Declan noted in his opening essay, Code “offered a burgeoning protest movement [a] unifying theme and philosophy” in that it was both a polemic against cyber-libertarianism and a sort of call-to-arms for cyber-collectivism. It gave this movement its central operating principle: Code and cyberspace can be bent to the will of the collective, and it often must be if we are to avoid any number of impending disasters brought on by those nefarious (or just plain incompetent) folks in corporate America. Led by a gifted, prolific set of disciples such as Jonathan Zittrain and Tim Wu, as well as increasingly influential activist groups such as Public Knowledge and Free Press, Lessig’s cyber-collectivists continue to preach skepticism regarding markets and property rights, and a general openness to — and frequent embrace of — government solutions to digital-era dilemmas. […]  Prof. Lessig and his movement are winning the battle of ideas on the cyber-front today. We have Code to thank — or blame — for that.

Please head over to the Cato Unbound website to read the entire thing.  Prof. Lessig’s response is scheduled to be posted on Monday.

]]> https://techliberation.com/2009/05/08/cato-unbound-debate-lessig%e2%80%99s-code-at-ten-part-3-thierer-response/feed/ 7 18188 another review of Zittrain’s “Future of the Internet” https://techliberation.com/2008/09/20/another-review-of-zittrains-future-of-the-internet/ https://techliberation.com/2008/09/20/another-review-of-zittrains-future-of-the-internet/#comments Sat, 20 Sep 2008 23:33:25 +0000 http://techliberation.com/?p=12858

Zittrain Future of the Net coverSorry if it seems like I am beating a dead horse here, but the folks at the City Journal asked me a pen a review of Jonathan Zittrain’s new book, The Future of the Internet and How to Stop It.  Faithful readers here will no doubt remember that I have already penned a review of the book and several follow-up essays. (Part 1, 2, 3, 4). I swear I am not picking on Jonathan, but his book is probably the most important technology policy book of the year–Nick Carr’s Big Switch would be a close second–and deserves attention.  Specifically, I think it deserves attention because I believe that Jonathan’s provocative thesis is wildly out of touch with reality.  As I state in the City Journal review of his book:

[C]ontrary to what Zittrain would have us believe, reports of the Internet’s death have been greatly exaggerated. […] Not only is the Net not dying, but there are signs that digital generativity and online openness are thriving as never before. […] Essentially, Zittrain creates a false choice regarding the digital future we face. He doesn’t seem to believe that a hybrid future is possible or desirable. In reality, however, we can have a world full of some tethered appliances or even semi-closed networks that also includes generative gadgets and open networks. After all, millions of us love our iPhones and TiVos, but we also take full advantage of the countless other open networks and devices at our disposal. […]

Further, while it’s true that the creators of iPhone and TiVo maintain a high degree of control over the guts of the devices or their operating systems, the technologies themselves are hardly sterile or non-generative. In fact, these devices have amazing uses, and they have both recently become more open to third-party add-ons and applications. Geeks who demand still more are also hacking away at these and other digital devices to get them to do everything but wash their dishes.Most of us want networks and digital devices that work.
Zittrain, by contrast, seems to long for the era when we all had to load floppy disks into our PCs each morning to get our operating systems running. But those were hardly the good old days. Device makers realized that only techno-geeks would tolerate such hassles, and so our PCs and phones now come with more software and services built in to make our lives easier. Nothing stands in the way of those who still prefer the rugged individualist approach to conquering cyber-frontiers and digital devices. But what Zittrain does in The Future of the Internet is generalize his personal preferences to the whole of cyber-society. What’s good for the ivory-tower digerati may not be what the rest of us want or need.

If you are interested you can read the entire review here.  Again, I encourage you to read Zittrain’s entire book and decide for yourself if my critique is unfair.  Despite my criticisms, it’s a very well-written and interesting book.  As with everything Jonathan does, he has a special gift for making nerdy tech policy issues both interesting and entertaining.

]]> https://techliberation.com/2008/09/20/another-review-of-zittrains-future-of-the-internet/feed/ 12 12858 Apple, openness, and the Zittrain thesis https://techliberation.com/2008/03/30/apple-openness-and-the-zittrain-thesis/ https://techliberation.com/2008/03/30/apple-openness-and-the-zittrain-thesis/#comments Sun, 30 Mar 2008 21:40:30 +0000 http://techliberation.com/2008/03/30/apple-openness-and-the-zittrain-thesis/

[Note: You might want to first read my review of Jonathan Zittrain’s book to give this essay some context.]

