The FCC's Open Internet Proceeding - Implications for Political Speech
Who should decide how users can use the Internet? users or network providers? Should network providers be allowed to block certain applications or content on their networks? Should they be allowed to offer different classes of service to applications or content, and, if yes, whom should they be allowed to charge for this service? And should the answer to these questions differ depending on whether a network provider engages in these practices to manage bandwidth on its network?
Triggered by changes in Internet technology, these questions over network neutrality have moved to the center of the regulatory and legislative debates surrounding the Internet worldwide. They are at the core of the Open Internet Proceeding, launched by the Federal Communications Commission in October 2009 to explore what rules are needed to secure the Internet's openness. The talk will give an overview of the draft rules proposed by the Federal Communications Commission and explain how the alternative options under consideration would affect the environment for political speech in the United States.
Barbara van Schewick's research focuses on the economic, regulatory, and strategic implications of communication networks. In particular, she explores how changes in the architecture of computer networks affect the economic environment for innovation and competition on the Internet, and how the law should react to these changes. This work has made her a leading expert on the issue of network neutrality.Her book "Internet Architecture and Innovation" will be published by MIT Press this spring.
Professor van Schewick is the Faculty Director of Stanford Law School's Center for Internet and Society and an assistant professor of electrical engineering (by courtesy) at Stanford's Department of Electrical Engineering.
Prior to joining the Stanford Law faculty, van Schewick was a senior researcher at the Technical University Berlin, Germany, and a nonresidential fellow of the Center for Internet and Society. Van Schewick has advised the German Federal Ministry of Education and Research on innovation and technology policy and worked with the German Federal Network Agency on spectrum policy. From August 2000 to November 2001, she was the first residential fellow at the Center for Internet and Society.
Summary of the Seminar
Barbara van Schewick, Assistant Professor at the Stanford Law School, introduced the current debate about net neutrality and explored the implications for diversity and freedom of expression online.
Network providers were at one time ‘application blind' - they were unable to see what was contained in the data packets that allow information to be transmitted online. Now that this is no longer the case, a debate has emerged about the role for regulation in controlling the ability of network providers to block or interfere with applications. What was drawn up as a voluntary policy statement is now being considered and revised by the FCC's Open Internet Proceeding.
Blocking of applications is problematic on several counts. First, there may be incentives for network providers to block applications that threaten their own profitability (for example, Skype). This leads to a situation where the success of applications is no longer decided on user criteria and the overall value created for society diminishes. Second, the great promise of the internet is that it removes traditional gatekeepers (such as mass media outlets) to speech. This is undermined if network providers have the ability to control what content users see. This is particularly problematic since users cannot easily switch to another provider as they could if a particular store did not carry a product they wanted. The cost of switching makes this impractical and in places without a choice of providers, this is not an option.
In drawing up regulation against blocking the FCC is debating a number of related issues:
Discrimination: Even if blocking is prohibited, discriminating between levels of service can still allow network providers to slow down an application to the extent that it becomes un-useable. This is actually a more effective tool than blocking since it is much harder to detect. Users may attribute slow speeds to poor design and potentially useful applications will fail to get traction.
Charges for different levels of service: Even if we agree network providers should not discriminate between the services they provide in an arbitrary way, could they offer improved service for payment? Opponents argue that this policy would be bad for competition since new developers would be unable to pay for the levels of service that established players could afford. And it would threaten the ability of poorly resourced minority voices - e.g. small NGOs and publications - to get heard.
Exceptions to discrimination: Network providers argue that there needs to be some discrimination to allow them to undertake reasonable network management. But it is difficult to determine what counts as reasonable management. One concern is that peer to peer networks - which allow those without many resources to exchange material cheaply - might be targeted in particular, since they can create a lot of congestion. This might also threaten the ability of new applications with high bandwidths to get funding, since the risk of being slowed down by the networks would be perceived to be too high by investors.
Many of the major benefits of the internet - the ease of publishing and coordinating, for example - are only possible through applications. Hence the outcome of this debate will have serious implications for the future social and political impact of the internet.
Wallenberg Theater
Gerhard Casper delivers major address on Jefferson and Humboldt to American Philosophical Society
Stanford president emeritus Gerhard Casper, the Peter and Helen Bing Professor in Undergraduate Education, professor of law, and FSI Senior Fellow was invited by the American Philosophical Society in Philadelphia to give the Henry LaBarre Jayne lecture in November. Casper's lecture, titled "A Young Man from 'ultima Thule' Visits Jefferson: Alexander von Humboldt in Philadelphia and Washington," addressed a remarkable meeting between the German naturalist and explorer and the American president. In medieval geographies, "ultima Thule" denoted any distant place located beyond the borders of the known world and was Humboldt's ironic way of referring to 19th century Prussia. Von Humboldt, who was the younger brother of the Prussian minister and philosopher Wilhelm von Humboldt, traveled extensively in South America and published a widely read series of volumes chronicling his adventures over the next 21 years.
