Sender: Richard K. Moore At the request of the Information Society Quarterly, I've written a 10-page article analyzing PFF's "Magna Carta". This article is much improved over the Magna Carta critique I published early this year, and which was one of the primary threads leading to the establishment of the cyber-rights campaign. >>From what little we've seen so far about PFF's recent Aspen conference, it appears their agenda has not changed, although their outreach efforts seem to be proceeding quite effectively. I'd like to include here a summary of the Info Society article, as part of our "Aspen thread". --- Title: Cyberspace Inc and the Robber Baron Age, an analysis of PFF's "Magna Carta" [According to an article in The Nation, PFF is funded by:] "AT&T, BellSouth, Turner Broadcasting System, Cox Cable Communications. Other donors to the P.F.F.'s $1.9 million bank account include conservative foundations, Wired magazine, high-tech firms, military contractors, and drug companies..." [PFF funds are then covertly re-directed to projects of Speaker Gingrich:] The PFF links to Gingrich and his own political action committee, called GOPAC, have drawn the interest of the Ethics Committee and the IRS, which is "reevaluating" PFF's nonprofit status, according to an IRS source. The PFF link to Gingrich's rising political currency has proved lucrative. From March 1993 to March 1994 the group raised $611,000. During the remainder of 1994, when it became clear that the Republicans stood a good chance to capture both the House and the Senate for the first time in 40 years, an additional $1.07 million poured into PFF coffers, according to its financial records. ... The latest PFF tax returns do not make any link to GOPAC or Gingrich. Any such linking would violate IRS tax exemption rules. However, Eisenach is on record acknowledging that he did the basic groundwork of setting up PFF while running GOPAC. The money trail apparently goes from media/telecommunications conglomerates, to PFF, and finally to Mr. Gingrich's projects, which seem to be heavily focused on propaganda ventures. Small wonder that PFF's manifesto, and Mr. Gingrich's legislative agenda, promote excessive deregulation of the telecommunications industry, and pave the way for monopolistic control. Evidently the Lords of Cyberspace Inc are to include the likes of AT&T, BellSouth, Turner Broadcasting System, and Cox Cable Communications. Mr. Gingrich's famous pledges to "empower the individual" and "provide laptops for ghetto dwellers" should be seen for what they are: a shallow populist veneer covering a corporate-pandering agenda. [The Magna Carta rhetoric, identical to Radical Republican rhetroic in general, intentionally confuses "individual" with "coporate" identity. The Magna Carta waxes eloquent (the "American Dream" thread) about the pioneering individual of the American Frontier, and espouses that Cyberspace should champion individual intitiative over governemnt control.] But the manifesto makes no mention whatever of protections for _individual_ freedoms. There's no discussion, for example, of guaranteeing freedom of expression or of protecting privacy. In addition, there's no discussion of preserving the viability of Internet mailing lists and bulletin boards -- which have proven to be cyberspace's equivalent of "freedom of association" and "freedom of the press". What the manifesto does discuss -- at great length -- is the protection of freedoms for _telecommunications & media conglomerates_: freedom to form monopolies, freedom to set arbitrary price rates and structures, freedom to control content, and freedom from fair taxation, through special accounting procedures. This is a formula which harks back to the robber-baron capitalism of the late nineteenth century, when railroad, oil, and steel monopolies ran roughshod over America's economy and political system. [I skip over discussions of copyright law, revisionist history, regulation frameworks, definition of property, etc., etc. The main point of the Magna Carta, deceptively presented, is an agenda for total deregulation of telecommunications.] The obvious likely consequences of such an agenda are conspicuously not discussed by the manifesto. If entry regulation is removed, and phone/cable collaboration is encouraged, then the obvious alternatives for collaboration would be interconnection, joint venture, and acquisition. Given the multi-billion dollar capital reserves of the phone companies, the best business opportunity would presumably be for phone companies to simply acquire cable companies, thus establishing total monopolies over wires coming into the home. Anti-trust law would be largely irrelevant to this scenario. To begin with, anti-trust enforcement seems to be a thing of the past -- especially with the Republican radicals in Congress. More important, perhaps, is the current anti-trust stance toward the RBOCs: partitioning them into separate turfs seems to be the most that anti-trust enforcers demand. Within their turfs, they're allowed to be as monopolistic as they can get by with. If price-regulation is removed, then we would be left with _totally_ unregulated telecommunications monopolies in each RBOC region -- controlling phone, television, multimedia, and messaging services, and charging whatever the traffic will bear. Hence the appropriateness of this article's title: "Cyberspace Inc and the Robber Baron Age". America's total communications infrastructure would be divided into feudal fiefdoms, and the economic regime would resemble the railroad cartels of the nineteenth century. All the manifesto's rhetoric about individual freedom and dynamic competition is deception -- the agenda is totally anti-competitive, anti-individual, and anti-free-enterprise. A century's progress in achieving dynamic, competitive, and diverse communications industries -- based on appropriate and non-stifling regulation -- would be thrown out the window all at once. ... This is not the place to analyze or even enumerate the plethora of competing legislative proposals currently before Congress regarding telecommunications. Suffice it to say that the agenda promulgated by the "Magna Carta" is finding widespread expression in that legislation. This fact -- along with the manifesto's close connection to the communications industry and to Speaker Gingrich -- indicates that the "Magna Carta" should be taken very seriously, as regards both its agenda, and the kind of rhetoric and deception employed. The "Magna Carta" provides a rare insight into the threat facing America's future from corporate power grabbers, and simplifies the task of seeing through the propaganda smokescreen being employed by legislators and industry spokespeople. --- ~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~--~=-=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~ Posted by Richard K. Moore (•••@••.•••) Wexford, Ireland (USA citizen) cyber-rights co-leader ~=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~--~=-=-=-=-=-=-=-=-=~=-=-=-=-=-=-=-=-=~