Policy makers at all levels, federal and state and local governments, are depositing great faith in innovation as a driver of economic growth and job creation. In the knowledge economy, universities have been called to play a central role as knowledge producers. Universities are actively seeking to accommodate those public demands and many have engaged an ongoing review of their educational programs and their research portfolios to make them more attuned to industrial needs. Technology transfer is a function that universities are seeking to make more efficient in order to better engage with the economy.

By law, universities can elect to take title to patents from federally funded research and then license them to the private sector. For years, the dominant model of technology transfer has been to market university patents with commercial promise to prospect partners in industry. Under this model, very few universities have been able to command high licensing fees while the vast majority has never won the lottery of a “blockbuster” patent. Most technology transfer offices are cost centers for their universities.

However, upon further inspection, the winners of this apparent lottery seem to be an exclusive club. Over the last decade only 37 universities have shuffled in the top 20 of the licensing revenue ranking. What is more, 5 of the top 20 were barely covering the expenses of their tech transfer offices; the rest were not even making ends meet.[i] It may seem that the blockbuster patent lottery is rigged. See more detail in my Brookings report.

That appearance is due to the fact that landing a patent of high commercial value is highly dependent on the resources available to universities. Federal research funding is a good proxy variable to measure those resources. Figure 1 below shows side by side federal funding and net operating income of tech transfer offices. If high licensing revenues are a lottery; then it is one in which only universities with the highest federal funding can participate. Commercial patents may require a critical mass of investment to build the capacity to produce breakthrough discoveries that are at the same time mature enough for the private investors to take an interest.

Figure 1. A rigged lottery?

High federal research funding is the ticket to enter the blockbuster patent lottery

Source: Author elaboration with AUTM data (2013) [ii]

But now, let’s turn onto another view of the asymmetry of resources and licensing revenues of  universities; the geographical dimension. In Figure 2 we can appreciate the degree of dispersion (or concentration) of both, federal research investment and licensing revenue, across the states. It is easy to recognize the well-funded universities on the East and West coast receiving most of federal funds, and it is easy to observe as well that it is around the same regions, albeit more scattered, that licensing revenues are high.

If policymakers are serious about fostering innovation, it is time to discuss the asymmetries of resources among universities across the nation. Licensing revenues is a poor measure of technology transfer activity, because universities engage in a number of interactions with the private sector that do not involve patent licensing contracts. However, this data hints at the larger challenge: If universities are expected to be engines of growth for their regions and if technology transfer is to be streamlined, federal support must be allocated by mechanisms that balance the needs across states. This is not to suggest that research funding should be reallocated from top universities to the rest; that would be misguided policy. But it does suggest that without reform, the engines of growth will not roar throughout the nation, only in a few places.

Figure 2. Tech Transfer Activites Depend on Resources

Bubbles based on Metropolitan Statistical Areas and propotional to size of the variable

On March 4, President Obama submitted to Congress his 2015 budget request. Keeping with the spending cap deal agreed last December with Congress, the level of federal R&D will remain flat; and, when discounted by inflation, it is slightly lower. The requested R&D amount for 2015 is $135.4 billion, only $1.7 billion greater than 2014. If we discount from this 1.2% increase the expected inflation of 1.7% we are confronting a 0.5% decline in real terms.

Reaction of the Research Community

The litany of complaints has started. The President’s Science and Technology Advisor, John Holdren said to AAAS: “This budget required a lot of tough choices. All of us would have preferred more." The Association of American Universities, representing 60 top research universities, put out a statement declaring that this budget does “disappointingly little to close the nation’s innovation deficit,” so defined by the gap between the appropriate level of R&D investment and current spending.

What’s more, compared to 2014, the budget request has kept funding for scientific research roughly even but it has reallocated about $250 million from basic to applied research (see Table 1). Advocates of science have voiced their discontent. Take for instance the Federation of American Societies for Experimental Biology that has called the request a “disappointment to the research community” because the President’s budget came $2.5 billion short of their recommendations.

The President’s Research and Development Budget 2015

Source: OMB Budget 2015

These complaints are fully expected and even justified: each interest group must defend their share of tax-revenues. Sadly, in times of austerity, these protestations are toothless. If they were to have any traction in claiming a bigger piece of the federal discretionary pie, advocates would have to make a comparative case showing what budget lines must go down to make room for more R&D. But that line of argumentation could mean suicide for the scientific community because it would throw it into direct political contest with other interests and such contests are rarely decided by the merits of the cause but by the relative political power of interest groups. The science lobby is better off issuing innocuous hortatory pronouncements rather than picking up political fights that it cannot win.

Thus, the R&D slice is to remain pegged to the size of the total budget, which is not expected to grow, in the coming years, more than bonsai. The political accident of budget constraints is bound to change the scientific enterprise from within, not only in terms of the articulation of merits—which means more precise and compelling explanations for the relative importance of disciplines and programs—but also in terms of a shrewd political contest among science factions.

Editors Note: This post is an extended version of a previous post.

Cozzens, Susan and Dhanaraj Thakur (Eds). 2014. Innovation and Inequality: Emerging technologies in an unequal world. Northampton, Massachusetts: Edward Elgar.

Historically, the debate on innovation has focused on the determinants of the pace of innovation—on the premise that innovation is the driver of long-term economic growth. Analysts and policymakers have taken less interest on how innovation-based growth affects income distribution. Less attention even has received the question of how innovation affects other forms of inequality such as economic opportunity, social mobility, access to education, healthcare, and legal representation, or inequalities in exposure to insalubrious environments, be these physical (through exposure to polluted air, water, food or harmful work conditions) or social (neighborhoods ridden with violence and crime). The relation between innovation, equal political representation and the right for people to have a say in the collective decisions that affect their lives can also be added to the list of neglect.

But neglect has not been universal. A small but growing group of analysts have been working for at least three decades to produce a more careful picture of the relationship between innovation and the economy. A distinguished vanguard of this group has recently published a collection of case studies that illuminates our understanding of innovation and inequality—which is the title of the book. The book is edited by Susan Cozzens and Dhanaraj Thakur. Cozzens is a professor in the School of Public Policy and Vice Provost of Academic Affairs at Georgia Tech. She has studied innovation and inequality long before inequality was a hot topic and led the group that collaborated on this book. Thakur is a faculty member of the school College of Public Service and Urban Affairs at Tennessee State University (while writing the book he taught at the University of West Indies in Jamaica). He is an original and sensible voice in the study of social dimensions of communication technologies.

We’d like to highlight here three aspects of the book: the research design, the empirical focus, and the conceptual framework developed from the case studies in the book.

Edited volumes are all too often a collection of disparate papers, but not in this case. This book is patently the product of a research design that probes the evolution of a set of technologies across a wide variety of national settings and, at the same time, it examines the different reactions to new technologies within specific countries. The second part of the book devotes five chapters to study five emerging technologies—recombinant insulin, genetically modified corn, mobile phones, open-source software, and tissue culture—observing the contrasts and similarities of their evolution in different national environments. In turn, part three considers the experience of eight countries, four of high income—Canada, Germany, Malta, and the U.S.—and four of medium or low income—Argentina, Costa Rica, Jamaica, and Mozambique. The stories in part three tell how these countries assimilated these diverse technologies into to their economies and policy environments.