Jonathan Zittrain must have been smiling as he read Leander Kahney’s excellent Wired cover story this month, “How Apple Got Everything Right By Doing Everything Wrong.” In a sense, the article vindicates Zittrain’s thesis in The Future of the Internet–And How to Stop It. Apple Jobs soviet art style Again, in his provocative book, Zittrain argues that, for a variety of reasons, the glorious days of the generative, open Internet and general-purpose PCs are supposedly giving way to closed networks and a world of what he contemptuously calls “sterile, tethered devices.” And Apple products such as the iPhone, the iPod, and iTunes serve as prime examples of the troubling world that await us. And Kahney’s article confirms that Apple is every bit as closed and insular as Zittrain suggests. Kahney nicely contrasts Apple with Google, a company that “embraces openness,” trusts “the wisdom of crowds,” and has its famous “Don’t be evil” philosophy:

It’s ironic, then, that one of the Valley’s most successful companies ignored all of these tenets. Google and Apple may have a friendly relationship — Google CEO Eric Schmidt sits on Apple’s board, after all — but by Google’s definition, Apple is irredeemably evil, behaving more like an old-fashioned industrial titan than a different-thinking business of the future. Apple operates with a level of secrecy that makes Thomas Pynchon look like Paris Hilton. It locks consumers into a proprietary ecosystem. And as for treating employees like gods? Yeah, Apple doesn’t do that either.

On the other hand, Kahney’s article serves as vindication of my response to Zittrain’s book since the article illustrates how, despite breaking all the typical rules of Silicon Valley, the company is more successful than ever and has legions of happy customers. Again, in my review of his book, I argued that there is no reason that we can’t have the best of both worlds. Much of the time, “open” systems produce the best results. Other times, more closed, proprietary models give rise to great products. Today’s digital marketplace is full of wonderful devices and services of both flavors. Apple’s success proves that point, as Kahney’s Wired article shows:

by deliberately flouting the Google mantra, Apple has thrived. When Jobs retook the helm in 1997, the company was struggling to survive. Today it has a market cap of $105 billion, placing it ahead of Dell and behind Intel. Its iPod commands 70 percent of the MP3 player market. Four billion songs have been purchased from iTunes. The iPhone is reshaping the entire wireless industry. Even the underdog Mac operating system has begun to nibble into Windows’ once-unassailable dominance; last year, its share of the US market topped 6 percent, more than double its portion in 2003. It’s hard to see how any of this would have happened had Jobs hewed to the standard touchy-feely philosophies of Silicon Valley. Apple creates must-have products the old-fashioned way: by locking the doors and sweating and bleeding until something emerges perfectly formed. It’s hard to see the Mac OS and the iPhone coming out of the same design-by-committee process that produced Microsoft Vista or Dell’s Pocket DJ music player. Likewise, had Apple opened its iTunes-iPod juggernaut to outside developers, the company would have risked turning its uniquely integrated service into a hodgepodge of independent applications — kind of like the rest of the Internet, come to think of it.

Importantly, it’s not just that Apple has thrived, it’s that consumers have loved their products to the point that there is a sort of “cult of Apple” out there. I should make clear that I am no Apple fanboy. As my TLF colleagues Tim Lee and Jerry Brito can attest, I am constantly making fun of them for their love of Apple products. I am willing to deal with the warts associated with the PC environment because I love the more open-ended nature of it. That being said, there are times when I have to swallow my pride and admit to Tim and Jerry that, in many ways, their Apple products are superior to my PC and Windows-based toys. It’s impossible to spend a few minutes with the iPhone or the latest iPods and Macs and not fall in love with those devices and their interfaces. They are truly spectacular. Thus, as Kahney’s article makes clear, whether you love him or hate him, you have to admit that Jobs is on to something:

No other company has proven as adept at giving customers what they want before they know they want it. Undoubtedly, this is due to Jobs’ unique creative vision. But it’s also a function of his management practices. By exerting unrelenting control over his employees, his image, and even his customers, Jobs exerts unrelenting control over his products and how they’re used. And in a consumer-focused tech industry, the products are what matter.

Indeed they are. And even though Zittrain labels Apple’s products “sterile and tethered,” there is no doubt that the company’s approach has produced some wonderful results. Personally, they are not for me since I prefer all those “general purpose” devices that Zittrain lionizes. But, again, we can have both. Let Steve Jobs be a control freak and keep those walls around Apple’s digital garden high and tight if he wants. There are plenty of other wide open gardens for the rest of us to play in.

