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-
- Computer underground Digest Tue Jan 31, 1995 Volume 7 : Issue 07
- ISSN 1004-042X
-
- Editors: Jim Thomas and Gordon Meyer (TK0JUT2@NIU.BITNET)
- Archivist: Brendan Kehoe
- Retiring Shadow Archivist: Stanton McCandlish
- Shadow-Archivists: Dan Carosone / Paul Southworth
- Ralph Sims / Jyrki Kuoppala
- Ian Dickinson
- He's baaaack: E. T. Shrdlu
-
- CONTENTS, #7.07 (Tue, Jan 31, 1995)
-
- File 1--"Magna Carta" digest: A Commentary
- File 2--Cu Digest Header Information (unchanged since 25 Nov 1994)
-
- CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
- THE CONCLUDING FILE AT THE END OF EACH ISSUE.
-
- ----------------------------------------------------------------------
-
- Date: Wed, 18 Jan 1995 14:14:52 +0000
- From: rkmoore@IOL.IE(Richard K. Moore)
- Subject: File 1--"Magna Carta" digest: A Commentary
-
- Digest of PFF's Magna Carta - Part 1 of 2
-
- By: Richard K. Moore
- 17 January, 1995
-
- I reviewed the Magna Carta in a previous message. This
- document is a condensed version of the Magna Carta
- itself, with commentary.
-
- Some sections, especially the introductory material, are quoted in
- entirety.
-
- Some sections are summarized by me, with representative passages
- cited. Other sections are simply boiled down with ellipses to their
- meat. You will find editorial comments scattered throughout. These
- couldn't go in the review, because they need to be adjacent to the
- material to make sense.
-
-
- -Richard
-
- ----------------------------------------------------
- From-- Phil Are <pagre@weber.ucsd.edu>
- To-- rre@weber.ucsd.edu
- Subject-- "Magna Carta"
-
- This is the so-called "Magna Carta" from Newt
- Gingrich's "Progress and Freedom Foundation" that I
- discussed in TNO 1(12). It is formatted precisely as
- I received it from PFF.
-
- Date-- 9 Jan 95 17:25:21 EDT
- From--Kevin Lacobie <Kevin_Lacobie@agoric.com>
- Subject--Your request for "Cyberspace and the American
- Dream"
-
- ...Below is a copy of the Magna Carta paper. A listserv-based
- discussion group will be formed soon for this paper, and the Progress
- and Freedom Foundation *promise further activities* in this area.
-
- If you have any more questions about PFF, please direct them to
- PFF@aol.com. If you have questions about the MagnaCarta discussion
- group, please direct them to info@bionomics.org.
-
- Kevin Lacobie
- postmaster for @bionomics.org
-
- [*emphasis* added throughout - rkm]
- ___________________________________________________
-
-
- Cyberspace and the American Dream:
- A Magna Carta for the Knowledge Age
- Release 1.2 // August 22, 1994
-
- ----------------------------------------
-
- This statement represents the cumulative wisdom and innovation of many
- dozens of people. It is based primarily on the thoughts of four
- "co-authors": Ms. Esther Dyson; Mr. George Gilder; Dr. George
- Keyworth; and Dr. Alvin Toffler. This release 1.2 has the final
- "imprimatur" of no one. In the spirit of the age: It is copyrighted
- solely for the purpose of preventing someone else from doing so. If
- you have it, you can use it any way you want. However, major passages
- are from works copyrighted individually by the authors, used here by
- permission; these will be duly acknowledged in release 2.0. It is a
- living document. Release 2.0 will be released in October 1994. We
- hope you'll use it is to tell us how to make it better. Do so by:
- - Sending E-Mail to PFF@AOL.COM
- - Faxing 202/484-9326 or calling 202/484-2312
- - Sending POM (plain old mail) to 1250 H. St. NW,
- Suite 550
- Washington, DC 20005
-
- (The Progress & Freedom Foundation is a not-for-profit research and
- educational organization dedicated to creating a positive vision of
- the future founded in the historic principles of the American idea.)