The second aspect to highlight is the deliberate choice of elements for empirical focus. First, the object of inquiry is not all of technology but a discreet set of emerging technologies gaining a specificity that would otherwise be negated if they were to handle the unwieldy concept of “technology” broadly construed. At the same time, this choice reveals the policy orientation of the book because these new entrants have just started to shape the socio-technical spaces they inhabit while the spaces of older technologies have likely ossified. Second, the study offers ample variance in terms of jurisdictions under study, i.e. countries of all income levels; a decision that makes at the same time theory construction more difficult and the test of general premises more robust.[i] We can add that the book avoids sweeping generalizations. Third, they focus on technological projects and their champions, a choice that increases the rigor of the empirical analysis. This choice, naturally, narrows the space of generality but the lessons are more precise and the conjectures are presented with according modesty. The combination of a solid design and clear empirical focus allow the reader to obtain a sense of general insight from the cases taken together that could not be derived from any individual case standing alone.

Economic and technology historians have tackled the effects of technological advancement, from the steam engine to the Internet, but those lessons are not easily applicable to the present because emerging technologies intimate at a different kind of reconfiguration of economic and social structures. It is still too early to know the long-term effects of new technologies like genetically modified crops or mobile phone cash-transfers, but this book does a good job providing useful concepts that begin to form an analytical framework. In addition, the mix of country case studies subverts the disciplinary separation between the economics of innovation (devoted mostly to high-income countries) and development studies (interested in middle and low income economies). As a consequence of these selections, the reader can draw lessons that are likely to apply to technologies and countries other than the ones discussed in this book.

The third aspect we would like to underscore in this review is the conceptual framework. Cozzens, Thakur and their colleagues have done a service to anyone interested in pursuing the empirical and theoretical analysis of innovation and inequality.

For these authors, income distribution is only one part of the puzzle. They observe that inequalities are also part of social, ethnic, and gender cleavages in society. Frances Stewart, from Oxford University, introduced the notion of horizontal inequalities or inequalities at the social group level (for instance, across ethnic groups or genders). She developed the concept to contrast vertical inequalities or inequalities operating at the individual level (such as household income or wealth). The authors of this book borrow Stewart’s concept and pay attention to horizontal inequalities in the technologies they examine and observe that new technologies enter marketplaces that are already configured under historical forms of exclusion. A dramatic example is the lack of access to recombinant insulin in the U.S., because it is expensive and minorities are less likely to have health insurance (see Table 3.1 in p. 80).[ii] Another example is how innovation opens opportunities for entrepreneurs but closes them for women in cultures that systematically exclude women from entrepreneurial activities.

Another key concept is that of complementary assets. A poignant example is the failure of recombinant insulin to reach poor patients in Mozambique who are sent home with old medicine even though insulin is subsidized by the government. The reason why doctors deny the poor the new treatment is that they don’t have the literacy and household resources (e.g. a refrigerator, a clock) necessary to preserve the shots, inject themselves periodically, and read sugar blood levels. Technologies aimed at fighting poverty require complementary assets to be already in place and in the absence of them, they fail to mitigate suffering and ultimately ameliorate inequality. Another illustration of the importance of complementary assets is given by the case of Open Source Software. This technology has a nominal price of zero; however, only individuals who have computers and the time, disposition, and resources to learn how to use open source operative systems benefit. Likewise, companies without the internal resources to adapt open software will not adopt it and remain economically tied to proprietary software.

These observations lead to two critical concepts elaborated in the book: distributional boundaries and the inequalities across technological transitions. Distributional boundaries refer to the reach of the benefits of new technologies, boundaries that could be geographic (as in urban/suburban or center/periphery) or across social cleavages or incomes levels. Standard models of technological diffusion assume the entire population will gradually adopt a new technology, but in reality the authors observe several factors intervene in limiting the scope of diffusion to certain groups. The most insidious factors are monopolies that exercise sufficient control over markets to levy high prices. In these markets, the price becomes an exclusionary barrier to diffusion. This is quite evident in the case of mobile phones (see table 5.1, p. 128) where monopolies (or oligopolies) have market power to create and maintain a distributional boundary between post-pay and high-quality for middle and high income clients and pre-pay and low-quality for poor customers. This boundary renders pre-pay plans doubly regressive because the per-minute rates are higher than post-pay and phone expenses represent a far larger percentage in poor people’s income. Another example of exclusion happens in GMOs because in some countries subsistence farmers cannot afford the prices for engineering seeds; a disadvantage that compounds to their cost and health problems as they have to use more and stronger pesticides.

A technological transition, as used here, is an inflection point in the adoption of a technology that re-shapes its distributional boundaries. When smart phones were introduced, a new market for second-hand or hand-down phones was created in Maputo; people who could not access the top technology get stuck with a sub-par system. By looking at tissue culture they find that “whether it provides benefits to small farmers as well as large ones depends crucially on public interventions in the lower-income countries in our study” (p. 190). In fact, farmers in Costa Rica enjoy much better protections compare to those in Jamaica and Mozambique because the governmental program created to support banana tissue culture was designed and implemented as an extension program aimed at disseminating know-how among small-farmers and not exclusively to large multinational-owned farms. When introducing the same technology, because of this different policy environment, the distributional boundaries were made much more extensive in Costa Rica.

This is a book devoted to present the complexity of the innovation-inequality link. The authors are generous in their descriptions, punctilious in the analysis of their case studies, and cautious and measured in their conclusions. Readers who seek an overarching theory of inequality, a simple story, or a test of causality, are bound to be disappointed. But those readers may find the highest reward from carefully reading all the case studies presented in this book, not only because of the edifying richness of the detail herein but also because they will be invited to rethink the proper way to understand and address the problem of inequality.[iii]
 

An academic-industrial partnership published last January in the prestigious journal Nature the results of the development of antibiotic teixobactin. The reported work is still at an early preclinical stage but it is nevertheless good news. Over the last decades the introduction of new antibiotics has slowed down nearly to a halt and over the same period we have seen a dangerous increase in antibiotic resistant bacteria.

Such is the magnitude of the problem that it has attracted the attention of the U.S. government. Accepting several recommendations presented by the President’s Council of Advisors on Science and Technology (PCAST) in their comprehensive report, the Obama Administration issued last September an Executive Order establishing an interagency Task Force for combating antibiotic resistant bacteria and directing the Secretary of Human and Health Services (HHS) to establish an Advisory Council on this matter. More recently the White House issued a strategic plan to tackle this problem.

Etiology of antibiotic resistance

Infectious diseases have been a major cause of morbidity and mortality from time immemorial. The early discovery of sulfa drugs in the 1930s and then antibiotics in the 1940s significantly aided the fight against these scourges. Following World War II society experienced extraordinary gains in life expectancy and overall quality of life. During that period, marked by optimism, many people presumed victory over infectious diseases. However, overuse of antibiotics and a slowdown of innovation, allowed bacteria to develop resistance at such a pace that some experts now speak of a post-antibiotic era.

The problem is manifold: overuse of antibiotics, slow innovation, and bacterial evolution.

