Keep Azeroth Tax Free!

With massive budget deficits, an ever-increasing trade deficit, and fear that our aging population will be unable to support spiraling Social Security and Medicare costs, the Republicans have finally begun to consider softening their hardline stance against imposing new taxes.

Bad news, rather than try to raise revenue from companies locating off shore or megacorps enjoying windfall taxes from manipulating oil prices, the Republicans prefer to tax “virtual places” like Azeroth and Second Life’s user constructed “the World”.

I know the current crop of Republicans tend to live in a happy fantasy world where we we are treated like liberators in Iraq, all Americans are enjoying the benefits of our booming economy, and deregulation cures cancer and whitens your teeth, but GOOD GRIEF!

I swear to God, it’s like Terry Prachet working with Neal Stephenson instead of Neil Gaiman.

What’s next, real estate taxes on Boardwalk and Park Place? Capital gains taxes on Yahoo’s “virtual portfolio” tracker? Income tax every time I fantasize about winning the lottery?

Why Congress needs to stop playing with itself and get a life below . . .

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Quasi-muni wireless for Colorado Springs?

This front page article in today’s Colorado Springs Gazette discusses a proposal for a private company to provide wireless throughout the city. There would be a user fee; it would not be a free service.

This would not be a “Muni wireless” of the kind favored by many of us Wetmechanics, but still, given my recent experiences with Adelphia, (see Wetmachine article below this one (including comments)), I might tend to favor it, on the theory that anything is better than having to rely on the local cable monopoly. Colorado Springs is generally a very conservative town, despite having liberal pockets here and there, and I don’t think a muni wireless would have much chance of passage.

Yesterday’s Gazette carried another front page article about (outrageous?) bonuses paid by the municipal utility company, and the tenor of comments on the Gazette’s website indicates a quasi-religious belief in the virtues of private companies relative to municipalities. And religion is very strong in Colorado Springs.

I would be interested in Harold Feld’s analysis of the proposal for Colorado Springs, and in your comments too-also, even if you are not Harold.

When access to the Internet is a matter of life and death, Adelphia fails it

I write this hasty note from a friend’s office in Colorado Springs. I’ve been in “the Springs” for going on two weeks, and I hope to get back to my home in Massachusetts some day. I’m staying with my brother and sister-in-law and their young children, trying to help them through a rough patch. Without going into particulars, both parents are fighting for their lives. Think, transfusions and blood counts. Think, paralysis, wheel chairs, emergency rooms. You get the picture.

Last Wednesday, the day after a storm which had knocked out the electricity for ten hours, a technician from Adelphia knocked on the door. “Tech #6” was his name. He informed me that he was going to check things out outside the house. His visit was a little mysterious, since we were having no problems with any service provided by Adelphia, but I said, “fine.” Shortly later he left, after first informing me that he had detected no problem. Ten minutes after the departure of Tech #6 I noticed that the Internet connection no longer worked. I had been working on the internet when he arrived. Everything had been working just fine until then.

Well guess what, friends, the Internet still no longer works at my brother’s house (although cable TV still does). I’ve spent about fifteen hours trying to solve the problem with Adelphia, most of that time spent on hold, and when not on hold, getting conflicting information from Adelphia customer-service people about whether or not there was an outage in the neigborhood, and when we might expect to have our service restored. I’ve been promised “call back within 24 hours” and “call back within the hour” five times. I’ve talked to supervisors and their supervisors. This has been as effective as talking to the wind and its supervisors. We have received no calls back from Adelphia. I’ve explained that there are disabled people in the house who cannot use the telephone and who rely on the Internet for daily consultation with their doctors. I’ve explained that loss of Internet connectivity was coincident with the uninvited arrival of Adelphia Tech #6. Evidently these considerations mean nothing to Adelphia. To borrow a line from Ernestine the Operator, “They don’t care. They don’t have to.” Or as Harold Feld might say, “being a monopoly means never having to say you’re sorry.” Every promise they have made has been broken.

Meanwhile, the loss of Internet connectivity has not only made caring for my brother and sister-in-law downright frightening, it’s made it virtually impossible to keep up with my day job. But, no time to lament that now. The kids will be coming home from school soon, and I better scoot to make sure everything is OK back at the house. But once things get a little bit back to normal, I’m going to investigate what this “filing a complaint with the FCC” business is all about. I hope that it provides a little catharsis, anyway.

