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,
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(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.)
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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).
Most of the knowledge in cyberspace lives the most
temporary (or so we think) existence: Your voice, on
a telephone wire or microwave, travels through
space at the speed of light, reaches the ear of your
listener, and is gone forever.
But people are increasingly building cyberspatial
"warehouses" of data, knowledge, information and
_mis_information in digital form, the ones and
zeros of binary computer code. The storehouses
themselves display a physical form (discs, tapes, CD-
ROMs) -- but what they contain is accessible only to
those with the right kind of portal and the right kind
of key.
The key is software, a special form of electronic
knowledge that allows people to navigate through
the cyberspace environment and make its contents
understandable to the human senses in the form of
written language, pictures and sound.
People are adding to cyberspace -- creating it,
defining it, expanding it -- at a rate that is already
explosive and getting faster. Faster computers,
cheaper means of electronic storage, improved
software and more capable communications
channels (satellites, fiber-optic lines) -- each of these
factors independently add to cyberspace. But the real
explosion comes from the combination of all of
them, working together in ways we still do not
understand.
The bioelectronic _frontier_ is an appropriate
metaphor for what is happening in cyberspace,
calling to mind as it does the spirit of invention and
discovery that led ancient mariners to explore the
world, generations of pioneers to tame the
American continent and, more recently, to man's
first exploration of outer space.
But the exploration of cyberspace brings both greater
opportunity, and in some ways more difficult
challenges, than any previous human adventure.
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.
Turning the economics of mass-production inside
out, new information technologies are driving the
financial costs of diversity -- both product and
personal -- down toward zero, "demassifying" our
institutions and our culture. Accelerating
demassification creates the potential for vastly
increased human freedom.
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.)
In this context, the one metaphor that is perhaps
least helpful in thinking about cyberspace is --
unhappily -- the one that has gained the most
currency: The Information Superhighway. Can you
imagine a phrase less descriptive of the nature of
cyberspace, or more misleading in thinking about its
implications? Consider the following set of
polarities:
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
The highway analogy is all wrong," explained Peter
Huber in Forbes this spring, "for reasons rooted in
basic economics. Solid things obey immutable laws
of conservation -- what goes south on the highway
must go back north, or you end up with a mountain
of cars in Miami. By the same token, production and
consumption must balance. The average Joe can
consume only as much wheat as the average Jane
can grow. Information is completely different. It can
be replicated at almost no cost -- so every individual
can (in theory) consume society's entire output. Rich
and poor alike, we all run information deficits. We
all take in more than we put out."
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.
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)?
The answers to these two questions will set the basic
terms upon which America and the world will enter
the Third Wave. For the most part, however, these
questions are not yet even being asked. Instead, at
least in America, governments are attempting to
take Second Wave concepts of property and
ownership and apply them to the Third Wave. Or
they are ignoring the problem altogether.
For example, a great deal of attention has been
focused recently on the nature of "intellectual
property" -- i.e. the fact that knowledge is what
economists call a "public good," and thus requires
special treatment in the form of copyright and patent
protection.
Major changes in U.S. copyright and patent law
during the past two decades have broadened these
protections to incorporate "electronic property." In
essence, these reforms have attempted to take a body
of law that originated in the 15th century, with
Gutenberg's invention of the printing press, and
apply it to the electronically stored and transmitted
knowledge of the Third Wave.
A more sophisticated approach starts with
recognizing how the Third Wave has fundamentally
altered the nature of knowledge as a "good," and
that the operative effect is not technology per se (the
shift from printed books to electronic storage and
retrieval systems), but rather the shift from a mass-
production, mass-media, mass-culture civilization
to a demassified civilization.
The big change, in other words, is the
demassification of actionable knowledge.
The dominant form of new knowledge in the Third
Wave is perishable, transient, _ customized_
knowledge: The right information, combined with
the right software and presentation, at precisely the
right time. Unlike the mass knowledge of the
Second Wave -- "public good" knowledge that was
useful to everyone because most people's
information needs were standardized -- Third Wave
customized knowledge is by nature a private good.
