All posts by Joel Schlosberg

Not Free Enough to Choose

Reagan gave Milton Friedman a Medal of Freedom, but didn’t say yes to allowing Americans the freedom to choose what to put in their bodies. Public domain.

Paul Krugman believes he’s discovered a flaw in the work of a fellow Nobel laureate economist. The late Milton Friedman, Krugman writes, was under the mistaken impression “that more choice is always a good thing” due to taking for granted that “people have more or less unlimited capacity to do due diligence on every aspect of their lives,” but was unaware that “in the real world, too much choice can be a big problem” (“Too Much Choice Is Hurting America,” New York Times, March 1).

A closer look at Free to Choose makes clear that Friedman’s take on The Power of Choice (another Friedman title) is more sophisticated than the sheer boosterism suggested by a cursory name-check. Friedman contends that the free-market price of a commodity “transmits only the important information and only to the people who need to know.” It is precisely because it avoids “clogging the ‘in’ baskets” of producers that it allows them to focus on satisfying consumer needs.

Krugman implies that the author of Free to Choose would have no problem with people being forced to choose between flavors of mandatory programs such as Medicare Advantage. The real Milton Friedman’s argument for a negative income tax as an alternative to welfare bureaucracies was that “replacing the ragbag of specific programs with a single comprehensive program” would be more effective.

Meanwhile, if you’re among the employees who “have to decide how to invest your 401(k)” pensions, or micromanage your health insurance, you lack access to options crowded out by government policies discouraging the creation of simpler programs not tied to employers.

As Roderick Long noted in 1994, “the market creates uniformity when customers need it, and diversity when they need that instead,” not foreseeing how quickly DVDs would date his example of how “video cassettes come with lots of different kinds of movies” but not “in fifty different shapes and sizes.”

Long suggests that free competition might bring similar innovation in areas where legal monopolies are deemed inevitable or “natural” (Friedman himself wasn’t confident enough in the power of choice to fully endorse “[Friedrich] Hayek’s proposals for removing any legal obstacles to the development of private competitive money”). That approach could send waste and confusion in political economy to join Betamax — and subsequent also-ran home video formats such as Digital Video Express and HD DVD — into the dustbin of history.

New Yorker Joel Schlosberg is a contributing editor at The William Lloyd Garrison Center for Libertarian Advocacy Journalism.

PUBLICATION/CITATION HISTORY

Brave New World Wide Web Revisited

Deadheads preparing to enjoy Barlow’s lyrics in his Rocky Mountain region. Photo by Mark L. Knowles. GNU Free Documentation License, Version 1.2.

February 8 marks the silver anniversary of an iconic early manifesto defending the Internet as a space where personal liberties and social cooperation might flourish free of political control … just in time. John Perry Barlow emailed “A Declaration of the Independence of Cyberspace” from the World Economic Forum the day Bill Clinton signed into law restraints on free expression via the Telecommunications Act of 1996.

Barlow couldn’t have foreseen that on February 2, 2021, The New York Times would print a call for incoming President Joe Biden to appoint a “reality czar” to verify online information.  He did predict that national administrative substitutes for “parental responsibilities” would fail to contain “the virus of liberty” in “a world that will soon be blanketed in bit-bearing media.”

Barlow’s Declaration promptly became ubiquitous in the cyberspace it extolled, its text reposted on tens of thousands of web pages (no mean feat when websites numbered in the hundreds of thousands). Detractors penned multiple Declarations of the Dependence of Cyberspace on governmental oversight, misinterpreting Barlow’s ideal of a World Wide Web freed from rulers as a Wild West Web un-moored by rules.

Barlow himself noted on his Declaration’s twentieth anniversary that it had become largely remembered as “an example of the sort of wooly-headed hippie thinking we could entertain in more innocent times.”  He admitted that he had overly high hopes for the amount of “horizontally networked consensus” that would result, and that he had underestimated the new medium’s potential for abuse.

Yet if Barlow under-emphasized the basis of his confidence in voluntary agreement to those who lacked his experience with the “unwritten social contracts” undergirding everyday life in his home state of Wyoming, he himself failed to fully appreciate its power.  He told Reason magazine in 2004 that the very nation-states he had famously declared “weary giants of flesh and steel” eight years before were now “the only force I know that is fairly reliable” at “countervailing against monopoly.”

To the contrary, political gigantism is the source of economic monopoly.  United States Steel Corporation chairman Elbert Henry Gary feared the “bitter warfare” of unregulated competition, as have industrialists closer on the cutting edge to U.S. Robotics than U.S. Steel.  Microsoft called for the United States to enact “a broad, nationwide privacy law” in 2005, just as users were abandoning Microsoft Internet Explorer for more secure competing web browsers like Firefox and Opera. Similar regulatory capture tipped the balance away from such alternatives and toward the consolidation of the Internet into a handful of centralized platforms.

Freedom of exit to innovative upstarts can still restore the potential of the early Internet to secure freedom in virtual reality, and in the real world “of flesh and steel” as well.

New Yorker Joel Schlosberg is a contributing editor at The William Lloyd Garrison Center for Libertarian Advocacy Journalism.