The overuse of antibiotics in both humans and livestock also facilitated the emergence of antibiotic resistant bacteria. Responsibility falls to health care providers who prescribed antibiotics liberally and patients who did not complete their prescribed dosages. Acknowledging this problem, the medical community has been training physicians to avoid pressures to prescribe antibiotics for children (and their parents) with infections that are likely to be viral in origin. Educational efforts are also underway to encourage patients to complete their full course of every prescribed antibiotic and not to halt treatment when symptoms ease. The excessive use of antibiotics in food-producing animals is perhaps less manageable because it affects the bottom line of farm operations. For instance, the FDA reported that even though famers were aware of the risks, antibiotics use in feedstock increased by 16 percent from 2009 to 2012.

The development of antibiotics—perhaps a more adequate term would be anti-bacterial agents—indirectly contributed to the problem by being incremental and by nearly stalling two decades ago. Many revolutionary innovations in antibiotics were introduced in a first period of development that started in the 1940s and lasted about two decades. Building upon scaffolds and mechanisms discovered theretofore, a second period of incremental development followed over three decades, through to 1990s, with roughly three new antibiotics introduced every year. High competition and little differentiations rendered antibiotics less and less profitable and over a third period covering the last 20 years pharmaceutical companies have cut development of new antibiotics down to a trickle.

The misguided overuse and misuse of antibiotics together with the economics of antibiotic innovation compounded the problem taking place in nature: bacteria evolves and adapts rapidly.

Current policy initiatives

The PCAST report recommended federal leadership and investment to combat antibiotic-resistant bacteria in three areas: improving surveillance, increasing the longevity of current antibiotics through moderated usage, and picking up the pace of development of new antibiotics and other effective interventions.

To implement this strategy PCAST suggested an oversight structure that includes a Director for National Antibiotic Resistance Policy, an interagency Task Force for Combating Antibiotic Resistance Bacteria, and an Advisory Council to be established by the HHS Secretary. PCAST also recommended increasing federal support from $450 million to $900 million for core activities such as surveillance infrastructure and development of transformative diagnostics and treatments. In addition, it proposed $800 million in funding for the Biomedical Advanced Research and Development Authority to support public-private partnerships for antibiotics development.

The Obama administration took up many of these recommendations and directed their implementation with the aforementioned Executive Order. More recently, it announced a National Strategy for Combating Antibiotic Resistant Bacteria to implement the recommendations of the PCAST report. The national strategy has five pillars: First, slow the emergence and spread of resistant bacteria by decreasing the abusive usage of antibiotics in health care as well as in farm animals; second, establish national surveillance efforts that build surveillance capability across human and animal environments; third, advance development and usage of rapid and innovative diagnostics to provide more accurate care delivery and data collection; forth, seek to accelerate the invention process for new antibiotics, other therapeutics and vaccines across all stages, including basic and applied research and development; finally, emphasize the importance of international collaboration and endorse the World Health Organization Action Plan to address antimicrobial resistance.

University-Industry partnerships

Therefore, an important cause of our antibiotic woes seems to be driven by economic logic. On one hand, pharmaceutical companies have by and large abandoned investment in antibiotic development; competition and high substitutability have led to low prices and in their financial calculation, pharmaceutical companies cannot justify new developmental efforts. On the other hand, farmers have found the use of antibiotics highly profitable and thus have no financial incentives to halt their use.

There is nevertheless a mirror explanation of a political character.

The federal government allocates about $30 billion for research in medicine and health through the National Institutes of Health. The government does not seek to crowd out private research investment; rather, the goal is to fund research the private sector would not conduct because the financial return of that research is too uncertain. Economic theory prescribes government intervention to address this kind of market failure. However, it is also government policy to privatize patents to discoveries made with public monies in order to facilitate their transfer from public to private organizations. An unanticipated risk of this policy is the rebalancing of the public research portfolio to accommodate the growing demand for the kind of research that feeds into attractive market niches. The risk is that the more aligned public research and private demand become, the less research attention will be directed to medical needs without great market prospects. The development of new antibiotics seems to be just that kind of neglected medical public need. If antibiotics are unattractive to pharmaceutical companies, antibiotic development should be a research priority for the NIH. We know that it is unlikely that Congress will increase public spending for antibiotic R&D in the proportion suggested by PCAST, but the NIH could step in and rebalance its own portfolio to increase antibiotic research. Either increasing NIH funding for antibiotics or NIH rebalancing its own portfolio, are political decisions that are sure to meet organized resistance even stronger than antibiotic resistance.

The second mirror explanation is that farmers have a well-organized lobby. It is no surprise that the Executive Order gingerly walks over recommendations for the farming sector and avoid any hint at an outright ban of antibiotics use, lest the administration is perceived as heavy-handed. Considering the huge magnitude of the problem, a political solution is warranted. Farmers’ cooperation in addressing this national problem will have to be traded for subsidies and other extra-market incentives that compensate for loss revenues or higher costs. The administration will do well to work out the politics with farmer associations first before they organize in strong opposition to any measure to curb antibiotic use in feedstock.

Addressing this challenge adequately will thus require working out solutions to the economic and political dimensions of this problem. Public-private partnerships, including university-industry collaboration, could prove to be a useful mechanism to balance the two dimensions of the equation. The development of teixobactin mentioned above is a good example of this prescription as it resulted from collaboration between the university of Bonn Germany, Northeastern University, and Novobiotic Pharmaceutical, a start-up in Cambridge Mass.

If the NIH cannot secure an increase in research funding for antibiotics development and cannot rebalance substantially its portfolio, it can at least encourage Cooperative Research and Development Agreements as well as university start-ups devoted to develop new antibiotics. In order to promote public-private and university-industry partnerships, policy coordination is advised. The nascent enterprises will be assisted greatly if the government can help them raise capital connecting them to venture funding networks or implementing a loan guarantees programs specific to antibiotics.  It can also allow for an expedited FDA approval which would lessen the regulatory burden. Likewise, farmers may be convinced to discontinue the risky practice if innovation in animal husbandry can effectively replace antibiotic use. Public-private partnerships, particularly through university extension programs, could provide an adequate framework to test alternative methods, scale them up, and subsidize the transition to new sustainable practices that are not financially painful to farmers.

Yikun Chi contributed to this post

More TechTank content available here

Technical change is advancing at a breakneck speed while the institutions that govern innovative activity slog forward trying to keep pace. The lag has created a need for reform in the governance of innovation. Reformers who focus primarily on the social benefits of innovation propose to unmoor the innovative forces of the market. Conversely, those who deal mostly with innovation’s social costs wish to constrain it by introducing regulations in advance of technological developments. In this paper, Walter Valdivia and David Guston argue for a different approach to reform the governance of innovation that they call "Responsible Innovation" because it seeks to imbue in the actors of the innovation system a more robust sense of individual and collective responsibility.

Responsible innovation appreciates the power of free markets in organizing innovation and realizing social expectations but is self-conscious about the social costs that markets do not internalize. At the same time, the actions it recommends do not seek to slow down innovation because they do not constrain the set of options for researchers and businesses, they expand it. Responsible innovation is not a doctrine of regulation and much less an instantiation of the precautionary principle. Innovation and society can evolve down several paths and the path forward is to some extent open to collective choice. The aim of a responsible governance of innovation is to make that choice more consonant with democratic principles.