If this analysis is correct, copyright and patent
protection of knowledge (or at least many forms of
it) may no longer be unnecessary. In fact, the
marketplace may already be creating vehicles to
compensate creators of customized knowledge
outside the cumbersome copyright/patent process, as
suggested last year by John Perry Barlow:
"One existing model for the future conveyance of
intellectual property is real-time performance, a
medium currently used only in theater, music,
lectures, stand-up comedy and pedagogy. I believe
the concept of performance will expand to include
most of the information economy, from multi-
casted soap operas to stock analysis. In these
instances, commercial exchange will be more like
ticket sales to a continuous show than the purchase
of discrete bundles of that which is being shown.
The other model, of course, is service. The entire
professional class -- doctors, lawyers, consultants,
architects, etc. -- are already being paid directly for
their intellectual property. Who needs copyright
when you're on a retainer?"
Copyright, patent and intellectual property represent
only a few of the "rights" issues now at hand. Here
are some of the others:
* Ownership of the electromagnetic spectrum,
traditionally considered to be "public property," is
now being "auctioned" by the Federal
Communications Commission to private
companies. Or is it? Is the very limited "bundle of
rights" sold in those auctions really property, or
more in the nature of a use permit -- the right to use
a part of the spectrum for a limited time, for limited
purposes? In either case, are the rights being
auctioned defined in a way that makes technological
sense?
* Ownership over the infrastructure of wires, coaxial
cable and fiber-optic lines that are such prominent
features in the geography of cyberspace is today
much less clear than might be imagined. Regulation,
especially price regulation, of this property can be
tantamount to confiscation, as America's cable
operators recently learned when the Federal
government imposed price limits on them and
effectively confiscated an estimated $___ billion of
their net worth. (Whatever one's stance on the
FCC's decision and the law behind it, there is no
disagreeing with the proposition that one's
ownership of a good is less meaningful when the
government can step in, at will, and dramatically
reduce its value.)
* The nature of capital in the Third Wave -- tangible
capital as well as intangible -- is to depreciate in real
value much faster than industrial-age capital --
driven, if nothing else, by Moore's Law, which states
that the processing power of the microchip doubles
at least every 18 _months_. Yet accounting and tax
regulations still require property to be depreciated
over periods as long as 30 _years_. The result is a
heavy bias in favor of "heavy industry" and against
nimble, fast-moving baby businesses.
Who will define the nature of cyberspace property
rights, and how? How can we strike a balance
between interoperable open systems and protection
of property?
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, not just for information technology but
for all goods and materials, shipping and services. In
cyberspace itself, market after market is being
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 -- even though the "private express
statutes" that technically grant the U.S. Postal
Service a monopoly over mail delivery remain in
place.
* During the past 20 years, the market for television
has been transformed from one in which there were
at most 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 based on twisted-pair copper
cables, is rapidly being made competitive by the
advent of wireless service and the entry of cable
television into voice communication. In England,
Mexico, New Zealand and a host of developing
countries, government restrictions preventing such
competition have already been removed and
consumers actually have the freedom to choose.
The advent of new technology and new products
creates the potential for _ dynamic competition --
competition between and among technologies and
industries, each seeking to find the best way of
serving customers' needs. Dynamic competition is
different from static competition, in which many
providers compete to sell essentially similar
products at the lowest price.
Static competition is good, because it forces costs and
prices to the lowest levels possible for a given
product. 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.
Such dynamic competition -- the essence of what
Austrian economist Joseph Schumpeter called
"creative destruction" -- creates winners and losers
on a massive scale. New technologies can render
instantly obsolete billions of dollars of embedded
infrastructure, accumulated over decades. The
transformation of the U.S. computer industry since
1980 is a case in point.
In 1980, everyone knew who led in computer
technology. Apart from the minicomputer boom,
mainframe computers _were_ the market, and
America's dominance was largely based upon the
position of a dominant vendor -- IBM, with over
50% world market-share.
