Pool – Technology Liberation Front https://techliberation.com Keeping politicians' hands off the Net & everything else related to technology Sun, 01 Sep 2013 04:47:07 +0000 en-US hourly 1 6772528 Edith Ramirez’s ‘Big Data’ Speech: Privacy Concerns Prompt Precautionary Principle Thinking https://techliberation.com/2013/08/29/edith-ramirezs-big-data-speech-privacy-concerns-prompt-precautionary-principle-thinking/ https://techliberation.com/2013/08/29/edith-ramirezs-big-data-speech-privacy-concerns-prompt-precautionary-principle-thinking/#comments Thu, 29 Aug 2013 18:39:09 +0000 http://techliberation.com/?p=73506

Much of my recent research and writing has been focused on the contrast between “permissionless innovation” (the notion that innovation should generally be allowed by default) versus its antithesis, the “precautionary principle” (the idea that new innovations should be discouraged or even disallowed until their developers can prove that they won’t cause any harms).  I have discussed this dichotomy in three recent law review articles, a couple of major agency filings, and several blog posts. Those essays are listed at the end of this post.

In this essay, I want to discuss a recent speech by Federal Trade Commission (FTC) Chairwoman Edith Ramirez and show how precautionary principle thinking is increasingly creeping into modern information technology policy discussions, prompted by the various privacy concerns surrounding “big data” and the “Internet of Things” among other information innovations and digital developments.

First, let me recap the core argument I make in my recent articles and filings. It can be summarized as follows:

  • If public policy is guided at every turn by the precautionary mindset then innovation becomes impossible because of fear of the unknown. Hypothetical worst-case scenarios trump all other considerations under this mentality. Social learning and economic opportunities become far less likely under such a policy regime. In practical terms, it means fewer services, lower quality goods, higher prices, diminished economic growth, and a decline in the overall standard of living. (See this essay and this one.)
  • Wisdom is born of experience, including experiences involving risk and the possibility of mistakes and accidents. Patience and a general openness to permissionless innovation represent the wise disposition toward new technologies not only because it provides breathing space for future entrepreneurialism, but also because it provides an opportunity to observe both the evolution of societal attitudes toward new technologies and how citizens adapt to them. (See this essay.)
  • Not every wise ethical principle, social norm, or industry best practice automatically makes for wise public policy. If we hope to preserve a free and open society, we simply cannot convert every ethical directive or norm — no matter how sensible — into a legal directive or else the scope of human freedom and innovation will need to shrink precipitously. (See this essay.)
  • The best solutions to complex social problems are organic and “bottom-up” in nature. User education and empowerment, informal household media rules, social pressure, societal norms, and targeted enforcement of existing legal norms (especially through the common law) are almost always superior to “top-down,” command-and-control regulatory edits and bureaucratic schemes of a “Mother, May I” nature. (See this essay).
  • For the preceding reasons, when it comes to information technology policy, “permissionless innovation” should, as a general rule, trump “precautionary principle” thinking. To the maximum extent possible, the default position toward new forms of technological innovation should be “innovation allowed,” or what Paul Ohm has appropriately labeled the “anti-Precautionary Principle.” (See this essay.)

Again, we are today witnessing the clash of these conflicting worldviews in a fairly vivid way in many current debates about online commercial data collection, “big data,” and the so-called “Internet of Things.” For example, FTC Chairwoman Ramirez recently delivered a speech at the annual Technology Policy Institute Aspen Forum on the topic of “The Privacy Challenges of Big Data: A View from the Lifeguard’s Chair.” Ramirez made several provocative assertions and demands in the speech, but here’s the one “commandment” I really want to focus on. Claiming that “One risk is that the lure of ‘big data’ leads to the indiscriminate collection of personal information,” Chairwoman Ramirez went on to argue:

The indiscriminate collection of data violates the First Commandment of data hygiene: Thou shall not collect and hold onto personal information unnecessary to an identified purpose. Keeping data on the offchance that it might prove useful is not consistent with privacy best practices. And remember, not all data is created equally. Just as there is low quality iron ore and coal, there is low quality, unreliable data. And old data is of little value. (emphasis added)

And later in the speech she goes on to argue that “Information that is not collected in the first place can’t be misused” and then suggests a parade of horribles that will befall if such data collection is allowed at all.

The Problem with “Mother, May I”?