Valdivia and Guston illustrate how responsible innovation can be implemented with three practical initiatives: 

1. Industry: Incorporating values and motivations to innovation decisions that go beyond the profit motive could help industry take on a long-view of those decisions and better manage its own costs associated with liability and regulation, while reducing the social cost of negative externalities. Consequently, responsible innovation should be an integral part of corporate social responsibility, considering that the latter has already become part of the language of business, from the classroom to the board room, and that is effectively shaping, in some quarters, corporate policies and decisions.
2. Universities and National Laboratories: Centers for Responsible Innovation, fashioned after the institutional reform of Internal Review Boards to protect human subjects in research and the Offices of Technology Transfer created to commercialize academic research, could organize existing responsible innovation efforts at university and laboratory campuses. These Centers would formalize the consideration of impacts of research proposals on legal and regulatory frameworks, economic opportunity and inequality, sustainable development and the environment, as well as ethical questions beyond the integrity of research subjects.
3. Federal Government: Federal policy should improve its protections and support of scientific research while providing mechanisms of public accountability for research funding agencies and their contractors. Demanding a return on investment for every research grant is a misguided approach that devalues research and undermines trust between Congress and the scientific community. At the same time, scientific institutions and their advocates should improve public engagement and demonstrate their willingness and ability to be responsive to societal concerns and expectations about the public research agenda. Second, if scientific research is a public good, by definition, markets are not effective commercializing it. New mechanisms to develop practical applications from federal research with little market appeal should be introduced to counterbalance the emphasis the current technology transfer system places on research ready for the market. Third, federal innovation policy needs to be better coordinated with other federal policy, including tax, industrial, and trade policy as well as regulatory regimes. It should also improve coordination with initiatives at the local and state level to improve the outcomes of innovation for each region, state, and metro area.

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Universities cash handsome awards on infringement cases

Last month, a jury found Apple Inc. guilty of infringing a patent of the University of Wisconsin-Madison (UW) and ordered the tech giant to pay $234 million. The university scored a big financial victory, but this hardly meant any gain for the good name of the university.

The plaintiffs argued successfully in court that Apple infringed their 1998 patent on a predictor circuit that greatly improved the efficiency of microchips used in the popular iPhone 5s, 6, and 6 Plus. Apple first responded by challenging the validity of the patent, but the US Patent and Trademark Office ruled in favor of the university. Apple plans to appeal, but the appellate court is not likely to reverse the lower court’s decision.

This is not the first time this university has asserted its patents rights (UW sued Intel in 2008 for this exact same patent and reportedly settled for $110 million). Nor is this the first time universities in general have taken infringers to court. Prominent cases in recent memory include Boston University, which sued several companies for infringement of a patent for blue light-emitting diodes and settled out of court with most of them, and Carnegie Mellon, who was awarded $237 million by the federal appellate court on its infringement suit against Marvell, a semiconductor company, for its use of an enhanced detector of data in hard drives called Kavcic detectors.

Means not always aligned with aims in patent law

When university inventions emerge from federal research grants, universities can also sue the infringers, but in those cases they would be testing the accepted interpretations of current patent law.

The Bayh-Dole Act of 1980 extended patent law and gave small-business and universities the right to take title to patents from federal grants—later it was amended to extend the right to all federal grantees regardless of size. The ostensible aim of this act is to “to promote the utilization of inventions arising from federally supported research or development.” Under the law, a condition for universities to keep their exclusive rights on those patents is that they or their licensees take “effective steps to achieve practical application” of those patents. Bayh-Dole was not designed to create a new source of revenue for universities. If companies are effectively using university technologies, Bayh-Dole’s purpose is served without need of the patents.

To understand this point, consider a counterfactual: What if the text of Bayh-Dole had been originally composed to grant a conditional right to patents for federal research grantees? The condition could be stated like this: “This policy seeks to promote the commercialization of federally funded research and to this end it will use the patent system. Grantees may take title to patents if and only if other mechanisms for disseminating and developing those inventions into useful applications prove unsuccessful.” Under this imagined text, the universities could still take title to patents on their inventions if they or the U.S. Patent and Trademark Office were not aware that the technologies were being used in manufactures.

But no court would find their infringement claim meritorious if the accused companies could demonstrate that, absent of willful infringement, they had in fact used the technologies covered by university patents in their commercial products. In this case, other mechanisms for disseminating and developing the technologies would have proven successful indeed. The reality that Bayh-Dole did not mandate such a contingent assignation of rights creates a contradiction between its aims and the means chosen to advance those aims for the subset of patents that were already in use by industry.

I should clarify that the predictor circuit, the blue-light diode, and the Kavcic detectors are not in that subset of patents. But even in they were, there is no indication that the University of Wisconsin-Madison would have exercised its patent rights with any less vigor just because the original research was funded by public funds. Today, it is fully expected from universities to aggressively assert their patent rights regardless of the source of funding for the original research.

You can have an answer for every question and still lose the debate

It is this litigious attitude that puts off many observers. While the law may very well allow universities to be litigious, universities could still refuse to exercise their rights under circumstances in which those rights are not easily reconciled with the public mission of the university.

Universities administrators, tech transfer personnel, and particularly the legal teams winning infringement cases have legitimate reasons to wonder why universities are publicly scorned. After all, they are acting within the law and simply protecting their patent rights; they are doing what any rational person would do. They may be really surprised when critics accuse universities of becoming allies of patent trolls, or of aiding and abetting their actions. Such accusations are unwarranted. Trolls are truants; the universities are venerable institutions. Patent trolls would exploit the ambiguities of patent law and the burdens of due process to their own benefit and to the detriment of truly productive businesses and persons. In stark contrast, universities are long established partners of democracy, respected beyond ideological divides for their abundant contributions to society.

The critics may not be fully considering the intricacies of patent law. Or they may forget that universities are in need of additional revenue—higher education has not seen public financial support increase in recent years, with federal grants roughly stagnated and state funding falling drastically in some states. Critics may also ignore that revenues collected from licensing of patents, favorable court rulings, and out-of-court settlements, are to a large extent (usually two thirds of the total) plugged back into the research enterprise.

University attorneys may have an answer for every point that critics raise, but the overall concern of critics should not be dismissed outright. Given that many if not most university patents can be traced back to research funded by tax dollars, there is a legitimate reason for observers to expect universities to manage their patents with a degree of restraint. There is also a legitimate reason for public disappointment when universities do not seem to endeavor to balance the tensions between their rights and duties.

Substantive steps to improve the universities’ public image

Universities can become more responsive to public expectations about their character not only by promoting their good work, but also by taking substantive steps to correct misperceptions.

First, when universities discover a case of proven infringement, they should take companies to court as a measure of last resort. If a particular company refuses to negotiate in good faith and an infringement case ends up in court, the universities should be prepared to demonstrate to the court of public opinion that they have tried, with sufficient insistence and time, to negotiate a license and even made concessions in pricing the license. In the case of the predictor circuit patent, it seems that the University of Wisconsin-Madison tried to license the technology and Apple refused, but the university would be in a much better position if it could demonstrate that the licensing deals offered to Apple would have turned to be far less expensive for the tech company.

