Tech Policy Debate: Do We Want Enlightened Leadership... Or A Hands Off Policy?

from the it's-important... dept

I know that many folks think that "tech policy" is boring -- but, for those who care about the tech industry and innovation in general, it remains an important issue. During The Free Summit earlier this week we tried to inject some tech policy issues. This was a key reason for having the event in the first place. Both the Free Summit and the Tech Policy Summit were organized and run by the folks from SageScape, who are quite concerned that the tech world doesn't care enough about what's happening in the political realm and how it might impact them. While someone brought up the question, during The Free Summit, of why we should care about the entertainment industry influencing copyright laws, since they were dinosaurs in the process of dying off anyway, we pointed out that the amount of damage they could do while dying was impressive, and shouldn't be underestimated.

The overall Tech Policy Summit was quite interesting (and I've done some separate posts on some of the specific speakers), but the two key discussions that I think crystallized the debate were the discussions with Obama advisor Blair Levin and Consumer Electronics Association boss Gary Shapiro. Levin laid out a very compelling case that now that we have someone who "gets technology" in the White House, a lot of good things can be done. He was quite anxious to get nominated FCC boss Julius Genachowski approved and visibly angry and frustrated that Senate games have delayed his confirmation. Indeed, after years and years of watching technologically illiterate policy makers mucking things up left and right, the idea of having tech savvy folks in the administration is incredibly appealing. While I don't always agree with Levin, his comments did lessen some of my concerns about what's going on with tech policy in the administration.

But then... thankfully... Gary Shapiro got on stage and challenged many of Levin's points, highlighting how dangerous it is to think that the government can be an enlightened player in determining how innovation should work:

"It's not the job of government to say, "You win. You lose. You win.' That's the job of venture capitalists. The government's just going to mess it up."

While I'd argue that it's the job of the folks in the market, rather than venture capitalists, I think his point is sound. We should be worried about such massive government intervention -- even if it's coming from people who do seem to understand technology issues. Unfortunately, it had been so frustrating dealing with clueless tech policy makers for so long, the idea of more clueful tech policy makers seemed so appealing that you start to forget there's a third option: government getting out of the way.

And, realistically speaking, this should be a big concern. Even if Obama's appointments really are brilliant about technology, and put in place wonderful plans... what if the next President isn't quite so technologically clueful? Giving the federal government too much say in shaping the tech market landscape is dangerous long-term. It's why we should certainly be careful and watch what the government is doing, even if you believe the participants really are smart and knowledgeable about these subjects.

Along these lines, I should point out how strong an advocate Shapiro has been (for a long time) of consumer-first policies. Some will point out that these interests align well with the consumer electronics firms he represents, but if you just speak to the guy for a little while, you realize how strongly he believes in consumer rights because it's right, not just because it helps the companies he works with. And, unlike some of the other big names at the event, Shapiro was very involved in the entire event -- getting up to ask plenty of questions and challenge lots of speakers who said questionable things (he gets extra points for zinging David Carson, from the Copyright Office by asking him: "Do you represent the interests of copyright holders, or the public, because everything you say appears to be from the interests of the copyright holders only?"). Lots of us know about consumer advocacy organizations like the EFF and Public Knowledge, who fight for consumer rights on many of these issues, but Shapiro and the CEA deserve an awful lot of credit as well.

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State Of The Net: Blair Levin Tells Us To Not Freak Out Yet On Obama's Broadband Plan

from the benefit-of-the-doubt? dept

While we certainly think that having a better broadband policy in the US is an important step, there's a difference between just saying that you have a broadband policy, and actually implementing a plan that helps improve broadband. The devil's in the details, as they say. And... so far, the details that have come out have suggested that the key elements under discussion look something like a boondoggle for incumbent providers, rather than a truly comprehensive plan to stimulate actual competition in the broadband space.

On Wednesday, I got to attend the Congressional Internet Caucus' State of the Net 2009 conference, where the opening (surprise) speaker, was Blair Levin, one of President Elect Obama's tech transition team. In his remarks, he clearly tried to respond to these criticisms raised by us and others by suggesting (1) that the team is still tossing up a variety of ideas and nothing has been concluded and (2) there are two elements that need to be considered: (a) a short-term "stimulus" plan to get the economy churning and create new jobs and (b) a more comprehensive broadband policy. From this, he suggested that the first part -- the "stimulus" part -- would have to involve "existing structures" (i.e., the incumbents), but that was only a piece and "not the whole puzzle" or "just an inning, not the whole ballgame."

While it's a relief that the tech team recognizes there is a larger issue, I think it's important to keep hammering home the point, because this has all the warning signs of a "best laid plans..." situation. The initial "bailout" (and the ISP representatives keep making sure to say "it's a buildout, not a bailout") as an initial stimulus just seems ripe for abuse. The incumbent players have almost no record of either playing fair on these issues or delivering what they promise to deliver. And, why should they? There's been no downside to simply accepting the subsidies and not delivering. And, of course, after that happens, there may be the next crisis to deal with. Do we ever get that really comprehensive broadband plan? Remember, President Bush also had big plans to provide a massive broadband policy... and that went nowhere.

While I understand the point that Levin is making for separating out the short term action and the long term action, it's still not clear that the short term strategy makes sense and will do what it's supposed to do. And then there are questions about whether or not the long term strategy will ever actually show up. Combined... you have to wonder if we're just hearing a lot of hype about nothing. I'm sure Levin and the rest of the team are earnest in what they want to do. From what I've seen from the folks working on the transition, there are an awful lot of really smart, dedicated and sincere folks involved. So that's (at least) a good first step. But going from there to actually implementing something real that's useful? That's a big step, and we've heard enough vague promises over the years not to take such a promise at face value. Hopefully, we'll be surprised, and both the short and long term plans will make sense -- but considering how many times the "best laid plans" of government officials have gone off the road and into a ditch, it's hard to provide the benefit of the doubt without at least a little more info on what's really happening.

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