There is a natural and healthy tension between politics and markets. The tension is the difference between socially oriented citizens who are often unfamiliar with business and in any case favor the strong, visible hand of government protection and their commercially-oriented brethren who prefer the invisible hand of market competition and generally view government as a cost to be minimized.
The trade offs between these views are the leitmotif of this blog. Jam Side Down refers to the tendency of partisans of both schools to inhale too deeply their own exhaust, underestimate perverse consequences, and end up with a sticky mess on the floor.
LET THE SUN SHINE IN
Interestingly, one type of regulation is generally favored by both camps. These are Sunshine Laws, named after the famous observation by Supreme Court Justice Louis Brandeis that "Sunshine is the best disinfectant". Sunshine laws mandate transparency in government and have been passed by the federal government and all fifty states. They generally require that public business be, well, public. The case for transparency increasing government accountability and reducing corruption poses problems in practice (Guantanamo comes to mind) but is by now so widely accepted as to be unworthy of debate.
If Sunshine laws work so well in the public sector, why are they are so little used in the private sector? There are two general excuses. First, government is a monopoly, so accountability is frequently a function of transparency whereas the private companies are held accountable by market competition, which requires secrets. This is not entirely silly. Second and less convincing to me, private business is private. There is, after all, money involved. Norway publishes the annual income and net worth of every citizen and, although there is an interesting case to be made for it, we don't do that here and are not likely to start.
Companies prefer the shade. They avoid sunshine, especially if it can lead to public embarrassment. As a duly sworn federal regulator, I noticed that even in the very early days of the internet a company whose dangerous working conditions had killed an employee thought nothing of paying a fine and conducting business as usual. But propose to publish the details of their transgressions on a public web site and suddenly you had their full and undivided attention.
In short, Brandeis was right and we should apply his insight more often to the private sector (and in fairness, publicly trade companies are for good reason subject to high standards of disclosure).
SILLY CON VALLEY
We have seen an amazing example of the power of sunshine in Silicon Valley this week. Our arguments here tend to involve slightly obscure technologies, but bear with me -- it's a great story.
Background: Social networks like Facebook and MySpace are huge. Facebook alone accounted for a quarter of all page views in the United states in the past 90 days.
What, exactly, is everybody doing on Facebook? They are playing games. Games sell virtual goods (seeds for your garden or a shotgun to dust an opponent) and they are fertile grounds for advertisers.
Some of these ads are sleazy, or in the current vernacular, they are "scammy". Some of the scammiest ads sell cell phone subscriptions (example: ad copy says" Where is Your Girlfriend? Find out her exact location now." See the add here but watch where you click). This particular site sells a useless $10/month subscription onto your cell phone. The worst scams always seem to cost $9.95/month (take an IQ test, then "enter your phone number to see the results". Congratulations, you just subscribed). The carrier gets half, Facebook gets a couple bucks and the publisher and the ad service get the rest. It is extremely lucrative for everyone except the consumer, who has a very difficult time getting these subscriptions taken off of a phone bill. Consumers learn the hard way that if their 11 year old enters a cell phone number to get some free seeds in Farmville, an innocent farming game on Facebook, they need to change their cell phone number in order to stop the bills.
This is not small time stuff. Farmville, for example, has 61 million active users, a population slightly larger than Great Britain. Companies like Slide, RockYou, Zynga, Playdom, and Playfish author games for social sites. The last three of these companies serve ads and make hundreds of millions of dollars in revenue -- a huge amount of it fraudulently (meaning that people subscribe without realizing they are subscribing, or subscribe to a service that has little or no value).
