Thursday, July 2, 2009
Szoka Statement
Online Advertising Principles

Today, a group of media and marketing trade associations released a set of self-regulatory principles to protect consumer privacy in ad-supported interactive media.  The following statement may be attributed to Berin Szoka, Fellow and Director of the Center for Internet Freedom at The Progress & Freedom Foundation: More...

Tuesday, June 30, 2009
Online Advertising Event Panelists Confirmed
July 10th Event to Explore Costs of Online Advertising & Privacy Regulation

Speakers have been confirmed for the July 10th event "Regulating Online Advertising: What Will it Mean for Consumers, Culture & Journalism?" hosted by The Progress & Freedom Foundation.  The panel features Internet policy experts and economists who will discuss the possible effects of proposals to regulate online advertising and data collection on consumers, Internet business, free speech and society. More...

Thursday, June 25, 2009
Ferree Statement on Nomination of Meredith Baker to FCC

President-elect Barack Obama has announced his intent to nominate Meredith A. Baker, former Acting Administrator of the National Telecommunications and Information Administration (NTIA), to serve as Commissioner at the Federal Communications Commission.  The following statement can be attributed to Ken Ferree, President of The Progress & Freedom Foundation: More...

Thursday, June 25, 2009
PFF Event: Online Advertising Regulation
July 10th Event to Explore Costs for Consumers, Culture and Journalism

Proposals to regulate advertising and data collection on the Internet, mobile phones, and interactive television, hold the promise of enhancing consumer privacy.  On the other hand, "smart advertising" allows more relevant advertising to be targeted directly to individual consumers, making markets more competitive, significantly increasing the funding available for creating free content and services, and increasing the effectiveness of all forms of free speech.  These issues and more will be discussed at "Regulating Online Advertising: What Will it Mean for Consumers, Culture & Journalism?" a congressional seminar hosted by The Progress & Freedom Foundation. More...

Friday, June 19, 2009
Education is Best Way for Congress to Address Cyberbullying
PFF Fellows Say Criminalization is Wrong Approach

If Congress wishes to address cyberbullying through federal legislation, it should focus on education-based approaches instead of criminalization, argue Berin Szoka and Adam Thierer in "Cyberbullying Legislation:  Why Education is Preferable to Regulation," released today by The Progress & Freedom Foundation. Criminalizing what is mostly minor-on-minor behavior will not likely solve the age-old problem of kids mistreating each other, a problem that has traditionally been dealt through counseling and rehabilitation at the local level. More...

Friday, June 19, 2009
Rule of Law Prevails in Capitol Records, Inc. v. Thomas
Thomas Sydnor Statement on Filesharing Verdict

The jury in Capitol Records, Inc v. Jammie Thomas has found the defendant liable for copyright infringement.  The following statement may be attributed to Tom Sydnor, Senior Fellow and Director of the Center for the Study of Digital Property at The Progress & Freedom Foundation: More...

Wednesday, June 17, 2009
Exclusive Handset-Carrier Deals Promote Competition
Esbin Testifies on Wireless Issues Before U.S. Senate Commerce Committee

Exclusive handset arrangements have brought palpable benefits to consumers, spurring innovation and competition, stated Barbara Esbin in testimony presented today to the U.S. Senate Committee on Commerce, Science, and Transportation.  Because both the wireless services markets and handset markets are robustly competitive and showing no evidence of market failure, Congress should not seek to prohibit such arrangements. More...

Tuesday, June 9, 2009
ICANN 3.0 Should "Refocus" on Original Purpose
Palage Files Comments for NTIA Notice of Inquiry

The Internet Corporation for Assigned Names and Numbers (ICANN) has strayed from the technical coordinating mandate originally envisioned in the 1998 White Paper and has become "a quasi-monopolistic regulator accountable to no one but itself," states PFF Adjunct Fellow Michael Palage in comments filed yesterday with the National Telecommunications and Information Administration (NTIA).  More...

Monday, June 8, 2009
Broadband Plan Should Support Private Investment
Ferree, Esbin File Comments Regarding National Broadband Plan

A national broadband strategy should complement, rather than replace, private initiative and investment, state Kenneth Ferree and Barbara Esbin in comments filed by The Progress & Freedom Foundation.  The comments are in response to the Federal Communications Commission's Notice of Inquiry regarding a national plan to ensure nationwide access to broadband capability.  The Commission was directed to develop the plan by the American Investment and Recovery Act of 2009. More...

Thursday, June 4, 2009
Broadband: Is the Glass Half Empty or Half Full?
Two More Speakers Added to Broadband Competition Event Panel

A national broadband policy has been the focus of recent communications issue discussions.  How should this policy be crafted?  How has the current framework of regulation affected the broadband marketplace?  Is platform competition in the U.S. adequate to deliver benefits to consumers, or should alternatives be considered?  Panelists will discuss and debate these and related topics at "Broadband Competition:  Is the Glass Half Empty or Half Full?" a congressional seminar hosted by The Progress & Freedom Foundation.  The luncheon event is scheduled for June 12th at the Capitol Visitor's Center. More...

Thursday, May 28, 2009
Panelists Confirmed for Broadband Competition Event
June 12th Seminar to Feature Economists Involved in Communications Issues

Recent policy discussions have identified broadband deployment, adoption, and competition as important tools for economic recovery.  Are broadband markets in the U.S adequately competitive?  Should current policies favoring infrastructure investment be maintained?  Panelists will discuss their research on these and related issues at "Broadband Competition:  Is the Glass Half Empty or Half Full?" a congressional seminar hosted by The Progress & Freedom Foundation.  The luncheon event, which will be moderated by PFF Senior Fellow Barbara Esbin, is scheduled for June 12th at the Capitol Visitor's Center. More...

Thursday, May 21, 2009
COPPA Expansion Would Impact All Internet Users
Better Approaches are Available to Protect Children Online

Legislative proposals to expand the Children's Online Privacy Protection Act are highly misguided, explain Berin Szoka and Adam Thierer in "COPPA 2.0: The New Battle Over Privacy, Age Verification, Online Safety & Free Speech," released today by The Progress & Freedom Foundation. Expanding age verification mandates would require all users to surrender privacy and speech rights while doing little to improve the online safety of minors. More...