- ----------------------------------------
-
- PREAMBLE
-
- The central event of the 20th century is the overthrow of matter. In
- technology, economics, and the politics of nations, wealth -- in the
- form of physical resources -- has been losing value and significance.
- The powers of mind are everywhere ascendant over the brute force of
- things. In a First Wave economy, land and farm labor are the main
- "factors of production." In a Second Wave economy, the land remains
- valuable while the "labor" becomes massified around machines and
- larger industries. In a Third Wave economy, the central resource -- a
- single word broadly encompassing data, information, images, symbols,
- culture, ideology, and values -- is _actionable_ knowledge.
-
- The industrial age is not fully over. In fact, classic Second Wave
- sectors (oil, steel, auto-production) have learned how to benefit from
- Third Wave technological breakthroughs -- just as the First Wave's
- agricultural productivity benefited exponentially from the Second
- Wave's farm-mechanization.
-
- But the Third Wave, and the _Knowledge Age_ it has opened, will not
- deliver on its potential unless it adds social and political dominance
- to its accelerating technological and economic strength. This means
- repealing Second Wave laws and retiring Second Wave attitudes. It also
- gives to leaders of the advanced democracies a special responsibility
- -- to facilitate, hasten, and explain the transition.
-
- As humankind explores this new "electronic frontier" of knowledge, it
- must confront again the most profound questions of how to organize
- itself for the common good. The meaning of freedom, structures of
- self-government, definition of *property*, nature of *competition*,
- conditions for *cooperation*, sense of community and nature of
- *progress* will each be redefined for the Knowledge Age -- just as
- they were redefined for a new age of industry some 250 years ago.
-
- What our 20th-century countrymen came to think of as the "American
- dream," and what resonant thinkers referred to as "the promise of
- American life" or "the American Idea," emerged from the turmoil of
- 19th-century industrialization. Now it's our turn: The knowledge
- revolution, and the Third Wave of historical change it powers, summon
- us to renew the dream and enhance the promise.
-
-
- THE NATURE OF CYBERSPACE
-
- The Internet -- the huge (2.2 million computers), global (135
- countries), rapidly growing (10-15% a month) network that has captured
- the American imagination -- is only a tiny part of cyberspace. So just
- what is cyberspace?
-
- More ecosystem than machine, cyberspace is a bioelectronic environment
- that is literally universal: It exists everywhere there are telephone
- wires, coaxial cables, fiber-optic lines or electromagnetic waves.
-
- This environment is "inhabited" by *knowledge*, including incorrect
- ideas, existing in electronic form. It is connected to the physical
- environment by portals which *allow people to see what's inside*, to
- put knowledge in, to alter it, and to take knowledge out. Some of
- these portals are one-way (e.g. television receivers and television
- transmitters); others are two-way (e.g. telephones, computer modems).
-
- [ Hey! I though *we* were the residents of
- [ cyberspace, not the the electrons!
- [
- [ Here's where the condensation starts.
- [
- [ They continue building the model that cyberspace is
- [ a big data world that people can access. No
- [ perception of cyberspace *embodying* communities of
- [ people. People are to participate as individual
- [ consumer/navigator of cyberspace's resources.
- [
- [ Here's a representative sample of the slogan-
- [ coating that colors their presentation:
-
- ...Cyberspace is the land of knowledge, and the exploration of that
- land can be a civilization's truest, highest calling. The opportunity
- is now before us to empower every person to pursue that calling in his
- or her own way.
-
- The challenge is as daunting as the opportunity is great. The Third
- Wave has profound implications for the nature and meaning of property,
- of the marketplace, of community and of individual freedom. As it
- emerges, it shapes new codes of behavior that move each organism and
- institution -- family, neighborhood, church group, company,
- government, nation -- inexorably beyond standardization and
- centralization, as well as beyond the materialist's obsession with
- energy, money and control.
-
- [ Next comes the first entry of the leit-motiv:
- [ "government" as the villain of the story.
-
- It also spells the death of the central institutional paradigm of
- modern life, the bureaucratic organization. (Governments, including
- the American government, are the last great redoubt of bureaucratic
- power on the face of the planet, and for them the coming change will
- be profound and probably traumatic.)...
