Tech Policy

Tech Policy

Research

Eli Dourado, Christopher Koopman | Dec 10, 2015
We report on new data received from the Internal Revenue Service that sheds light on the changes in independent contracting. Our data support the claim that there has been an increase in nontraditional employment, but the data refute the idea that this increase is caused by the sharing-economy firms that have arisen since 2008. Instead, we view the rise of sharing-economy firms as a response to a stagnant traditional labor sector and a product of the growing independent workforce.
Alexander Salter | Sep 23, 2015
A new paper for the Mercatus Center at George Mason University conducts an economically rigorous analysis of the problems posed by space debris and concludes that the problem is significantly more legally, institutionally, and economically complicated than some may believe.
Brent Skorup | Aug 19, 2015
A new paper for the Mercatus Center at George Mason University shows that auctioning overlay licenses is an effective means of repurposing underused federal spectrum for consumer uses. Overlay licenses have been used to reassign nonfederal spectrum but never federal spectrum. The paper presents new evidence from a 2006 spectrum auction (AWS-1) that suggests billions of dollars of underused federal spectrum could be deployed more quickly than other policy alternatives. Crucially, overlay licenses allow agencies to receive payment for spectrum sales, and this reordering of spectrum rights would benefit taxpayers and wireless broadband users.
Anthony D. Glosson | Aug 10, 2015
This paper seeks to synthesize the available legal resources on active defense. It confronts the intertwined definitional, legal, and policy questions implicated in the active defense debate. The paper then proposes a legal framework to authorize active defenses subject to liability for third-party damages, an approach grounded in the technical and economic realities of the network security market.
Robert Krol | Jun 24, 2015
In a new study for the Mercatus Center at George Mason University, economist Robert Krol demonstrates that governments are more likely to set up barriers to new technology when the performance advantage of the new technology is small or incremental and lobbying costs are low. Incumbent businesses threatened by a new technology may use the government to block businesses using the new technology from entering the market. Ultimately, government protection of incumbent businesses reduces consumer well-being.
Eli Dourado, Andrea Castillo | Jun 22, 2015
This paper will review the laws and standards governing federal cybersecurity policy and will highlight how overlapping responsibilities and unclear lines of authority have accompanied increasing rates of federal information security failures. The paper will then describe how these systemic cybersecurity weaknesses demonstrate the federal government to be an especially poor candidate for managing national systems, and it will explain the shortcomings of a top-down, technocratic approach.

Testimony & Comments

Eli Dourado, Samuel Hammond | Jan 15, 2016
The Federal Aviation Administration (FAA) has issued an interim final rule creating a new electronic registration system for unmanned aircraft systems (UAS) and requiring, for the first time, the registration of model aircraft operators. This comment highlights an omission in the agency’s alternative scenario analysis, questions some of the purported benefits of the rule, and points out some of the continuing legal shortcomings associated with the FAA’s approach. While we support the advent of a simple and streamlined registration system, we object to the extension of the registration requirement to model aircraft operators.
Brent Skorup | Dec 21, 2015
Contrary to Title II proponents’ claims, wireless carriers do not infringe free speech rights when they filter text messaging content they believe their customers do not wish to receive. Title II regulation of text messaging and short code service would not protect free speech. In fact, because mobile carriers exercise editorial discretion over mass messages they transmit, regulation would impermissibly chill wireless carriers’ exercise of speech. Further, since wireless carriers transmit short codes and other messaging based on individual arrangements and exercise control over the content of certain messages, messaging does not resemble telecommunications. For these reasons, regulating short code and similar messaging services under Title II of the Communications Act would likely be unconstitutional and contrary to law.
Eli Dourado, Samuel Hammond | Nov 06, 2015
The Department of Transportation (DOT) is proposing to implement a national registration system for small Unmanned Aircraft Systems (UASs), the details of which are to be recom- mended by a task force no later than November 20. The stated aim of the registry is to assist in identifying owners and operators of UASs that violate the law and endanger safety, thereby closing a perceived gap in enforcement. This comment highlights several major procedural concerns, followed by an examination of whether the safety benefits of a registry are likely to outweigh the societal and budgetary costs.
Christopher Koopman, Matthew Mitchell, Adam Thierer | May 26, 2015
The commission should shift enforcement efforts away from stopping private restraint of trade and toward stopping public restraint of trade. In light of George Stigler’s observation that “the state has one basic resource which in pure principle is not shared with even the mightiest of its citizens: the power to coerce,” the commission would be wise to adopt Commissioner Wright’s approach and shift resources toward fighting public restraint of trade.
Eli Dourado, Ryan Hagemann, Adam Thierer | Apr 24, 2015
The FAA must carefully consider the potential effect of UASs on the US economy. If it does not, innovation and technological advancement in the commercial UAS space will find a home elsewhere in the world. Many of the most innovative UAS advances are already happening abroad, not in the United States. If the United States is to be a leader in the development of UAS technologies, the FAA must open the American skies to innovation.
Adam Thierer | Feb 11, 2015
We should remain patient and continue to embrace permissionless innovation to ensure that the Internet of Things thrives and American consumers and companies continue to be global leaders in the digital economy.