Wednesday, May 13, 2009
Ferree Statement on Intel Antitrust Ruling

The European Commission released a ruling today finding Intel Corporation in violation of antitrust laws.  PFF President Ken Ferree had these comments regarding the decision: More...

Tuesday, May 5, 2009
Informed P2P User Act Would Enhance Existing Law
Sydnor Testifies before U.S. House Consumer Protection Subcommittee

Although voluntary self-regulation should always be an option of "first resort", the narrowly-tailored Informed P2P User Act would successfully supplement existing law, explains PFF Senior Fellow Thomas Sydnor in testimony before the U.S. House Commerce, Trade, and Consumer Protection Subcommittee.  Sydnor, who testified at a hearing today on "H.R. 2221, the Data Accountability and Trust Act and H.R. 1319, the Informed P2P User Act," explained that popular programs continue to contain "features" that perpetuate inadvertent file-sharing, illustrating a failure of the voluntary best practices adopted by distributors of peer-to-peer software. More...

Friday, May 1, 2009
Broadband Competition: Is the Glass Half Empty or Half Full?
PFF Hosts June 12th Event on Broadband Platform Competition and Consumer Benefits

The competitiveness of broadband markets lies at the heart of many key policy debates today.  Are broadband markets in the U.S adequately competitive?  What is the correct metric for determining if consumers are benefiting from today's market structure?  How will market forces be affected by the influx of American Recovery and Reinvestment Act funds, and what will be the oversight role of Congress as these funds are distributed?  These and other policy issues will be discussed at "Broadband Competition:  Is the Glass Half Empty or Half Full?," a congressional seminar hosted by The Progress & Freedom Foundation. More...

Tuesday, April 28, 2009
Supreme Court Ruling a Blow to First Amendment
Thierer Says FCC v. Fox Ruling an Exercise in Futility

The Supreme Court's ruling today in FCC v. Fox upheld the Federal Communications Commission's recent expansion of content regulation on broadcast television, specifically the agency's unprecedented regulation of "fleeting expletives." PFF Senior Fellow Adam Thierer had these comments regarding the Court's decision: More...

Monday, April 20, 2009
ICANN President Paul Twomey Joins Friday's Panel
April 24th Event to Discuss Internet Governance and Registry Issues

Internet Corporation for Assigned Names and Numbers (ICANN) President and CEO Paul Twomey will participate in this Friday's panel discussion, "ICANN & Internet Governance: How Did We Get Here & Where Are We Heading?" hosted by The Progress & Freedom Foundation. More...

Friday, April 17, 2009
Sydnor Statement
On Pirate Bay Verdict

Early this morning, a Swedish jury and court held the two founders and two operators of the infamous Pirate Bay tracker site guilty of criminal copyright infringement and levied jail sentences and civil damage awards worth about $3.6 million against the defendants.  The following statement may be attributed to Tom Sydnor, Senior Fellow and Director of the Center for the Study of Digital Property at The Progress & Freedom Foundation: More...

Thursday, April 16, 2009
Panelists Confirmed for Internet Governance Event
Speakers at April 24th Event to Discuss ICANN, Registry Issues

Panelists have been confirmed for next Friday's congressional seminar, "ICANN & Internet Governance: How Did We Get Here & Where Are We Heading?" hosted by The Progress & Freedom Foundation.  Speakers at the April 24th luncheon event will discuss policy issues concerning administration of the domain name system, including the proposal for new top level domains and the upcoming expiration of ICANN's Joint Project Agreement/Memorandum of Understanding with the US Department of Commerce. More...

Wednesday, April 15, 2009
FCC Should Tread Carefully in Content Blocking Proceeding
Thierer Files Comments with FCC on Parental Control Technologies

The Federal Communications Commission should tread carefully in its new study of parental control tools and technologies, states PFF Senior Fellow Adam Thierer in comments filed regarding implementation of the "Child Safe Viewing Act of 2007."  The agency has no authority over most of the media platforms and technologies described in the Commission's recent Notice of Inquiry, explains Thierer. Moreover, any related mandates or regulatory actions could diminish future innovation in this field and would violate First Amendment rights. More...

Friday, April 10, 2009
Broadband Stimulus Should Catalyze Investment
Esbin, Ferree File Comments Regarding "Recovery Act" Broadband Provisions

Funds utilized to stimulate broadband deployment should catalyze, rather than replace or deter, private investment in infrastructure, state Barbara Esbin and Kenneth Ferree in comments released today by The Progress & Freedom Foundation.  Moreover, the authors state, the grants should be used to improve service in areas unserved or markedly underserved by broadband and not limited to particular technologies or providers. More...

Thursday, April 9, 2009
Aspen Summit at Sundance Postponed

The Progress & Freedom Foundation will be postponing its 15th Annual Aspen Summit, which was to be held this August in Sundance, Utah. More...

Wednesday, April 8, 2009
PFF Event: ICANN & Internet Governance
April 24th Congressional Seminar to Explore Internet Governance Issues

As the Internet has become the backbone of our Digital Age economy, the issue of "governance" has taken on a new importance.  What's next for the Internet Corporation for Assigned Names and Numbers (ICANN), the non-profit corporation responsible for coordinating administration of the domain name system? New developments and possible policy implications will be discussed at "ICANN & Internet Governance: How Did We Get Here & Where Are We Heading?" a congressional seminar hosted by The Progress & Freedom Foundation. More...

Monday, April 6, 2009
Thierer Appointed to Online Safety Working Group
NTIA Working Group to Report on Industry Online Child Safety Efforts

Adam Thierer, Senior Fellow and Director of the Center for Digital Media Freedom at The Progress & Freedom Foundation, has been appointed to serve on the National Telecommunications and Information Administration's (NTIA) Online Safety and Technology Working Group. The working group, established in the "Protecting Children in the 21st Century Act," will report to the Assistant Secretary of Commerce for Communications and Information on industry-implemented online child safety tools and efforts. More...

Monday, March 30, 2009
"Set-Aside" Infringes on Equal Protection, Free Speech Rights
Ferree Submits Comments on XM-Sirius Satellite Radio Merger Condition

Implementing a condition included in the XM-Sirius merger order that would require the entity to lease a percentage of its capacity to third-party minority programmers would contravene constitutional protections of equal protection and free speech, explains Kenneth Ferree in comments filed today with the Federal Communications Commission.  The Commission should stay enforcement of the condition or, at the very least, eliminate racial eligibility restrictions and allow the company a substantial role in selecting the programmers to whom it must grant access. More...