-
- [ Corporations, as a seat of bureaucratic power,
- [ manage to escape notice here. Ah well, so many
- [ details, so little time...
- [
- [ Next, they show how hip they are by pointing out
- [ the narrowness of the "superhighway" metaphor, and
- [ the aptness of the "cyberspace"
- [ metaphor. They break the 2nd-wave bounds of linear
- [ ASCII messaging to give us a brilliant two-
- [ dimensional table with which to compare the
- [ metaphors in a futuristic light:
-
- _Information Superhighway_ / _Cyberspace_
-
- Limited Matter / Unlimited Knowledge
- Centralized / Decentralized
- Moving on a grid / Moving in space
- Government ownership / A vast array of
- ownerships
- Bureaucracy / Empowerment
- Efficient but not hospitable / Hospitable if you
- customize it
- Withstand the elements / Flow, float and
- fine-tune
- Unions and contractors / Associations and
- volunteers
- Liberation from First Wave / Liberation from
- Second Wave
- Culmination of Second Wave / Riding the Third
- Wave ...
-
- [ Well, OK, I buy it. I bought it ten years ago.
- [
- [ ---
- [
- [ The first major character in the story now makes an
- [ appearance. He is brother "private property",
- [ endowed by his creator with inalienable rights.
- [ Those rights are to be the very
- [ cornerstone of the cyberspace frontier:
-
- THE NATURE AND OWNERSHIP OF PROPERTY
-
- Clear and enforceable property rights are essential for markets to
- work. Defining them is a central function of government. Most of us
- have "known" that for a long time. But to create the new cyberspace
- environment is to create _new_ property -- that is, new means of
- creating goods (including ideas) that serve people.
-
- The property that makes up cyberspace comes in several forms: Wires,
- coaxial cable, computers and other "hardware"; the electromagnetic
- spectrum; and "intellectual property" -- the knowledge that dwells in
- and defines cyberspace.
-
- [
- [ Cyberspace is clearly defined as being a repository
- [ for "knowledge property". This definition is
- [ summarized in their phrases:
- [
- [ "the knowledge that dwells in and defines
- [ cyberspace"
- [
- [ " to create...cyberspace...is to create _new_
- [ property"
- [
- [ They next set out a dichotomy -- we are to decide
- [ between two options for cyber-property ownership,
- [ private & public:
-
- In each of these areas, two questions that must be answered. First,
- what does "ownership" _mean_? What is the nature of the property
- itself, and what does it mean to own it? Second, once we understand
- what ownership means, _who_ is the owner? At the level of first
- principles, should ownership be public (i.e. government) or private
- (i.e. individuals)? ...
-
- [ Brother "private property" is asking to be accepted
- [ as "everyman", to be the character the reader
- [ identifies with. He claims to represent the
- [ "individual". Well... OK so far. But methinks
- [ Plato is entrapping me...
- [
- [ Is it true that "public" includes no other options
- [ than direct government ownership?
- [
- [ And is it true that "private" means ownership by
- [ individuals?
- [ And if so, is that all individuals, or a few
- [ individuals?
- [ The unfolding story will make this clear.
- [
- [ ---
- [
- [ They make one really ominous statement in this
- [ section:
-
- If this analysis is correct, copyright and patent protection of
- knowledge (or at least many forms of it) may no longer be
- unnecessary...
-
- [ That word "knowledge" is scary in this context. Do
- [ they mean that ideas and facts are to be
- [ patentable? We see such a trend
- [ in genetic engineering already.
- [
- [ In the cyberspace context, are they proposing that
- [ intellectual concepts themselves will be
- [ patentable? If so, then presumably it will happen
- [ on a wholesale basis.
- [ Will schools pay knowledge royalties to teach the
- [ three R's?
