PFF just released its Tech Agenda 2007 -- "[ten] recommendations designed to assist policy makers in Congress, the agencies and the states in addressing . . . prominent policy challenges":
1. Renew fundamental reforms of communications regulations.
2. Leave network neutrality concerns to the market and antitrust.
3. Leave content business models and fair use to the market.
4. When addressing patents, take a first-principles approach to property and innovation.
5. Enact meaningful reform of archaic media ownerships laws and regulations that hinder media marketplace experimentation.
6. Pursue greater First Amendment parity among modern media providers by leveling the playing field in the direction of greater freedom for all operators / platforms.
7. Subject data security and privacy proposals to careful benefit-cost analysis, including full examination of consumer benefits from services and technologies affected by these proposals.
8. Promote pro-competitive, non-regulatory internet governance.
9. Avoid open-ended, intrusive data retention mandates.
10. Promote more efficient taxation of telecom services and Internet sales.
Each is accompanied by a one-para elaboration. The IP section:
3. Leave content business models and fair use to the market.
Congress should resist the urge to pass laws that interfere with markets for copyrighted goods. To create new content distribution business models, producers often use digital rights management technology to package or mark digital goods to exclude free riders, just as locks on doors are the “front line” in keeping out burglars. Over time, competition and consumer demand will shape what form any restrictions take. Creators have a strong incentive to circulate their work to a broad audience. Fair use has long been a “safety valve” in copyright, allowing the audience for a copyrighted work to copy, usually in part, when negotiating with the copyright owner would be impracticable. As technology reduces transaction costs, the scope of this area in which seeking permission is impractical shrinks, and the scope of fair use should shrink with it. Legislators should avoid regulations of this market based on technologies of the moment, or of the past.
4. When addressing patents, take a first-principles approach to property and innovation.
When examining reform of the U.S. patent system, Congress should remember that the system already works well for a significant number of companies. Therefore, the first rule of patent reform should be to do no harm, and focus on first principles of patents, namely the incentive to innovate and the protection of those innovations for a limited time. Modest litigation reform and better tools for patent examiners can significantly reduce patent conflicts without undermining the system. Congress should first do no harm.
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