Wednesday, March 25, 2009
ICANN Implementation Recommendation Team Launched
Palage Suggests Procedural & Substantive Safeguards

The Internet Corporation for Assigned Names and Numbers (ICANN) pledged at its recent Mexico City meeting to establish an Implementation Recommendation Team (IRT).  This team of 24 experts convenes today and is responsible for developing and proposing protections for trademark holders.  Such protections are needed to ensure that ICANN's proposal to create new generic Top-Level Domains (gTLDs) such as .BLOG does not result in increased cybersquatting, phishing attacks and costly defensive registrations of domain names in new gTLDs.  But the IRT process itself requires certain procedural and substantive safeguards, states former ICANN Board member Michael Palage, in "ICANN's Implementation Review Team (IRT) for gTLD: Safeguards Needed," released today by The Progress & Freedom Foundation. More...

Tuesday, March 24, 2009
"Functional Separation" Unsuitable for All Markets
Italian Regulatory Model Dependent on Competitive and Legal Framework

U.S. regulators would be ill-advised to abandon current de-regulatory policies encouraging facilities-based competition in communications markets and return to models developed for monopoly service markets.  In "Functional Separation, Italian Style," released today by The Progress & Freedom Foundation, Senior Fellow Barbara Esbin concludes "functional separation" should be viewed as an extraordinary remedy for persisting competitive problems and is inappropriate for effectively competitive markets. More...

Thursday, March 10, 2009
Patents Not Responsible for "Knowledge Gap"
Rosenzweig Offers Rebuttal to Critiques of U.S. Patent System

Strong patent rights are not responsible for a so-called knowledge gap between developed and developing countries, explains Sidney Rosenzweig in "The False Connection Between Strong Patent Rights and Global Inequity," released today by The Progress & Freedom Foundation.  In the paper, Rosenzweig, PFF Visiting Fellow, refutes certain critiques of the U.S. patent system, which he describes as anecdotal and misrepresentative. More...

Tuesday, March 10, 2009
U.S. Law Provides a Making-Available Right
Sydnor Releases In-Depth Analysis of Copyright Act

Consistent interpretation of the terms "to authorize" and "to distribute" of Section 106 of the Copyright Act provide for a making-available right, explains PFF Fellow Thomas Sydnor in, "The Making-Available Right under U.S. Law." More...

Friday, February 27, 2009
Media Parental Control Need Over-Estimated
Policy Decisions Should Not Be Made on Uptake Rates of All Households

Policy concerning parental control technologies should not be based upon usage rates of all U.S. households, explains Adam Thierer in "Who Needs Parental Controls?  Assessing the Relevant Market for Parental Control Technologies." In the Progress on Point released today by The Progress & Freedom Foundation, the author identifies a very small percentage of households who potentially need technologies to control access to media content. More...

Tuesday, February 24, 2009
Satellite Video Regulatory Structure Outdated
PFF's Ferree Testifies Before U.S. House Communications Subcommittee

While considering renewal of the Satellite Home Viewer Extension and Reauthorization Act, Congress should take into account the current competitive market for video delivery services, stated Ken Ferree in testimony presented today to the U.S. House Subcommittee on Communications, Technology, and the Internet.  Specifically, they should amend rules that prevent DBS carriers from providing consumers signals from stations located within their state of residence and refrain from imposing enhanced carriage mandates on satellite video distributors. More...

Thursday, February 19, 2009
Palage Statement on ICANN's Second Draft gTLD Guidebook

The Internet Corporation for Assigned Names and Numbers (ICANN) has released its second Draft Applicant Guidebook concerning the creation of more generic top-level domains (gTLDs).  The following statement may be attributed to Michael Palage, Adjunct Fellow at The Progress & Freedom Foundation and a former ICANN Board Member. More...

Wednesday, February 18, 2009
Patent Venue Reform Proposals Flawed
PFF's Rosenzweig Proposes Legislative Language to Clarify Venue Standards

Patent venue reforms considered by the last Congress are vague and subjective, which could result in confusion and excessive litigation, explains Sidney Rosenzweig in, "Patent Venue Reform:  Congress Takes Two Steps Back," a Progress on Point released today by The Progress & Freedom Foundation.  Rosenzweig proposes simplified legislative language to address forum-shopping issues in patent litigation.  Congress is likely to revisit patent venue reform soon. More...

Tuesday, February 17, 2009
Critical Changes Needed in ICANN's gTLD Draft Guide
PFF's Palage Suggests Five Policy Recommendations

The Internet Corporation for Assigned Names and Numbers (ICANN) should institute a variety of changes to its soon-to-be-issued  Draft Applicant Guidebook for new generic Top Level Domains (gTLDs), states Michael Palage in "ICANN's 'Go/ No-Go' Decision Concerning New gTLDs," released today by The Progress & Freedom Foundation.  The proposed recommendations would address strong and global opposition to ICANN's initial draft Guidebook. More...

Friday, February 13, 2009
Privacy Mandates Could Be End of "Free" Internet
Szoka and Thierer Warn of FTC Interference in Online Advertising Market

The Federal Trade Commission should avoid laying the groundwork for more onerous regulation of the online advertising marketplace, state Berin Szoka and Adam Thierer in "Targeted Online Advertising: What's the Harm & Where Are We Heading?" released today by The Progress & Freedom Foundation.  The authors, reacting to the FTC's updated Self-Regulatory Principles for Online Behavioral Advertising, urge the Commission to avoid heavy-handed privacy regulation. More...

Friday, February 6, 2009
2009 Aspen Summit to Be Held in Sundance, Utah
15th Annual Summit to Be Held August 9th - 11th at Sundance Resort

The Progress & Freedom Foundation's 2009 Aspen Summit will be held this year August 9th - 11th at the Sundance Resort in Sundance, Utah.  An early registration discount for attendees will be offered until June 26th. More...