- [
- [ ---
- [
- [ Their next section is entitled "THE NATURE OF THE
- [ MARKETPLACE". I'll pass most of it along, trimmed
- [ by a few ellipses and punctuated by asterisks:
-
- THE NATURE OF THE MARKETPLACE
-
- Inexpensive knowledge destroys economies-of-scale. Customized
- knowledge permits"just in time" production for an ever rising number
- of *goods*. Technological progress creates new means of serving old
- markets, turning *one-time monopolies* into *competitive
- battlegrounds*.
-
- These phenomena are altering the nature of the marketplace,
- ...transformed by technological progress from a "*natural monopoly*"
- to one in which competition is the rule.
-
- Three recent examples:
-
- * The market for "mail" has been made competitive by the development
- of fax machines and overnight delivery ...During the past 20 years,
- the market for television has been transformed from ... a few
- broadcast TV stations to one in which consumers can choose among
- broadcast, cable and satellite services.
-
- * The market for local telephone services, until recently a
- monopoly..., is rapidly being made competitive by the advent of
- wireless service and the entry of cable television into voice
- communication...
-
- The advent of new technology and new products creates the potential
- for _dynamic competition...Dynamic competition is better, because it
- allows competing technologies and new products to challenge the old
- ones and, if they really are better, to replace them. Static
- competition might lead to faster and stronger horses. Dynamic
- competition gives us the automobile...
-
- Then the personal-computing industry exploded, leaving older-style
- big-business-focused computing with a stagnant, piece of a burgeoning
- total market. As IBM lost market-share, many people became convinced
- that America had lost the ability to compete. By the mid-1980s, such
- alarmism had reached from Washington all the way into the heart of
- Silicon Valley.
-
- But the real story was the renaissance of American business and
- technological leadership. In the transition from mainframes to PCs, a
- vast new market was created. This market was characterized by *dynamic
- competition* consisting of easy access and low barriers to entry.
- Start-ups by the dozens took on the larger established companies --
- and won.
-
- ...The reason for America's victory in the computer wars of the 1980s
- is that dynamic competition was allowed to occur, in an area so
- breakneck and pell-mell that government would've had a hard time
- controlling it _even had it been paying attention_. The challenge for
- policy in the 1990s is to permit, even encourage, dynamic competition
- in every aspect of the cyberspace marketplace.
-
- [ The meat of the story is now unfolding. Cyberspace
- [ is simply a new mass communications marketplace.
- [ The players are telcos, fiber operators, wireless
- [ providers, and entrepreneurs of all flavors.
- [
- [ Consumers play no role in this drama, their benefit
- [ comes when they get to choose among the commercial
- [ services being arranged for them.
- [
- [ Brother "private property" who was "the
- [ individual" in scene one, has now become a typical
- [ corporate board member, dealing with mergers,
- [ acquisitions, new-product planning, and new forms
- [ of competition.
- [
- [ Notice the explicit call for *dynamic competition*
- [ as being central to a good cyberspace. Watch later
- [ how they switch sides on this issue several times.
- [
- [ ---
- [
- [ Now on to the next section:
-
- THE NATURE OF FREEDOM
-
- Overseas friends of America sometimes point out that the U.S.
- Constitution is unique -- because it states explicitly that power
- resides with the people, who delegate it to the government, rather
- than the other way around...
-
- This idea -- central to our free society -- was the result of more
- than 150 years of intellectual and political ferment, from the
- Mayflower Compact to the U.S. Constitution, as explorers struggled to
- establish the terms under which they would tame a new frontier.
-
- And as America continued to explore new frontiers --from the Northwest
- Territory to the Oklahoma land-rush -- it consistently returned to
- this fundamental principle of rights, reaffirming, time after time,
- that power resides with the people.
-
- [
- [ Those of you with color screens probably noticed
- [ the red-white-and-blue background on this
- [ stationery.
- [
- [ The argument has touched deep ground here. Our
- [ American heritage, our very duty as American
- [ citizens, demands that we agree that power in
- [ cyberspace should we reside with "the people".
- [
- [ Fine, until you find out who "the people"
- [ are. Stay tuned.
-
- Cyberspace is the latest American frontier. As this and other
- societies make ever deeper forays into it, the proposition that
- ownership of this frontier resides first _with the people_ is central
- to achieving its true potential...
