Technology, Politics and You
Gavin Clarke, of The Register, interviewed me for an article he recently published.
For more, here are the questions and answers from that interview:
1. Your web site described Senator Orrin Hatch as "bad for the internet" - could you explain that in a little more detail? What statements or pieces of legislation endorsed by Hatch are bad?
Senator Hatch has shown that he doesn't understand the Internet or, at least, he does not welcome the kind of democratizing tool it can be. This attitude is clearly shown by sponsorship and promotion of the Digital Millennium Copyright Act (DMCA) and the Induce Act. It is shown by the amicus brief he filed with the Supreme Court in the MGM vs. Grokster case, essentially asking the court to make the Induce act law through court action. These actions favor big, entrenched business over small, innovative business.
I'm no friend of people who break the law and I have great respect for property rights, but many features of DMCA and the Induce act simply go too far, stifling innovation and potentially derailing our future in an effort to protect outmoded business models.
2. Do you see Hatch's comments as a danger for the producers of technology (because it potentially curbs their market and ability to innovate by making them legally responsible for the actions of their users) or more for the users of technology (like file sharers who are seen as a threat to copyright holders)?
I'm primarily concerned about the danger to technological innovators. I think the threat of potential copyright suits by Hollywood and the Recording Industry makes it difficult for new businesses to compete. Small businesses simply won't bother to enter the fray or will fold at the first threat of a suit -- even when what they are doing is legal.
Moreover, the continued erosion of copyright provisions, like fair use and the extension of copyrights to multiple decades, stifles creativity in other areas as well. Our culture is built on top of the culture of the past. Provisions of DMCA lock that culture away into little boxes -- it's no longer part of our culture. It's someone's property. Walt Disney built an empire by taking public domain works (like Cinderella) and dressing them up with his imagination. This is a crucial part of the western tradition. DMCA ensures that no one will ever be able to do the same thing to his creations and millions of others.
3. What's your view on legislation like the proposed Consumer Broadband and Digital Television Promotion Act (CBDTPA) and so-called Induce Act?
In principle, I disagree with legislation that tries to enforce public policy by mandating certain technologies or requires manufacturers to include specific technologies. While these seem like easy solutions to people frustrated with real problems, they are impractical because technology changes too fast. With respect to CBDTPA and Induce, the potential unintended consequences are simply too great.
4. It seems there is a trend for US politicians to back potential legislation that would make it an offense to distribute computer devices that permit copying of content (like Senator Ernest Hollings' CBDTPA and Orrin Hatch's Induce Act). Is this a comment on the power that Hollywood has to lobby politicians? And is this also a comment on the knowledge (or lack there of) among these politicians of IT, computers and the information economy?
I think it's a combination of the lobbying power of entrenched businesses and the lack of appreciation for how fundamentally different the economy and business are today than they were when these men left real-life and entered the beltway.
5. What can, or should, the IT sector do to raise the level of awareness and education among US politicians on these issues?
Step one, elect me. People who understand these issues need to take the responsibility to educate their elected officials – one way or another. Sometimes, that can happen when elected officials willingly interact with constituents. Otherwise, it needs to take place at the ballot box. I'm confident that if the technical community were to help turn out Senator Hatch, 534 other people in Washington would pay closer attention to technology in the future.
6. What is your view on file sharing? Is it a good thing, is it a good thing with limitations, or is it a bad thing?
File sharing technology is value-neutral, and it is amazing. The technology should be lauded. Like most good things, though, it can be used in inappropriate ways. In those cases, the actions, not the technology, should be discouraged.
7. Related to that, do you have a view on the concept of the creative commons - the concept of sharing of ideas via the internet community?
I'm a huge supporter of the Creative Commons and people's ability to decide what rights they retain to works they create. The potential upside for society fostered by this movement is limitless.
8. What can, or should, US politicians do to help foster the blogging/internet community as a community?
Politicians can best help blogging and the Internet community by staying out of the way. Politicians usually are a few steps behind society. When it comes to the Internet, they are laps behind. I'm much more interested in exploring what bloggers and the Internet community can do to promote better representation and better government. The possibilities are nothing short of revolutionary. I've enjoyed my pioneering role as a blogging legislator – as have my constituents. I look forward to opening the Senate up to the view of the people.