PUBLICATION/CITATION HISTORY

  1. “Brave New World Wide Web Revisited” by Joel Schlosberg, OpEdNews, February 6, 2021
  2. “Brave new world wide web revisited” by Joel Schlosberg, Intrepid Report, February 8, 2021
  3. “Brave New World Wide Web revisited” by Joel Schlosberg, Elko, Nevada Daily Free Press, February 8, 2021
  4. “Brave New World Wide Web Revisited” by Joel Schlosberg, Richmond, North Carolina Observer, February 9, 2021
  5. “Brave new World Wide Web revisited” by Joel Schlosberg, Brattleboro, Vermont Reformer, February 9, 2021
  6. “Brave New World Wide Web Revisited” by Joel Schlosberg, Ventura County, California Citizens Journal, February 11, 2021
  7. “Brave New World Wide Web Revisited” by Joel Schlosberg, Pottstown, Pennsylvania Mercury, February 12, 2021
  8. “Brave New World Wide Web Revisited” by Joel Schlosberg, The Phoenix Reporter & Item [Phoenixville, Pennsylvania], February 12, 2021
  9. “Brave New World Wide Web Revisited” by Joel Schlosberg, The Delaware County [Pennsylvania] Daily Times, February 12, 2021
  10. “Brave New World Wide Web Revisited” by Joel Schlosberg, Mainline Media News [Exton, Pennsylvania], February 12, 2021
  11. “Brave New World Wide Web Revisited” by Joel Schlosberg, Montgomery News [Lansdale, Pennsylvania], February 12, 2021
  12. “Brave New World Wide Web Revisited” by Joel Schlosberg, Daily Local News [West Chester, Pennsylvania], February 12, 2021
  13. “Brave New World Wide Web Revisited” by Joel Schlosberg, The Times Herald [Port Huron, Michigan], February 12, 2021

Let the Twenties Roar Free

Rodents frolic in the 1925 Disney short Alice Rattled By Rats. Public domain.

New Year’s Eve partiers had good reason to celebrate at the stroke of midnight on January 1. If the end of 2020 felt like a farewell to the missteps of more than one previous year, in a way it truly was. The culture of the year 1925 broke free from shackles imposed in 1998.

That year’s Sonny Bono Copyright Term Extension Act was far from the first of its kind. The United States Congress had reinterpreted its Constitutional mandate to grant an “exclusive Right” to creative works “for limited Times” to encompass increasingly longer periods of time. When George Washington signed the original Copyright Act into law, copyrights spanned at most 28 years. Bill Clinton’s pen bumped them from 75 years to 95.

What was unprecedented was that the additional decades didn’t just apply to new works whose creators might possibly be incentivized, but to Jazz Age classics already due to enter the public domain. A 1995 New York Times article quoted a representative of Houghton Mifflin on how they would “like to publish a successful book exclusively forever;” the 1998 Copyright Term Extension Act was close enough, setting the precedent for further re-extensions in the future.

Copyrights with no effective end point might seem to be simply be the “intellectual property” equivalent of the physical kind. To the contrary, as Ayn Rand observed, they “would become a cumulative lien on the production of unborn generations, which would ultimately paralyze them.” If “Jack London fought as fiercely to control the copyright on his work as he fought for” the revolutionary socialism advocated in his writings (as noted by The Radical Jack London editor Jonah Raskin, who adds that the expiration of their copyrights that made the 2008 collection possible “would no doubt rankle him”), free-market radicals have fought to get copyrights under control.

Self-described “Ayn Rand freak” Michael S. Hart founded Project Gutenberg to give away royalty-free electronic books “for the most selfish of reasons — because I want a world that has Project Gutenberg in it.” James M. Buchanan and Milton Friedman were among the laissez-faire luminaries who detailed the economic losses of excessive copyright terms in a legal brief endorsing the overturn of the Copyright Term Extension Act.

This challenge, culminating in the the Supreme Court’s Eldred v. Ashcroft decision, was unsuccessful. Yet the absence of a follow-up Extended Extension Act has allowed some of the “limited Times” to eventually reach their limit. Publications from 1923 finally entered the public domain in 2019, and the rest of the Roaring Twenties are gradually following suit. Meanwhile, some creatives are releasing their copyrights early. This past October, Tom Lehrer waived copyright restrictions to his songs, so that nobody will have to wait until 2061 to update his satires of New Math and Hubert H. Humphrey.

The 2020s face many problems, but a failure to learn from the 1920s need not be one of them.

New Yorker Joel Schlosberg is a contributing editor at The William Lloyd Garrison Center for Libertarian Advocacy Journalism.

PUBLICATION/CITATION HISTORY

  1. “Let the Twenties roar free” by Joel Schlosberg, Anchorage, Alaska Press, January 2, 2021
  2. “Let the Twenties Roar Free” by Joel Schlosberg, Ventura County, California Citizens Journal, January 3, 2021
  3. “Let the twenties roar free” by Joel Schlosberg, The Lebanon, Indiana Reporter, January 5, 2021
  4. “Let the ’20s roar free” by Joel Schlosberg, Claremont, NH Eagle Times, January 6, 2021
  5. “Let the Twenties Roar Free” by Joel Schlosberg, Roundup, MT Record Tribune & Winnett Times, January 6, 2021
  6. “Let the Twenties Roar Free” by Joel Schlosberg, OpEdNews, January 7, 2021