]]> https://techliberation.com/2008/03/30/apple-openness-and-the-zittrain-thesis/feed/ 23 10596 review of Zittrain’s “Future of the Internet” https://techliberation.com/2008/03/23/review-of-zittrains-future-of-the-internet/ https://techliberation.com/2008/03/23/review-of-zittrains-future-of-the-internet/#comments Mon, 24 Mar 2008 04:27:31 +0000 http://techliberation.com/2008/03/23/review-of-zittrains-future-of-the-internet/

Jonathan Zittrain, who is affiliated with Oxford University and Harvard’s Berkman Center, recently released a provocatively titled book: The Future of the Internet–And How to Stop It. It’s an interesting read and I recommend you pick it up despite what I’ll say about it in a moment. (Incidentally, if you ever have a chance to hear Jonathan speak, I highly recommend you do so. He is, bar none, the most entertaining tech policy geek in the world. Imagine Dennis Miller with a cyberlaw degree.) Zittrain Future of the Net cover

Jonathan’s book contrasts two different paradigms that he argues could define the Net’s future: The “generative” Net versus what he refers to as a world of “tethered, sterile appliances.” By “generative” he means technologies or networks that invite or allow tinkering and all sorts of creative uses. Think general-purpose personal computers and the traditional “best efforts” Internet. “Tethered, sterile appliances” by contrast, are technologies or networks that discourage or disallow tinkering. Basically, “take it or leave it” proprietary devices like Apple’s iPhone or the TiVo, or online walled gardens like the old AOL and current cell phone networks.

Jonathan’s thesis is that, for a variety of reasons [viruses, Spam, identify theft, etc], we run the risk of seeing the glorious days of the generative, open Net give way to more tethered devices and closed networks. He states:

“Today, the same qualities that led to [the success of the Internet and general-purpose PCs] are causing [them] to falter. As ubiquitous as Internet technologies are today, the pieces are in place for a wholesale shift away from the original chaotic design that has given rise to the modern information revolution. This counterrevolution would push mainstream users away from the generative Internet that fosters innovation and disruption, to an appliancized network that incorporates some of the most powerful features of today’s Internet while greatly limiting its innovative capacity—and, for better or worse, heightening its regulability. A seductive and more powerful generation of proprietary networks and information appliances is waiting for round two. If the problems associated with the Internet and PC are not addressed, a set of blunt solutions will likely be applied to solves problems at the expense of much of what we love about today’s information ecosystem.” [p. 8].

In other words, Jonathan fears that many people will flock to tethered appliances in a search for stability or security. That’s bad, in his opinion, because those tethered appliances are less “open” and more likely to be “regulable,” either by large corporate intermediaries or government officials. Thus, the “future of the Internet” he is hoping to “stop” is a world dominated by tethered digital appliances because it is too limiting and too easy for others to control.

My primary objection to Jonathan’s thesis is that (1) he seems to be over-stating things quite a bit; and in doing so, (2) he creates a false choice of possible futures from which we must choose. What I mean by false choice is that Jonathan doesn’t seem to believe a hybrid future is possible or desirable. I see no reason why we can’t have the best of both worlds–a world full of plenty of tethered appliances, but also plenty of generativity and openness.

Importantly–and Jonathan acknowledges this point to some extent–the boundaries between “generative” and “tethered appliances” are growing increasingly murky. Social networking sites, for example, allow a great deal of generative activity, but they also impose some limitations on what can be posted, or limit the porting of profiles / information over to other sites. Similarly, the iPhone—which Jonathan calls a “sterile” technology—was completely closed at first, but is now growing more open to tinkering with the SDK rollout. But it’s unlikely it will ever be perfectly open. Finally, the TiVo, which Jonathan also throws into the “sterile” bucket, is a tightly controlled technology in some ways, but allows consumers to do some truly wonderful things with it within certain confines.

And there’s a good reason for all of this: Hybrid solutions often make a great deal of sense. They offer creative opportunities within certain confines in an attempt to balance openness and stability. And this brings us back to how Jonathan is over-stating his thesis, in my opinion; he just doesn’t convince me that the old order—of open networks & general-purpose PCs—is dying. It’s still around and always will be. It’s just that a new crop of characters—let’s call them “mere mortals”—have joined us in cyberspace and are increasingly part of the ongoing digital experience. But those of us who are true-blue tech geeks and tinker-happy gadgeteers still have plenty of generative toys at our disposal even though the mere mortals now walk among us.