So here we have a rather succinct articulation of precautionary principle thinking as applied to modern data collection practices. Chairwoman Ramirez is essentially claiming that — because there are various privacy risks associated with data collection and aggregation — we must consider preemptive and potentially highly restrictive approaches to the initial collection and aggregation of data.

The problem with that logic should be fairly obvious and it was perfectly identified by the great political scientist Aaron Wildavsky in his seminal 1988 book Searching for Safety. Wildavsky warned of the dangers of the “trial without error” mentality — otherwise known as the precautionary principle approach — and he contrasted it with the trial-and-error method of evaluating risk and seeking wise solutions to it. Wildavsky argued that:

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. (emphasis added)

Let’s apply that lesson to Chairwoman Ramirez’s speech. When she argues that “Information that is not collected in the first place can’t be misused,” there is absolutely no doubt that her statement is true. But it is equally true that information that is not collected at all is information that might have been used to provide us with the next “killer app” or the great gadget or digital service that we cannot currently contemplate but that some innovative entrepreneur out there might be looking to develop.

Likewise, claiming that “old data is of little value” and issuing the commandment that “Thou shall not collect and hold onto personal information unnecessary to an identified purpose” reveals a rather stunning arrogance about the possibility of serendipitous data discovery: Either Chairwoman Ramirez doesn’t think it can happen or she doesn’t care if it does. But the reality is that the cornucopia of innovation information options and opportunities we have at our disposal today was driven in large part by data collection, including personal data collection. And often those innovations were not part of some initial grand design; instead they came about through the discovery of new and interesting things that could be done with data after the fact.

For example, many of the information services and digital technologies that we enjoy and take for granted today — language translation tools, mobile traffic services, digital mapping technologies, spam and fraud detection tools, instant spell-checkers, and so on — came about not necessarily because of some initial grand design but rather through innovative thinking after-the-fact about how preexisting data sets might be used in interesting new ways. As Viktor Mayer-Schonberger and Kenneth Cukier point out in their recent book, Big Data: A Revolution That Will Transform How We Live, Work, and Think, “data’s value needs to be considered in terms of all the possible ways it can be employed in the future, not simply how it is used in the present.” “In the big-data age,” they note, “data is like a magical diamond mine that keeps on giving long after its principle value has been tapped.” (p. 103-4)

In any event, if the new policy in the United States is to follow Chairwoman Ramirez’s pronouncement that “Keeping data on the offchance that it might prove useful is not consistent with privacy best practices,” then much of the information economy as we know it today will need to be shut down. At a minimum, entrepreneurs will need to start hiring a lot more lobbyists who can sit in Washington and petition the FTC or other policymakers for permission to innovate whenever they have an interesting new idea for how to use data in order to offer us a new service that was not initially collected for a previously stated purpose. Again, it’s “Mother, May I” regulation and we had better get used to a lot more of it if we go down the path that Chairwoman Ramirez is charting.

Alternative, Less-Restrictive Remedies

But here’s the biggest flaw in Chairwoman Ramirez’s reasoning: There is no need for preemptive, prophylactic, precautionary approaches when less-restrictive and potentially equally effective remedies exist.

The title of Ramirez’s speech was subtitled “A View from the Lifeguard’s Chair,” implying that her role is oversee online practices to ensure consumers are safe. That’s a noble intention, but based on some of her remarks, one is left wondering if her true intention is to just drain the information oceans instead.

But there are better ways to deal with dangerous digital waters. In my work on both online child safety and commercial data privacy, I have argued that the best answer to these complex social problems is a mix of technological controls, social pressure and, informal rules and norms, and, most importantly, education and digital literacy efforts.  And government can play an important role by helping educate and empower citizens to help prepare them for our new media environment.

That was the central finding of a blue-ribbon panel of experts convened in 2002 by the National Research Council of the National Academy of Sciences to study how best to protect children in the new, interactive, “always-on” multimedia world. Under the leadership of former U.S. Attorney General Richard Thornburgh, the group produced an amazing report entitled Youth, Pornography, and the Internet, which outlined a sweeping array of methods and technological controls for dealing with potentially objectionable media content or online dangers. Ultimately, however, the experts used a compelling metaphor to explain why education was the most important tool on which parents and policymakers should rely:

Technology—in the form of fences around pools, pool alarms, and locks—can help protect children from drowning in swimming pools. However, teaching a child to swim—and when to avoid pools—is a far safer approach than relying on locks, fences, and alarms to prevent him or her from drowning. Does this mean that parents should not buy fences, alarms, or locks? Of course not—because they do provide some benefit. But parents cannot rely exclusively on those devices to keep their children safe from drowning, and most parents recognize that a child who knows how to swim is less likely to be harmed than one who does not. Furthermore, teaching a child to swim and to exercise good judgment about bodies of water to avoid has applicability and relevance far beyond swimming pools—as any parent who takes a child to the beach can testify. (p. 224)

Regrettably, as I noted in my old book on online safety, we often fail to teach our children how to swim in the new media waters. Indeed, to extend the metaphor, it is as if we are generally adopting an approach that is more akin to just throwing kids in the deep water and waiting to see what happens. The same is true for digital privacy. We sometimes expect both kids and adults to figure out how to swim in these information currents without a little training first.

To rectify this situation, a serious media literacy and digital citizenship agenda is needed in America. Media literacy programs teach children and adults alike to think critically about media, and to better analyze and understand the messages that media providers are communicating.  I went on to argue in my old book that government should push media literacy efforts at every level of the education process. And those efforts should be accompanied by widespread public awareness campaigns to better inform parents about the parental control tools, rating systems, online safety tips, and other media control methods at their disposal.

In the three recent law review articles listed below, I extended this model to privacy and showed how this bottom-up, education and empowerment-based approach is equally applicable to all the debates we are having today about commercial data collection. And I also stressed to vital importance of personal responsibility and corporate responsibility as part of these digital citizenship efforts.

Conclusion

So, in sum, the key question going forward is: Are we going teach people how to swim, or are we going to drain the information oceans based on the fear that people could be harmed by the very existence of some deep data waters?

Chairwoman Ramirez concluded her speech by noting that, “Like the lifeguard at the beach, though, the FTC will remain vigilant to ensure that while innovation pushes forward, consumer privacy is not engulfed by that wave.” As well-intentioned as that sounds, the thrust of her remarks suggest that fear of the water is prompting this particular lifeguard to consider drastic precautionary steps to save us from the potential dangers of those waves. Needless to say, such a mentality and corresponding policy framework would have profound ramifications.

Indeed, let’s be clear about what’s at stake here. This is not about “protecting corporate profits” or Silicon Valley companies. This is about ensuring that individuals as both citizens and consumers continue to enjoy the myriad benefits that accompany an open, innovative information ecosystem. We can find better ways to address the dangers of deep data waters without draining the info-oceans. Let’s teach people how to swim in those waters and how to be responsible data stewards so that we can all continue to enjoy the many benefits of our modern data-driven economy.


 Additional Reading:

Law Review Articles:

Blog posts:

Testimony / Filings:

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Cyber-Libertarianism: The Case for Real Internet Freedom https://techliberation.com/2009/08/12/cyber-libertarianism-the-case-for-real-internet-freedom/ https://techliberation.com/2009/08/12/cyber-libertarianism-the-case-for-real-internet-freedom/#comments Wed, 12 Aug 2009 16:08:38 +0000 http://techliberation.com/?p=20029

libertyby Adam Thierer & Berin Szoka — (Ver. 1.0 — Summer 2009)

We are attempting to articulate the core principles of cyber-libertarianism to provide the public and policymakers with a better understanding of this alternative vision for ordering the affairs of cyberspace. We invite comments and suggestions regarding how we should refine and build-out this outline. We hope this outline serves as the foundation of a book we eventually want to pen defending what we regard as “Real Internet Freedom.” [Note:  Here’s a printer-friendly version, which we also have embedded down below as a Scribd document.]

I. What is Cyber-Libertarianism?

Cyber-libertarianism refers to the belief that individuals—acting in whatever capacity they choose (as citizens, consumers, companies, or collectives)—should be at liberty to pursue their own tastes and interests online.

Generally speaking, the cyber-libertarian’s motto is “Live & Let Live” and “Hands Off the Internet!”  The cyber-libertarian aims to minimize the scope of state coercion in solving social and economic problems and looks instead to voluntary solutions and mutual consent-based arrangements.

Cyber-libertarians believe true “Internet freedom” is freedom from state action; not freedom for the State to reorder our affairs to supposedly make certain people or groups better off or to improve some amorphous “public interest”—an all-to convenient facade behind which unaccountable elites can impose their will on the rest of us.