Second, universities would be well advised not to join any efforts to lobby Congress for stronger patent protection. At least two reasons substantiate this suggestion. First, as a matter of principle, the dogmatic belief that without patents there is no innovation is wrong. Second, as a matter of material interest, universities as a group do not have a financial interest in patenting. It’s worth elaborating these points a bit more.

Neither historians nor social science researchers have settled the question about the net effects of patents on innovation. While there is evidence of social benefits from patent-based innovation, there is also evidence of social costs associated with patent-monopolies, and even more evidence of momentous innovations that required no patents. What’s more, the net social benefit varies across industries and over time. Research shows economic areas in which patents do spur innovation and economic sectors where it actually hinders them. This research explains, for instance, why some computer and Internet giants lobby Congress in the opposite direction to the biotech and big pharma industries. Rigorous industrial surveys of the 1980s and 1990s found that companies in most economic sectors did not use patents as their primary tool to protect their R&D investments.

Yet patenting has increased rapidly over the past four decades. This increase includes industries that once were uninterested in patents. Economic analyses have shown that this new patenting is a business strategy against patent litigation. Companies are building patent portfolios as a defensive strategy, not because they are innovating more. The university’s public position on patent policy should acknowledge that the debate on the impact of patents on innovation is not settled and that this impact cannot be observed in the aggregate, but must be considered in the context of each specific economic sector, industry, or even market. From this vantage point, universities could then turn up or down the intensity with which they negotiate licenses and pursue compensation for infringement. Universities would better assert their commitment to their public mission if they compute on a case by case basis the balance between social benefits and costs for each of its controversial patents.

As to the material interest in patents, it is understandable that some patent attorneys or the biotech lobby publicly espouse the dogma of patents, that there is no innovation without patents. After all, their livelihood depends on it. However, research universities as a group do not have any significant financial interest in stronger patent protection. As I have shown in a previous Brookings paper, the vast majority of research universities earn very little from their patent portfolios and about 87% of tech transfer offices operate in the red. Universities as a group receive so little income from licensing and asserting their patents relative to the generous federal support (below 3%), that if the federal government were to declare that grant reviewers should give a preference to universities that do not patent, all research universities would stop the practice at once. It is true that a few universities (like the University of Wisconsin-Madison) raise significant revenue from their patent portfolio, and they will continue to do so regardless of public protestations. But the majority of universities do not have a material interest in patenting.

Time to get it right on anti-troll legislation

Last year, the House of Representative passed legislation closing loopholes and introducing disincentives for patent trolls. Just as mirror legislation was about to be considered in the Senate, Sen. Patrick Leahy withdrew it from the Judiciary Committee. It was reported that Sen. Harry Reid forced the hand of Mr. Leahy to kill the bill in committee. In the public sphere, the shrewd lobbying efforts to derail the bill were perceived to be pro-troll interests. The lobbying came from pharmaceutical companies, biotech companies, patent attorneys, and, to the surprise of everyone, universities.  Little wonder that critics overreacted and suggested universities were in partnership with trolls: even if they were wrong, these accusations stung.

University associations took that position out of a sincere belief in the dogma of patents and out of fear that the proposed anti-troll legislation limited their ability to sue patent infringers. However, their convictions stand on shaky ground and their material interests are not those of the vast majority of universities.

A reversal of that position is not only possible, but would be timely. When anti-troll legislation is again introduced in Congress, universities should distance themselves from efforts to protect the policy status quo that so benefits patent trolls. It is not altogether improbable that Congress sees fit to exempt universities from some of the requirements that the law would impose. University associations could show Congress the merit of such exemptions in consideration of the universities’ constant and significant contributions to states, regions, and the nation. However, no such concessions could ever be expected if the universities continue to place themselves in the company of those who profit from patent management.

No asset is more valuable for universities than their prestige. It is the ample recognition of their value in society that guarantees tax dollars will continue to flow into universities. While acting legally to protect their patent rights, universities are nevertheless toying with their own legitimacy. Let those universities that stand to gain from litigation act in their self-interest, but do not let them speak for all universities. When university associations advocate for stronger patent protection, they do the majority of universities a disservice. These associations should better represent the interests of all their members by advocating a more neutral position about patent reform, by publicly praising universities’ restraint on patent litigation, and by promoting a culture and readiness in technology transfer offices to appraise each patent not by its market value but by its social value. At the same time, the majority of universities that obtain neither private nor social benefits from patenting should press their political representatives to adopt a more balanced approach to policy advocacy, lest they squander the reputation of the entire university system.

This post originally appeared on the Center for Technology Innovation’s TechTank blog.

Universities cash handsome awards on infringement cases

This October, a jury found Apple Inc. guilty of infringing a patent of the University of Wisconsin-Madison (UW) and ordered the tech giant to pay $234 million. The university scored a big financial victory, but this hardly meant any gain for the good name of the university.

The plaintiffs argued successfully in court that Apple infringed their 1998 patent on a predictor circuit that greatly improved the efficiency of microchips used in the popular iPhone 5s, 6, and 6 Plus. Apple first responded by challenging the validity of the patent, but the US Patent and Trademark Office ruled in favor of the university. Apple plans to appeal, but the appellate court is not likely to reverse the lower court’s decision.

This is not the first time this university has asserted its patents rights (UW sued Intel in 2008 for this exact same patent and reportedly settled for $110 million). Nor is this the first time universities in general have taken infringers to court. Prominent cases in recent memory include Boston University, which sued several companies for infringement of a patent for blue light-emitting diodes and settled out of court with most of them, and Carnegie Mellon, who was awarded $237 million by the federal appellate court on its infringement suit against Marvell, a semiconductor company, for its use of an enhanced detector of data in hard drives called Kavcic detectors.

Means not always aligned with aims in patent law

When university patented inventions emerge from federal research grants, infringement suits test the accepted interpretations of current patent law.

The Bayh-Dole Act of 1980 extended patent law and gave small-business and universities the right to take title to patents from federal research grants—later it was amended to extend the right to all federal grantees regardless of size. The ostensible aim of this act is to “to promote the utilization of inventions arising from federally supported research or development.” Under the law, a condition for universities (or any other government research performers) to keep their exclusive rights on those patents is that they or their licensees take “effective steps to achieve practical application” of those patents. Bayh-Dole was not designed to create a new source of revenue for universities. If companies are effectively using university technologies, Bayh-Dole’s purpose is served without need of patents.

To understand this point, consider a counterfactual: What if the text of Bayh-Dole had been originally composed to grant a conditional right to patents for federal research grantees? The condition could be stated like this: “This policy seeks to promote the commercialization of federally funded research and to this end it will use the patent system. Grantees may take title to patents if and only if other mechanisms for disseminating and developing those inventions into useful applications prove unsuccessful.” Under this imagined text, the universities could still take title to patents on their inventions if they or the U.S. Patent and Trademark Office were not aware that the technologies were being used in manufactures.

But no court would find their infringement claim meritorious if the accused companies could demonstrate that, absent of willful infringement, they had in fact used the technologies covered by university patents in their commercial products. In this case, other mechanisms for disseminating and developing the technologies would have proven successful indeed. The reality that Bayh-Dole did not mandate such a contingent assignation of rights creates a contradiction between its aims and the means chosen to advance those aims for the subset of patents that were already in use by industry.

