Government Policy and Technology Innovation

In a way that mirrors yesterday’s court ruling, the FCC announce they were going to investigate and likely force serious changes in the world of set top boxes. The FCC, at one point, forced and supported the cable industry in controlling the types of set top boxes (Set top boxes are cable boxes – Roku and AppleTV are cableless competitors) available to consumers. Since then, we’ve suffered with mediocre and extremely expensive boxes. Boxes that cost $16/month and over time you end up paying for a box 10 times over. The gist of this issue is whether or not to allow companies to make “soft” cable cards. Right now, if you want to decode any video from a coax cable from Comcast, you must have a physical card to do the decoding. There’s nothing preventing this from being accomplished entirely using software once you get the signal into the box and that’s what this is trying to encourage.

Granted, this has taken a while for the FCC to wake up and look at the competitive landscape and see that this isn’t in the public interest. Defining exactly what is in the public interest is a difficult because everyone sees this in a different light. However, it’s pretty obvious that something that you end up paying $1,920 over span of ten years isn’t in the public interest. The competition, Roku and AppleTV, each cost between 100-200 one time and you can use it until it dies which will probably be something like 10 years. I’ve had my Roku HD for 5 years now and it still works great. It would make perfect sense for me to buy a version, assuming I had cable at all, that would allow me to watch cable through it. Everything all in one place.

This is the type of regulation that government should be celebrated for encouraging. Granted they screwed it up to begin with and they are only righting a wrong now, but they’re on the right path. Regulation like Net Neutrality is a similar decision that can spur innovation. Looking at T-Mobile’s binge on plan, you can see why we need this. If I’m a small streaming company or, ya know, YouTube, I look at this platform and see how it’s slanted against me and limits what I’m capable of delivering on T-Mobile’s network.

in the case of the FBI and forcing technology companies to change their technology to reduce security, it’s nice to see an organization that’s willing to at least consider improving opportunities for innovators. Sure it may look like picking winners and losers – but when most policy is driven by current winners picking them to lose sure looks more like balancing the playing field to me.

Privacy, Government, and Business

This week there were two big moments for privacy. First, was a ruling by a court that Apple had to unlock in some manner, call it decrypt or creating a backdoor into this specific phone. Second, was the fact that Apple, and now Google, has given the state a big middle finger saying “No!” These are important because of the gravity of both of these. The FBI is using “The All Writs Act” something from the 18th century and definitely not written to support dealing with difficult technological issues on technology that would appear to be magic to the author’s of the act. This is definitely stretching this law to its limits and likely beyond what is realistic, but it sets a precedence which is dangerous. The second part is important as both of these companies have been working with the government to provide data to them in the past.

While both of these companies are standing up to the government is great, it’s not enough. With a limited number of powerful players, it’s only a matter of time before they lose to the government or be threatened in some way that will require them to play ball with the government. On the other hand, smaller companies won’t have the money to fight the government, so even if you want to support a smaller company with privacy as its core values, there is no guarantee that they will be able to follow through. Furthermore, if the government forces the company to re-write its operating system, like Apple effectively has to do, the company might go bankrupt. With a precedence set by the Apple decision, a small phone company like Silent Circle and their Blackphone, would be forced to capitulate unless they were able to show that this was unduly burdensome.

The other issues with this case is that businesses are only fighting for what is “right” here because it will help them improve their bottom line. Of course, they are also fighting for their own personal privacy as an employee of the company and consumer of its products, but the goal is to improve profitability. Across the world it has been shown that privacy and protection from agencies like the NSA (US) and GCHQ (UK) is something that people are willing to pay for. Apple learned this from Blackberry during the Arab Spring – they emulated the encryption of the Blackberry Messenger with their iMessage application. This help transition some of the last hold-outs to Apple and eventually spurred other similar apps.

I believe it is likely that the Electric Frontier Foundation will be a strong advocate for Apple, so if you want to support Apple in their battle with the government I recommend donating to the EFF, especially if you don’t support Apple for its other business practices. I know I will.

On Justice

Justice means many things to people across the world. In many cases it means equality, getting what is just based on social norms, or ensure the rule of law is truly followed. None of these are easy. Each one is complicated and these ideas of justice really only scratches the surface. In the US there are further complications on the second point, as these social norms vary widely throughout the socio-economic spectrum.What may seem just to a white man will seem cruel and unfair to a black man in the inner city.

Over the past few days at my in-law’s I’ve had a lot of conversations about justice, politics, and what is the right thing to do. The death of Supreme Court Justice Antonin Scalia has only added fuel to this fire. While I didn’t agree with much of his politics and was ready for him to retire, many people needed his voice on the Supreme Court to validate their perspective and social norms. Whoever is nominated and confirmed will have a huge impact on the future of Judicial decisions in the US. They will either tip the scale to entirely Liberal with a lot of cases going 6-3 or at “worst” 5-4.

