Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
Loren Kaye

GET UPDATES FROM Loren Kaye
 

Job Killer: California's Social Networking Bill

Posted: 06/02/11 10:15 AM ET

For anyone who has followed the budget debate in Sacramento, one thing is certain. After all the agony and drama of cutting programs and raising revenues, the most reliable and least painful way to pay for schools, parks, public safety and other services taxpayers value and want from state and local government is to create jobs.

At nearly 12 percent unemployment, it's clear we would have a lot more money to spend on popular government programs if more people were paying taxes to support them.

Recently, the Public Policy Institute of California, a non-partisan think-tank devoted to the study of California, came out with an interesting report called "Business Climate Rankings and the California Economy."

Their study essentially asked, "If California is such a lousy place to do business, why does overall economic growth in California still keep pace with the rest of the country?"

Their conclusion was fascinating. It said our natural advantages of mild weather and geography help make up for the fact that, yes, California really does have a bad business climate and our state would be growing more jobs if leaders did something about it.

A polite way to restate what's obvious to anyone trying to bring jobs and investment here -- California's taxes and regulations are stifling growth and innovation.

Case in point -- California's tech sector.

California leads the world in Internet commerce; this sector employs more than 100,000 people, generates billions of dollars in revenue and is one of the fastest growing sources of jobs in the state. Companies no one heard of five years ago -- Facebook, LinkedIn, Zynga, Twitter -- employ tens of thousands of Californians, while companies that are slightly older, like Google and Yahoo!, have created brands that are household names around the world.

So what California companies will we be talking about in five years? Probably the ones that started here but felt overtaxed, overregulated and unappreciated, and took their act on the road, to Austin or to Raleigh-Durham or a host of other regions that can't rely on weather or geography to make up for a poor business climate.

But instead of coming up with ways to bring more jobs and investment to California, we come up with bills like SB 242 by San Leandro Senator Ellen Corbett, which would direct the state to regulate the websites of Google, Facebook, Groupon and others and threaten them with massive fines for failure to comply. Just California's way to unfriend cutting-edge businesses.

How would SB 242 stifle innovation and chase jobs?

First, it would undermine company relationships with consumers by setting bureaucratic state standards for the "look and feel" of online sites and making it harder for consumers to manage online preferences on their own. This wouldn't "empower" consumers -- it would infuriate them.

Second, the bill creates an impossible standard requiring Internet firms to remove certain material that any other registered user deems objectionable within just a few days of her request or face fines of up to $10,000 per occurrence, potentially creating millions of dollars in liability -- a legal swamp where trial lawyers and shake-down artists thrive.

Third, the damage would not be limited to a few well-known social networking sites. SB 242 may also affect California-based application developers that depend on social networking platforms for their revenue and growth. The definition of "social networking sites" is so broad that the measure would likely capture the web presence and business operations of a wide swath of Internet companies, ranging from membership-based non-profits to online dating and travel sites.

Protecting an individual's privacy on the internet is a shared duty of the website companies, individual users and government. This legislation adds little to those responsibilities except more unnecessary and unproductive burdens that could chase jobs and innovation offshore.

For California to resume its place as an international leader in innovation and employment, we need to let people know we're open for business. Bills like SB 242 don't do that. Instead, they slam the door shut.

 
 
 
  • Comments
  • 15
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
HUFFPOST COMMUNITY MODERATOR
JScott
John Galt's last name is McGuffin-Smithee
10:17 AM on 06/06/2011
which would direct the state to regulate the websites of Google, Facebook, Groupon and others and threaten them with massive fines for failure to comply.

Again cluleless legislatures trying to make rules for the worldwide internet------haven't they learned IT DOESN'T WORK!!!!!!
HUFFPOST SUPER USER
Chris Bryer
Can a Buddhist be conservative?
08:28 AM on 06/06/2011
California has exported jobs to other states for years now.
HUFFPOST SUPER USER
TheOin2012
My micro-brew is empty.
11:21 PM on 06/05/2011
Er, so protecting our privacy is a "job-killer??"

Boy, I guess Facebook joined the chamber of commerce!!

lol
photo
LightShadow62
The answers are not found in the extremes
11:37 AM on 06/05/2011
Another "We have to let business do whatever it wants" chant.
photo
HUFFPOST SUPER USER
Scott Zwartz
05:19 PM on 06/03/2011
The future is here. In fact, it arrived in 1993, but California slammed the door shut in order to protect older industries like coal, gas, the auto industry, and international real estate developers.

In 1993 Los Angeles wrote its Telecommuting Study which showed that if Los Angeles instituted Telecommuting for government and private sector, traffic would decrease and the need for high rises would also decrease 30%. That information was a shock. It doomed California's favor means to give millions of tax dollars to the mega wealth, their Community Redevelopment Agencies. When demand for high rises went down 30%, no one would be foolish enough to build more high rises on Bunker Hill. With traffic down 30%, that means the need for new freeways ended. The less people drove, the longer they could keep their car and the less gas they bought each year.

In order to protect the old technologies of freeways, increasing urbanization, and subways, the new major 86'ed the 1993 Study.

If we invested on 21st technology and looked towards the 22nd Century rather than invest all our money in 19th and 20th century technology of trains and high rises, California's tech industry would have a huge boom. We need to increase our Internet capacity to handle Virtual Presence -- that is the essence of Telecommuting. So very many of things which we travel in cars, buses, and subways to perform each day can be done from home.
photo
Halsey
"There is a price to pay for speaking the truth. T
12:46 PM on 06/03/2011
Now a word from Adam Smith (your hero, right?)
On the distribution of wealth…

What improves the circumstances of the greater part can never be regarded as an inconveniency to the whole. No society can surely be flourishing and happy, of which the far greater part of the members are poor and miserable.