B.  Application in Social & Economic Contexts

The cyber-libertarian draws no distinction between social and economic freedom when applying this vision:

  • Social Freedom: Individuals should be granted liberty of conscience, thought, opinion, speech, and expression in online environments.
  • Economic Freedom: Individuals should be granted liberty of contract, innovation, and exchange in online environments.

Cyber-libertarians also argue that social and economic freedoms are inextricably intertwined:  It is not enough to support liberty of action in one sphere; foreclosing freedom in one sphere will eventually affect freedom in the other.

C.  How “Code Failures” Are to Be Addressed

The cyber-libertarian believes that “code failures” (the digital equivalent of so-called “market failures”) are better addressed by voluntary, spontaneous, bottom-up, marketplace responses than by coerced, top-down, governmental solutions.   From a practical perspective, the decisive advantage of the market-driven approach to correcting code failure comes down to the rapidity and nimbleness of those responses.  Stated differently, cyber-libertarians have a strong aversion to the politicization of technology issues and efforts to replace market processes with bureaucratic processes.

Importantly, the cyber-libertarian defines “markets” broadly to include monetary and non-monetary transactions as well as proprietary and non-proprietary modes of production.  To be clear, collaborative, non-proprietary technologies and efforts ( e.g., Wikipedia and open source software) are not at odds with cyber-libertarianism.  But the cyber-libertarian does reject the notion these models are the only acceptable model or that they should be imposed on us by law.  The proper policy position with regards to the “open vs. closed” or “proprietary vs. non-proprietary” debate should be one of techno-agnosticism.  Lawmakers and courts should not be tilting the balance in one direction or the other.

More generally speaking, instead of seeking to define or impose a single utopian vision, the cyber-libertarian seeks to enable what libertarian philosopher Robert Nozick called a “Utopia of Utopias:” a framework within which many different models of organizing commerce and community can flourish alongside, and in competition with, each other.

D.  General Relationship to “Internet Exceptionalism”

Internet exceptionalists are first cousins to cyber-libertarians:  They believe that the Internet has changed culture and history profoundly and is deserving of special care before governments intervene.  [See Section IV for an expanded discussion.]

II. The Intellectual Foundations of Cyber-Libertarianism

A.  Traditional Libertarian Philosophy

B.  Modern Cyber-Libertarian Theorists

C.  Internet Exceptionalists[see Sec.  IV below]

III. The Contrast with Cyber-Collectivism

A.  Cyber-Collectivism Defined

Cyber-collectivism is the opposite of cyber-libertarianism.  Cyber-collectivism refers to the general belief that cyber-choices should be guided by the State or an elite class according to some amorphous “general will” or “public interest.”  The distant influence of PlatoRousseau, and Marx can often been seen in the work of cyber-collectivists.

Cyber-collectivism comes in many flavors, however.  “Left”-leaning cyber-collectivists, for example, are more focused on social concerns than economic ones.  Some “Right”-leaning cyber-collectivists are focused on controlling the impact of the Internet on culture or security.  In other words, cyber-collectivism is not as philosophically coherent as cyber-libertarianism—which, though it comes in many flavors, shares a larger core of common agreement

B.  General Relationship to “Information Commons” Movement

There is a close relationship between the Leftist variant of cyber-collectivism and the “digital commons” or “information commons” movement, which generally refers to the belief that digital resources should be shared or perhaps commonly owned instead of held privately—both because cyber-collectivists think this is more equitable and because they generally think such arrangements will ultimately work better.

Cyber-collectivists are typically not Marxists; few of them call for state ownership of the information means of production.  Rather, cyber-collectivists might better be thought of a “cyber social Democrats” (in a European sense) or “Digital New Dealers” (in the American tradition).  They advocate a generous role for law and regulation in many online matters, but do not typically resort to full-blown nationalization.

C. Exponents of Cyber-Collectivism

Some notable cyber-collectivists or information commons adherents (and their key works):

(*We are, of course, generalizing a bit here. Not everyone in these institutions is a cyber-collectivist and, again, there are many flavors of cyber-collectivism, just as there are many flavors of cyber-libertarianism. Individuals in some of these organizations diverge significantly in attitudes towards technological change and the proper scope of government influence throughout the high-tech sector.)