As Casper notes, Jefferson's reputation among contemporaries for his lifelong and far-reaching pursuit of scientific, technical, and architectural interests was not restricted to the United States. Von Humboldt was a great admirer of Jefferson, the American Republic, and its advocacy of human rights, freedom, and democracy. His own interests in these subjects, along with his extensive travels in South America, led him to seek out a meeting with the American president. In June 1804, Jefferson hosted a lively dinner at the President's House for von Humboldt, his travel companions, and a number of new acquaintances from Philadelphia, where guests had a lively discussion of natural history, the improvements of daily life, and the customs of different nations.
Immigrant Identity in a Cosmopolitan World
Dr. von Vacano’s teaching and research interests are in political philosophy and the history of political thought. He is especially interested in modern European and Latin American political theory. His current research for a monograph focuses on the problem of racial identity in relation to citizenship in the Hispanic tradition, focusing on the themes of Empire, Nation, and Cosmopolis in various thinkers. The ancillary aim of The Color of Citizenship: Race, Modernity and Latin American Political Thought (Oxford University Press, forthcoming) is to develop a normative conceptualization of race for modern multicultural societies.
Professor von Vacano is also beginning research on a book project that defends globalization through an examination of the development of immigrant identity. This uses the dialectical tradition in German political philosophy and empirical evidence from immigrants in global cities such as New York, Paris, Tokyo, and Buenos Aires.
Encina Hall
Basement E008
Natascha Born
Stanford University
Encina Hall
616 Serra Street
Stanford, CA 94305-6055
Transitional Success and Failure in East Germany
Pluralism and Global Justice
Cristina Lafont is presently a professor in the Department of Philosophy at Northwestern University. She earned her Ph.D. from the University of Frankfurt . Habilitation, University of Frankfurt. She specializes in German philosophy, particularly hermeneutics and critical theory. She has also published in philosophy of language and contemporary moral and political philosophy. She is author of The Linguistic Turn in Hermeneutic Philosophy (MIT Press, 1999) and Heidegger, Language, and World-disclosure (Cambridge University Press, 2000).
Encina Ground Floor Conference Room
Draper Hills Summer Fellows on Democracy and Development complete training
Rising leaders from some of the world’s most complex and challenging nations, including China, Russia, Ukraine, Iraq, Kenya, Nigeria, South Africa, and the Democratic Republic of the Congo, have just completed a three-week seminar at Stanford as Draper Hills Summer Fellows on Democracy and Development. This year’s extraordinary class of fellows included members of parliament, government advisors, civic activists, leading jurists, journalists, international development experts and founders of non-governmental organizations (NGOs).
Each year, several hundred applicants apply to FSI’s Center on Democracy, Development, and the Rule of Law (CDDRL), the convener of the program, for the 26-28 slots available to study and help foster linkages among democracy, economic development, human rights, and the rule of law. Now in its fifth year, the program has received generous gifts from William Draper III, a Silicon Valley entrepreneur, in honor of his father, Maj. Gen. William H. Draper, Jr., a chief advisor to Gen. George Marshall and chief diplomatic administrator of the Marshall Plan in Germany, and Ingrid von Mangoldt Hills, a former journalist, in honor of her husband, Reuben Hills, a leading San Francisco philanthropist and president and chairman of the board of Hills Bros. Coffee.
Draper Hills Summer Fellows are innovative, courageous, and committed leaders, who strive to improve governance, enhance civic participation, and invigorate development under very challenging circumstances," said CDDRL Director Larry Diamond. “This year’s fellows were absolutely extraordinary, learning from us we hope, but also teaching all of us about the progress they are making and the obstacles they confront in a diverse set of countries. We were not only sobered by the difficulties they must address on a daily basis but also uplifted by their accounts of programs that are working to deepen democracy, improve government accountability, strengthen the rule of law, energize civil society, and enhance the institutional environment for broadly shared economic growth.”
The three-week seminar is taught by an all star faculty, which in addition to Diamond, includes CDDRL Deputy Director Kathryn Stoner, Stanford president emeritus and constitutional law expert Gerhard Casper, FSI Deputy Director and political science professor Stephen D. Krasner, Erik Jensen and Allen S. Weiner from the Stanford law school, Avner Greif from the Department of Economics, Peter Henry from the Graduate School of Business, FSI Senior Fellow Helen Stacy, former FSI Director and current Program on Food Security and the Environment deputy director Walter P. Falcon, Mark C. Thurber, acting director of FSI’s Program on Energy and Sustainable Development, and Nicholas Hope, director of the Stanford Center on International Development.