The AT&T Merger Saga Continues . . .

No one could mistake last week’s twists and turns in the proposed AT&T/BellSouth merger for the excitement, titilation and hijinks of the Foley Follies. But by the staid standards of telecom policy, last week’s swirl of activity constituted a veritable Telanovella of intrigue and power politics. Duelling Congressional Committees! Kevin Martin pushes for a showdown, but Dems Michael Copps and Jonathon Adelstein hang tough! Martin stages a “strategic withdrawal,” but schedules a new vote for November 3 after he returns from his long-planned trip to Asia. AT&T offers new concessions, kicking off a fresh round of public comment and criticism of the merger. And what will happen to the Notice of Inquiry on network neutrality that Martin offered the Dems as an incentive to approve the merger? Is it still on the table?

I’m all aflutter, I tells ya. For my continued speculation, as well as my thoughts on the proposed AT&T conditions and how you can still make a difference, see below….

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Atkins & Weiser “Third Way” Paper, Isenberg Responds, and My Own Response

A few months back, Robert Atkins and Phil Weiser wrote this paper called a A “Third Way” on Network Neutrality. I recommend reaing the paper, but to summarize: The paper asserts that the NN debate has polarized between the telcos & cable cos, who want an unlimited right to control traffic, and the pro-net neutrality advocates, who want all packets treated equally by the network operator. Atkins & Weiser see this polarization as obscruing the fact that both sides of the debate raise legitimate concerns about market abuse and investment in networks on the one hand, and about government intrusiveness into network management on the other.

Atkins & Weiser therefore recommend an approach they believe addresses both sets of legitimate concerns. Congress should permit network operators to have considerable discretion with tiering — including favoring content based on origin as well as by nature of service. However, to protect consumers from abuses of market power, network operators must (A) fully disclose which packets are favored and why. In this way, consumers can ascertain readily if their lousy connection with mediastreamerA and great connection with mediastreamerB is a consequence of mediastreamerA having a bad service or their ISP cutting a deal with mediastreamerB; (B) Congress should affirm the FCC’s responsibility to monitor the broadband ISP market for anticompetitive abuses and permit the FCC to resolve any abusive practice that may emerge either by adjuidcation or by rule; and (C) the government should provide other incentives — such as tax credits or subsidies — to facilitate broadband deployment.

Recently Dave Isenberg wrote a a strong critique of the paper. Isenberg chastises Atkins and Weiser for falling into what I shall characterize as the attractive trap of the apparently “reasonable compromise.” Isenberg argues that, on the one hand, Atkins and Weiser lack vision. They fail to appreciation of the revolutionary aspects of the internet and the damage to the power of the internet as a disruptive technology if broadband network providers can exercise the kind of control over content and services that Atkins & Weiser would permit under traditional antitrust analysis. On the other hand, Isenberg maintains that Atkins & Weiser fail to appreciate the “Realpolitik” problems of relying on the FCC for enforcement instead of enacting a prophylactic, self-executing rule. Given the potential for agency capture and the length of time it will take the agency to act, a rule which does nothing but set up the FCC as a watch dog with discretion is worse than useless. Only by prohibitting tiering and requiring network neutrality can save the power of the internet as a disruptive technology capable of challenging the core businesses (such as video and voice) of the network providers themselves.

About a month ago, Phil Weiser and I debated this point over on the Public Knowledge policy blog. You can see our back and forth here: Phil’s first post, my response, Phil’s reply to me (with my reply in the comments), and Phil’s final summation.

As folks might imagine, I tend to side with Dave Isenberg on this one, although I recommend the Atkins & Weiser paper to folks interested in alternative views. Atkins and Weiser are no industry shills or ideological Neocons refusing to recognize the potential dangers. And, as I have always said, anyone who wants to formulate real policy rather than foster religious ideology needs to consider other views and recognize where someone else has a valid point. I don’t agree with Atkins & Weiser (for reasons I’ve covered at length in the links and elsewhere), but I’m glad to have considered what they had to say.

Stay tuned . . . .

