[liberationtech] Privacy, Moglen, @ioerror, #rp12

Andre Rebentisch arebentisch at lxdesystems.com
Thu May 10 17:13:10 PDT 2012

Am 10.05.2012 18:40, schrieb Lee Alley:
>> Your model is being tested in Somalia. ;-)
> </lurkmode>
> Also depends on which bit of Somalia you mean ;-)
> http://www.economist.com/blogs/baobab/2011/06/aid-and-somaliland
> +1 for this discussion! Fascinating and informative! Thanks :-)

I do share the general scepticism against government regulators. It makes a difference if you argue markets are contestable by virtue
(which is true to a certain degree) to prevent regulation or enact policies so that markets ought to become contestable.

In the 1990ths cyberlibertarianism was widespread, as we had to struggle  
with the old state telecom monopolies, analog governments and crypto  
export regulations or even the remains of central planning. After 911 the 
state security paradigm set the agenda where civil society took the  
pro-freedom narrative. In the past five years old postponed debates  
reemerged that found new commercial allies (blocking, child porn,  
filtering, trade funnel). The surveillance and privacy debate of the  
1980ths onwards was mostly focussed on state interest in our individual  
data, today companies harvest data (made available to the state). In the  
Arab spring the targets are geriatric regimes and a rebellious youth.

The main question for me is how to get "good governance" in a field  
characterized by Schumpeterian competition.
How to make governance side with the challengers, not the old bulls. For  
instance 10 years ago Google was still  weak in lobbying. How do we avoid 
that regulators shoot in the cradle of emerging technology firms, add risks 
and strangulate emerging models? The toolset of open market policies 
(pro-competition, pro-openstandards, pro unlicensed spectrum, pro-open 
internet..) has insufficient support in multistakeholder fora. Patent 
regimes slow down the transition because challengers do not have large 

I originate from a city that was mostly dependend on the typewriter  
industry. All the companies a domestic legislator would have consulted  
back then about the future of word processing are now gone. When  
governments do not know what the dominant players of tomorrow would be it 
still makes sense to be first. Being first implies that you naturally  
would regulate against the current dominant business players to path the  
way for the challengers.

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