Author Archives: Michael Froomkin

Why Don’t We Bail Out Iceland?

Here's a serious question: Iceland has long been a strong ally and a NATO member, despite having no armed forces. As we all know, the Icelandic economy is suffering from a virulent case toxic shock.

Iceland's economy is not, by US standards, particularly big, clocking in at about US $12bn GDP. A bailout would, I presume, take only a fraction of that? And their troubles are really not their fault:

So how did Iceland get in so much trouble? That’s the odd part of the story: it isn’t because its banks gambled on the worthless subprime securities that helped undo Bear Stearns and so many others. Iceland’s banks prudently avoided the subprime market, even as they embarked on a lending boom at home and expanded abroad. What got Iceland in trouble was something more subtle: its banks got their money primarily from international investors, making the Icelandic miracle heavily dependent on foreign capital.

In normal times, this might not have mattered, given the country’s solid economic fundamentals. But these aren’t normal times. The subprime crisis, in which investors realized that they had greatly underestimated the risks of lending to people with bad credit, has spawned a wider credit crunch: investors now suspect disaster behind every door, and even seemingly solid borrowers find credit much harder to come by. The subprime crisis was an earthquake that caused a tsunami: the quake has done plenty of damage on its own, but the tsunami looks set to do even more.

Iceland has been swamped by that tsunami because it trusted in the availability of global credit in time for that credit to evaporate.

So why not bail them out? There is of course no legal duty to do so; I'll even stipulate that there is no moral duty to do so. It's just a way, quite cheap in the grand scheme of things, to make friends abroad and mitigate a global crisis. The Icelandic people would, I would think, be grateful for a generation. And other people around the world might see in this willingness to help out a sign of hope, which might help combat some the psychological aspects of the current crisis.

So, how much would we have to make available as a special loan facility to bail out Iceland? Any arguments against this other than it might invite other governments to ask for bailouts too and we can't afford them all?

Posted in Econ & Money | 10 Comments

Obama FCC Transition Team

Susan Crawford isn't here in New Haven because she has just gotten a new and better gig on the Obama FCC transisiton team:

Science, Tech, Space and Arts Team Leads | Change.gov: The Obama-Biden Transition Team

FCC Review Team Leads

Susan Crawford is a Professor of Law at the University of Michigan, teaching communications law and internet law. She was a partner with Wilmer, Cutler & Pickering (now WilmerHale) until the end of 2002, when she left to become a legal academic. Ms Crawford recently ended her term as a member of the Board of Directors of ICANN.

Ken Werbach is an Assistant Professor of Legal Studies and Business Ethics at The Wharton School, University of Pennsylvania, and the organizer of the annual Supernova technology conference (http://www.supernova2009.com). His research explores the legal and business dynamics of information and communications technologies. Formerly, he served as Counsel for New Technology Policy at the FCC during the Clinton Administration. He has also edited Release 1.0, a renowned technology newsletter, and founded Supernova Group, a technology analysis and consulting firm.

Both of these are great choices!

May do a little special pleading, friends? Let's reverse the Brand X decision — odds are this will do more to help net neutrality than any regulations could.

Posted in Politics: US | 1 Comment

Always Worse than Your Worst Expectations

Just when you think you might have plumbed the depths of the abyss that it the Bush Justice Department, no, the Bush Administration, comes this:

More Allegations of Misconduct in Alabama Governor Case.

I might have suspected that a recused official would remain deeply involved in a case, but I would never have suspected illicit communications with a jury.

If recent history is any guide, there must be many more skeletons in the White House closets. The Bush team has worked hard to cover its tracks — see for example it wholesale evasion of the rules requiring the archiving of email — but who knows what else is waiting to be revealed.

Posted in Politics: US: GW Bush Scandals | Comments Off on Always Worse than Your Worst Expectations

Off to New Haven

I'm off to New Haven for a conference in honor of the 10th anniversary of the Yale Information Society Project. I was very involved in the early days — I think I spoke at the first three or four conferences, but have been less involved recently.

The folks at the Yale ISP were kind enough to recently to make me an 'Affiliated Fellow' of the Yale ISP, so I hope to be involved more in the future.

I like to going to Yale events, as they are both substantive and nostalgic for me (Yale '82, Yale Law '87)…but I HATE the journey. Flying into New Haven is expensive and usually involves a long layover in Philly followed by a wind-up plane. Flying into Hartford gets you an easy drive…but the two direct planes a day are too early and too late, and why change planes just to drive afterward?

Flying into New York is quickest and cheapest…but then there's the land portion. CT Limo is so appalling that I vowed never to use it again after last time. And the time before. And the time before that. So this time I'm going to drive.

The trouble with driving is that I get lost. Easily. I was never the most directionally intuitive driver, and I've gotten softer from years of being married to a very reliable navigator. I don't own a GPS, although I'm thinking about it. I've asked for one in the rental car as a sort of, well, test drive, to see how I like it. (The other trouble is that I'm landing at 3pm, and will hit the Friday afternoon rush more than likely, but there's not a lot I can do about that.)

Posted in Talks & Conferences | 7 Comments

Good Thing I Wasn’t Expecting a Government Job

NYT, For a Washington Job, Be Prepared to Tell All, reports on the very detailed questionnaire being required of applicants for jobs in the Obama admin. This is one group that will be vetted thoroughly! (Even so, given the numbers, odds are something on someone will slip through the cracks, and by the strange logic of politics, the fact that Team Obama took responsibility for vetting will mean that the press will treat the failure as more significant than if they hadn't tried so hard. Go figure.)

The NYT article has this arresting graphic, which suggests that bloggers just might have a little trouble getting a policy (as opposed to blogger outreach) job:

Posted in Blogs | 3 Comments

The War Is Not Over

Cute little video (well, a bit self-serving, but why not), by the pranksters who brought you today's fake NYT, complete with headline announcing the end of the Iraq war.


New York Times Special Edition Video News Release.

Wish I could get one in Miami. And the web site seems totally slashdotted….

(Speculations as to who is behind it, from Gawker.)

Posted in Completely Different | Comments Off on The War Is Not Over