Friday, January 30, 2009
Video Competition Negates Need for FCC Intervention:
Even Belated Video Competition Report Shows Greater Consumer Choice

Conclusions in the 2006 annual video competition report released by the Federal Communications Commission undercut the rationale for additional regulation of cable providers, states PFF Senior Fellow Barbara Esbin in "A Tale of Two Reports," released today by The Progress & Freedom Foundation.  Although the data used in the report is 30 months out-of-date, she explains, it illustrates a steady trend of increasing competition among video service providers and increasing sources of diverse information and video programming. More...

Friday, January 16, 2009
Rosenzweig Named PFF Visiting Fellow
Sidney A. Rosenzweig to Concentrate on Patent and Copyright Issues

Sidney A. Rosenzweig has joined The Progress & Freedom Foundation as a Visiting Fellow. Rosenzweig offers the Foundation over a decade of expertise in intellectual property law, with a focus on patent and copyright, as well as electronic surveillance and computer fraud.  Rosenzweig will assist Senior Fellow Thomas Sydnor with the efforts of PFF's Center for the Study of Digital Property (IPcentral). More...

Wednesday, January 14, 2009
Internet Safety Task Force Report Released
Thierer Applauds Work of Task Force, Urges Holistic Approach to Safety

Today, the Internet Safety Technical Task Force publicly released its report of findings and recommendations for improving online child safety, especially on social networking sites. The Task Force, originally proposed as part of an agreement between MySpace and 49 state Attorneys General, presented its final report to the AGs on December 31st. Adam Thierer, Senior Fellow at The Progress & Freedom Foundation and member of the Task Force, is releasing an extended version of his statement from the report. More...

Tuesday, January 13, 2009
Ferree Statement on Nomination of Genachowski to FCC

President-elect Barack Obama is expected to nominate Julius Genachowski to be the next Chairman of the Federal Communications Commission.  The following statement can be attributed to Ken Ferree, President of The Progress & Freedom Foundation. More...

Thursday, December 19, 2008
Palage Statement on ICANN Draft Proposal to Allow More Generic Top-Level Domains

Yesterday, the Department of Commerce issued comments on the draft proposal by the Internet Corporation for Assigned Names and Numbers (ICANN) to allow more generic top-level domains (gTLDs) such as .cars to supplement existing TLDs such as .com. The following statement may be attributed to Michael Palage, Adjunct Fellow at the Center for Internet Freedom at The Progress & Freedom Foundation and a former ICANN Board Member. More...

Friday, December 19, 2008
Choices Abound for Digital Media Distribution
Variety of Business Models Illustrate Industry Response to Consumer Preference

Traditional media industries are developing new business models in response to the digital revolution, explains Andrea Siwek in, "From 'Dinosaurs' to Digital: An Examination of Ongoing Innovations in Copyright Industries," a Progress on Point released today by The Progress & Freedom Foundation. More...

Tuesday, December 9, 2008
Esbin Statement on House Commerce Committee's Report on the Federal Communications Commission

This morning, the U.S. House Committee on Energy and Commerce released a staff report on its investigation of the Federal Communication Commission's management practices and regulatory processes. The following statement may be attributed to Barbara Esbin, Senior Fellow and Director of the Center for Communications and Competition Policy at The Progress & Freedom Foundation. More...

Thursday, December 4, 2008
Thomas Reforms Could Endanger Consumers
Sydnor Finds Advisory Opinion Mischaracterizes Facts in File-sharing Case

Section K of the recent judicial opinion vacating the jury verdict in Capitol Records v. Thomas was an advisory opinion advocating unwise reforms that would "endanger consumer and undermine the vitality of copyrights," explains Senior Fellow Thomas Sydnor in "Thomas on Copyright Reform: An Injudicious Threat to Consumers and Artists." This Progress on Point, released today by The Progress & Freedom Foundation, is Sydnor's second paper on the recent decision in the Thomas case. More...

Wednesday, December 3, 2008
Limits on Cable Operators Should be Struck Down
Subscriber Limits are Unconstitutional, Unneeded in Today's Media Marketplace

Limits on the size of a cable operator's subscriber-audience are unconstitutional, argue Kenneth Ferree and Berin Szoka in an amicus brief filed with the U.S. Court of Appeals for the District of Columbia Circuit. The brief, filed in the case of Comcast v. FCC, argues that the provisions of the 1992 Cable Act authorizing the FCC to impose a "cable cap" are outdated and do not reflect the current state of the video distribution and programming markets. Because cable is no longer the unique "bottleneck" that it was in 1992, these statutory provisions must be subject to strict scrutiny under the First Amendment as a limitation on free speech. Because there are "less restrictive means" of ensuring cable operators do not impede the flow of video programming to consumers, the court should strike down these provisions. More...

Thursday, November 20, 2008
FCC Cable Rate Probe Questioned
Esbin Raises Numerous Process, Statutory Concerns

The Federal Communications Commission appears to be conducting a far-ranging data gathering effort concerning cable prices and analog-to-digital channel movements under the guise of individual complaint enforcement. In "Der Undue Prozess at the FCC: Part Deux," released today by The Progress & Freedom Foundation, PFF Senior Fellow Barbara Esbin explains that the FCC's regular processes and procedures appear to have been perverted to achieve ends not within the agency's delegated authority, making it difficult to conceive how consumers will benefit from this diversion of public and private resources. More...

Monday, November 17, 2008
Thomas Decision Unreasoned, Unreasonable
Sydnor Finds Judge's Analysis of Making-Available Right Deeply Flawed

A recent judicial opinion that vacated the jury verdict in Capitol Records v. Thomas because U.S. copyright law does not provide a "making-available right" is profoundly flawed, explains Senior Fellow Thomas Sydnor in "Thomas on the Making-Available Right: An Unreasoned and Unreasonable Decision." The Progress on Point, released today by The Progress & Freedom Foundation, is the first in a two-part analysis of the recent motion in the Thomas case. More...

Monday, November 4, 2008
Thierer on FCC v. Fox Supreme Court Arguments
Comments On Broadcast Indecency Regulation Case

Wednesday, October 22, 2008
PFF Formally Launches Center for Internet Freedom
Szoka to Head Center Focusing on Internet Policy

The Progress & Freedom Foundation announced today the formal launch of the Center for Internet Freedom, an effort by the Foundation to address the wide range of regulatory and legal issues affecting the free Internet. PFF Fellow Berin Szoka will serve as director of the Center. More...

