Another parallel between IP and EM spectrum rights

I constantly bring up the EM spectrum in discussions of IP, and for good reason. It's quite difficult to justify rights in one but not the other, leading some people to unpalatable conclusions. Heck, even Stephan Kinsella, the big anti-IP poomba, isn't sure whether there should be rights to radio waves.

But recently, I've found yet another parallel. Consider the case of someone who, like in lots of instructive thought experiments, wants to block the propagation of radio waves from a nearby tower so that people can't receive them (well, extract information from them, but you get the point).

There's a device that lets you block EM waves, known as a Faraday cage. I didn't know how they work before, but it turns out that, by being made of conducting material, their electrons realign so as to produce the *opposite* field from the one around it (which superposes over it and cancels it out).

See where this is going? To protect your right to to transmit information via EM waves, you need to be able to prevent others from ... er ... instantiating the same pattern! Now, where else have people asserted that kind of right?

(By the way, first post ever from my first smartphone, the wonderful Samsung Moment. And no, unlike when Tyler Cowen promotes a product, I didn't get it for free or otherwise get paid to say that. No, the links weren't added from the Moment.)

World's newest space agency: Reuters

I normally don't pay much attention to photo credits, but I had to do a double-take on this one. An article in the Telegraph has a satellite picture of the sun. Of course, to get that kind of picture, you have to get pretty close, exist in a high temperature environment, and have photography equipment capable of significantly attenuating the EM radiation thrown off from the sun

And who do they credit for the photo? NASA, right? No, we get:

Professor Henrik Svensmark argued that the recent warming period was caused by solar activity. Photo: REUTERS

Um, yeah dude. I think Reuters got that photo from someone else. With the budget cuts the media have had to make in the past few years, they can only afford near-earth satellites. Deeper-space probes are just out of the question.

ANYWAY, since I haven't posted on Climategate, or for that matter, anything in a while, here are my thoughts: It's absolutely disgraceful, the way the scientists in question have acted. Disclosure of your data does not mean that skeptics get to go on a multi-year scavenger hunt to find your raw data and then play guessing games about which sources you threw out and why.

The very fact that you have to make a post like this one in order to summon forth all the data is proof that you weren't being transparent enough.

There's also clear evidence that the scientists didn't seem to understand that you can't contort one data source to look like another and then call it two independent sources of data. Eric S. Raymond has done a tremendous job at exposing the tricks in the code, which explains exactly why the insular climate science doesn't want critics poring over their work

Oh, and just a hint: when you only allow people you approve of to review your work, that's not science.

PS: Recall that my outrage at many libertarians has been to their reactions *conditional* on AGW being real, and that outrage remains.

What "interference" with radio signals really means, and its implications for property rights

A common confusion often arises: people talk of the "interference" with radio tower transmissions, without understanding what physical process the term refers to. This misunderstanding makes it hard to see the logic in my analogy between intellectual property and rights to radio frequencies.

In a recent debate on intellectual property, I finally decided to set the record straight, and what follows in this post borrows heavily from what I said in the debate.

First, how does radio communication actually work? I'll admit that I don't know the answer all the way down to the nuts-and-bolts level. But I can explain it from the perspective of information theory.

Radio communication works, to the extent that it works, because a listener can perform a measurement, and thereby learn something about the source, i.e. the message transmitted. (This "something" they learn is called the "mutual information" between the two points, and is equivalent to so-called "Bayesian evidence".)

And when it comes to your radio, what is that actual measurement? Setting a dial on it that changes a circuit's properties so that it resonates when the surrounding area is filled with electromagnetic (EM) waves around a certain frequency. And when it resonates, an electrical signal in the radio follows a certain pattern that's correlated to the signal the radio tower is sending. Your radio then converts the circuit's electrical signal into sound that is meaningful to you.

All of this functioning relies on an assumption: that by performing the measurement, you do in fact learn something about the source. That assumption is violated when more than one tower transmits with enough intensity at the frequency you perform a measurement on. In this case, no measurement result tells you anything about either source: the transmitted waves overlap each other, coming across a gibberish on your radio. (In the lingo, there's no "mutual information" between you and either source.)

So whenever you talk about "interference" with radio communication, what you really mean is "violation of an assumption some parties were using to communicate which, when violated, makes them unable to communicate."

To understand the significance of using the term "interference" in this way, let's look at a more practical, intuitive example with the same dynamic, but unrelated to the EM spectrum.