For example, like many other tech geeks, I have an outrageously expensive mobile phone that allows me to add just about any application I want to it. Problem is, the more I muck with it, the slower and less reliable it gets in some ways, which is precisely why some mere mortals just want a good old-fashion “sterile” phone that won’t give them any hassles. Regardless, on the “generative-vs.-sterile appliance” spectrum, the range of mobile devices just continues to grow and grow in both directions. You can decide what type of device you want. I want something more generative—warts and all. My wife—a true mere mortal if there ever was one—just wants something that works, even if has far fewer options in terms of generative capabilities. (Of course, she’s not trying to compose blog posts like this on her phone like I am! She just wants to check e-mail on occasion and make phone calls. Imagine that: using a phone just to make calls. Crazy!)

So, my question to Jonathan is—to quote the great philosopher Rodney King—Why can’t we all just get along? Isn’t it a sign of progress that we now have different models that appeal to different types of users? After all, those supposedly “sterile” applications like the iPhone and Tivo are loved by millions. Even calling them “sterile” seems a bit silly to me. After all, those devices have “fostered innovation and disruption” just like PCs and the Net have, just in a different way. Regardless, does Jonathan think all those people would really be better off if they were forced to fend for themselves with completely open iPhones and TiVos? Should the iPhone be shipped to market with no apps loaded on the main screen, forcing everyone to get them for on their own? Should TiVos have no interactive menus out-of-the-box, forcing you to go online and find some homebrew that someone whipped up to give you an open source guide in all its blocky ugliness?

Again, before you answer that question for yourself, put yourself in the shoes of a mere mortal. It’s easy for many us who are tech geeks to look down our noses at those who seem to want to have the hand held through cyberspace or digital experiences. But there’s nothing wrong with those people who seek stability and security in digital devices and their networking experiences—even if they find those solutions in the form of “tethered appliances.” Not everyone wants to have the same cyber-experiences we do. Not everyone wants to reprogram their mobile phones, hack their consoles, write their own code, or even just write a blog or join a social networking site. Millions upon millions of people live perfectly normal lives without ever doing any of these things! (It’s true, I’ve even met a couple of these people… They are called my parents!) Still, many of those mere mortals WILL want to use many of the same toys we tech geeks use, or take cautious steps into the occasional cold pool called cyberspace—one tippy toe at a time. Why shouldn’t those folks be accommodated with “lesser” devices?

I fear that Jonathan has spent a little too much time in the ivory tower surrounded by countless people like me who are almost part cyborg in that they use so much technology that they are practically at one with their devices. (If I don’t have a laptop in my backpack and a mobile phone in my pocket I start to experience phantom pains, like I am missing appendages). If one finds themselves stuck in an echo chamber with enough of these other cyborg-humans, they can start to fear the consequences of what might happen when the mere mortals start walking in the front door and asking asinine questions about how to boot up their devices or log on to certain websites. But we have nothing to fear from these aliens. They can have their closed systems and we can have our open systems. We can tinker; they can just play with what they are given. We can be highly interactive cyber-goobers; they can be utterly passive couch potatoes. And so on.

Moreover, a big part of the gap here is simply generational and will pass with time. Once today’s tech geeks are grandparents, most of our kids and grandkids will largely demand the same sort of systems we do because they will be more accustomed to the occasional downsides that accompany the Wild West that cyberspace can sometimes be. But there will always be a crowd who demands some hand-holding and added security.

Jonathan’s short-term concern about how the desire for more stable and secure systems will lead to a more “regulable” world, is understandable. Concerns about privacy, child safety, defamation, identity theft and so on, will continue to lead to calls for more intervention. At the corporate level, however, some of that potential intervention makes a great deal of sense. For example, if ISPs are in a position to help do something to help alleviate some of these problems—especially Spam and viruses—what’s wrong with that? Of course, it gets a lot trickier with things like child safety and copyright issues. That’s where excessive intervention by ISPs could create serious speech and privacy problems—namely in the form of a forced surrender of anonymity.

