Sunday, May 21, 2017

Permissionless Innovation, the Precautionary Principle, and Gardening

Adam Thierer’s insights about “soft law” being the middle ground between permissionless innovation and the precautionary principle reminded me of Michael Pollan’s portrayal of gardening as mediating between the wilderness ethic and humans micromanaging nature.

Tuesday, May 02, 2017

Note on receivers in the EU Radio Equipment Directive and ETSI standards

The European Union has focused new attention on radio receiver standards through terms in the Radio Equipment Directive (RED) which came into force last year. The RED’s requirements that any “receiver [must have] a level of performance that allows it to operate as intended and protects it against the risk of harmful interference, in particular from shared or adjacent channels” have been reflected in new ETSI standards.

Friday, April 14, 2017

Traditional ethics and standards of scholarship

The astrophysicist Simon White concluded his introduction (pdf) to the 2016 Ringberg workshop on galaxy formation by asking how one developed consensus about what is well established. (Thanks to Petri Mähönen for bringing it to my attention.)

White’s answer: “Re-emphasise traditional ethics and standards of scholarship.”

Thursday, March 09, 2017

Templates and narratives for change

At the end of a conversation with David Runciman about powerful women on the Talking Politics podcast (reposted on the LRB podcast; their chat starts around 18:00), Mary Beard had this to say:
The idea that women have a model for doing [changing the structures within which women can think of themselves as ambitious, as powerful, as clever, as articulate, and able to make that kind of difference in the world] -- and I don't mean a kind of role model, but I just mean a kind of cultural template for doing that -- until we can provide a narrative and a template, then I think we've got a problem.
This resonates with what I try (and fail) to do in policy innovation. It's not sufficient to have a new idea (= template). You also need to have a story (= narrative) that explains why anyone should care, and why it makes sense.

Friday, February 10, 2017

Spectrum is not a scarce natural resource


Almost every policy or technology story about radios starts with the litany that Spectrum is a Scarce Natural Resource. I will argue that this claim is false, and that it matters.

In short:
  • Spectrum is no more a scarce natural resource than sound.
  • It is more accurate and productive to talk about radio operation.
  • Rather than saying “spectrum is scarce”, it’s better to say “radio coexistence is hard.”
The pay-off is that this alternative language makes us focus on what matters – the best way to arrange the operation of radios – rather than on ways to manage a resource (spectrum) that may or may exist.

Sunday, January 08, 2017

Sunday, September 25, 2016

Thursday, July 28, 2016

Fitting square pegs into bicycles

To this non-lawyer, jurisprudence often seems to be metaphor mongering/mangling/wrangling -- as in Judge Easterbrook's contention that that there was no more a “law of cyberspace” than there was a “Law of the Horse" ("Cyberspace and the Law of the Horse" (1996); see also Larry Lessig's "The Law of the Horse: What Cyberlaw Might Teach").

From a recent CS Monitor comes the latest in this inexhaustible genre: "Is bitcoin money? Are Airbnbs hotels? Why courts have trouble deciding."

Friday, April 15, 2016

Hypnosis, placebo and meditation

In its recent package on The Power of Mind (issue no 3064, 12 March 2016), New Scientist includes an interview with Laurence Sugarman at Rochester, who uses hypnosis in clinical settings -- and believes that mindfulness meditation is an example of hypnosis.

Monday, August 31, 2015

FCC approves robotic lawn mower, rejects worst case analysis

On August 12, 2015 the FCC granted a waiver (pdf) of some Part 15 rules to allow iRobot to market a robotic lawn mower transmitting in the 6240-6740 MHz range (Order in Proceeding 15-30). The National Radio Astronomy Observatory (NRAO) had expressed concern that the waiver could lead to interference to radio astronomy operations.

Worst case in interference analysis for medical interference

In its second order on reconsideration regarding the incentive auction released on June 19, 2015 (docket 12-268, pdf) the FCC noted that its analysis interference into wireless medical telemetry systems its work "is a worst case analysis and in most installations one or more of the parameters we assumed here will provide additional protection" (recon order at para 119).

Friday, July 31, 2015

Q&A: Risk-assessment, harm claim thresholds and adjudication

In my testimony before the Senate Commerce Committee on Wednesday July 29, 2015 I recommended three spectrum management reforms. A summary and links to the written testimony and video are in an earlier blog post. This post offers some Q&A.

The three reforms were: (1) moving away from worst case interference analysis and using risk-informed methods that consider not only the consequences but also the likelihood of harmful interference; (2) providing more clarity about operators’ interference rights and obligations by specifying harm claim thresholds; and (3) giving any spectrum user the option of taking action directly against any other, either in front of an FCC judge or in a federal Court of Spectrum Claims.

Wednesday, July 29, 2015

Senate Testimony: Risk-assessment, harm claim thresholds and adjudication

I testified today before the Senate Commerce Committee hearing on “Wireless Broadband and the Future of Spectrum Policy.” My written testimony is here; this is the summary I presented during the hearing. I’ve posted some Q&A in a subsequent post. My remarks are recorded in the archived webcast, starting at 58:02; see also a question from Chairman Thune and my reply starting at 2:05:43.

Saturday, June 13, 2015

Principles for interference assessment and receiver protection in FCC rulemakings

A key consideration in spectrum policy, particularly the allocation of new services, is the protection of existing services against harmful interference. However, regulators take an ad hoc approach to defining harmful interference. We would be better served if everyone knew, up-front, the principles a regulator was going to use when making decisions about a new allocation.

Julie Knapp’s comment at a recent FCC TAC meeting have inspired me to sketch out some principles/guidelines/framework for the FCC when looking at protecting services during rulemakings. Julie pointed out that the TAC Spectrum and Receivers Working Group now has an opportunity to synthesize and make actionable our work of the last few years.

(Update: The FCC TAC adopted "Basic Principles for Assessing Compatibility of New Spectrum Allocations" [pdf] at its meeting on December 9, 2015. I participated in drafting this document, and I'm delighted that it aligns well with the principles I outlined here.)

Thursday, February 12, 2015

Risk-informed interference assessment

I've spent the last year or so thinking about ways to complement worst-case interference assessment with a more comprehensive approach that considers many potential interference hazards, not just a possibly implausible nightmare scenario. I have concluded that quantitative risk analysis, used in many regulated industries, is a suitable tool.