9. Do you have any tech backers for your campaign?
As you would expect, I have many tech backers, but more are always welcome.
10. Can you update us on how much support you have attracted from internet users, and what kinds of issue they have raised?
I've attracted significant support from Internet users. While their issues run the gamut, they do share a common chord of wanting a Senator who understands the role that the Internet and innovation play in today's economy and having someone there who will fight to protect that.
For more, here are the questions and answers from that interview:
1. Your web site described Senator Orrin Hatch as "bad for the internet" - could you explain that in a little more detail? What statements or pieces of legislation endorsed by Hatch are bad?
Senator Hatch has shown that he doesn't understand the Internet or, at least, he does not welcome the kind of democratizing tool it can be. This attitude is clearly shown by sponsorship and promotion of the Digital Millennium Copyright Act (DMCA) and the Induce Act. It is shown by the amicus brief he filed with the Supreme Court in the MGM vs. Grokster case, essentially asking the court to make the Induce act law through court action. These actions favor big, entrenched business over small, innovative business.
I'm no friend of people who break the law and I have great respect for property rights, but many features of DMCA and the Induce act simply go too far, stifling innovation and potentially derailing our future in an effort to protect outmoded business models.
2. Do you see Hatch's comments as a danger for the producers of technology (because it potentially curbs their market and ability to innovate by making them legally responsible for the actions of their users) or more for the users of technology (like file sharers who are seen as a threat to copyright holders)?
I'm primarily concerned about the danger to technological innovators. I think the threat of potential copyright suits by Hollywood and the Recording Industry makes it difficult for new businesses to compete. Small businesses simply won't bother to enter the fray or will fold at the first threat of a suit -- even when what they are doing is legal.
Moreover, the continued erosion of copyright provisions, like fair use and the extension of copyrights to multiple decades, stifles creativity in other areas as well. Our culture is built on top of the culture of the past. Provisions of DMCA lock that culture away into little boxes -- it's no longer part of our culture. It's someone's property. Walt Disney built an empire by taking public domain works (like Cinderella) and dressing them up with his imagination. This is a crucial part of the western tradition. DMCA ensures that no one will ever be able to do the same thing to his creations and millions of others.
3. What's your view on legislation like the proposed Consumer Broadband and Digital Television Promotion Act (CBDTPA) and so-called Induce Act?
In principle, I disagree with legislation that tries to enforce public policy by mandating certain technologies or requires manufacturers to include specific technologies. While these seem like easy solutions to people frustrated with real problems, they are impractical because technology changes too fast. With respect to CBDTPA and Induce, the potential unintended consequences are simply too great.
4. It seems there is a trend for US politicians to back potential legislation that would make it an offense to distribute computer devices that permit copying of content (like Senator Ernest Hollings' CBDTPA and Orrin Hatch's Induce Act). Is this a comment on the power that Hollywood has to lobby politicians? And is this also a comment on the knowledge (or lack there of) among these politicians of IT, computers and the information economy?
I think it's a combination of the lobbying power of entrenched businesses and the lack of appreciation for how fundamentally different the economy and business are today than they were when these men left real-life and entered the beltway.
5. What can, or should, the IT sector do to raise the level of awareness and education among US politicians on these issues?
Step one, elect me. People who understand these issues need to take the responsibility to educate their elected officials – one way or another. Sometimes, that can happen when elected officials willingly interact with constituents. Otherwise, it needs to take place at the ballot box. I'm confident that if the technical community were to help turn out Senator Hatch, 534 other people in Washington would pay closer attention to technology in the future.
6. What is your view on file sharing? Is it a good thing, is it a good thing with limitations, or is it a bad thing?
File sharing technology is value-neutral, and it is amazing. The technology should be lauded. Like most good things, though, it can be used in inappropriate ways. In those cases, the actions, not the technology, should be discouraged.
7. Related to that, do you have a view on the concept of the creative commons - the concept of sharing of ideas via the internet community?
I'm a huge supporter of the Creative Commons and people's ability to decide what rights they retain to works they create. The potential upside for society fostered by this movement is limitless.
