With increasing frequency, it seems that virtually any court decision, regulatory proceeding, or legislative proposal dealing with a new digital technology or service is accompanied by a predictable chorus. Chicken Little defenders of innovation argue loudly that regulatory change will have a chilling effect on innovation. Ironically, these loud calls have silenced a rational national conversation about innovation writ large. Innovation thus morphs into a conversation-stopper rather than a conversation-starter, particularly in the popular press and in the offices of policymakers. We need to be aware of this dynamic and begin treating innovation with all the complexity and nuances that this topic deserves.
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