I should remark that UW’s predictor circuit resulted from grants from NSF and DARPA and there is no indication that the university exercised its patent rights with any less vigor just because the original research was funded by public funds. In fact, it is fully expected from universities to aggressively assert their patent rights regardless of the source of funding for the original research.

You can have an answer for every question and still lose the debate

It is this litigious attitude that puts off many observers. While the law may very well allow universities to be litigious, universities could still refuse to exercise their rights under circumstances in which those rights are not easily reconciled with the public mission of the university.

Universities administrators, tech transfer personnel, and particularly the legal teams winning infringement cases have legitimate reasons to wonder why universities are publicly scorned. After all, they are acting within the law and simply protecting their patent rights; they are doing what any rational person would do. They may be really surprised when critics accuse universities of becoming allies of patent trolls, or of aiding and abetting their actions. Such accusations are unwarranted. Trolls are truants; the universities are venerable institutions. Patent trolls would exploit the ambiguities of patent law and the burdens of due process to their own benefit and to the detriment of truly productive businesses and persons. In stark contrast, universities are long established partners of democracy, respected beyond ideological divides for their abundant contributions to society.

The critics may not be fully considering the intricacies of patent law. Or they may forget that universities are in need of additional revenue—higher education has not seen public financial support increase in recent years, with federal grants roughly stagnated and state funding falling drastically in some states. Critics may also ignore that revenues collected from licensing of patents, favorable court rulings, and out-of-court settlements, are to a large extent (usually two thirds of the total) plugged back into the research enterprise.

University attorneys may have an answer for every point that critics raise, but the overall concern of critics should not be dismissed outright. Given that many if not most university patents can be traced back to research funded by tax dollars, there is a legitimate reason for observers to expect universities to manage their patents with a degree of restraint. There is also a legitimate reason for public disappointment when universities do not seem to endeavor to balance the tensions between their rights and duties.

Substantive steps to improve the universities’ public image

Universities can become more responsive to public expectations about their character not only by promoting their good work, but also by taking substantive steps to correct misperceptions.

First, when universities discover a case of proven infringement, they should take companies to court as a measure of last resort. If a particular company refuses to negotiate in good faith and an infringement case ends up in court, the universities should be prepared to demonstrate to the court of public opinion that they have tried, with sufficient insistence and time, to negotiate a license and even made concessions in pricing the license. In the case of the predictor circuit patent, it seems that the University of Wisconsin-Madison tried to license the technology and Apple refused, but the university would be in a much better position if it could demonstrate that the licensing deals offered to Apple would have turned to be far less expensive for the tech company.

Second, universities would be well advised not to join any efforts to lobby Congress for stronger patent protection. At least two reasons substantiate this suggestion. First, as a matter of principle, the dogmatic belief that without patents there is no innovation is wrong. Second, as a matter of material interest, universities as a group do not have a financial interest in patenting. It’s worth elaborating these points a bit more.

Neither historians nor social science researchers have settled the question about the net effects of patents on innovation. While there is evidence of social benefits from patent-based innovation, there is also evidence of social costs associated with patent-monopolies, and even more evidence of momentous innovations that required no patents. What’s more, the net social benefit varies across industries and over time. Research shows economic areas in which patents do spur innovation and economic sectors where it actually hinders them. This research explains, for instance, why some computer and Internet giants lobby Congress in the opposite direction to the biotech and big pharma industries. Rigorous industrial surveys of the 1980s and 1990s found that companies in most economic sectors did not use patents as their primary tool to protect their R&D investments.

Yet patenting has increased rapidly over the past four decades. This increase includes industries that once were uninterested in patents. Economic analyses have shown that this new patenting is a business strategy against patent litigation. Companies are building patent portfolios as a defensive strategy, not because they are innovating more. The university’s public position on patent policy should acknowledge that the debate on the impact of patents on innovation is not settled and that this impact cannot be observed in the aggregate, but must be considered in the context of each specific economic sector, industry, or even market. From this vantage point, universities could then turn up or down the intensity with which they negotiate licenses and pursue compensation for infringement. Universities would better assert their commitment to their public mission if they compute on a case by case basis the balance between social benefits and costs for each of its controversial patents.

As to the material interest in patents, it is understandable that some patent attorneys or the biotech lobby publicly espouse the dogma of patents, that there is no innovation without patents. After all, their livelihood depends on it. However, research universities as a group do not have any significant financial interest in stronger patent protection. As I have shown in a previous Brookings paper, the vast majority of research universities earn very little from their patent portfolios and about 87% of tech transfer offices operate in the red. Universities as a group receive so little income from licensing and asserting their patents relative to the generous federal support (below 3%), that if the federal government were to declare that grant reviewers should give a preference to universities that do not patent, all research universities would stop the practice at once. It is true that a few universities (like the University of Wisconsin-Madison) raise significant revenue from their patent portfolio, and they will continue to do so regardless of public protestations. But the majority of universities do not have a material interest in patenting.

Time to get it right on anti-troll legislation

Last year, the House of Representative passed legislation closing loopholes and introducing disincentives for patent trolls. Just as mirror legislation was about to be considered in the Senate, Sen. Patrick Leahy withdrew it from the Judiciary Committee. It was reported that Sen. Harry Reid forced the hand of Mr. Leahy to kill the bill in committee. In the public sphere, the shrewd lobbying efforts to derail the bill were perceived to be pro-troll interests. The lobbying came from pharmaceutical companies, biotech companies, patent attorneys, and, to the surprise of everyone, universities.  Little wonder that critics overreacted and suggested universities were in partnership with trolls: even if they were wrong, these accusations stung.

University associations took that position out of a sincere belief in the dogma of patents and out of fear that the proposed anti-troll legislation limited the universities’ ability to sue patent infringers. However, their convictions stand on shaky ground and only a few universities sue for infringement. In taking that policy position, university associations are representing neither the interests nor the beliefs of the vast majority of universities.

A reversal of that position is not only possible, but would be timely. When anti-troll legislation is again introduced in Congress, universities should distance themselves from efforts to protect the policy status quo that so benefits patent trolls. It is not altogether improbable that Congress sees fit to exempt universities from some of the requirements that the law would impose. University associations could show Congress the merit of such exemptions in consideration of the universities’ constant and significant contributions to states, regions, and the nation. However, no such concessions could ever be expected if the universities continue to place themselves in the company of those who profit from patent management.

No asset is more valuable for universities than their prestige. It is the ample recognition of their value in society that guarantees tax dollars will continue to flow into universities. While acting legally to protect their patent rights, universities are nevertheless toying with their own legitimacy. Let those universities that stand to gain from litigation act in their self-interest, but do not let them speak for all universities. When university associations advocate for stronger patent protection, they do the majority of universities a disservice. These associations should better represent the interests of all their members by advocating a more neutral position about patent reform, by publicly praising universities’ restraint on patent litigation, and by promoting a culture and readiness in technology transfer offices to appraise each patent not by its market value but by its social value. At the same time, the majority of universities that obtain neither private nor social benefits from patenting should press their political representatives to adopt a more balanced approach to policy advocacy, lest they squander the reputation of the entire university system.

Editor's Note: The post was corrected to state that UW’s predictor circuit did originate from federally funded research.

