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COMMUNET Home

COMMUNET Home

COMMUNET  December 1993, Week 4

COMMUNET December 1993, Week 4

Subject:

Regulation of Post-Convergence "Information Utilities"

From:

David Rothman <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Mon, 27 Dec 1993 02:42:17 -0400

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (179 lines)

>DATE:   Fri, 24 Dec 1993 15:48:11 -0600
>FROM:   Barry Orton <[log in to unmask]>
 
[...]
 
>At the heart of the TCI-Bell Atlantic deal is the recognition
>that in a digital world, a bit is a bit, whether it is a component of a
>text, or audio, or video.  Regulation of these post-convergence information
>utilities must be structured to subsidize and preserve these electronic
>versions of the Free Public Library.
>
 
I applaud your goals; but, no, a bit is *not* a bit. Text-based material
normally carries more information per X number of bits than does any
other kind. And often the educational value is much greater. Do we want
children to spend more time with TV or with books (and educational
software)? Yes, video has its place. But isn't it possible that instead
of fixating on HDTV, the feds should also be encouraging industry to
come up with affordable, sharp-screened, truly word-friendly computers?
 
The networks and databases are the biggest variable, but not the whole
show. What about the machines at home? Will they have keyboards or be
able to used with them? And what about physical sizes of the machines?
Can a child take a 30-inch HDTV/computer to the library?
 
Let's keep this convergence talk in perspective and realize that TVs and
computers aren't quite the same creatures. Yes, CATV companies could and
should transmit telephone calls and e-books; but beyond that, we need to
rethink the prevailing dogma.
 
>One mechanism that should be explored is a public telecommunications
>trust >fund, generated from spectrum usage, franchise, and user fees.
>Local, >regional, and national projects involving public usage could be
>funded in a >similar manner as the National Telecommunications and
>Information >Administration's Public Telecommunications Facilities
>Program or its >National Endowment for Children's Educational
>Television. >
 
E-books and educational software should be free or almost free for the
most part (with fair compensation for publishers, writers, etc.). Again,
in my opinion, "a bit is a bit" doesn't do justice to the difference
between media. I doubt that most CATV trade publications will be
carrying articles with my philosophy, though :-)
 
>The other significant regulatory problem involves the ability to protect
>individual privacy and intellectual property, and, at the same time, allow
>widespread commercial activity in information.
 
Sounds nice. Now consider the realities in the case of material such as
e-text. Digital identification of individual copies to discourage
bootlegging raises privacy questions. So what about the encryption
route? Peter Sprague of National Semiconductor fame is CEO of an
encryption company that wants to charge publishers some 35 percent of
their revenue. Granted, as much of half of the money would go to makers
of PCs to encourge installation of Mr. Sprague's chips; and perhaps laws
instead could promote the chips. Still, if the best and brightest of
Silicon Valley can do only this well, serious questions arise about
encryption. Besides, if Congress has to encourage certain kinds of
chips, that won't be the best reflection on the Free Enterprise
arguments of Sprague and allies, including George Gilder, one of his
investors.
 
But back to my main point here: I worry about the introduction of
new-style ineffiencies--and about the possiblity of major gouges ahead,
with or without "regulation." Is it not possible that we're going to end
up just as unhappy as many of us are with campaign laws? Common Cause
thought it was cleaning up the government; today, however, PACs run
Washington or at least exercise more than their share of influence.
That's good news for CC fund-raisers, bad news for everyone else.
 
The old regulatory models, simply put, aren't always the answer. Never
mind the concerns over the cost of information. There are, ironically,
questions of property rights. Copyrights go on decades past creators'
deaths. We must not build a copyright system around technology that could
be easily bypassed in future years as computers grew more powerful and
cracking software and scanner-emulators improved. The best protection
against piracy of e-text is for material to cost so little that it won't
be bootlegged.
 
As I point out in teleread.txt (170K, available to anyone e-mailing  me
at [log in to unmask]), there are ways to cost-justify a national
library of books and educational software funded mainly from general
revenue.
 
