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1 year ago
Just a quick cite-check on your "technologies of freedom" quote. It's true that Thierer is enamored with the phrase, and I too find it compelling. However, both of us derive it from Ithiel de Sola Pool's 1983 book of the same name.
Thierer likes to use the phrase to justify categorical prohibition of any government intervention that touches the internet, and makes the case for freedom-guaranteeing abundance.
I too see technologies as potential sources of freedom, but I am mindful of freedom-suppressing forces that emanate from non-governmental sources. There are good reasons to believe that we have not and may not reach transport-layer last-mile abundance sufficient to allow the internet to realize its true potential as a technology of freedom.
Pool was acutely aware of these factors, and explicitly addresses this in his book. He speaks out strongly against content or speech-based regulation, while preserving time-tested exceptions for carriers of speech. Under circumstances of market power (or relative scarcity), he encourages both common carriage and interconnection interventions by the government. This is, in fact, how he concludes the book.
Thierer has also quoted Pool from another book in which he says "there are no limits on the growth of ideas." While it is true that ideas are nonrival, the technologies that enable this freedom are subject to constraint -- whether it be from government, markets, norms, or infrastructure (with all due credit to Lessig).