International development debates of the last four decades have ascribed ever greater importance to intellectual property rights (IPRs). There has also been a significant effort on the part of the U.S. to encourage its trade partners to introduce and enforce patent law modeled after American intellectual property law. Aside from a discussion on the impact of patents on innovation, there are some important consequences of international harmonization regarding the obduracy of the terms of trade agreements.

The position of the State Department on patents when negotiating trade agreements has consistently been one of defending stronger patent protection. However, the high-tech sector is under reorganization, and the most innovative industries today have strong disagreements about the value of patents for innovation. This situation begs the question as to why the national posture on patent law is so consistent in favor of industries such as pharmaceuticals or biotech to the detriment of software developers and Internet-based companies.

The State Department defends this posture, arguing that the U.S. has a comparative advantage in sectors dependent on patent protection. Therefore, to promote exports, our national trade policy should place incentives for partners to come in line with national patent law. This posture will become problematic when America’s competitive advantage shifts to sectors that find patents to be a hindrance to innovation, because too much effort will have already been invested in twisting the arm of our trade partners. It will be hard to undo those chapters in trade agreements particularly after our trade partners have taken pains in passing laws aligned to American law.

Related to the previous concern, the policy inertia effect and inflexibility applies to domestic policy as much as it does to trade agreements. When other nations adopt policy regimes following the American model, advocates of stronger patent protection will use international adoption as an argument in favor of keeping the domestic policy status quo. The pressure we place on our trade partners to strengthen patent protection (via trade agreements and other mechanisms like the Special 301 Report) will be forgotten. Advocates will present those trade partners as having adopted the enlightened laws of the U.S., and ask why American lawmakers would wish to change law that inspires international emulation. Innovation scholar Timothy Simcoe has correctly suggested that harmonization creates inflexibility in domestic policy. Indeed, in a not-too-distant future the rapid transformation of the economy, new big market players, and emerging business models may give policymakers the feeling that we are stuck in a patent policy rut whose usefulness has expired.

In addition, there are indirect economic effects from projecting national patent law onto trade agreements. If we assume that a club of economies (such as OECD) generate most of the innovation worldwide while the rest of countries simply adopt new technologies, the innovation club would have control over the global supply of high value-added goods and services and be able to preserve a terms-of-trade advantage. In this scenario, stronger patent protection may be in the interest of the innovation club to the extent that their competitive advantage remains in industries dependent of patent protection. But should the world economic order change and the innovation club become specialized in digital services while the rest of the world takes on larger segments of manufactures, the advantage may shift outside the innovation club. This is not a far-fetched scenario. Emerging economies have increased their service economy in addition to their manufacturing capacity; overall they are better integrated in global supply chains. What is more, these emerging economies are growing consumption markets that will become increasingly more relevant globally as they continue to grow faster than rich economies.

What is more, the innovation club will not likely retain a monopoly on global innovation for too long. Within emerging economies, another club of economies is placing great investments in developing innovative capacity. In particular, China, India, Brazil, Mexico, and South Africa (and possibly Russia) have strengthened their innovation systems by expanding public investments in R&D and introducing institutional reforms to foster entrepreneurship. The innovation of this second club may, in a world of harmonized patent law, increase their competitive advantage by securing monopolistic control of key high-tech markets. As industries less reliant on patents flourish and the digital economy transforms US markets, an inflexibly patent policy regime may actually be detrimental to American terms of trade.

I should stress that these kind of political and economic effects of America’s posture on IPRs in trade policy are not merely speculative. Just as manufactures displaced the once dominant agricultural sector, and services in turn took over as the largest sector of the economy, we can fully expect that the digital economy—with its preference for limited use of patents—will become not only more economic relevant, but also more politically influential. The tensions observed in international trade and especially the aforementioned considerations merit revisiting the rationale for America’s posture on intellectual property policy in trade negotiations.

Elsie Bjarnason contributed to this post.

After a recent talk about my ISIS book, one of the audience members asked, “What can I read to help me not hate Islam?” I don’t think it’s a scholar’s job to persuade others to love or hate any culture. But the question was sincere, so I suggested some books that have helped me better understand Islam. I also put the question to Twitter. Below is some of what I and others came up with.

Two cautions before we dive in: First, the list is obviously not exhaustive and I’ve left out overly apologetic books—in my experience, they only increase the skeptical reader’s suspicion that she’s being suckered. Second, people on Twitter gave me great suggestions but I’ve only included those I’ve read and can vouch for:

Muhammad and the Quran: Two of the best books you’ll ever read about Muhammad and the Quran are also the shortest: The Koran: A Very Short Introduction and Muhammad, both by Michael Cook. He writes with great wit and deep scholarship.

Other scriptures: Most non-Muslims are unaware that Islamic scripture is more than the Quran. It includes a vast collection of words and deeds attributed to Muhammad by later authors. These scriptures are sort of like the Gospels, and Muslim scholars fight over their authenticity like Christian scholars debate about the accuracy of Matthew, Mark, Luke, and John. These extra Islamic scriptures contain most of the teachings that make modern people (Muslims included) uncomfortable about Islam. One of the world’s experts on these scriptures, Jonathan Brown, has written a terrific book about them, Misquoting Muhammad.

Rumi: The medieval mystic’s poems about life and death are beautiful and moving, no matter your belief system. I loved his poems so much as an undergrad that I went on to study Middle Eastern languages just so I could read his work in the original. I’m glad I first viewed Islam through the eyes of Rumi and not a group like ISIS. Neither is solely representative of Islam but both draw heavily on its scriptures and reach such different conclusions.

The Bible: Many people recommended reading the Bible to decrease hate of Islam. The nerd in me leapt to the least obvious conclusion, “Ah, good idea! Reading some of the rough stuff in the Hebrew Bible is a good way to put a kindred ancient religion like Islam in perspective.” But they meant something a little less complicated:

@will_mccants @jenanmoussa Read the bible and learn to love and not to hate. :-)

— Dirk Lont (@Denkkracht1) December 12, 2015

It’s a worthy perspective today no matter your faith.

Even before the eruption of anti-Muslim rhetoric in the past several weeks, I had a privileged position from which to observe the deep current of Islamophobia that ran beneath the crust of mainstream politics over the fourteen years since 9/11. Because I work on Islamist extremism, my dad often forwards emails about Americans Muslims he receives from friends to ask if they are true. I don’t blame him for asking: they’re truly scary. Muslims imposing Sharia law over the objections of their fellow Americans. Muslims infiltrating the U.S. government to subvert it. And so on.

But as with most Internet rumors circulated over email, the vast majority of the scary reports aren’t true. Take a peek at the “25 Hottest Urban Legends” on the rumor-busting website Snopes and you’ll see what I mean. The 11th on the list is about Muslim passengers on an AirTran flight that attempted a dry run to bring down a plane (they didn’t). The 15th is about an American Muslim who oversees all U.S. immigration (she just coordinates special naturalization ceremonies). The underlying message is that American Muslims are not to be trusted because of their religion.

One reason these rumors have currency is that most Americans don’t know many of their Muslim neighbors. For all the worry of a Muslim takeover, there are only around 4 million in this country, a little over 1 percent of the total population. Most of them do not live in Republican strongholds, where they are most feared.

[A]s with most Internet rumors circulated over email, the vast majority of the scary reports aren’t true.