An Illustrative Example

Let's say that I live in a small village where I have a few friends. I want an easy way to communicate to them that I expect a rainstorm today. So, I work out an "encoding scheme" with them in advance: if they hear me hit my gong before 8 am, I predict rain. If they don't hear me hit my gong, I don't predict rain. So, instead of having to tell them all individually, I can just hit the gong. They'll hear it, and they'll get a message from me. By "measuring" the sound they hear before 8 am, they learn the "signal" I'm sending.

So far, so good.

But there's a little snag: my friends will hear a gong sound as long as anyone hits a gong not just me! So, our communication scheme only works as long as we can rely on no one else hitting a gong before 8 am. If we can't rely on that, I can't send them the message, at least not as reliably. Because when they hear a gong, sure, it could be me, but it could also be anyone else with a gong. Hearing the gong sound is no longer a reliable sign that I think it will rain.

So there you see it: our communication system can be defeated by "interference" from other people, either because they're trying to set up their own similar system, or because they just like being mean. But this "interference" simply means: violating an assumption that we, rightly or wrongly, thought we could rely on.

And how does this relate to radio communication? Simple: the existence of the gong sound before 8 am is just like a radio signal within a given frequency range: it can provide information to others, but only if others don't try to use the same means to communicate.

Conclusion

So do you think people should be able to "homestead" such "communication assumptions" like that? Should I be able to assert rights as "the only one who can hit a gong in this area before 8 am"? (Or, to be less greedy, the right to hit a gong in this area in a certain five-minute window, with a certain rhythm.) Your answer to that question tells you a lot about how you should look at other issues.

For example, how about asserting rights as "the only one who can broadcast radio waves in this area within a particular frequency band"? How about asserting rights as "the only one who can distribute books containing Harry Potter stories"?

Hey! That last one kinda sounds like intellectual property rights...

The shortest, safest libertarian case for IP

Am I going too far with that claim? Nope. I've argued it many times and haven't seen any response that's even remotely plausible. Here goes:

***

Most libertarians have no problem seeing why property rights in radio waves (i.e. the exclusive right to emit at a certain frequency) are justified.

Next, notice that IP (intellectual property) rights have the exact same form. Just as spectrum rights allow exactly one entity to form his property into a specific pattern (such that it emits at a specific frequency), IP lets exactly one entity form his property into a specific pattern. They are rights to configurations of objects rather than objects as such.

It is true (as many, many will remind me) that to broadcast at the same frequency as someone else "interferes" (!) with their "signal" (!). However, your judgment that there is "interference" is itself an arbitrary value judgment about the merit of someone's intended use. In exactly the same way, copying someone's ideas can interfere with their intended use.

Remember, the ether does not somehow "want" to carry information. It is simply one positive attribute humans have been able to wring out of it; if people merely loved to blast radio waves for the heck of it, the conflict wouldn't arise. So the characterization as "interference" is solely a function of the uses people want to make of it.

Unless and until you can make a libertarian case why one desired use justifies exclusion rights for specific patterns and the other does not, the cases are perfectly parallel.

***

There, that's all there is to it. Don't let the length of this post confuse you; the entire case is self-contained between the asterisk lines. I want to now briefly review my history of making it.

If you look at this comment and the preceding, you see Stephan Kinsella make a seemingly innocuous but actually damning admission: that attempts to differentiate the cases of IP and radio waves reduce to (the very arbitrary decision of) what counts a "relevant use" for purposes of discerning property rights boundaries, a distinction mentioned nowhere in Kinsella's widely quoted case against IP.

The argument persuaded some participants to reluctantly bite the bullet and admit that they couldn't therefore support radio wave rights either. (Yikes!)

You're rightly skeptical to wonder why I'm not quoting a peer-reviewed, published exposition of this argument, and indeed many have suggested I flesh it out and submit it to a (very ungrateful) libertarian journal. While probably a worthwhile pursuit, if I have spare time, it kind of misses the point of journals: to get results, whether they be new, useful scientific laws, or evidence in favor of propositions, or establishment that something is or is not possible. If the above remark by Stephan Kinsella is the best response he, the eminent opponent of IP, can marshal, we already have a result. Wanting it in a journal article is putting the cart before the horse.

I've probed other intellectuals on this and found similar inability to refute -- I'm just posting the best response I've gotten.

Comments are greatly, greatly welcome. Unlike some other people who shall remain nameless[1], I want to see where I'm wrong.

[1] A name is a label intended to refer to a proper noun. An example of a name might be Stephan Kinsella or Bob Murphy.