Study
Giving Chase in Cyberspace
Full Document Available in PDF In the debate over identity theft and online security, commentators…
Blog
No “Grounds” for Antitrust Charges against Starbucks
Blog
Splinternets
Study
Ten Thousand Commandments: An Annual Snapshot of the Regulatory State
News Release
Statement on the “Audio Flag” Provisions of the “Communications, Consumers’ Choice, and Broadband Deployment”
Washington, D.C., June 22, 2006—Among the provisions in the "Communications, Consumers’ Choice, and Broadband Deployment Act" being marked up in the Senate Commerce Committee…
Op-Eds
Data Mismanagement
Members of Congress, both Republican and Democrat, now say that Sarbanes-Oxley can be unduly burdensome on business. The law that, in…
Op-Eds
Sunset the FCC
Reforming telecommunications law is a favored subject in the halls of Congress this year. Hot issues include streamlining video franchising and addressing the "net…
Study
Antitrust Skeptic’s Bibliography
For more than two decades, the willingness of policy makers to rethink the presumption that economic regulation automatically benefits consumers has driven the deregulation of…
Op-Eds
U.S. tech: Get to China
We once scorned the idea the Internet could be censored. Many politicians have tried to stop porn, but always to no avail. Spam still…
Products
No Regulation Without Representation
The exact cost of the federal regulatory state may never be fully known. As with taxes, firms generally pass along to consumers some of their…
Op-Eds
The World Wide Web (of Bureaucrats)?
Kofi Annan, Coming to a Computer Near You! The Internet’s long run as a global cyberzone of freedom—where governments take a “hands off” approach—is in…
Citation
The Regulators
Study
Ten Thousand Commandments
Full Study Available in pdf format Executive Summary In the fiscal…
Washington Post
The Road to Riches is Called K Street
The Washington post discusses the number of federal regulations with Wayne Crews. In addition, President Bush has signed into law five major tax-cut…
Study
The Revolution Spins toward More Regulation
Full document available in pdf format. …
Study
Cybersecurity Finger-Pointing
Washington Post
Helping Hollywood Help Itself
The agenda for last week’s Digital Media Hollywood Summit reads like a self-help guide for the content industry. Sessions on the economics of media convergence…
Products
Cybersecurity: Markets or Mandates?
Full Document Available in PDF Private cybersecurity initiatives will gradually move us…
Study
Threats to Competitiveness in a Political Environment
Full Document Available in PDF This essay may seem depressing, but…
Op-Eds
Square Off: Is Cyberterrorism Being Thwarted?
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> YES: Businesses have re-examined continuity plans, and governments have addressed physical and Web…
Study
Cybersecurity and Authentication
Op-Eds
Too Smart For Our Own Good
Comment
The Antitrust Modernization Commission: Proposed Issues for Reform
Comment
The Antitrust Modernization Commission: Proposed Issues for Reform
Op-Eds
Antitrust: Sherman’s March Across the Globe
President Bush’s bipartisan Antitrust Modernization Commission held its first meeting in July. But after 114 years, America’s antitrust regulatory regime is overdue for burial, not…
Products
CEI Planet: September 2004
Full document available as a pdf. Tort Law “to Make Law,” by Ivan Osorio and Elizabeth Jones …
Products
Nanotech’s Choice: Pork or Innovation?
Op-Eds
Wave of Regulations Will Follow Tsunami of Federal Spending
On top of the $2 trillion in tax revenues the government now collects, agencies issue more than 4,000 yearly regulations. Costing some $800 billion annually, regulations…
Op-Eds
Can You Overhear Me Now?
The Justice Department has asked the Senate for help in extending hidebound, phone-company style wiretap capability into new Internet-based phone calls (called “VoIP” for…
Washington Post
Ad Schemes Bring Retailers Bad Publicity
Business Journal
Feds Added 4,148 Rules in ’03
Study
Ten Thousand Commandments
Op-Eds
Should the Government Fund Nanotechnology Research?
Full article available as pdf. …
Op-Eds
Google Gmail Jousting
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> The Google Internet search engine embodies the classic tale of the garage-based…
Op-Eds
Government Wants to Make Internet Phone Calls Wiretap-Friendly
Op-Eds
End Subsidies for Nanotechnology
Op-Eds
UN-Dermining the Net
There's mounting evidence that the Internet's good old days as a globalcyberzone of freedom—where governments generally take a “hands off” approach—may be numbered. [Last year] delegates from 192 countries met in <?xml:namespace prefix = st1 ns = “urn:schemas-microsoft-com:office:smarttags” />Geneva to discuss how the Internet should be governed and what steps should be taken to solve the global “digital divide” and “harness the potential of information” onbehalf of the world's poor. Also on the table at the session—the UnitedNations World Summit on the Information Society—was the question of domainname management and how much protection free speech and expression shouldreceive on the Net. The real issue, however, is whether a “United Nations forthe Internet” is on the way. The great advantage of the Net is precisely the ability to reach as many peopleas possible and overcome artificial restrictions on trade or communications attraditional geographic boundaries. The Web, whatever problems it has raised,has provided far more opportunity and freedom to mankind. The United Nationsappears eager to assume greater control over the Net, not because of itsfailures, but because it undermines members' authority. That sounds like thebest reason ever to make sure a United Nations for the Internet never becomes areality. …
Op-Eds
Everybody Wants to Rule the Web
There’s mounting evidence that the Internet’s good old days as a global cyberzone of freedom—where governments generally take a “hands off” approach—may be numbered.
Op-Eds
Resentment, fear drive U.N. quest for control
There’s mounting evidence that the Internet’s good old days as a global cyberzone of freedom—where governments generally take a "hands off" approach—may be numbered.