8. What can, or should, US politicians do to help foster the blogging/internet community as a community?
Politicians can best help blogging and the Internet community by staying out of the way. Politicians usually are a few steps behind society. When it comes to the Internet, they are laps behind. I'm much more interested in exploring what bloggers and the Internet community can do to promote better representation and better government. The possibilities are nothing short of revolutionary. I've enjoyed my pioneering role as a blogging legislator – as have my constituents. I look forward to opening the Senate up to the view of the people.
9. Do you have any tech backers for your campaign?
As you would expect, I have many tech backers, but more are always welcome.
10. Can you update us on how much support you have attracted from internet users, and what kinds of issue they have raised?
I've attracted significant support from Internet users. While their issues run the gamut, they do share a common chord of wanting a Senator who understands the role that the Internet and innovation play in today's economy and having someone there who will fight to protect that.
posted by steve u. at 9/14/2005
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8 Comments:
that, to me, sounds like leadership.
Steve for Senate!
Lets not forget that he also came out in favor of allowing record companies to break into and destroy the computers of people suspected of downloading mp3s - the most blatant violation of due process i've ever heard of.
Link here - http://news.bbc.co.uk/1/hi/entertainment/music/2999780.stm
The picture is priceless.
-Alex, www.savethegop.com
Great interview. Keep it up.
If Utah is going to take part in the progress in the upcoming decades, we need leaders who know how to use technology and embrace it. Not run from it or try and destroy it. I think this is one of the most important issues in the upcoming elections.
Mr Hatch said damaging computers "may be the only way you can teach someone about copyright".
hahahahahaha! I'd heard about that legislation before but thought it was just a joke! classic.
I have been getting really annoyed with Senator Hatch of late. Two main reasons: His "blog" and his "questions" to Judge Roberts. I think the two are related.
I'm not sure I would consider what he does a 'blog' at least in contemporary conventional use of the term. For starters, you can't really converse, you can send him an e-mail and give him your e-mail address, but I would say there is an offensive lack of opportunity for dialogue for something that touts itself as a 'blog'. A great contrast is Steve's dialogue with Patrick about the constitutional justification for federal aid to New Orleans. Bravo Steve for explaining your position while responding to an articulate argument. Can anyone find Hatch responding to anything other than an offensive Strawman anywhere? Anyone? Anyone?
The stuff of Hatch's blog is what we've come to expect from him, and is increasingly grinding on my nerves, the gist of it is: "People, I actually know and rub shoulders with very famous people in DC." "People, can you believe that some stupid lawyer has made the pledge of allegience illegal? For the record: I am opposed to that!" "People, if it weren't for the democrats, I would be the most spectacular senator." Don't take my word for it, please read his blog.
On the Hearings: Is it just me, or is Hatch the clear winner in terms of lame questions for Judge Roberts? I'm frankly a bit embarrassed to claim him as my home state senator. His question yesterday went like this: [big introduction about why terrorism is a significant problem, and if anyone has any doubts, uh, remember 9/11?!!]...transition into sounding like this is a big important nuanced question...and finally delivering the actual question: Will you keep an open-mind about prosecuting terrorists? Surprisingly, Judge Roberts answered in the affirmative.
His next question basically went like this: The Democrats have got it all wrong, they thought you were saying x, These people are idiots! That's not how I heard you at all!!
In reviewing what has come about through this blog, It is clear that Hatch is so caught up in hating and blaming the other side for his political ineptitude, and I think to an extent, Utah has bought his argument. Steve, you have shown a simple alternative: expect results from your senator, and in the face of a pattern of failure, vote him or her out. Hatch seems to neither represent Utah, nor to have the ability or desire to help her. He is good at whining about the Democrats, and he is often excruciatingly embarrassing in public forums like Chief Justice hearings and "blogs" I love the idea of a Senator responsive to Utah.
Amen Wallace
As someone who will "represent" Utah, are we going to have someone who is representing the people more or the party more? I'm tired of the good ol' boy politics and some of the tactics of some politicians in things like getting back at people who do not agree with them on some issue (yes there was the PAC that went around and tried to get GOP cantidates, but there were also some GOP cantidates that were targeted for dirty campaigns by fellow Republicans too with things like last-second notes, allegations, etc). It seems like it is the "insiders" with the loudest voices who get heard while those who more soft-spoken get left behind. I really want someone who goes about things with integrity, rather than just to enhance a political profile.
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