The Wealth Of Nations, Book I Chapter VIII, p.96, para. 36.
photo
HUFFPOST SUPER USER
Scott Zwartz
05:23 PM on 06/03/2011
The tea baggers and the GOP do not believe in Adam Smith or Keynes. They believe in a government that is too small to protect a free market system. Their fear is that government will stop the predatory practices of business. Thus, they want to kill off government and to reduce the standard of living of everyone else.

Greed breeds ignorance and they will never agree to Adam Smith. "Power corrupts and absolute power tends to corrupt absolutely." Lord Acton. As long as government can regulate business to stop predatory (anti-free trade) practices, government is too large for them.
photo
Halsey
"There is a price to pay for speaking the truth. T
12:45 PM on 06/03/2011
Loren, I (as a financial advisor; the acme of so=called capitalism) I "used" to like the chamber of commerce. Y'all have morphed with the tea-baggers and GOP. I DO agree that businesses should not be unduly encumbered to create jobs and business here in CA. How about this: FIRST we close the legal yet insane tax loopholes that allow Chevron, GE, RIG, Exxon, etc etc etc. to have a PO Box in Switzerland and pay 0% in U. S. taxes. THEN lower the corporate rate to a solid 15% (no loopholes period). I agree, on its surface SB 242 sounds like bureaucratic silliness (I must look at the whole bill later!). What YOU don't address is the high cost of living in CA (most, not all areas);ergo the need for better wages for all, not just tech geniuses. You seem to think that business, left alone will work for the common good. That is not the case. Corps work for profit first, last and middle. You see a big picture, Hewlett Packard exists from quarter to quarter to assuage stock holders and you know it. I will check out the bill and come back better educated on the WHOLE thing, not just what you posted; and I'll be honest.
photo
HUFFPOST SUPER USER
Scott Zwartz
05:36 PM on 06/03/2011
Wisely stated! Free Enterprise can only exist when the government is strong enough and wise enough to prevent predatory business practices. A predatory practice is basically any way to make money which does not increase productivity. If I can engage in false advertising and promise a money back guarantee if I do not repair your car properly, I will take customers from a mechanic who does not make the guarantee. If I then hire terrible mechanics who do horrible work and refuse to ever give a refund, I'll make a lot of money in a large metropolitan area. The honest mechanics will lose work and may go out of business. The customer has spent money and have a broken car.

The free enterprise system works only when we can make certain that businesses do not cheat. What happens when consumer protection statutes are repealed? in 1999 Congress repealed Glass-Steagall and a few years later California decimate B/P Code 17200, its consumer protection statute. With these 2 statutes gone, the mortgage industry turned into a huge world wide Ponzi-type scam, crashing the housing industry and we are still suffering from the effects today.

When business's motto is "Cheating is better than Competing," we do not have a free market system
photo
Halsey
"There is a price to pay for speaking the truth. T
06:15 PM on 06/03/2011
Fanned Scott, From what I've read here I'd enjoy sipping a beer or juice with you and figure out how we can fix this or at least, make some impact before the grim reaper ends my dreams of a footprint.

"A small body of determined spirits, fired by an unquenchable faith in their mission, can alter the course of history." ~ Mahatma Gandhi
photo
LuLou Murder
Don't robocall me if you want my vote
11:43 AM on 06/06/2011
But since corporations are now people, shouldn't they be taxed at the maximum personal rate? With those rights granted them by the Supreme Corps should come responsibilities and dutes like the rest of us have. If they want those rights, they can pay 35%.
HUFFPOST SUPER USER
tomjones
11:06 AM on 06/02/2011
California is a bad state for promoting your business unless you operate your business in Silicon Valley for the purpose of creating a product and to ship it to other country for production. The state has no incentive for manufacturing the products in California. Digitally Undivided
10:47 AM on 06/02/2011
You know, if we got rid of all our environmental laws and workers' rights laws we'd have 0% unemployment. That's not the point. How much are we willing to sacrifice to stimulate business? Perhaps this bill is overreaching with its approach, but leaving the field derregulated is no way to "show appreciation" for these companies.

Sorry, just because you pay a lot of taxes doesn't mean you get to roam free and do whatever you want with people's personal information.
photo
HUFFPOST SUPER USER
Scott Zwartz
05:47 PM on 06/03/2011
Actually, environmental laws and workers' rights add jobs to the economy.

A major reason jobs are laving the USA is that other countries are educating and training their people and the USA is sinking lower and lower in educational achievement.

Where would be locate your business? In a country with educated motivated workers or in a country that is 23rd in science and 34th in reading and the workers are lazy? We have known for decades, that certain types of jobs always shift towards the emerging nations, the the country from whence the jobs came must invent new jobs requiring more brain power than muscle power. At the most crucial time in history, the USA has adopted a KnowNothing philosophy which devalues knowledge and promotes ignorant emotionalism, e.g. Sara Plain (Paul Revere rang bells?)
photo
HUFFPOST SUPER USER
mountainweb
Conservative Commonsense
09:58 PM on 06/04/2011
Environmental laws and workers right laws have NEVER added jobs. Requiring a union person to pick a power cord up and plug it into a socket (saw that in Chicago no less) is not creating a job, its killing business by increasing the cost of doing business in a state...