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.
After a decade of angst, the surprising outcome is
that America is not only competitive
internationally, but, by any measurable standard,
America dominates the growth sectors in world
economics -- telecommunications, microelectronics,
computer networking (or "connected computing")
and software systems and applications.
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 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.
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.
To some people, that statement will seem
melodramatic. America, after all, remains a land of
individual freedom, and this freedom clearly
extends to cyberspace. How else to explain the
uniquely American phenomenon of the hacker,
who ignored every social pressure and violated
every rule to develop a set of skills through an early
and intense exposure to low-cost, ubiquitous
computing.
Those skills eventually made him or her highly
marketable, whether in developing applications-
software or implementing networks. The hacker
became a technician, an inventor and, in case after
case, a creator of new wealth in the form of the baby
businesses that have given America the lead in
cyberspatial exploration and settlement.
It is hard to imagine hackers surviving, let alone
thriving, in the more formalized and regulated
democracies of Europe and Japan. In America,
they've become vital for economic growth and trade
leadership. Why? Because Americans still celebrate
individuality over conformity, reward achievement
over consensus and militantly protect the right to be
different.
But the need to affirm the basic principles of
freedom is real. Such an affirmation is needed in
part because we are entering new territory, where
there are as yet no rules -- just as there were no rules
on the American continent in 1620, or in the
Northwest Territory in 1787.
Centuries later, an affirmation of freedom -- by this
document and similar efforts -- is needed for a
second reason: We are at the end of a century
dominated by the mass institutions of the industrial
age. The industrial age encouraged _conformity_
and relied on _standardization_. And the
institutions of the day -- corporate and government
bureaucracies, huge civilian and military
administrations, schools of all types -- reflected these
priorities. Individual liberty suffered -- sometimes
only a little, sometimes a lot:
* 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.
All of these interventions might have made sense
in a Second Wave world, where standardization
dominated and where it was assumed that the
scarcity of knowledge (plus a scarcity of
telecommunications capacity) made bureaucracies
and other elites better able to make decisions than
the average person.
But, whether they made sense before or not, these
and literally thousands of other infringements on
individual rights now taken for granted make no
sense at all in the Third Wave.
For a century, those who lean ideologically in favor
of freedom have found themselves at war not only
with their ideological opponents, but with a time in
history when the value of conformity was at its
peak. However desirable as an ideal, individual
freedom often seemed impractical. The mass
institutions of the Second Wave required us to give
up freedom in order for the system to "work."
The coming of the Third Wave turns that equation
inside-out. The complexity of Third Wave society is
too great for any centrally planned bureaucracy to
manage. Demassification, customization,
individuality, freedom -- these are the keys to success
for Third Wave civilization.
THE ESSENCE OF COMMUNITY
If the transition to the Third Wave is so positive,
why are we experiencing so much anxiety? Why are
the statistics of social decay at or near all-time highs?
Why does cyberspatial "rapture" strike millions of
prosperous Westerners as lifestyle _rupture_? Why
do the principles that have held us together as a
nation seem no longer sufficient -- or even wrong?
The incoherence of political life is mirrored in
disintegrating personalities. Whether 100% covered
by health plans or not, psychotherapists and gurus
do a land-office business, as people wander aimlessly
amid competing therapies. People slip into cults and
covens or, alternatively, into a pathological
privatism, convinced that reality is absurd, insane or
meaningless. "If things are so good," Forbes
magazine asked recently, "why do we feel so bad?"
In part, this is why: Because we constitute the final
generation of an old civilization and, at the very
same time, the first generation of a new one. Much
of our personal confusion and social disorientation
is traceable to conflict _within us_ and within our
political institutions -- between the dying Second
Wave civilization and the emergent Third Wave
civilization thundering in to take its place.
Second Wave ideologues routinely lament the
breakup of mass society. Rather than seeing this
enriched diversity as an opportunity for human
development, they attach it as "fragmentation" and
"balkanization." But to reconstitute democracy in
Third Wave terms, we need to jettison the
frightening but false assumption that more diversity
automatically brings more tension and conflict in
society.