But, again, I think there is a happy balance here. Bruce Owen, one of my intellectual heroes, really nails it in his response to Jonathan’s thesis:

“Why does Zittrain think that overreaction is likely, and that its costs will be unusually large? Neither prediction is self-evident. Faced with the risk of infection or mishap, many users already restrain their own taste for PC-mediated adventure, or install protective software with similar effect. For the most risk-averse PC users, it may be reasonable to welcome “tethered” PCs whose suppliers compete to offer the most popular combinations of freedom and safety. Such risk-averse users are reacting, in part, to negative externalities from the poor hygiene of other users, but such users in turn create positive externalities by limiting the population of PCs vulnerable to contagion or hijacking. As far as one can tell, this can as easily produce balance or under reaction as overreaction—it is an empirical question. But, as long as flexibility has value to users, suppliers of hardware and interconnection services will have incentives to offer it, in measured ways, or as options.”

That’s exactly right. We can find happy middle-ground solutions. By contrast, Jonathan’s alternative solutions to these problems are quite amorphous. He speaks of the need for a “latter-day Manhattan project, not to build a bomb but to design the tools and conventions by which to continuously defuse one.” (p. 173). That seems like a strange metaphor or paradigm for him to choose since the Manhattan project was highly secretive and centrally planned, the exact opposite of what he seems to desire. But, again, what he desires remains very murky. It seems he wants to solve the problems brought about by openness with more openness—primarily in the form of collective intelligence and action. If we all just find smart ways to work together, we can improve open systems, he argues. Well, sure we can.. sorta. But it will never work perfectly on its own. Some people are going to want more safety and security. They should get it, even if comes in the form of “sterile appliances and tethered devices.” Because, again, the rest of us always have the option to choose something else.

One proposed solution that Jonathan does spell out in a bit more detail troubles me greatly. When discussing the future of Net neutrality, he makes some interesting arguments similar to those we often make here about how unlikely it is that network intermediaries will really be able to stifle the free flow of bits. But then Jonathan goes on to say:

“If there is a present worldwide threat to neutrality in the movement of bits, it comes not from restrictions on traditional Internet access that can be evaded using generative PCs, but from enhancements to traditional and emerging appliancized services that are not open to third-party tinkering.” (p. 181)

He then blasts cable and satellite boxes as being “walled gardens” and creating “mediated experiences” and goes on to ask: “So when should we consider network neutrality-style mandates for appliancized systems?” I would have hoped the answer would be NEVER, since we don’t want pesky FCC bureaucrats making those sort of calls for us and stifling device innovation as a result. Alas, Jonathan seems to feel differently, and responds to his own question as follows:

“The answer lies in that subset of appliancized systems that seeks to gain the benefits of third-party contributions while reserving the right to exclude it later. … Those who offer open APIs on the Net in an attempt to harness the generative cycle ought to remain application-neutral after their efforts have succeeded, so all those who built on top of their interface can continue to do so on equal terms.” (p. 184)

I have many problems with that logic. First, most developers who offer open APIs aren’t likely to close them later precisely because they don’t want to incur the wrath of “those who built on top of their interface.” But, second, for the sake of argument, let’s say they did want to abandoned previously open APIs and move to some sort of walled garden. So what? Isn’t that called marketplace experimentation? Are we really going to make that illegal? Finally, if they were so foolish as to engage in such games, it might be the best thing that ever happened to the market and consumers since it could encourage more entry and innovation as people seek out more open, pro-generative alternatives.

Consider this example: Now that Apple has opened to door to third-party iPhone development a bit with the SDK, does that mean that under Jonathan’s proposed paradigm we should treat the iPhone as the equivalent of commoditized common carriage device? That seems incredibly misguided to me. If Steve Jobs opens the development door just a little bit only to slam it shut a short time later, he will pay dearly for that mistake in the marketplace. For God’s sake, just spend a few minutes over on the Howard Forums or the PPC Geeks forum if you want to get a taste for the insane amount of tinkering going on out there in the mobile world right now on other systems. If Apple tries to roll back the clock, Microsoft and others will be all too happy to take their business by offering a wealth of devices that allow you to tinker to your heart’s content. We should let such experiments continue and let the future of the Internet be determined by market choices, not regulatory choices such as forced API neutrality.

Anyway, read Jonathan’s book. I’ve probably gone a bit too hard on him here, but it’s an important and enlightening book about one possible vision of the Net’s future. In the end, I guess my outlook is just a little rosier than his.

( Update: Following this review, I discussed my reservations in a series of follow-up essays. (Part 2, 3, 4, 5).  We’ve also debated his book on the an NPR-Boston [audio is here] and we debated in person at New America Foundation in early November [video is here]. Finally, I named Jonathan’s book the “most important tech policy book of 2008” on my end-of-year Top 10 list.)

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