Thursday, October 2, 2008
A Manifesto for Media Freedom
PFF's Adam Thierer and Manhattan Institute's Brian Anderson Release Book Examining Threats to Media and Speech

A breathtaking abundance of new and old media outlets for obtaining news, information, and entertainment exist today. However, this media cornucopia is under threat from regulations meant to establish fairness, localism, diversity or other lofty ideals which, in practice, would lead to a much less varied and open media universe. These threats to free speech are explored in the new book A Manifesto for Media Freedom, co-authored by Adam Thierer, PFF Senior Fellow and Director of the Center for Digital Media Freedom, and Brian Anderson, editor of the Manhattan Institute's City Journal. More...

Thursday, September 25, 2008
Sydnor Statement on Overturn of Thomas Verdict
Judge's Reasoning is "Fatally Flawed"

Last night, the jury verdict in Capitol Records, Inc v. Jammie Thomas was overturned. The following statement may be attributed to Tom Sydnor, Senior Fellow and Director of the Center for the Study of Digital Property at The Progress & Freedom Foundation: More...

Thursday, September 25, 2008
FCC Reforms Needed at Institutional Level
Esbin: FCC PROCCESS Act Reforms Good Start, Do Not Go Far Enough

The "FCC Procedural Reform for Openness and Clarity Encouraging Sensible Solutions Act" (FCC PROCESS Act) is a commendable effort to improve decision making at the Commission, states PFF Senior Fellow Barbara Esbin in "FCC Reform: Scalpel or Steamroller" released today by The Progress & Freedom Foundation. However, recent challenges to the Commission's decisions, Esbin explains, suggest reform is needed at the "institutional level." More...

Monday, September 22, 2008
Product Placement Regulation Unnecessary
Ferree and Thierer Respond to Possible FCC Advertisement Regulation

The Federal Communications Commission's proposal to impose tighter rules and restrictions on "embedded advertisements" in broadcast programs is paternalistic and unconstitutional, state Ken Ferree and Adam Thierer in comments filed today with the Commission. If such rules are implemented, the Commission will destroy the financial health of the free broadcast medium and make them even less able to compete with unregulated platforms. More...

Tuesday, September 9, 2008
U.S. Has Right Approach to Broadband
Eisenach Says Infrastructure Competition Key to Next Generation Infrastructure

The U.S. is rapidly taking the lead in deployment of next generation broadband networks, thanks to its relatively deregulatory policies. That is the conclusion reached by PFF Board Member Jeffrey A. Eisenach in "Broadband Policy: Does the U.S. Have It Right After All?" released today by The Progress & Freedom Foundation. Eisenach points to high levels of investment, rapid innovation, high penetration rates and falling prices as evidence that the U.S. decision to forebear from mandatory of unbundling of next generation networks is working, and urges other nations to abandon mandatory unbundling of "last-mile" infrastructure. More...

Wednesday, September 3, 2008
China's Rise Offers Historic Economic Lessons
New PFF Research Shows Three Decades of Chinese Growth Based on
Entrepreneurship and Innovation

China's 30-year economic miracle is based mostly on decentralized entrepreneurship and innovation, not state-led growth or unfair trade practices, contends Bret Swanson, a senior fellow at The Progress & Freedom Foundation and director of PFF's Center for Global Innovation. In a new Progress on Point research paper, "Entrepreneurship and Innovation in China: 1978-2008," Swanson shows how local incentives, diffuse decision-making, enterprise, and competition - not central planning or currency manipulation - fueled China's boom. More...

Friday, August 22, 2008
Legal and Procedural Flaws May Doom FCC's Comcast Ruling
Esbin Raises Numerous Due Process, Administrative Procedure Act Concerns

There appear to be serious flaws in the legal and procedural actions taken by the Federal Communications Commission when it found Comcast guilty of violating the principles announced in its 2005 Internet Policy Statement, states PFF Senior Fellow Barbara Esbin in "The Law is Whatever the Nobles Do: Undue Process at the FCC" released today by The Progress & Freedom Foundation. More...

Monday, August 11, 2008
Aspen Working Dinners Address Key Policy Issues
Topics Include Online Child Safety and Privacy, the U.S. and China, Patent Reform and Spectrum Policy

The Progress & Freedom Foundation has finalized the agenda for the 2008 Aspen Summit, scheduled for August 17th - August 19th. In addition to two full days of keynote speakers and discussion panels, the Summit will offer four informal, off-the-record working dinners on the pertinent topics of spectrum policy, patent reform, child safety and privacy, and the U.S. and China. A list of working dinner presenters is now available on the PFF website. More...

Friday, August 8, 2008
Music and Technology Expert Jim Griffin to Speak at Aspen
Digital Distribution Pioneer to Keynote PFF 2008 Aspen Summit

Jim Griffin, Managing Director of OneHouse LLC and Advisor to Warner Music Group, is a renowned expert on issues resulting from the intersection of music and technology and will speak on August 18 th as PFF’s opening keynote at its annual Aspen Summit. More...

Friday, August 8, 2008
Supreme Court Should Uphold Reversal of FCC Indecency Regulation
PFF and CDT File Amicus Brief in FCC v. Fox Television Case

The Supreme Court should affirm the Second Circuit Court decision that the Federal Communications Commission (FCC) violated the Administrative Procedure's Act (APA) when it began sanctioning "fleeting expletives," state PFF Senior Fellow Adam Thierer and scholars from the Center for Democracy & Technology (CDT) in a joint amicus brief filed today with the U.S. Supreme Court. The brief, filed in the upcoming case of the FCC v. Fox Television Stations, identifies several reasons why the decision should be affirmed and questions the Commission's constitutional authority to regulate speech in broadcast media. More...

Wednesday, August 6, 2008
Online Copyright Enforcement Discussed at Aspen
Panel Will Discuss Improving Enforcement Mechanism

The widespread proliferation of online content distribution, both authorized and unauthorized, has created new problems questions regarding enforcement of copyrights. Is the current system of individual enforcement directed at the end-user working? What are the appropriate roles of the copyright holder, the Internet service provider, and the end-user? Are some solutions being proposed in other nations viable options? Participants in the panel "Copyright Enforcement Online: Can We Do Better?" will discuss these and related issues at the 2008 Aspen Summit hosted by The Progress & Freedom Foundation. More...