-
- [ I'm skipping four long paragraphs of fluff, to the
- [ effect that the struggle for freedom never ends,
- [ and that this generation must do its part.
- [
- [ Next comes the second appearance of the leit-motif.
- [ The "evil government" character broadens out to
- [ represent the entire "2nd Wave" mentality.
- [
- [ Government itself is possibly one of the 2nd Wave
- [ anachronisms to be left behind.
- [
-
- * In a Second Wave world, it might make sense for government to
- insist on the right to peer into every computer by requiring that each
- contain a special "clipper chip."
-
- * In a Second Wave world, it might make sense for government to
- assume ownership over the broadcast spectrum and demand massive
- payments from citizens for the right to use it.
-
- * In a Second Wave world, it might make sense for government to
- prohibit entrepreneurs from entering new markets and providing new
- services.
-
- * And, in a Second Wave world, dominated by a few old-fashioned,
- one-way media "networks," it might even make sense for government to
- influence which political viewpoints would be carried over the
- airwaves...
-
- [
- [ I just heard about the 3rd Wave last month, and
- [ already we're seeing a revisionist history of the
- [ 2nd Wave.
- [
- [ What America have these guys been living in? We've
- [ encouraged entrepreneurs to enter new markets
- [ throughout our history, from railroad building,
- [ to mining, to Thomas Edison, John D. Rockefeller,
- [ Henry Ford, the aircraft industry, ad infinitum.
- [
- [ I never made massive payments to the government to
- [ watch TV. Which planet are these guys from?
- [
- [ But they *do* make sense if you accept the
- [ equation:
- [ "citizen" == "communications company"
- [ because communication companies do pay license
- [ fees. But those fees are nominal for corporations,
- [ though they might seem large to an individual.
- [
- [ Thus they skate from one meaning of "individual" to
- [ the other, even in mid thought.
- [
- [ ---
- [
- [ The next section is called THE ESSENCE OF THE
- [ COMMUNITY. I'll skip most of it -- it's really
- [ vacuous. I'll just give you the last two paragraphs
- [ to illustrate the flavor of this idling segment of
- [ the storyline:
-
- "...But unlike the private property of today," Salin continued, "the
- potential variations on design and prevailing customs will explode,
- because many variations can be implemented cheaply in software. And
- the 'externalities' associated with variations can drop; what happens
- in one cyberspace can be kept from affecting other cyberspaces."
-
- "Cyberspaces" is a wonderful _pluralistic_ word to open more minds to
- the Third Wave's civilizing potential. Rather than being a centrifugal
- force helping to tear society apart, cyberspace can be one of the main
- forms of glue holding together an increasingly free and diverse
- society.
-
- [ This next section is the heart of the story.
- [ Evil "government" is to be vanquished by brother
- [ "private property" -- watch as the two masks
- [ ("individual" and "communications provider")
- [ switch back and forth faster than the mind can see.
-
- THE ROLE OF GOVERNMENT
-
- The current Administration has identified the right goal: Reinventing
- government for the 21st Century....This said, it is essential that we
- understand what it really means to create a Third Wave government and
- begin the process of transformation.
-
- ...The most pressing need...is to revamp the policies and programs
- that are slowing the creation of cyberspace...if there is to be an
- "industrial policy for the knowledge age," it should focus on removing
- barriers to competition and massively deregulating the fast-growing
- telecommunications and computing industries...
-
- ...the transition from the Second Wave to the Third Wave will require
- a level of government _activity_ not seen since the New Deal....
-
- [ A nice-sounding vision for cyberspace is pulled in [ from the New
- York Times:
-
- "The amount of electronic material the superhighway can carry is
- dizzying, compared to the relatively narrow range of broadcast TV and
- the limited number of cable channels. Properly constructed and
- regulated, it could be open to all who wish to speak, publish and
- communicate. None of the interactive services will be possible,
- however, if we have an eight-lane data superhighway rushing into every
- home and only a narrow footpath coming back out. Instead of settling
- for a multimedia version of the same entertainment that is
- increasingly dissatisfying on today's TV, we need a superhighway that
- encourages the production and distribution of a broader, more diverse
- range of programming" (New York Times 11/24/93 p. A25).