IV. Relationship Between Cyber-Libertarianism & Internet Exceptionalism

Some non-libertarians occasionally join ranks with cyber-libertarians out of a belief that the Internet is different and deserving of special consideration and care. This is commonly referred to as “Cyber-Exceptionalism” or “Internet Exceptionalism.” John Perry Barlow’s 1996 “Declaration of the Independence of Cyberspace” was probably the earliest (and most extreme) articulation of “Internet Exceptionalism”:

Governments of the Industrial World, you weary giants of flesh and steel, I come from Cyberspace, the new home of Mind. On behalf of the future, I ask you of the past to leave us alone. You are not welcome among us. You have no sovereignty where we gather. We have no elected government, nor are we likely to have one, so I address you with no greater authority than that with which liberty itself always speaks. I declare the global social space we are building to be naturally independent of the tyrannies you seek to impose on us. You have no moral right to rule us nor do you possess any methods of enforcement we have true reason to fear. Governments derive their just powers from the consent of the governed. You have neither solicited nor received ours. We did not invite you. You do not know us, nor do you know our world. Cyberspace does not lie within your borders. Do not think that you can build it, as though it were a public construction project. You cannot. It is an act of nature and it grows itself through our collective actions. You have not engaged in our great and gathering conversation, nor did you create the wealth of our marketplaces. You do not know our culture, our ethics, or the unwritten codes that already provide our society more order than could be obtained by any of your impositions. You claim there are problems among us that you need to solve. You use this claim as an excuse to invade our precincts. Many of these problems don’t exist. Where there are real conflicts, where there are wrongs, we will identify them and address them by our means. We are forming our own Social Contract. This governance will arise according to the conditions of our world, not yours. Our world is different.

Similarly, in 1994, The Progress & Freedom Foundation brought together four leading technology visionaries (Esther Dyson, George Gilder, George Keyworth, and Alvin Toffler) to pen A Magna Carta for the Knowledge Age. In that manifesto, the authors argued:

Cyberspace is the land of knowledge, and the exploration of that land can be a civilization’s truest, highest calling. The opportunity is now before us to empower every person to pursue that calling in his or her own way. The challenge is as daunting as the opportunity is great. The Third Wave has profound implications for the nature and meaning of property, of the marketplace, of community and of individual freedom. As it emerges, it shapes new codes of behavior that move each organism and institution—family, neighborhood, church group, company, government, nation—inexorably beyond standardization and centralization, as well as beyond the materialist’s obsession with energy, money and control. Turning the economics of mass-production inside out, new information technologies are driving the financial costs of diversity—both product and personal—down toward zero, “demassifying” our institutions and our culture. Accelerating demassification creates the potential for vastly increased human freedom. It also spells the death of the central institutional paradigm of modern life, the bureaucratic organization. (Governments, including the American government, are the last great redoubt of bureaucratic power on the face of the planet, and for them the coming change will be profound and probably traumatic.)

As that last paragraph suggests, this “Magna Carta” for cyberspace contained some hints of cyber-libertarian thinking, but the general thrust of the document was more generally of the Internet Exceptionalist school of thought.

Internet Exceptionalists are sometime critiqued for sounding like techno-utopians, but it is a mistake to conflate the two. There are not always synonymous.

V. Cyber-Libertarianism’s Early Legal Foundations & Victories

VI. Applications: How Cyber-Libertarians Think about Various Policy Issues

  • Free speech & online child safety: Favor parental empowerment and industry self-regulation over censorship. “Household standards” should trump “community standards.”
  • Privacy policy & online advertising: Privacy is a subjective condition and efforts to regulate to “protect privacy” could have unintended consequences for freedom of speech and the growth of online content and commerce. User empowerment and industry self-regulation represent the superior way to address privacy concerns.
  • Net neutrality / infrastructure regulation: “Open access” regulation is nothing more the infrastructure socialism. Network operators should be free to own, operate, and price their systems and services as they see fit, subject only to enforcement of their terms of service and other voluntary disclosures as contracts with their users. New entry and innovation are better alternative to regulating yesterday’s networks and technologies.
  • Internet taxation: No special taxes should be imposed on online services or Internet access. To the extent the Net disrupts traditional tax bases that should be seen as an opportunity to reform those tax systems.
  • Online gambling: People should be free to do what they want with their money and Internet gambling is likely impossible to shut down entirely anyway, given the nature of the Internet.
  • Antitrust: “Market power” and “code failures” are best dealt with by spontaneous evolution of markets and new entry, not bureaucratic micro-management of old technologies or market structures. Regulation often creates, or tends to foster, most monopolies. As Ithiel de Sola Pool once noted, “The force that preserves most monopoly privilege is law… most would vanish in the absence of enforcement.”
  • IP issues: Cyber-libertarians are deeply divided over IP issues (especially copyright) and this reflects a long-standing division within libertarian ranks on these issues more generally. Some believe IP rights are a natural extension of traditional property rights and/or a sensible way to incentivize scientific and artistic creativity. Others believe no one has a right to “property-tize” intangible creations or that copyright is simply industrial protectionism. And there are many views in between.