Tuesday, August 5, 2008
Global Economy Explored at Aspen
Panel to Discuss Globalization and American Competitiveness

This year's Aspen Summit agenda reflects The Progress & Freedom Foundation's expanded focus on the global technology economy. The discussion panel, "The Innovation Imperative - Engage or Retreat?" will examine strategic questions confronting the U.S. economy. The panel, which will follow Dallas Federal Reserve Bank President and CEO Richard Fisher's plenary address on globalization, technology, and monetary policy, will discuss such issues as trade, innovation, American competitiveness, the specter of protectionism, and other obstacles to global growth. More...

Monday, August 4, 2008
FCC Should Expedite Sprint Nextel / Clearwire Deal
Ferree and Esbin Submit Comments to Federal Communications Commission

In its review of the applications from Sprint Nextel and Clearwire requesting transfer of licenses and authorizations, the Federal Communications Commission should render a quick approval, state Ken Ferree and Barbara Esbin in comments filed today with the Commission. More...

Friday, August 1, 2008
PFF's Esbin on FCC Finding That Comcast Violated Network Neutrality Principles
Legally and Procedurally Suspect and Misguided as a Matter of Policy

The Federal Communications Commission (FCC) has voted to find that Comcast violated federal policy by interfering with certain Internet traffic. Barbara Esbin, Senior Fellow and Director of the Center for Communications and Competition Policy at The Progress & Freedom Foundation, had the following comments: More...

Wednesday, July 30, 2008
Intl. Dignitaries Discuss Telecom at Aspen Summit
NTIA's Meredith Baker to Present Special Remarks at Opening Reception

This year's Aspen Summit, organized by The Progress & Freedom Foundation, will feature a special luncheon discussion with a group of leading international dignitaries. "Innovation in Telecommunications: Future International Challenges," is scheduled for Tuesday August 19th, the last full day of the Summit. The guests will discuss some of the major issues affecting telecommunications markets and regulatory regimes across the globe. Topics will include the impact of wireless technology on countries as well as the continuing significance of standards to telecommunications markets. More...

Friday, July 25, 2008
Perspectives on Broadband at Aspen Summit
Panel to Discuss Next Generation Network Policy

The Progress & Freedom Foundation's 2008 Aspen Summit will highlight a variety of issues facing the communications industry. In addition to two keynote speeches from leaders in the communications sector, this year's event also includes the discussion panel, "Next Generation Network Policy - Here and Abroad." The international group of experts will discuss key infrastructure issues facing regulators and industry in the United States, Britain and Japan, and share their experiences concerning network investment, deployment and management. More...

Thursday, July 24, 2008
Online Advertising Marketplace Discussed at Aspen
Market Power and Privacy Issues Focus of Aspen Summit Panel

Internet advertising revenues have funded an explosion of new content and services available to consumers online at no charge. Even as industry develops more sophisticated tools for targeting more relevant--and therefore profitable--advertising to Internet users, a debate has emerged over the need for government intervention in online advertising due to privacy and market power concerns. Do these privacy necessitate government intervention or can industry self-regulate? How competitive is the online advertising marketplace? Is antitrust action required to protect competition or will innovation and other market forces suffice? These issues will be explored during the luncheon discussion panel "Online Advertising & Privacy: Is Self-Regulation Enough?" at PFF's 2008 Aspen Summit. More...

Monday, July 21, 2008
PFF's Ferree on Appeals Court Dismissal of FCC Indecency Fine

This morning, a federal appeals court threw out the indecency fine levied on CBS Corp. by the Federal Communications Commission (FCC). Ken Ferree, President of The Progress & Freedom Foundation, had the following comments: More...

Friday, July 18, 2008
Intermediary Liability Debated at Aspen Summit
Legal Experts from Industry and Academia Discuss Role of ISPs

The 2008 Aspen Summit will continue the conference's record of offering fascinating discussion panels on issues particularly pertinent to the technology sector. Participants in the panel "Should We Deputize the Middleman? New Debates about Intermediary Liability" will discuss the roll of Internet intermediaries in a diverse range of issues including defamation, child safety, and national security. More...

Thursday, July 17, 2008
Mobile TV Market Healthy, Growing
Adjunct Fellow Kraemer Cites Successful U.S. Wireless Policies

U.S. wireless policies have been successful in promoting innovation in the wireless market, specifically in regards to mobile television, asserts PFF Adjunct Fellow Joseph Kraemer in "A Primer on the U.S. Mobile Television Market" released today by The Progress & Freedom Foundation. In the primer, Kraemer presents the facts and figures concerning the mobile television market, which is expected to grow dramatically in the next five years due to both U.S. policy and a variety of other factors. More...

Tuesday, July 15, 2008
PFF Releases "Media Metrics" Special Report
Report Provides Comprehensive Overview of State of the Media Marketplace

Debates about the state of the media marketplace continue to rage in Washington. Many policymakers, regulators, and consumer groups bemoan the supposed lack of "localism," ownership concentration and an absence of quality programming as a rationale to further regulate in the media sector. But these sentiments do not represent an accurate portrayal of today's media marketplace according to a new Progress & Freedom Foundation Special Report by Senior Fellow Adam Thierer and Research Associate Grant Eskelsen. More...

Wednesday, July 9, 2008
Wilderotter to Give Aspen Chairman's Address
Citizens Communications CEO to Speak at PFF Aspen Summit

The Progress & Freedom Foundation will continue its long tradition of notable Chairman's Dinner speakers at the 2008 Aspen Summit. Maggie Wilderotter, Chairman and CEO of Citizens Communications Company (NYSE: CZN), is scheduled to address attendees on August 19th, the final day of the event. Citizens Communications, branded as Frontier Communications, is one of the country's leading rural local exchange carriers, providing telephone, Internet, DISH satellite TV, wireless Internet access and more in markets in 24 states. More...

Monday, July 7, 2008
Verizon CTO Richard Lynch to Speak at Aspen
Communications Industry Expert to Give Keynote Address

Richard J. Lynch, Executive Vice President and Chief Technology Officer for Verizon Communications, has been confirmed to speak at The Progress & Freedom Foundation's 2008 Aspen Summit. Lynch, a veteran of the wireless communications industry, will join other respected experts at the conference to explore a wide range of issues affecting the information and communications industries. More...