Op-Eds
Wishful Anti-spam Thinking
Tomorrow, the House is expected to pass new anti-spam legislation. The effort is understandable: The increasingly apparent downside of an Internet on which you…
Op-Eds
Manager’s Journal: What Media Monopolies?
AN ODD-BALL COLLECTION of special interests are patting themselves on the back this week after convincing the House of Representatives to scale back…
Op-Eds
Stop This Today! Unsolicited E-mail vs. Unsolicited Legislation
<?xml:namespace prefix = v ns = “urn:schemas-microsoft-com:vml” /><?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /><?xml:namespace prefix = w ns = “urn:schemas-microsoft-com:office:word” />In a…
Op-Eds
Letters to the Editor: We Must Address the Root Problem of Spam
<?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> Much of the Internet industry's newfound support of e-mail spam legislation seems…
Op-Eds
Junk Laws Can’t Cut the Spam
Unsolicited commercial junk email, or “spam,” is a huge problem. Especially the porn; I have to shoo my children out of the room whenI check my e-mail. But junk legislation offered up to presumably solve the problem can make things worse. Touted at an unsolicited press conference last week, Sen. CharlesSchumer, New York Democrat, proposed legislation that would imposesubject-line labeling requirements for commercial e-mail (it wouldhave to say “ADV”); forbid concealing one's identity; mandate an”unsubscribe” mechanism; ban the use of software capable ofcollecting e-mails from the Internet; set up stiff non-compliancefines; and establish an expensive (and likely hackable and thus worse-than-useless) Do-Not-Spam list at the Federal TradeCommission. Of course, politicians exempt themselves as possibleoffenders under anti-spam legislation, remaining free to send usjunk campaign material. The downside to an Internet in which you can contact whomever youwant, is that anyone can contact you. Spammers pay no postage orlong-distance charges. The solution is to shift those costs back tothe spammer; the question is whether to do that is legislatively ortechnologically. Plainly, peddling fraudulent merchandise or impersonatingsomebody else (such as a person or organization like AOL) in the e-mail's header information should be punished, as should breaking anagreement made with an Internet service provider (ISP) thatprohibits bulk mailing. But in the debate over the outpouring of spam, it's important toavoid unintentionally stifling beneficial e-commerce. Regulatingcommunications isn't something to be done lightly. If a law merelysends the most egregious spammers offshore to continue hammering us,that may simply create legal and regulatory hassles for smallbusinesses trying to make a go of legitimate e-commerce, or formainstream companies that are not spammers. Commercial e-mail, evenif unsolicited, may be welcome if the sender is a business sellinglegal and legitimate products in a non-abusive manner. As the market works to shift costs of commercial e-mail back tothe sender, we must be on guard against legislative confusion inapproaches like Mr. Schumer's: How might the definition of spamexpand beyond unsolicited and commercial e-mail? What about unsolicited political or nonprofit bulk e-mailings,press releases, resume blasts and charitable solicitations? Whatabout newsletters that contain embedded ads? Or what about one'spersonal e-mail signature line with a link back to one's employer?That's a subtle solicitation, whether we admit it or not. At thevery least, unwise legislation would create serious headaches fornoncommercial e-mailers like nonprofit groups. Would pop-up adsbecome suspect in the aftermath of spam legislation? They're not e-mail, but they are unsolicited and commercial. Finally, legal bans on false e-mail return addresses, as well asbans on software capable of hiding such information, have worrisomeimplications for free speech and anonymity for individuals, and willbe ignored by spammers anyway. Well-meaning individuals can use”spamware” to create the contemporary version of the anonymousflyers that have played such an important role in our history.Individuals should retain the ability to safeguard their anonymityeven in (or perhaps especially in) a mass communications tool like e-mail. In an era in which so many people are concerned about onlineprivacy, a law that impedes a technology that can protect suchprivacy would be curious indeed. Smarter approaches to the spam epidemic include better e-mailfiltering, such as setting the owner's screen to delete bulk mailand to receive only from recognized and approved e-mail addresses.That's particularly appropriate for children's e-mail accounts.Emerging “handshake” or “challenge and response” systems capable oftotally blocking spam show promise: Because the most offensive spamis sent by automatic bulk-mailing programs that are not capable ofreceiving a reply, spam no longer appears in the in-box. Identifiers or “seals”' for trusted commercial e-mail could beanother means of helping ISPs block unwanted e-mail. A newconsortium including America Online, Microsoft, and Yahoo, toestablish “certified” e-mail would bolster this approach. Given the perfectly understandable desire to stop unsolicited e-mail, it is all too easy for Congress to undermine legitimatecommerce, communications and free speech. And crippling Internetcommerce would be especially pointless if spam continued pouring infrom overseas. A better target is unsolicited press conferences,like the one at which Mr. Schumer dropped his bill. $25,000 fine, atleast. Send payment to [email protected]. <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” />…
Op-Eds
When Molecules Fly
Should the federal government fund scientific research with taxpayer dollars? Boondoggles like the Superconducting Supercollider, the space station, energy research programs, the Supersonic…
Op-Eds
The Poindexter Awareness Office: Turning the Tables on Mr. Supersnoop
Talk is cheap, but surveillance is, too. <?xml:namespace prefix = o ns = “urn:schemas-microsoft-com:office:office” /> The federal government's…
Op-Eds
The Chill from the Pentagon: The Total Information Awareness Project
Op-Eds
Human Bar Code
Op-Eds
Snoop, There It Is
As if it needed another headache after the dot-com and telecom crashes, the technology industry is facing a renewed push by Washington politicians…
Op-Eds
Electricity Restructuring Is No License For Central Planning
Economists sometimes gets confused—specially when the real world doesn't fit into their…