VII. Prospects for Cyber-Libertarianism

A. The Pessimistic View

  • Government’s will quash online freedom and bring the Internet under their thumbs.
  • Regulatory efforts are expanding at a breathtaking pace and will not slow anytime soon.

B. The Optimistic View

  • “Technologies of Freedom” (tools and methods to avoid online regulation, censorship and control) will ultimately triumph.
  • Technology is evolving faster than government’s ability to regulate it.

VIII. Related Reading on Cyber-Libertarianism & Internet Exceptionalism


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Free-Range Kids by Lenore Skenazy: Bringing Some Sanity Back to Parenting Debates https://techliberation.com/2009/06/05/lenore-skenazys-free-range-kids-bringing-some-sanity-back-to-parenting-debates/ https://techliberation.com/2009/06/05/lenore-skenazys-free-range-kids-bringing-some-sanity-back-to-parenting-debates/#comments Fri, 05 Jun 2009 18:06:14 +0000 http://techliberation.com/?p=18560

free-range-coverWhen it comes to theories about how to best raise kids, I’m a big believer in what might be referred to “a resiliency approach” to child-rearing.  That is, instead of endlessly coddling our children and hovering over them like “helicopter parents,” as so many parents do today, I believe it makes more sense to instill some core values and common sense principles and then give them some breathing room to live life and learn lessons from it.  Yes, that includes making mistakes.  And, oh yes, your little darlings might actually gets some bump and bruises along the way — or at least have their egos bruised in the process.  But this is how kids learn lessons and become responsible adults and citizens.  Wrapping them in bubble wrap and filling their heads without nothing but fear about the outside would will ultimately lead to the opposite: sheltered, immature, irresponsible, and unprepared young adults — many of whom expect someone else (the government, their college, their employer, or still their parents!) to be there to take care of them well into their 20’s or even 30’s.  Again, you gotta let kids live a little and learn from their experiences.

This explains why I find Lenore Skenazy’s new book, Free-Range Kids: Giving Our Children the Freedom We Had Without Going Nuts with Worry , to be such a breath of fresh air.  [Here’s her blog of the same name.] She argues that “if we try to prevent every possible danger of difficult in our child’s everyday life, that child never gets a chance to grow up.” (p. 5) As she told Salon recently:

You want kids to feel like the world isn’t so dangerous. You want to teach them how to cross the street safely. You want to teach them that you never go off with a stranger. You teach them what to do in an emergency, and then you assume that generally emergencies don’t happen, but they’re prepared if they do. Then, you let them go out. The fun of childhood is not holding your mom’s hand. The fun of childhood is when you don’t have to hold your mom’s hand, when you’ve done something that you can feel proud of. To take all those possibilities away from our kids seems like saying: “I’m giving you the greatest gift of all, I’m giving you safety. Oh, and by the way I’m taking away your childhood and any sense of self-confidence or pride. I hope you don’t mind.”

Exactly right, in my opinion. Again, let kids live and learn from it.  Teach lessons but then encourage ‘learning by doing’ and let them understand these things for themselves.  That is resiliency theory in a nutshell.

When writing about Gever Tulley’s brilliant “Tinkering School” in this post last year, I noted how I have already started teaching my kids how to use various tools even though they are both under the age of 8.  One of my safety-obsessed yuppie friends stopped by one day to get something and saw my kids playing with hammers, nails, and saws and he thought I was nuts.  But it is he who is nuts for shielding his kids to the joys of learning to build something with their own hands (and for denying them the skills to actually do some honest-to-God manual labor when they get older)!  Have my kids hammered their thumbs on occasion? Yep.  Have they cut or poked their fingers? Check.  But you know what? They bounced back and learned how to be more careful. It’s not like I put a nail gun or power saw in their hands and let them go at it!  But there will be a day that they will be competent enough to know how to use such tools properly, especially because I drill some basic lessons into them each time we pull out those tools. Without me even saying so anymore, they already put on their safety goggles and take other common sense precautions before they use such tools.