Tuesday, July 1, 2008
Early Aspen Summit Registration Discount Extended Through July 7th

The Foundation has extended the early registration discount an extra week, through July 7th. This is to accommodate the July 4th holiday and allow participants to take advantage of the lower rate. In addition to the discounted registration fee for early registration, PFF also provides lower rates to attendees from charities or government sectors. Registration information can be found on the PFF website. More...

Wednesday, June 25, 2008
Esbin: FCC Should Establish ETF Policy
Interstate Nature of Wireless Service Justifies Federal Authority

The Federal Communications Commission is justified in claiming jurisdiction over early termination fees for wireless phone service, states PFF Senior Fellow Barbara Esbin in "Wireless Consumer Protection: Who Decides?" released today by The Progress & Freedom Foundation. The question of whether ETFs can be classified under the Federal Communications Act as "rates charged" or "terms and conditions" may not be solely determinative of FCC jurisdiction, as federal regulation also extends to carrier "practices" and "regulations" in connection with interstate communications services. The assertion of federal jurisdiction over such fees would avoid a "patchwork" of potentially inconsistent and unnecessary regulation that could deter investment and innovation in wireless communications services and would have little benefit for consumers. More...

Monday, June 23, 2008
Sydnor: No New Trial in Filesharing Case
PFF Senior Fellow Argues Law Provides Making-Available Right in Amicus Brief

The motion for a new trial in the case of Capitol Records, Inc v. Jammie Thomas should be dismissed, states Progress & Freedom Foundation Senior Fellow Thomas Sydnor in an amicus curiae brief filed with the U.S. District Court for the District of Minnesota. Jurists in the case of Capitol Records, Inc v. Jammie Thomas were advised correctly, Syndor claims, when instructed that U.S. law does grant copyright owners the exclusive right to "make-available" work for distribution. More...

Friday, June 20, 2008
New Discussion Panel at 2008 Aspen Summit
Luncheon Panel on Online Advertising and Privacy Added to Agenda

The 2008 Aspen Summit agenda is set to offer a multitude of thought provoking panels covering a variety of issues pertinent to the communications and information industries. Just added to the agenda is the luncheon discussion panel, "Online Advertising, Behavioral Marketing & Privacy." The panel, featuring industry representatives and privacy experts, will explore current controversies relating to targeted online marketing techniques and privacy concerns. The discussion will be moderated by PFF Visiting Fellow Berin Szoka. More...

Tuesday, June 17, 2008
Aspen Summit Preview Agenda Now Available:
Pew Internet Project's John Horrigan to Kick Off 2008 Aspen Summit

The Progress & Freedom Foundation is releasing a preview agenda for the 2008 Aspen Summit. Just added to the program is John Horrigan, Associate Director of Research at the Pew Internet & American Life Project, who will give the keynote address at the August 17th opening reception. Horrigan's presentation on how technology users' behavior has evolved will set the tone for the popular conference held at the St. Regis in Aspen, Colorado. In focusing on users, Horrigan will discuss not only the highly wired netizens who shape so much popular discourse on information technology, but also a range of user types -- moderate users who happy with the role of technology in their lives, others suffering from the hassles of too much connectivity, and some content to stay mainly on the digital sidelines. This discussion will help identify the tensions and frictions deploying next generation networks and applications to the variety of users of information technology in the United States. More...

Thursday, June 12, 2008
Immigration Reform: Work to be Done
PFF / National Chamber Foundation Event to Explore Immigration Issues

On June 19th, The Progress & Freedom Foundation (PFF) and the National Chamber Foundation (NCF) will co-host an event featuring Jason Riley, author of the recently published book on immigration reform, "Let Them In: The Case for Open Borders." This event will explore the highly divisive issue of immigration and its effect on America's competitiveness in the global economy. More...

Tuesday, June 10, 2008
PFF Releases Transcript of Ganley CEO Luncheon
Rivada Network CEO Discusses Public Safety Communications

Public safety communications solutions should include building upon existing infrastructure and using commercial, off-the-shelf technologies, stated Declan Ganley, CEO of Rivada Networks, in remarks presented at a CEO Luncheon organized by The Progress & Freedom Foundation. In his speech, Ganley urged policymakers to consider building off the "inherent redundancy" in commercial wireless systems as opposed to facilitating a stand-alone system for public safety. With the fate of the 700 MHz "D block" still unsettled, PFF is releasing a transcript of Ganley's remarks and subsequent panel discussion to compliment the webcast available on the PFF website. More...

Friday, June 6, 2008
Cox Communications' Esser at Aspen Summit
Cox President to Offer Keynote Address at August Event

Patrick J. Esser, President of Cox Communications Inc., will be a featured speaker at The Progress & Freedom Foundation's 2008 Aspen Summit. Esser, named the industry's 2007 "Executive of the Year" by Multichannel News, will present his keynote address on the second full day of the event. The premier gathering is scheduled this year for August 17th through the 19th at the St. Regis in Aspen, Colorado. More...

Thursday, June 5, 2008
Exclusive Handset-Carrier Deals Not Anticompetitive
IP Academic Advisory Council Member Views DRM as Self-Help Remedy

Exclusive arrangements between wireless handset producers and carriers promote innovation in the marketplace and are not anticompetitive, state PFF Senior Fellow Barbara Esbin and Visiting Fellow Berin Szoka in "Exclusive Handset Prohibitions: Should the FCC Kill the Goose that Laid the Golden iPhone?," released by The Progress & Freedom Foundation. The lack of immediate availability of certain handsets by consumers in rural areas does not warrant calls for FCC intervention in carrier and handset agreements, the authors state, because the U.S. wireless and handset markets are highly competitive. More...

Tuesday, June 3, 2008
Immigration Reform: Work to be Done
PFF and the National Chamber Foundation Co-host June 19th Book Event with Jason Riley

On June 19th, The Progress & Freedom Foundation and the National Chamber Foundation (NCF) will co-host a book event featuring Jason Riley, author of a newly published book on immigration reform. "Immigration Reform: Work to be Done" will explore the highly divisive issue of immigration and its relation to America's competitiveness in the global economy. More...