Indeed, the exact reverse can be true: If 100 people all
desperately want the same brass ring, they may be
forced to fight for it. On the other hand, if each of the
100 has a different objective, it is far more rewarding
for them to trade, cooperate, and form symbiotic
relationships. Given appropriate social
arrangements, diversity can make for a secure and
stable civilization.
No one knows what the Third Wave communities
of the future will look like, or where
"demassification" will ultimately lead. It is clear,
however, that cyberspace will play an important role
knitting together in the diverse communities of
tomorrow, facilitating the creation of "electronic
neighborhoods" bound together not by geography
but by shared interests.
Socially, putting advanced computing power in the
hands of entire populations will alleviate pressure
on highways, reduce air pollution, allow people to
live further away from crowded or dangerous urban
areas, and expand family time.
The late Phil Salin (in Release 1.0 11/25/91) offered
this perspective: "[B]y 2000, multiple cyberspaces will
have emerged, diverse and increasingly rich.
Contrary to naive views, these cyberspaces will not
all be the same, and they will not all be open to the
general public. The global network is a connected
'platform' for a collection of diverse communities,
but only a loose, heterogeneous community itself.
Just as access to homes, offices, churches and
department stores is controlled by their owners or
managers, most virtual locations will exist as
distinct places of private property."
"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.
THE ROLE OF GOVERNMENT
The current Administration has identified the right
goal: Reinventing government for the 21st Century.
To accomplish that goal is another matter, and for
reasons explained in the next and final section, it is
not likely to be fully accomplished in the immediate
future. This said, it is essential that we understand
what it really means to create a Third Wave
government and begin the process of
transformation.
Eventually, the Third Wave will affect virtually
everything government does. The most pressing
need, however, is to revamp the policies and
programs that are slowing the creation of cyberspace.
Second Wave programs for Second Wave industries
-- the status quo for the status quo -- will do little
damage in the short run. It is the government's
efforts to apply its Second Wave modus operandi to
the fast-moving, decentralized creatures of the Third
Wave that is the real threat to progress. Indeed, 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.
One further point should be made at the outset:
Government should be as strong and as big as it
needs to be to accomplish its central functions
effectively and efficiently. The reality is that a Third
Wave government will be vastly smaller (perhaps by
50 percent or more) than the current one -- this is an
inevitable implication of the transition from the
centralized power structures of the industrial age to
the dispersed, decentralized institutions of the
Third. But smaller government does not imply
weak government; nor does arguing for smaller
government require being "against" government for
narrowly ideological reasons.
Indeed, the transition from the Second Wave to the
Third Wave will require a level of government
_activity_ not seen since the New Deal. Here are
five proposals to back up the point.
1. The Path to Interactive Multimedia Access
- The "Jeffersonian Vision" offered by Mitch Kapor
and Jerry Berman has propelled the Electronic
Frontier Foundation's campaign for an "open
platform" telecom architecture:
"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 question is: What role should government play
in bringing this vision to reality? But also: Will
incentives for the openly-accessible, "many to
many," national multimedia network envisioned by
EFF harm the rights of those now constructing
thousands of non-open local area networks?
These days, interactive multimedia is the daily
servant only of avant-garde firms and other elites.
But the same thing could have been said about
word-processors 12 years ago, or phone-line
networks six years ago. Today we have, in effect,
universal access to personal computing -- which no
political coalition ever subsidized or "planned." And
America's _networking_ menu is in a hyper-growth
phase. Whereas the accessing software cost $50 two
years ago, today the same companies hand it out free
-- to get more people on-line.
This egalitarian explosion has occurred in large
measure because government has stayed out of these
markets, letting personal computing take over while
mainframes rot (almost literally) in warehouses, and
allowing (no doubt more by omission than
commission) computer networks to grow, free of the
kinds of regulatory restraints that affect phones,
broadcast and cable.