This impact will go beyond social issues such as abortion, LGBT rights, and government healthcare. It will have repercussions in cases devoted to privacy, new technologies, and likely most important for certain communities, police department and District Attorney behavior around police killings.

Justice doesn’t always come through the court though. In rare cases there are politicians that stand up and actually push for what they believe in is justice. In cases like income inequality or political access, there are a few politicians that are willing to stand up and say “No.” Standing up against corruption in a leadership position is vital to ensure the health of any community. I think this important to support even if you don’t support that person’s overall political views. The only way to improve politics is to get as much money out of it as possible – which will begin to enable justice across the body politic.

Justice isn’t just for the white majority, it’s for everyone.

Economics are Tools

I read an interesting article on The Atlantic the other day, probably read it in the past as it was an OpEd written in 2013, but is still as important as ever. The article’s premise is that there are no Economic Laws.

This of course is obvious, as in hard science we never refer to anything as “Laws” any more, other than antiquated theories that represent paradigmal thinking from great minds of the past. For example, the Law of Gravity has been significantly modified with the Theory of Relativity. Sure, the underlying math of the “Law” works for the most part, but breaks down under certain conditions. Meaning that it’s not actually an unbreakable law.

Even in Mathematics there are no true laws, there are theorems that are true, however not all those theorems can be proven to be true, according to Godel’s Incompleteness Theorem.

If we are unwilling to say that there are no laws in Mathematics and Physics, how can we so willingly say there are laws in Economics? This is foolish as it pushes us to think that the Economics is unchangeable and thus works consistently across all conditions and times. Recently the IMF released a report essentially arguing that the trickle down effect doesn’t work as it truly doesn’t “raise all boats”.

We must instead look at Economics as a tool, one that is imperfect and should not be used to moralize. However, it can be used in policy as long as we are willing to abandon the tool once we see that it does not work. Furthermore, tools that worked once don’t always work in every situation. There are tools that are more flexible and likely to work than others, similarly to specific frameworks. This is true in Process Improvement as it is in Development and Economics.

We need to seriously look at our policy tools and think about abandoning some of our economic frameworks as they are hurting the economy.

New FCC Rules and competition

A friend retweeted the Tweet below today and it got me thinking about the broader context of the FCC rules that past last Thursday

Two things struck me about this tweet. First, it’s disappointing that the author doesn’t understand Title II better considering he co-founded the EFF. Second, that Title II as implemented was designed to do nothing about ISP competition. As I wrote on KBMOD this week, Net Neutrality has no provision for “Unbundling” which would promote competition amongst ISPs at the local level. Unbudling, according to Wikipedia, is a regulation that requires existing line owners (such as Comcast) to open up their lines to anyone that wants to sell cable, internet, or telephony access. Unbundling, under a much more restrictive Title II, is the only reason that AOL was successful as a business model. Since this provision of Title II was forborne, Title II will not, in fact, be for promoting competition in ISPs at all.

Instead, the FCC, at least in my opinion, looked at the Internet as a general purpose platform technology. They were looking to ensure competition ON the technology not between technology carriers. For example, the FCC wants to see as much competition as possible between companies like Netflix, Amazon Prime Video, Hulu, and Comcast’s Xfinity service. However, they want to make sure that Comcast cannot foreclose on the video delivery service by leveraging their existing monopoly in telecommunications. What that means is that Comcast could create rules or an environment where Netflix cannot compete and Comcast customers MUST use the Xfinity service because alternatives didn’t function well (Foreclosure is the thing that got Microsoft with Web browsers).

The FCC did enact a rule that will impact competition at the local level though. It’s a limited rule because it impacts only Tennessee and North Carolina. It is preempting state law by stating that it is legal for municipalities to develop their own broadband networks. Broadband build out is prohibitively expensive for an entrepreneur to set up a network, however if they had a backing of a municipality that is willing to share the risk and the reward, it might be possible for an entrepreneur to build out their own broadband network on a limited scale. Municipalities aren’t the ideal solution to this, it would be significantly more preferable if other businesses moved into areas and built new broadband networks, however unless they have a massive amount of money, like Google, it’s unlikely to happen. A bridge between is a public-private partnership where private enterprise, which has the telecommunications expertise, partners with a municipality, which has the demand and financial support, to build a network.

With the ruling on municipal broadband being so limited, it’s not going to make much of an initial impact, however it’s likely that other municipalities will try to jump on that bandwagon and overrule laws at the state level (as a note I’m not going to argue if this is something they have the authority to do, I’m just looking at the potential impact of the rule).