Why is it that things have gotten so out of whack, with parents instilling so much fear in their kids about the world?  Skenazy rightly notes that the fundamental problem is that “a lot of parents today are really bad at assessing risk.” (p. 5)  Parents today suffer from “extravagant worry,” she notes. “Extravagant in that it inflates remote possibilities into looming threats that we think we have to watch out for.” (p. 93) “Worrying,” she argues, “has become our national pastime.” (p. 94) “What has changed over the past generation or so is than now people worry… about every activity, even ones that used to be considered simple and pleasant,” she says. (p. 42). Camping, ball games, bike rides, walking to school, etc., are increasingly going out of style. “Millions of moms and almost (but not quite as many) dads now see the world as so fraught with danger that they can’t possibly let their children explore it.” (p. 5)  “And the result is a lot of people so busy preparing for the hideous and unpredictable future that they think nothing of trampling the safe and happy present.” (p. 44)

This has spawned the rise of what Skenazy refers to as the “Just In Case” and “Total Control” mentalities that exist among many parents throughout society today. Many modern parents seem to believe that with just enough safety locks, knee pads, toilet locks, stair gates, and so on, they can keep their kids perfectly safe from all the harms of the world —  both real or (more likely) imagined. Alas, Skenazy argues, “Control is a figment of our imagination. Seeking it only make us more anxious.” (p. 92)  Worse yet, after wrapping those kids in all that bubble wrap, a lot of these same parents force nonsense on them like Baby Einstein videos and Mozart tapes at very young ages hoping that will make those kids geniuses in later life.  It’s more likely they’ll grow up to be Ted Kaczynski.

But if Skenazy is right in arguing that most parents now behave as if “normal childhood has just become too risky to permit,” think of the long-term consequences that has on kids.  Such a relentlessly fear-based mentality breeds distrust, even loathing, of the outside world and all others in it.  Moreover, as I mentioned at the outset, excessive coddling makes it impossible to learn life lessons and build resiliency and responsibility into youngster such that they can go on to become productive citizens.

Skenazy also has some common sense thoughts on the over-hyped issue of Internet sexual predation. As she told Salon:

The world online turns out to be not very different from the world offline. There are some really seedy neighborhoods where you wouldn’t want your kids hanging out, especially if they were wearing high-heeled shoes and fishnets stockings at night. If your kids don’t go there, then your kids are not going to be stalked by predators just looking up prom pictures on Facebook.

Again, exactly right.  And yet, as I have pointed out here before, an irrational “techno-panic” has taken place in recent years over this issue even though the research just doesn’t back up the claim that predators are lurking on every cyber-corner.  Moreover, there’s not a stalker or a child abductor hanging out on every real world corner either. As she notes in the book, “the number of children abducted and killed by strangers [has held] pretty steady over the years — about 1 in 1.5 million. Put another way, the chances of any one American child being kidnapped and killed by a stranger are almost infinitesimally small: .00007 percent.” (p. 16)  And yet, parents today are practically paralyzed by the fear that if they let their kids out of their sight for even a millisecond, they will be snatched.

Skenazy blames sensationalized news coverage for much of this, and I tend to agree.  Even though there are many other tragic ways young kids die each year — and do so in far greater numbers — the media tends to focus on the freakishly rare missing child or abduction scenario until they have whipped up a full-blown public panic.  Incidentally, when those exceedingly rare abductions do take place, it is almost never at the hands of a complete stranger. Generally speaking, abductions by strangers “represent an extremely small portion of all missing children [cases].”  That conclusion was a central finding of the 2002 National Incidence Studies of Missing, Abducted, Runaway, and Thrownaway Children (NISMART), a study conducted by the Department of Justice’s Office of Juvenile Justice and Delinquency Prevention.  Instead, it’s known acquaintances and family members that represent the overwhelming portion of offenders. As psychologist Anna C. Salter, author of Predators: Pedophiles, Rapists, and Other Sex Offenders, points out, “[Sex offenders] are part of our communities, part of our network of friends, worse yet, sometimes part of our families.” Same goes for the abductions. In the vast majority of cases, it is relatives or parties close to the family (say, a disgruntled nanny) who snatches the child.  In other words, instead of being obsessed about letting your kids ride their bike around the neighborhood or play in the center of the mall, parents should be far more concerned with those they marry, date, or employ!!