Other leading experts and practitioners who engaged the fellows included democracy and governance expert Francis Fukuyama, who joins CDDRL as Olivier Nomellini Senior Fellow in July 2010, National Endowment for Democracy President Carl Gershman, United States Court of Appeals Judge Pamela Rymer, International Center on Nonviolent Conflict founding chair Peter Ackerman, the center’s president, Jack DuVall, former Peruvian president Alejandro Toledo, and former Secretaries of State George Shultz and Condoleezza Rice.
Faculty devoted the first week of the seminar to defining the fundamentals of democracy, good governance, economic development, and the rule of law, and in the second week turned to the issue of transitions and the feedback mechanisms between democracy, development, and a predictable rule of law. The third week examined the critical – and often controversial – role of international assistance to foster and support democracy, judicial reform, and economic development, including the proper role of foreign aid.
Against this backdrop, fellows emphasized domestic imperatives for fostering growth, social inclusion, and transformation, centering on the importance of political will and sound institutions. In session after session, they wrestled with the concrete and all too common impediments to progress—from corruption, cronyism, and authoritarian regimes, to the fragility of conflict-ridden, multi-ethnic polities. As an activist from strife-torn Iraq said, “Democracy is not just a way of governing. It is a way of living, a way of thinking about life.”“Democracy is not just a way of governing. It is a way of living, a way of thinking about life”
In spirited debates, in the formal seminar sessions and beyond the classroom to the Munger residence where the fellows stayed, the fellows stressed how they had all taught and learned from each other. A rising leader from South Africa aptly summarized, “We have dispelled each other’s myths.”
As the Draper Hills Fellows expressed their profound gratitude to their faculty and mentors, they reinforced the importance of staying in touch through a virtual online community – a “common space” as defined by a member of parliament from Ukraine, that would let them look forward and look back, perhaps a decade from now, at case studies of success and failure, and the all important roles that political will and leadership played in determining outcomes. “Stay tuned,” said Diamond and Stoner-Weiss. “Important lessons are still to come.”
Let's hear from the democracies on Iran, Larry Diamond and Abbas Milani argue in the <i>New York Times</i>
Notices of the demise of Iran’s Green Revolution are premature. Without question, the tyrannical triumvirate — Ayotallah Ali Khamenei, President Mahmoud Ahmadinejad and the Revolutionary Guard — have dealt a crippling blow to the popular movement protesting their electoral coup of June 12.
Thousands of Iranians have been arrested and savagely tortured — from street protesters to election campaign organizers for Mir Hussein Moussavi, the likely victor in that contest. Many are now being forced to “confess” to having been agents of the United States or Britain.
We have seen this play before, not simply in Iran but in other tyrannies that suppressed mass movements for democratic change with massive violence and terror.
But Iran in 2009 is not China in 1989, Burma in 1990 or Belarus in 2006. The crisis in the Islamic Republic has exposed and widened massive cracks within the ruling elite. Such divisions are always a sign of an impending crackup of dictatorship.
Despite the rush to bury Iran’s reformist movement as another lost cause, Iran remains at a possible political tipping point. Democracies around the world have a duty — not simply to themselves, but to their strategic interests — to weigh in. They must not be deterred by threats to shun talks over Iran’s nuclear program.
President Obama has gotten it right by signaling America’s support for peaceful protest, human rights and the rule of law. More explicit language, not to mention action, would only play into the hands of the most cynical and vicious conservative elements in Iran. Moreover, with no diplomatic ties and all but no trade with Iran, there is little more the U.S. could do right now to pressure the regime.
But there are over 100 other democracies in the world. It is time that their voices were heard and their actions felt in Tehran.
Britain shares with the U.S. the handicap of a past history of negative interference in Iran. But Britain has diplomatic and economic ties to the regime, and breaking or suspending those will weaken Ayatollah Khamenei and his reactionary allies.
Moreover, Britain can have a unique kind of impact in Iran: For more than a century, Iranians have believed in the omnipotence of the “British hand” in the affairs of their country. Any indication that Britain is no longer willing to do business with the Islamic regime will hearten the Iranian people and undermine the regime’s aura of invincibility.
Germany, France and Italy are major trading partners with Iran. They have little history of colonial interference in Iranian affairs. Their decision to refuse to recognize the Ahmadinejad regime would have an immense effect. More compelling still would be a similar declaration from the entire Group of 8 at its impending summit.
The smaller and less powerful democracies can also have an impact. It would be preposterous for Iranian hardliners to attribute ulterior strategic motives to actions by the Scandinavian countries or the Netherlands, Ireland, Canada or Slovenia. If a coalition of such countries were to condemn the crackdown, call for a release of political prisoners and demand full respect for human rights — and back up these positions with a downgrading of diplomatic and trade ties — this would send a powerful message to both sides in Iran.