-
- [
- [ The individualist aspects of this vision play no
- [ further part in our story. The sole item adopted
- [ by PFF seems to be the requirement for
- [ symmetric bandwidth. Could this be establishing a
- [ pecking order between telcos and cable-operators,
- [ giving the edge to the telcos with their more
- [ symmetric architectures? ... an open question.
- [
- [ We now come to an amazing shift of ground in our
- [ story. Its almost Khafka'esque or even
- [ Ionesco'esque in its blatant reversal of
- [ established story line.
- [
- [ What they're going to do is passionately espouse
- [ the creation of a gigantic monopoly among the
- [ telcos and cable operators to build and operate
- [ cyberspace. Even though "dynamic competition" was
- [ the rallying cry up to this point, we're now to
- [ learn that "contrived competition between phone
- [ companies and cable operators" "will not deliver
- [ the two-way, multimedia and more civilized tele-
- [ society Kapor and Berman sketch."
-
- ...reducing barriers to entry and innovation [is] the only effective
- near-term path to Universal Access. In fact, it can be argued that a
- near-term national interactive multimedia network is impossible unless
- regulators permit much greater **collaboration** between the cable
- industry and phone companies. The latter's huge fiber
- resources...could be joined with the huge asset of 57 million
- broadband links...to produce a new kind of national network --
- multimedia, interactive and (as costs fall) increasingly accessible to
- Americans of modest means.
-
- That is why obstructing such collaboration -- in the cause of forcing
- a competition between the cable and phone industries -- is *socially
- elitist*. To the extent it prevents collaboration between the cable
- industry and the phone companies, present federal policy actually
- thwarts the Administration's own goals of access and empowerment...
-
- ...If Washington forces the phone companies and cable operators to
- develop supplementary and duplicative networks, most other advanced
- industrial countries will attain cyberspace democracy -- via an
- interactive multimedia "open platform" -- before America does, despite
- this nation's technological dominance.
-
- ...A contrived competition between phone companies and cable operators
- will not deliver the two-way, multimedia and more civilized
- tele-society Kapor and Berman sketch. Nor is it enough to simply "get
- the government out of the way." Real issues of antitrust must be
- addressed, and no sensible framework exists today for addressing them.
- Creating the conditions for universal access to interactive multimedia
- will require a fundamental rethinking of government policy.
-
- [ How orwellian can you get? Those of us who bought
- [ into the glory of dynamic competition earlier on
- [ have now become "socially elitist" -- unless we
- [ have a mind which can switch identities and change
- [ positions as adroitly as our illustrious authors.
- [
- [ Their cyberspace manifesto now reads:
- [ (1) strong private property rights
- [ (2) infrastructure to be owned by a
- [ private monopoly
- [ ---
- [
- [ The pace of doublespeak picks up now. In the
- [ next section we're back in the "competition" camp,
- [ finding out why regulation must be eliminated from
- [ the communications game, to be replaced by
- [ an anti-trust model.
- [
-
- ...Promoting Dynamic Competition
-
- Technological progress is turning the telecommunications marketplace
- from one characterized by "economies of scale" and "natural
- monopolies" into a prototypical competitive market. The challenge for
- government is to encourage this shift -- to create the circumstances
- under which new competitors and new technologies will challenge the
- natural monopolies of the past.
-
- Price-and-entry regulation makes sense for natural monopolies. The
- tradeoff is a straightforward one: The monopolist submits to price
- regulation by the state, in return for an exclusive franchise on the
- market.
-
- But what happens when it becomes economically desirable to have more
- than one provider in a market? The continuation of regulation under
- these circumstances stops progress in its tracks. It prevents new
- entrants from introducing new technologies and new products, while
- depriving the regulated monopolist of any incentive to do so on its
- own.
-
- Price-and-entry regulation, in short, is the antithesis of dynamic
- competition.