OpenLaszlo to Java Mobile

OpenLaszlo is a platform for making Rich Internet Applications. The “production” version of OL (presently at release 3.3, I believe) allows you to compile to (Flash) swf7 or swf 8. OpenLaszlo version 4.0, project name “Legals”, will support, in addition, compilation to DHTML (aka “Ajax”). Legals is in “pre-beta”; an official Beta program will be announced soon. To see how far along the project is, you can go to the OpenLaszlo site and play with a variety of demos that run pretty much equally well in either Flash or Ajax. Sometime next year, probably in the spring, OL version 4.something will support Flash 9.

Now here comes an announcement of Project Orbit from Sun Mircosystems, to compile OpenLaszlo apps to Java Mobile Edition. Java ME runs on *billions* of devices, notably cell phones.

I work for Laszlo Systems, Inc, the creator and main supporter of OpenLaszlo. I’m responsible for all the OL documentation. It’s a good job. It’s cool to see the whole idea of “write once run everywhere” really starting to become real. Flash 9 which is based on the next version of ECMAscript/JavaScript, is different enough from earlier versions of Flash that it really constitutes a separate runtime. For those of you keeping score, that means that OL has active projects underway to support four distinct runtimes: Flash 7/8, Flash 9, DHTML (Ajax), and Java. Yes, there will be locally distinct differences in some applicaitons depending on the target runtime. But in general, OpenLaszlo applications truly are runtime-agnostic.

It’s also fun see the OL community growing and becoming real. There are now several developers who have “commit” priveliges to the code base who do not work for Laszlo Systems — including developers from Europe and Japan.

Note that OL is developed completely in the open. Anybody can sign up for the mailing lists on which we discuss architecture and implementation. The “nightly build,” which incorporates each successive day’s work, is avaible for free download. In other words, even though “Legals”, our Ajax port, is not yet in an official Beta program, you can still get your hands on the code if you’re the kind of person who likes to read code to see what’s going on.

DOJ — “Antitrust? What's That?”

The U.S. Department of Justice Antitrust Division approved the AT&T/BellSouth mereger without imposing any conditions. By law, the DOJ Antitrust division has no obligation to explain its decision to take no action. Nevertheless, Assistant Attorney General Thomas Barnett did issue a statement explaining the decision to take no action. Apparently, the market has gotten so much more competitive since the DOJ imposed (albeit wussy) conditions last year on the Verizon/MCI merger and SBC/AT&T merger last year that DOJ can’t imagine why this merger might be anticompetitive.

We now bounce over to the FCC, where Kevin Martin has placed approval of the AT&T/BellSouth on the agenda for tomorrow’s FCC meeting. But will the meeting take place? Can Martin get the merger through without conditions? And why didn’t DOJ at least pretend to care and enter into some wussy conditions — rather than just roll over like a good little industry lap dog begging for treats?

Some guesses below . . . .

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I Co-Author Paper On Why “Free Market” BS Work So Well In Policy

I found this item on Techdirt interesting. The article links to several techno-libertarians finding themselves in the uncomfortable position of evaluating the reality that (a) countries such as South Korea, Japan, Estonia, France (and more!) are now zooming ahead of us in just about every measure in broadband deployment and adoption; (b) these countries rocketed past us after they adopted intrusive regulatory regimes and market-warping government incentives; and, (c) our supposedly superior, libertarian, deregulatory approach has not produced the competitive and productive nirvana the theoretical literature promised.

So why do “free market” arguments keep working, so much so that just about every piece of state or federal telecom reform legislation introduced right now assumes that competition happens as a result of deregulation? Why, despite all evidence to the contrary, do Democrats and Republicans alike still rush to deregulate with the religious zeal usually associated with someone who just spotted a burning bush in their back yard? As the Techdirt piece shows, this can’t be explained by the usual cynical response that Congress and the FCC are wholly owned subsidiaries of the Bells or cable cos.

So my buddy Greg Rose and I have written a paper explaining why the same arguments keep working time and again for the 34th Telecommunications Policy Research Conference (you can see a rough draft here). As an aside (in the final version, not yet posted), I explain why Lakoff and his buddies should perhaps spend a little less time on the linguistics of framing and a little more time worrying about the structure of media. To paraphrase McCluen, “whoever owns the media frames the message.” In a world where the mass media can trigger riots by showing a picture of the Pope and pulling a single line out of an academic speech delivered to an academic audience, it’s optomistic to the point of delusional to believe you can frame a message just by picking the right words.

Basic summary below . . .

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