All of which leaves reducing barriers to entry and
innovation as 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 (nine
times as extensive as industry fiber and rising
rapidly) could be joined with the huge asset of 57
million broadband links (i.e. into homes now
receiving cable-TV service) 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.
The other major effect of prohibiting the "manifest
destiny" of cable preserves the broadcast (or
narrowband) television model. In fact, stopping an
interactive multimedia network perpetuates John
Malone's original formula -- which everybody
(especially Vice-President Gore and the FCC) claims
to oppose because of the control it leaves with
system owners and operators.
The key condition for replacing Malone's original
narrowband model is true bandwidth abundance.
When the federal government prohibits the
interconnection of conduits, the model gains a new
lease on life. In a world of bandwidth scarcity, the
owner of the conduit not only can but must control
access to it -- thus the owner of the conduit also
shapes the content. It really doesn't matter who the
owner is. Bandwidth scarcity will require the
managers of the network to determine the video
programming on it.
Since cable is everywhere, particularly within cities,
it would allow a closing of the gap between the
knowledge-rich and knowledge-poor. Cable's
broadband "pipes" _already_ touch almost two-
thirds of American households (and are easily
accessible to another one-fourth). The phone
companies have broadband fiber. A hybrid network -
- co-ax plus fiber -- is the best means to the next
generation of cyberspace expansion. What if this
choice is blocked?
In that case, what might be called cyberspace
democracy will be confined to the computer
industry, where it will arise from the Internet over
the years, led by corporate and suburban/exurban
interests. While not a technological calamity, this
might be a _social_ perversion equivalent to what
"Japan Inc." did to its middle and lower classes for
decades: Make them pay 50% more for the same
quality vehicles that were gobbling up export
markets.
Here's the parallel: 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.
Not only that, but the long-time alliance of East
Coast broadcasters and Hollywood glitterati will
have a new lease on life: If their one-way video
empires win new protection, millions of Americans
will be deprived of the tools to help build a new
interactive multimedia culture.
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.
2. 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. The implication of this simple fact is also
simple, and price/entry regulation of
telecommunications services -- by state and local
governments as well as the Federal government --
should therefore be replaced by antitrust law as
rapidly as possible.
This transition will not be simple, and it should not
be instantaneous. If antitrust is to be seriously
applied to telecommunications, some government
agencies (e.g. the Justice Department's Antitrust
Division) will need new types of expertise. And
investors in regulated monopolies should be
permitted time to re-evaluate their investments
given the changing nature of the legal conditions in
which these firms will operate -- a luxury not
afforded the cable industry in recent years.
This said, two additional points are important. First,
delaying implementation is different from delaying
enactment. The latter should be immediate, even if
the former is not. Secondly, 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.
3. Defining and Assigning Property Rights
In 1964, libertarian icon Ayn Rand wrote:
- "It is the proper task of government to protect
individual rights and, as part of it, formulate the
laws by which these rights are to be implemented
and adjudicated. It is the government's
responsibility to define the application of individual
rights to a given sphere of activity -- to define (i.e. to
identify), not create, invent, donate, or expropriate.
The question of defining the application of property
rights has arisen frequently, in the wake of oil rights,
vertical space rights, etc. In most cases, the American
government has been guided by the proper
principle: It sought to protect all the individual
rights involved, not to abrogate them." ("The
Property Status of the Airwaves," Objectivist
Newsletter, April 1964)
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. A Third
Wave government will understand the importance
and urgency of this undertaking and begin seriously
to address it; to fail to do so is to perpetuate the
politics and policy of the Second Wave.
Secondly, the key principle of ownership by the
people -- private ownership -- should govern every
deliberation. Government does not own cyberspace,
the people do.
Thirdly, clarity is essential. Ambiguous property
rights are an invitation to litigation, channeling
energy into courtrooms that serve no customers and
create no wealth. From patent and copyright systems
for software, to challenges over the ownership and
use of spectrum, the present system is failing in this
simple regard.