-
- The alternative to regulation is antitrust. Antitrust law is designed
- to prevent the acts and practices that can lead to the creation of new
- monopolies, or harm consumers by forcing up prices, limiting access to
- competing products or reducing service quality. Antitrust law is the
- means by which America has, for over 120 years, fostered competition
- in markets where many providers can and should compete.
-
- The market for telecommunications services --telephone, cable,
- satellite, wireless -- is now such a market...price/entry regulation
- of telecommunications services...should therefore be replaced by
- antitrust law as rapidly as possible.
-
- ...there should be no half steps. Moving from a regulated environment
- to a competitive one is -- to borrow a cliche -- like changing from
- driving on the left side of the road to driving on the right: You
- can't do it gradually.
-
- [
- [ Though the "justification" arguments illogically
- [ contradict one another, the "conclusions" of those
- [ arguments add up to a coherent proposal.
- [
- [ What the authors are proposing is an
- [ *unregulated monopoly*
- [
- [ It is not surprising that they had to twist
- [ logic several times to pack both words into a
- [ manifesto, and make it seem like both are
- [ natural and consistent consequences of
- [ "competitive spirit" and the "American Dream".
- [
- [ Their cyberspace manifesto now reads:
- [ (1) strong private property rights
- [ (2) infrastructure to be owned by a
- [ unregulated private monopoly
- [ ---
- [
- [ Next they double-click on property rights:
- [
-
- ...Defining and Assigning Property Rights
-
- ...Defining property rights in cyberspace is perhaps the single most
- urgent and important task for government information policy. Doing so
- will be a complex task, and each key area -- the electromagnetic
- spectrum, intellectual property, cyberspace itself (including the
- right to privacy) -- involves unique challenges. The important points
- here are:
-
- First, this is a "central" task of government...
-
- Secondly, the key principle of ownership by the people -- private
- ownership -- should govern every deliberation. *Government does not
- own cyberspace, the people do.*...
-
- [
- [ Here's where the doublespeak pays off. They can
- [ make a statement like "the people own cyberspace"
- [ and manage to imply they are empowering
- [ the individual, when they've already stated clearly
- [ that ownership is to be vested in a large monopoly
- [ conglomerate. I must tip my hat to their skill.
- [
- [ In an earlier review, I described this document as
- [ grossly rambling and inconsistent. I now have more
- [ respect for it. It's masterfully deceitful, and
- [ manages to marshall contradictory arguments in
- [ support of a coherent business proposal.
- [
- [ ---
- [
- [ We now move to another corporate business concern.
- [ Such concerns are clearly the domain of serious
- [ discourse addressed in the Magna Carta. The rest of
- [ the verbiage is a meaningless, crowd-pleasing
- [ smokescreen.
- [
- [ Here we have a plea for rapid capital depreciation.
- [ That would be quite a windfall for a conglomerate
- [ investing billions in an infrastructure.
- [
- [ Once again the taxpayer is asked to subsidize the
- [ R&D bill for new technology, but the ownership
- [ benefit is to go exclusively to the private
- [ operator. This has been the pattern since the New
- [ Deal.
-
- ...Creating Pro-Third-Wave Tax and Accounting Rules
-
- We need a whole set of new ways of accounting, both at the level of
- the enterprise, and of the economy.
-
- ...At the level of the enterprise, obsolete accounting procedures
- cause us to systematically _overvalue_ physical assets (i.e. property)
- and _undervalue_ human-resource assets and intellectual assets. So, if
- you are an inspired young entrepreneur looking to start a software
- company, or a service company of some kind, and it is heavily
- information-intensive, you will have a harder time raising capital
- than the guy next door who wants to put in a set of beat-up old
- machines to participate in a topped-out industry.
-
- On the tax side, the same thing is true...
-
- It is vital that accounting and tax policies -- both those promulgated
- by private-sector regulators like the Financial Accounting Standards
- Board and those promulgated by the government at the IRS and elsewhere
- -- start to reflect the shortened capital life-cycles of the Knowledge
- Age, and the increasing role of _intangible_ capital as "wealth."
