« Ed Crane on liberty, etc. | Home | FCC spares cable from open access »
June 7, 2002
Tech Policy's Dirty Dozen
A recent report from the Cato Institute discusses the steady increase in legislative and regulatory activity surrounding technology—noting that nearly 350 tech-related pieces of bills were proposed in the 107th Congress—a large increase. While some of these are promotional in character, alarmingly most are more regulatory in nature. Cato is right to worry that politicizing this dynamic industry and imposing a traditional command and control regulatory paradigm subject to the whims of the bureaucratic elites under the canard of "public interest" would be an unmitigated disaster.
The Economist is right to point out that much of this has been brought on by the technology community itself and that government programs and investment have contributed to tech development, though they are wrong to brush off Valley libertarianism and to suggest that “Without money from the Pentagon, Silicon Valley might still be covered with fruit orchards” in this fairly snooty article.
While the tech community occasionally gets rankled when politicians mess with options accounting or do Hollywood’s dirty work for them, by-and-large it has stood by or even lent a hand as Pandora’s box has been opening. Are we prepared for technology to wallow in the regulatory morass that the telecom and biotech industries endure? I can’t think of a greater danger to the dynamism and growth of the tech industry.
Cato’s list follows:
- S. 1364, Telecom Fair Competition Enforcement Act: Proposes another divestiture or break-up of the local telecommunications network in an attempt to encourage competition.
- S. 792 and H.R. 2246, Media Marketing Accountability Act of 2001: Would impose federal standards on electronic advertising and marketing activities, which would be tantamount to government censorship.
- S. 512 and H.R. 1410, Internet Tax Moratorium and Equity Act: Would authorize a multi-state tax cartel for the purposes of collecting sales taxes on electronic commerce transactions.
- H.R. 718, Unsolicited Commercial Electronic Mail Act of 2001: Would regulate commercial e-mail solicitations.
- H.R. 2724, Music Online Competition Act: Would seek to expand the licensing of online music through a requirement that the same terms be offered to all licensees.
- S. 2048 Consumer Broadband and Digital Television Promotion Act: Would mandate that digital devices contain copy protection technology, or digital rights management (DRM) tools, to protect intellectual property. The bill would also make it illegal to remove or disable the DRM technology.
- S. 927 and H.R. 1837, Mobile Tele-phone Driving Safety Act and Call Responsibly and Stay Healthy (CRASH) Act: Would impose constitutionally questionable mandates on states by demanding that they prohibit individuals from using cell phones while operating vehicles. States that failed to implement such a ban would lose a portion of their federal highway funds.
- S. 88 and H.R. 267, Broadband Internet Access Act: Proposes the creation of a tax credit regime to spur broadband diffusion, particularly in rural areas.
- H.R. 1697 and H.R. 1698, Broadband Competition and Incentives Act and American Broadband Competition Act: Would impose increased antitrust over-sight of the telecom sector.
- H.R. 237, Consumer Internet Privacy Enhancement Act: Would provide consumers with the ability to opt out of information sharing by online firms.
- H.R. 556, Unlawful Internet Gambling Funding Prohibition Act and H.R. 3215, Combating Illegal Gambling Reform and Modernization Act: Would outlaw the use of certain banking instruments for purposes of conducting online gambling.
- H.R. 1531, Cell Phone Service Disclosure Act: Authorizes the FCC to establish regulations governing cellular industry quality.
Leave a comment