The difference between America's historic economic
success can, in case after case, be traced to our
wisdom in creating and allocating clear, enforceable
property rights. The creation and exploration of
cyberspace requires that wisdom to be recalled and
reaffirmed.
4. 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.
"GDP" and other popular numbers do nothing to
clarify the magic and muscle of information
technology. The government has not been very good
at measuring service-sector output, and almost all
institutions are incredibly bad at measuring the
productivity of _information_. Economists are stuck
with a set of tools designed during, or as a result of,
the 1930s. So they have been measuring less and less
important variables with greater and greater
precision.
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. The tax code
always reflects the varying lobbying pressures
brought to bear on government. And the existing tax
code was brought into being by traditional
manufacturing enterprises and the allied forces that
arose during the assembly line's heyday.
The computer industry correctly complains that half
their product is depreciated in six months or less --
yet they can't depreciate it for tax purposes. The U.S.
semiconductor industry faces five-year depreciation
timetables for products that have three-year lives (in
contrast to Japan, where chipmakers can write off
their fabrication plants in one year). Overall, the tax
advantage remains with the long, rather than the
short, product life-cycle, even though the latter is
where all design and manufacturing are trending.
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."
5. Creating a Third Wave Government
- Going beyond cyberspace policy per se, government
must remake itself and redefine its relationship to
the society at large. No single set of policy changes
that can create a future-friendly government. But
there are some yardsticks we can apply to policy
proposals. Among them:
Is it based on the factory model, i.e. on
standardization, routine and mass-production_? If
so, it is a Second Wave policy. Third Wave policies
encourage uniqueness.
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.
Does it encourage geographic concentration_?
Second Wave policies encourage people to
congregate physically; Third Wave policies permit
people to work at home, and to live wherever they
choose.
Is it based on the idea of mass culture -- of
everyone watching the same sitcoms on television --
or does it permit, even encourage, diversity within a
broad framework of shared values_? Third Wave
policies will help transform diversity from a threat
into an array of opportunities.
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.
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?
Living on the edge of the Third Wave, we are
witnessing a battle not so much over the nature of
the future -- for the Third Wave will arrive -- but
over the nature of the transition. On one side of this
battle are the partisans of the industrial past. On the
other are growing millions who recognize that the
world's most urgent problems can no longer be
resolved within the massified frameworks we have
inherited.
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. It includes the
increasingly data-drenched services -- finance,
software, entertainment, the media, advanced
communications, medical services, consulting,
training and learning. The people in this sector will
soon be the dominant constituency in American
politics.
And all of those confront a set of constituencies
made frightened and defensive by their mainly
Second Wave habits and locales: Command-and-
control regulators, elected officials, political opinion-
molders, philosophers mired in materialism,
traditional interest groups, some broadcasters and
newspapers -- and every major institution
(including corporations) that believes its future is
best served by preserving the past.
For the time being, the entrenched powers of the
Second Wave dominate Washington and the
statehouses -- a fact nowhere more apparent than in
the 1993 infrastructure bill: Over $100 billion for
steel and cement, versus one lone billion for
electronic infrastructure. Putting aside the question
of whether the government should be building
electronic infrastructure in the first place, the
allocation of funding in that bill shows the Second
Wave swamping the Third.
Only one political struggle so far contradicts the
landscape offered in this document, but it is a big
one: Passage of the North American Free Trade
Agreement last November. This contest carried both
sides beyond partisanship, beyond regionalism, and -
- after one climactic debate on CNN -- beyond
personality. The pro-NAFTA coalition opted to serve
the opportunity instead of the problem, and the
future as opposed to the past. That's why it
constitutes a standout model for the likely
development of a Third Wave political dialectic.
But 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. Like the economic sectors it serves, it is
demassified -- composed of individuals who prize
their differences. This very heterogeneity contributes
to its lack of political awareness. It is far harder to
unify than the masses of the past.
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.
PFF Report from
Lisa Kimball, Metasystems Design Group
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