In any event, read Lenore Skenazy’s Free-Range Kids.  It is beautifully written and immensely enjoyable. She is an insanely gifted writer that will keep you thinking and laughing at the same time.  That’s a rare gift, and her book is a much-needed gift to over-worried parents everywhere.  Read this book, stop worrying, and then tell you kid to go outside and play!


P.S. Quick closing rant… Can I just tell you how much I hate the scumbag trial lawyers who have made it impossible for my kids to experience the joys of diving boards at the local pool.  Steve Moore of The Wall Street Journal, who takes his kids to the same McLean pool my kids go to, explains how some greedy leeches lawyers have made it impossible for pools like ours to keep high-dive board around like we had growing up.  Maybe we should just ban pools altogether while we’re at it.  Fence-off all the lakes and streams, too.  After all, kids could drown!!

Incidentally, this reminds me of the most sensible thing every written about online child safety. In 2002, a blue-ribbon panel of experts was convened by the National Research Council of the National Academy of Sciences to study how best to protect children in our new, interactive, “always-on” multimedia world.  Under the leadership of former U.S. Attorney General Richard Thornburgh, the group produced a massive report that outlined a sweeping array of methods and technological controls for dealing with potentially objectionable media content or online dangers. Ultimately, however, the experts used a compelling metaphor to explain why education and sensible mentoring was the most important tool on which parents and policymakers should rely:

Technology-in the form of fences around pools, pool alarms, and locks-can help protect children from drowning in swimming pools. However, teaching a child to swim-and when to avoid pools-is a far safer approach than relying on locks, fences, and alarms to prevent him or her from drowning. Does this mean that parents should not buy fences, alarms, or locks? Of course not-because they do provide some benefit. But parents cannot rely exclusively on those devices to keep their children safe from drowning, and most parents recognize that a child who knows how to swim is less likely to be harmed than one who does not. Furthermore, teaching a child to swim and to exercise good judgment about bodies of water to avoid has applicability and relevance far beyond swimming pools-as any parent who takes a child to the beach can testify. (p. 187)

A child who knows how to swim is less likely to be harmed than one who does not.”  We could apply that lesson to just about everything in this world.  Teach your children well, and then let them live and learn.  And swim!

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And the “Luddite of the Year” Award Goes to… https://techliberation.com/2008/08/26/and-the-luddite-of-the-year-award-goes-to/ https://techliberation.com/2008/08/26/and-the-luddite-of-the-year-award-goes-to/#comments Tue, 26 Aug 2008 19:02:09 +0000 http://techliberation.com/?p=12223

burning PC… environmental attorney Dusty Horwitt, who recently published this outlandishly stupid and highly offensive editorial in the Washington Post calling for an information tax to reduce the supply of information in society. “[I]n our information-overloaded society,” he argues, “the concept of [too much information] is no joke. The information avalanche coming from all sides — the Internet, PDAs, hundreds of television channels — is burying us in extraneous data that prevent important facts and knowledge from reaching a broad audience.” His repressive solution?

It’s possible that over time, an energy tax, by making some computers, Web sites, blogs and perhaps cable TV channels too costly to maintain, could reduce the supply of information. If Americans are finally giving up SUVs because of high oil prices, might we not eventually do the same with some information technologies that only seem to fragment our society, not unite it? A reduced supply of information technology might at least gradually cause us to gravitate toward community-centered media such as local newspapers instead of the hyper-individualistic outlets we have now.

Mike Masnick of TechDirt and Richard Kaplar of the Media Institute do a fine job of ripping Mr. Horwitt’s absurd proposal to shreds. As Kaplar argues, it is “sheer lunacy” to “tax the technologies of freedom.” Unlike gasoline, there are no good reasons — not one — for government to ever take steps to reduce the supply of information. Mr. Horwitt is calling for public officials to use their taxing powers to destroy or limit opportunities for human communications and the free exchange of speech and expression. It is completely antithetical to a free society.

Moreover, if Mr. Horwitt really thinks there is too much information in this world, then perhaps he should lead by example and take his own site offline first! The rest of us will take a world of information abundance over a world of information scarcity any day of the week.

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