Richard W. Fisher, President and Chief Executive Officer of the Federal Reserve Bank of Dallas, has been confirmed to speak on the final day of The Progress & Freedom Foundation's 2008 Aspen Summit. The Summit is scheduled for August 17th through the 19th at the St. Regis in Aspen, Colorado. In his address, Fisher will discuss current economic trends and their implications for the technology industry and monetary policy. This addition to the Aspen agenda reflects PFF's expanded focus on the international nature of technology economy. More...

Tuesday, May 20, 2008
U.S. Law Provides a Making-Available Right
Rationale for Barker Decision Wrongly Limits Meaning of Copyright Act

A weak rationale underlies the correct result reached in Electra Entertainment Groups, Inc. v Barker, explains Tom Sydnor in, "The Making-Available Right and the Barker Decision: Improving the Rationale for a Sound Result." In the Progress on Point released today by The Progress & Freedom Foundation, Sydnor explains that Barker's rationale for denying a motion to dismiss the complaint wrongly constricts the broad meaning of "to authorize" and "distribute" in the Copyright Act. It also ignores international agreements and could undermine criminal cases involving distribution of malicious software and child pornography. More...

Friday, May 16, 2008
PFF Expands Development and Outreach Team
Allison Bringardner New Director of Development and Marketing

In conjunction with growing its staff of scholars and expanding the scope of its programs to include international trade and e-commerce issues, the Progress & Freedom Foundation is expanding its development and outreach capabilities. The Foundation has hired Allison Bringardner, formerly an account executive at FD Dittus Communications, as Director of Development and Marketing. More...

Wednesday, May 14, 2008
2008 Aspen Summit Discussion Panels Preview
Aspen Summit Panels to Examine Innovations, Challenges in Tech Sectors

The 2008 Aspen Summit, the premier annual event sponsored by The Progress & Freedom Foundation promises to continue its record of offering thought-provoking panels featuring prominent industry leaders, academia and policymakers. The Summit's focus on innovation enhancing policies will be reflected in the discussion panel topics, which will cover such issues as digital copyright enforcement, the global economy, communications infrastructure innovation, Internet service provider liability, and other international regulatory issues. Topics for the popular Working Dinners include patent reform, spectrum policy, online child safety and the emerging economic power of China. More...

Tuesday, May 13, 2008
Szoka to Join PFF
Visiting Fellow will Study E-Commerce and Privacy Issues

The Progress & Freedom Foundation (PFF) announced today that Berin Szoka has joined the Foundation as a Visiting Fellow. Szoka, most recently an Associate in the Communications Practice Group at Latham and Watkins LLP, will study a number of Internet policy issues at PFF, including privacy, intermediary immunity and online taxation. More...

Thursday, May 8, 2008
Mandatory Arbitration for Sports Programming Unnecessary
State Intrusion in Programming Disputes would Result in "Must-Carry" Obligation

Efforts to push state legislation mandating arbitration in carriage disputes between cable companies and content providers are unnecessary and would result in "must-carry" obligations, explains Senior Fellow Barbara Esbin in "State Mandates for Program Carriage Dispute Resolution: Welcome to the Wide World of Regulation," released by The Progress & Freedom Foundation. More...

Monday, April 28, 2008
"Free Culture" Akin to "Quasi-Socialist Utopianism"
PFF's Sydnor Shows That Lessig Would Replace Copyrights with a "Quasi-Socialist" System of Tax-Funded Art and Spyware-Powered Thought Police

Professor Lawrence Lessig and his book Free Culture, the manifesto of the "Free Culture Movement," support ham-handed government control of expression and pervasive government surveillance of what ordinary citizens read and watch, concludes Tom Sydnor in, "Tragedy and Farce: An Analysis of the Book Free Culture," a Progress on Point released today by The Progress & Freedom Foundation. In this paper, Sydnor makes two points. More...

Monday, April 21, 2008
What's Next for Public Safety Spectrum?
Luncheon Featuring Rivada Network's Ganley Scheduled for April 29th

Participants at a Congressional hearing on the recent spectrum auction proposed a variety of options for the "D block" allocated for public safety, which failed to attract a winning bid. These suggestions ranged from continuing the goal of a public-private partnership to re-auctioning the spectrum for commercial use with the proceeds being used to build a public safety communications network. At The Progress & Freedom Foundation's next CEO Luncheon on April 29th, Rivada Networks CEO Declan Ganley will discuss the "D Block" auction and future of public safety communications. More...

Tuesday, April 15, 2008
Rivada CEO to Consider Future of "D Block"
Event Participants to Ponder Public Safety and Recent Spectrum Auction

The failure of the "D Block" auction has prompted both the Federal Communications Commission and Congress to examine the terms and conditions for use of the spectrum. Will policy goals concerning public safety communications be re-evaluated? Will conditions on the spectrum be altered to ensure the spectrum is attractive to bidders in a possible re-auction? Tuesday, April 29th, Declan Ganley, CEO of Rivada Networks, will discuss these and related issues at a CEO Luncheon event hosted by The Progress & Freedom Foundation. More...

Friday, April 11, 2008
Mandatory Controls Could Leave Kids Worse Off
Thierer Endorses Educational Campaigns, Not Restrictive Defaults for Devices

Government regulation mandating restrictive parental control defaults for media devices would likely have unintended consequences and would not achieve the goal of better protecting children from objectionable content, explains Adam Thierer in "The Perils of Mandatory Parental Controls and Restrictive Defaults." In the Progress on Point released today by The Progress & Freedom Foundation, the author warns of unintended incentives for industry to stop investing in parental controls and of creating a false sense of security for consumers. Instead, Thierer explains that increased educational efforts would be more effective in helping parents control their child's media consumption. More...

Thursday, April 3, 2008
Kathleen Abernathy Joins PFF Board
Former FCC Commissioner, Akin Gump Partner Accepts Board Position

The Progress & Freedom Foundation this week elected Kathleen Abernathy to its Board of Directors. Abernathy served as Commissioner at the Federal Communications Commission from 2001 to 2005. Abernathy is credited with promoting regulatory symmetry for communications services during her time at the Commission to encourage competition within the sector. More...