-
- [ Their cyberspace manifesto now reads:
- [ (1) strong private property rights
- [ (2) infrastructure to be owned by a
- [ unregulated private monopoly
- [ (3) investment to be written off rapidly
- [ ---
- [
- [ Next they get into a discussion of transforming
- [ government. I'm not sure why they're departing
- [ from their focused agenda of launching cyberspace
- [ as a private monopoly. Perhaps they think they're
- [ on a roll, and might as well go for the whole
- [ enchilada -- a corporate state.
-
- ...Creating a Third Wave Government
-
- Going beyond cyberspace policy per se, government must remake itself
- and redefine its relationship to the society at large...there are some
- yardsticks we can apply to policy proposals...[vacuous ones omitted]
-
- _Does it centralize control_? Second Wave policies centralize power in
- bureaucratic institutions; Third Wave policies work to spread power --
- to empower those closest to the decision...
-
- A serious effort to apply these tests to every area of government
- activity -- from the defense and intelligence community to health
- care and education -- would ultimately produce a complete
- transformation of government as we know it. Since that is what's
- needed, let's start applying.
-
- [ With their usual twists of logic, we'd probably
- [ learn that other constellations of private
- [ interests, perhaps including additional unregulated
- [ monopolies, should be running all these other
- [ areas of public life as well.
- [
- [ The closing section is vacuous but for
- [ background smoke. I'll cite a few representative
- [ paragraphs...
- [
-
- GRASPING THE FUTURE
-
- The conflict between Second Wave and Third Wave groupings is the
- central political tension cutting through our society today. The more
- basic political question is not who controls the last days of
- industrial society, but who shapes the new civilization rapidly rising
- to replace it. Who, in other words, will shape the nature of
- cyberspace and its impact on our lives and institutions?...
-
- The Third Wave sector includes not only high-flying computer and
- electronics firms and biotech start-ups. It embraces advanced,
- information-driven manufacturing in every industry...
-
- For the time being, the entrenched powers of the Second Wave dominate
- Washington and the statehouses...
-
- ...a "mass movement" for cyberspace is still hard to see. Unlike the
- "masses" during the industrial age, this rising Third Wave
- constituency is highly diverse...This very heterogeneity contributes
- to its lack of political awareness. It is far harder to unify than the
- masses of the past.
-
- [ I guess the Magna Carta is to bring about this
- [ unity. Perhaps they seek to form an "internet cult"
- [ and the Magna Carta is the "mind-programming"
- [ formula being trial-posted. I think they'll find
- [ most of us not that easily programmed. We're too
- [ professionally familiar with the technology of
- [ programming, and are equipped to judge the internal
- [ consistency of models.
-
- Yet there are key themes on which this constituency-to-come can agree.
- To start with, liberation -- from Second Wave rules, regulations,
- taxes and laws laid in place to serve the smokestack barons and
- bureaucrats of the past. Next, of course, must come the creation --
- creation of a new civilization, founded in the eternal truths of the
- American Idea.
-
- It is time to embrace these challenges, to grasp the future and pull
- ourselves forward. If we do so, we will indeed renew the American
- Dream and enhance the promise of American life.
-
- [
- [ There you have it. The American Dream and frontier
- [ competitiveness lead us inevitably to the following
- [ mandate for cyberspace:
- [ (1) strong private property rights
- [ (2) infrastructure to be owned by an
- [ unregulated private monopoly
- [ (3) investment to be written off rapidly
- [
- [ Buying into this vision upholds the honor of
- [ our forefathers, fights big government, empowers
- [ the individual, and ushers in the American
- [ millennium.
- [
- [ Simple, succinct...and packed full of lies.
- [
- [ My only question is: why did the document have to
- [ be so long?
-
- Richard K. Moore - rkmoore@iol.ie - Wexford, Ireland - fax +353 53 23970
-
- ------------------------------
-
- Date: Thu, 23 Oct 1994 22:51:01 CDT
- From: CuD Moderators <tk0jut2@mvs.cso.niu.edu>
- Subject: File 2--Cu Digest Header Information (unchanged since 25 Nov 1994)
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- End of Computer Underground Digest #7.07
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