Research Summaries & Toolkits

Eli Dourado, Andrea Castillo, Michael Wilt | Nov 09, 2015
Cybersecurity policy should refrain from imposing sweeping, expensive, top-down solutions that could increase rigidities of existing systems. The federal government can better protect American information systems by shoring up its own network vulnerabilities, supporting strong encryption techniques, and reforming laws to encourage security research and report- ing, so that the entities best positioned to do so can strengthen their own cybersecurity.
Adam Thierer, Andrea Castillo | Jun 15, 2015
The next big wave of data-driven technological innovation will connect physical devices embedded with tiny computing devices to the Internet in an effort to seamlessly improve the measurements, communications, flexibility, and customization of our daily needs and activities. This “Internet of Things” (IoT) is already growing at a breakneck pace and is expected to continue to accelerate rapidly.
| Sep 24, 2013
The Mercatus State Policy Guide is intended to summarize and condense the best research available on the most relevant topics. It’s a starting point for discussion, not a comprehensive overview of economic policy. Each statement is supported by academic research, with links provided in the endnotes. Mercatus scholars are available to further explain the results of their studies. We hope the guide will prove to be a valuable tool in your economic policy research.
| Jul 23, 2013
The Mercatus Policy Guide is intended to summarize and condense the best research available on the most pressing topics. It serves as a starting point for discussion, not a comprehensive overview of economic policy. Anyone who wants to go deeper into these studies should consult the references listed at the back. Mercatus scholars are available to further explain the results of their studies. We hope the guide will prove to be a valuable tool in your evaluation of economic policy.
Adam Thierer | Jun 19, 2012
Even as viewing options multiply from new sources, America’s traditional video marketplace—broadcast television, cable TV, and satellite TV—remains encumbered with many layers of federal regulation. This prevents a truly free market in video programming from developing and simultaneously threatens to extend old regulations to new online platforms and services.
Jerry Brito | Dec 08, 2010
Government should focus on finishing the first step toward the promise of e-rulemaking—greater online transparency—so that it can then experiment with technologies to harness the wisdom of the crowd.

Speeches & Presentations

Expert Commentary

Feb 12, 2016

At both the state and federal levels, sharing economy apps and platforms do not fit easily within existing labor laws. As it grows, the sharing economy repeatedly challenges the status quo of government regulation.
By Christopher Coyne, Rachel L. Coyne |
Jan 21, 2016

The call for new regulations on Uber offers the opportunity to consider two very different views of regulation.
Jan 19, 2016

Contrary to the pro-CISA crowd's claims, "insufficient sharing" of our personal data by corporations and government agencies had nothing to do with the failure at OPM—and a new joint report from the FBI and the Department of Homeland Security makes this clear.
Jan 12, 2016

With his last State of the Union address tonight, President Barack Obama has much to look back on over his past 8 years in office. Our experts have taken this time to reflect on some of the highlights he might bring up in his speech tonight.
Dec 15, 2015

The most recent U.S. employment report shows that 211,000 jobs were created in November, extending the current streak of job creation to its 69th month. Among politicians—both those in office and those who wish to be—the number of jobs created has become the most important statistic of the current economic recovery. For example, presidential candidate Donald Trump recently held a forum on job creation and Florida Governor Rick Scott is emphasizing his job-creating prowess at stops across his state. But focusing on jobs distracts us from the most accurate, misunderstood, and sometimes-vilified measure of economic success: profit.
Dec 10, 2015

The gig/sharing/on-demand economy is a hot topic among the media, consumers, workers, and policymakers. The benefits of the sharing economy to consumers are well-established, but the relationship between platform firms, such as Uber, and their workers is more controversial.

Charts

Is East Texas the next Silicon Valley? If patent activity were a measure of innovation, you might think so. Marshall, TX, a city with a population of 23,523 located near the Louisiana border, is known to every patent attorney in the country for its prodigious volume of patent litigation. This chart shows the number of patent cases filed in federal district court in the Eastern District of Texas versus the average of the 93 other federal judicial districts in the first half of 2015, using data compiled by Lex Machina.

Experts

Jonathan Camp is a research assistant for the Mercatus Center at George Mason University.
Eli Dourado is a research fellow at the Mercatus Center at George Mason University and director of its Technology Policy Program. He specializes in Internet governance, intellectual property, cryptocurrency, Internet security, and the economics of technology.
Michael Farren is a research fellow at the Mercatus Center at George Mason University. Michael was a Mercatus Center Frédéric Bastiat Fellow.
Christopher Koopman is a research fellow with the Project for the Study of American Capitalism at the Mercatus Center at George Mason University.
Matthew Mitchell is a senior research fellow at the Mercatus Center at George Mason University, where he is the director of the Project for the Study of American Capitalism. He is also an adjunct professor of economics at Mason. In his writing and research, he specializes in economic freedom and economic growth, public-choice economics, and the economics of government favoritism toward particular businesses.

Podcasts

Eli Dourado | February 01, 2016
Eli Dourado discusses the rise off the 1099 workforce and its relation to the gig economy on KPCC radio (CA)

Upcoming Events

Recent Events

“Permissionless” innovation has the power to continue to fuel the next great industrial revolution. Please join us for a lunch discussion centered on this important topic.

Books

Tom W. Bell | Apr 29, 2014
Intellectual Privilege reveals copyright as a statutory privilege that threatens our natural and constitutional rights. From this fresh perspective comes fresh solutions to copyright’s problems.

Media Clippings

Adam Thierer | May 05, 2015
This excerpt originally appeared in the Boston Review.
Adam Thierer, Christopher Koopman | Jan 25, 2015
This excerpt originally appeared in Wall Street Journal.
Eli Dourado | Sep 06, 2014
This excerpt originally appeared in The Hill.
Adam Thierer | Jul 03, 2014
This excerpt originally appeared in Real Clear Policy.
Jerry Brito | Jun 02, 2014
This excerpt originally appeared in Yahoo News.
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