Many democracies around the world, including the above, have diplomatic ties with Iran. It is important that they maintain their embassies in Tehran. But they should now refuse to recognize the legitimacy of Ahmadinejad’s government.
The most powerful coalition of democracies in the world, the 27-member European Union, is now debating whether to withdraw their ambassadors from Tehran in protest over the detention of the British Embassy’s Iranian personnel.
The withdrawal of E.U. ambassadors would send a stunning message to the Iranian hardliners that coups and bloody suppression of peaceful protests carry a heavy price in international standing.
With the simple diplomatic act of denying legitimacy — something nearly all democratic forces in Iran are now asking of the world — the democracies of the world can give a needed boost to the forces of democratic change in Iran and earn the lasting gratitude of a movement that will eventually triumph.
Changes in Taiwan's Cigarette Market After the US Forced It Open
The stated purpose of the Trade Act of 1974 was to promote free trade. Section 301 authorized the U.S. President to impose retaliatory trade sanctions if negotiations were unsuccessful in reducing unreasonable limits on trade. The Act was reinforced in 1984, became known as “Super 301”, and made annual assessment and retaliatory measures mandatory.
Because of trade imbalances, four emerging Asian countries gave the US firms access to cigarette markets: Japan (1987), Taiwan (1987), South Korea (1989) and Thailand (1990). These forced market opennings were called the “Second Opium War” by local protestors in these countries, challenging U.S. export of unwelcome and unhealthy products.
A sea change occurred in the decades that followed the cigarette market opening in Taiwan. Of particular interest are changes in areas marketing skills and market share; lower cigarette prices; paradoxical increased smuggling; increased youth consumption; evolution of the powerful tobacco industry lobby; and a sharp increase in tobacco-related cancer deaths. Accompanying the increased cigarette consumption, a special, unusual habit of chewing betel quid started and grew into a mainstream practice among adult males (nearly one out of four). Oral and esophageal cancer increased sharply soon after the market opened. At the same time, the patriotic protectionists, NGOs, and government galvanized an anti-smoking movement, which gradually transformed Taiwan's culture so that smoking in public is no longer socially acceptable. A new term, “de-normalization,” was coined about the favorable effect of market opening.
The ironic outcome of Super 301 is that while the market was forced open solely by the US, in only ten years, US market share, once leading, shrunk to a distant fifth, after Japan, UK, Germany and domestic producers. The trade imbalance was little affected by the opening of the cigarette market.
Dr. Wen's colloquium continues the colloquium series on tobacco control in East Asia, sponsored by the Asia Health Policy Program at the Shorenstein Asia-Pacific Research Center, in coordination with FSI’s Global Tobacco Prevention Research Initiative.
Philippines Conference Room
A Stake in the Heart of Lipset's Law? Indonesia versus Modernization Theory
Seymour Martin Lipset famously claimed that the more well-to-do a nation is, the greater the chance that it will sustain democracy. This "law" fits the experience of several countries in Northeast and Southeast Asia. Formerly authoritarian South Korea and Taiwan grew rich and became stable democracies with active civil societies, as Lipset would have expected. His "law" fits the Philippines and Thailand as well- -poor countries with tenuous holds on democracy where uncivil societies have mobilized to defend elite hegemony against mass-based electoral challenges.
The case of Indonesia, in contrast, limits Lipset's Law. Poor yet stably democratic, Indonesia is free of regime-threatening social conflicts. Arguably, despite its poverty, its democracy is already consolidated. India's record of sustaining democracy is another case in point. These poor yet successfully democratic polities amount to large stakes in the heart of modernization theory.
Prof. Thompson will contend that Indonesia's democracy is neither middle-class-based nor dominated by big business, but is instead still characterized by traditional cross-cutting ethno-religious cleavages that limit the impact of money politics, reduce the risk of populism, foster elite consensus, and thereby encourage democratic stability. He will link his argument not only to Lipset's Law but to the intellectual legacies of Alexis de Tocqueville, Antonio Gramsci, and Barrington Moore among other students of democracy and modernity.
Mark R. Thompson is a professor of political science at the University of Erlangen-Nuremberg in Germany. A Chicago native, he took his first degree in religious studies at Brown University followed by postgraduate work at Cambridge University and the University of the Philippines. Fascinated by Philippine people power, he wrote his dissertation at Yale University on the anti-Marcos struggle (Yale University Press, 1996). After moving to Germany, he witnessed popular uprisings in East Germany and Eastern Europe, inspiring him to conceptualize democratic revolutions in essays later published as a book (Routledge, 2004). He is in residence at Stanford from February through April 2009.
Philippines Conference Room