How about TV and other big-money, broad-band offerings that can't be as
easily mass-bootlegged as e-text can be? There the traditional
regulatory models might work for some years. But eventually, I suspect,
when bootlegging is easier and when society is wealthier, the general
revenue approach  will be best.
 
A  decentralized system of librarians in many cities could choose
material qualifying for royalties from a national database. At the same
time we could let information providers to bypass the librarians by
gambling fees up front to qualify for royalties later on after a minimum
number of dialups. And of course publishers could run their own
databases, as  long as they offered material to the national library.
Furthermore, I favor a strengthening of the existing Internet--with
(among other  things) fair pay to developers of Gopher and other
software staples, and help for some operators of popular and useful
servers.
 
>Regulators should stay out of information content
 
Couldn't agree with you more. Down with the "Fairness" doctrine. It's
just another example of obsolete regulation. I speak, by the way, as
someone who never ceases to be amazed by the unfairness of the American
media. But under the First Amendment, that is their right. I'll mangle
some famous wisdom: Unfairness of the press (or the mike) should be
available to anyone who owns one. Short of libel, most anything should
go.
 
>, yet government protection of intellectual property
>and the privacy of transactions is absolutely necessary for any system of
>commercial trade in information to exist.
>
 
As I said, the outlook for copyright could be pretty gloomy as far as
protection of e-text under the system you propose.  Consider what
happens when journalists write about the Internet for major magazines or
newspapers. Very often the resultant stories whiz around the 'Net from
continent to continent, regardless to copyright. People *want* to share.
They'll do this with or without encryption. Look at the fate of Agrippa.
 
Privacy of transactions? Another argument for a national library that
would be either free or could charge very low subscription fees.
Record-keeping wouldn't have to be as extensive. Even then I'd still
like to see vending machines that would offer e-text to be downloaded
to the memory cards of people using anonymous debit cards.
 
>
>One interim tool for working out the relative responsibilities of the three
>layers of government with telecommunications oversight would be the use of
>joint boards - a tool designed to allow the FCC to jointly regulate with
>state utility commissions.
 
Ok, maybe in some states, the utility commissions work. In many places,
however, they're laughingstocks. And TV under the FCC? Well, it's gotten
*worse* in recent years. Maybe, sigh, things will be better in the era
of movies on demand.
 
>This is indeed a critical opportunity to plan our country's
>economic and social future.
 
You bet. We might begin by encouraging Silicon Valley to spend more R&D
money on book-friendly computers that could also be optimized for
writing and networking.
 
> However, in the rush to encourage the private
>sector to build the infrastructure, we should not forget the circumstances
>of provider dominance and market control that led to the antitrust action
>and Modified Final Judgement that created the "Baby Bells," and the
>circumstances of provider dominance and market control that led to
>enactment of the Cable Television Consumer Protection and Competition Act
>of 1992.
>
>To assume that the information utilities born from the marriage of telcos
>and cable operators would not again create such circumstances of provider
>dominance and market control would condemn us to repeat history by failing
>to remember it.
>
 
Your concerns are laudable. But you might want to place less emphasis
on regulation and more on alternatives.
 
**************************************************************************
David H. Rothman                             "So we beat on, boats against
[log in to unmask]                            the current...."
805 N. Howard St., #240
Alexandria, Va. 22304
703-370-6540(o)(h)
NOTE TO PEOPLE REPLYING *PRIVATELY* TO MY LIST POSTINGS: PLEASE DIRECT YOUR
           RESPONSES ONLY TO ME ([log in to unmask]) RATHER THAN
 TO THE ENTIRE LIST. BE CAREFUL THAT YOUR SOFTWARE DOES NOT AUTOMATICALLY
                   SEND YOUR NOTE TO EVERYONE ELSE, TOO.
  I *encourage* online, noncommercial reproduction of my public postings.
       Permission hereby granted--implicit, explicit, whatever. Down
          with unnecessary restrictions on the flow of knowledge!
**************************************************************************

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