Cato Daily Dispatch

June 26, 2001

New York Outlaws Cell Phones In Cars
The Road to Privatization Leads from Cato
Imminent Microsoft Decision Has Advocates On Edge


New York Outlaws Cell Phones In Cars

New York is the first state in the United States to prohibit the use of hand-held cell phones while driving. Its legislature voted overwhelmingly yesterday to pass a ban that Gov. George Pataki is expected to sign into law quickly, according to Reuters.

The New York State Assembly voted 125-19 after 2-1/2 hours of debate to bar the use of hand-held cell phones by drivers except in emergencies. Advocates of the measure called phoning while driving a potential cause of traffic accidents, although there is only anecdotal evidence for their position.

In "Beware of the Cellular Keystone Cops," Adam Thierer says that if preventing distraction is the goal, "it would make more sense for policymakers to ban eating Big Macs and listening to Britney Spears in our cars than it would to ban cell phone use." He goes on to say, "Imposing burdensome restrictions...is unnecessary and may actually cost lives by having the unintended consequence of discouraging drivers from carrying a cell phone in their car." Thierer also comments on a proposed federal cell phone ban legislation in "Here Come the Federal Cell Phone Cops."

In the Regulation magazine article, "Should You Be Allowed To Use Your Cell Phone While Driving?" regulatory scholars Robert W. Hahn, Paul C. Tetlock and Jason K. Burnett show that the present danger posed by cell phone use while driving does not warrant intervention by government.

Thierer's television interviews on this issue and other cell phone regulation resources are available at http://www.cato.org/special/cellphone/.

The Road to Privatization Leads from Cato

An extensive feature on the front page of The Washington Post today recounts the history of the Social Security privatization movement and how the way was paved for President Bush to be able to tackle the issue.

The article mentions the Cato Institute extensively and explains that "the think tank's reports, conferences and books have made it a significant part of the debate."

The Cato Institute has a Web site dedicated to reform of the Social Security system at www.socialsecurity.org.

Imminent Microsoft Decision Has Advocates On Edge

Nearly four months have elapsed since a federal appeals court heard arguments in the Microsoft antitrust case, and advocates on all sides are starting to sweat, according to Wired News.

It's not just the summer heat. A combination of events -- including the court's recent announcement of its plans for distributing the decision of U.S. v. Microsoft and the announced retirement of the chief judge in July -- have led to a kind of nervous anxiety not seen since U.S. District Judge Thomas Penfield Jackson was preparing to declare Microsoft a recidivist monopolist.

Among Microsoft-watchers, the heebie-jeebies become most acute every Tuesday and Friday around 10 a.m. That's when the appeals court normally releases opinions, though it recently noted that "usual practice may not be followed in this case."

In "Microsoft's Appealing Case," legal scholar Robert A. Levy and economist Alan Reynolds analyze Microsoft's appeal case and find Microsoft positioned to win. They write that the original trial, presided over by Judge Thomas Penfield Jackson, was so plagued by procedural irregularities, erroneous fact-finding, unsupportable legal conclusions and destructive remedies that it will be difficult for the appellate court not to overturn it.



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