Of course, familiarity does not always lessen fears or tensions. But it does complicate easy stories about an unfamiliar culture and those who identify with it. For example, because I’ve worked on counterterrorism in the U.S. government, I’ve never bought the story that American Muslims are infiltrating the U.S. government to subvert it. I’ve simply met too many Muslims in the government working impossible hours to keep this country and its Constitution safe.

American Muslims have their own easy stories to tell about non-Muslims that could use some complicating. Several of my Muslim friends have been surprised at the number of non-Muslim strangers who’ve come up to them and voiced their support. They’re surprised, presumably, because they assume that most non-Muslims in this country agree with Trump's rhetoric, which they don’t.

Some American Muslims view Islamophobia a natural outgrowth of white American racism, religious bigotry, and xenophobia. That easy story may account for some Islamophobia but it ignores something major: actions by Muslims to deliberately set non-Muslims against them. Jihadist groups like al-Qaida and ISIS carry out attacks in this country to create popular backlash against Muslims in hopes of recruiting those who are angered by the backlash. 

Even though most Muslims reject the siren call of the jihadists, the backlash still leads some Muslims to expect the worst of nonbelievers and of the American government. Like the anti-Muslim rumor mill, they spread half-truths about Christian vigilante violence and government plots. For example, at least one prominent religious leader in the American Muslim community has insinuated that the San Bernardino attackers were patsies in a government conspiracy against Muslims. 

My hope is that we’ll all try to be a little less suspicious of one another’s motives and a little more suspicious of the easy stories we tell.

Since it’s the holiday season, I shall indulge in a wish for the New Year. My hope is that we’ll all try to be a little less suspicious of one another’s motives and a little more suspicious of the easy stories we tell. I know the wish is fanciful given the current political climate but I’ve been struck by the number of Americans—Muslim and non-Muslim—who have been willing to confront their biases over the past few weeks and see things from the other side. If our enemies succeed by eroding our empathy for one another, we will succeed by reinforcing and expanding it.

Will McCants: As we wind down another year in the so-called Long War and begin another, it’s a good time to reflect on where we are in the fight against al-Qaida and its bête noire, the Islamic State. Both organizations have benefited from the chaos unleashed by the Arab Spring uprisings but they have taken different paths. Will those paths converge again or will the two organizations continue to remain at odds? Who has the best strategy at the moment? And what political changes might happen in the coming year that will reconfigure their rivalry for leadership of the global jihad?

To answer these questions, I’ve asked some of the leading experts on the two organizations to weigh in over. The first is Barak Mendelsohn, an associate professor of political science at Haverford College and a senior fellow at the Foreign Policy Research Institute (FPRI). He is author of the brand new The al-Qaeda Franchise: The Expansion of al-Qaeda and Its Consequences.

Barak Mendelsohn: Al-Qaida attacked the U.S. homeland on 9/11, unprepared for what would follow. There was a strong disconnect between al-Qaida’s meager capabilities and its strategic objectives of crippling the United States and of bringing about change in the Middle East. To bridge that gap, Osama bin Laden conveniently and unrealistically assumed that the attack on the United States would lead the Muslim masses and all other armed Islamist forces to join his cause. The collapse of the Taliban regime and the decimation of al-Qaida’s ranks quickly proved him wrong.

Yet over fourteen years later al-Qaida is still around. Despite its unrealistic political vision and considerable setbacks—above all the rise of the Islamic State that upstaged al-Qaida and threatened its survival—it has branches in North Africa, the Arabian Peninsula, the Levant, Central Asia, and the Horn of Africa.

Down, but not out

Two factors explain al-Qaida’s resilience: changes in the environment due to the Arab revolutions and the group’s ability to take advantage of new opportunities by learning from past mistakes. The Arab awakening initially undercut al-Qaida’s original claims that change in Muslim countries cannot come peacefully or without first weakening the United States. Yet, the violence of regimes against their people in Syria, Libya, and elsewhere created new opportunities for al-Qaida to demonstrate its relevance. Furthermore, involved citizens determined to shape their own future presented al-Qaida with a new opportunity to recruit. 

But favorable conditions would be insufficient to explain al-Qaida’s resilience without changes in the way al-Qaida operates. Learning from its bitter experience in Iraq, al-Qaida opted to act with some moderation. It embedded itself among rebel movements in Syria and Yemen, thus showing it could be a constructive actor, attentive to the needs of the people and willing to cooperate with a wide array of groups. As part of a broader movement, al-Qaida’s affiliates in these countries also gained a measure of protection from external enemies reluctant to alienate the group’s new allies. 

[E]ven after showing some moderation, al-Qaida’s project is still too extreme for the overwhelming majority of Muslims.

At present, the greatest threat to al-Qaida is not the United States or the Arab regimes; it’s the group’s former affiliate in Iraq, the Islamic State. ISIS is pressuring al-Qaida’s affiliates to defect—while it has failed so far to shift their allegiance, it has deepened cracks within the branches and persuaded small groups of al-Qaida members to change sides. Even if al-Qaida manages to survive the Islamic State’s challenge, in the long term it still faces a fundamental problem that is unlikely to change: even after showing some moderation, al-Qaida’s project is still too extreme for the overwhelming majority of Muslims.

Up, but not forever

With the United States seeking retrenchment and Middle Eastern regimes weakening, the Islamic State came to prominence under more convenient conditions and pursued a different strategy. Instead of wasting its energy on fighting the United States first, ISIS opted to establish a caliphate on the ruins of disintegrating Middle Eastern states. It has thrived on the chaos of the Arab rebellions. But in contrast to al-Qaida, it went beyond offering protection to oppressed Sunni Muslims by promoting a positive message of hope and pride. It does not merely empower Muslims to fend off attacks on their lives, property, and honor; the Islamic State offers its enthusiastic followers an historic chance to build a utopian order and restore the early Islamic empire or caliphate.

ISIS opted to establish a caliphate on the ruins of disintegrating Middle Eastern states. It has thrived on the chaos of the Arab rebellions.

The Islamic State’s leaders gambled that their impressive warfighting skills, the weakness of their opponents, and the reluctance of the United States to fight another war in the Middle East would allow the group to conquer and then govern territory. The gamble paid off. Not only did ISIS succeed in controlling vast territory, including the cities of Raqqa and Mosul; the slow response to its rise allowed the Islamic State’s propaganda machine to construct a narrative of invincibility and inevitability, which has, in turn, increased its appeal to new recruits and facilitated further expansion.

And yet, the Islamic State’s prospects of success are low. Its miscalculations are threatening to undo much of its success. It prematurely and unnecessarily provoked an American intervention that, through a combination of bombings from the air and skilled Kurdish proxies on the ground, is limiting the Islamic State’s ability to expand and even reversing some of the group’s gains. 

ISIS could settle for consolidating its caliphate in the territories it currently controls, but its hubris and messianic zeal do not allow for such limited goals. It is committed to pursuing military expansion alongside its state-building project. This rigid commitment to two incompatible objectives is perhaps the Islamic State’s biggest weakness. 

[T]he slow response to its rise allowed the Islamic State’s propaganda machine to construct a narrative of invincibility and inevitability.

Rather than pursue an economic plan that would guarantee the caliphate’s survival, the Islamic State has linked its economic viability to its military expansion. At present, ISIS relies on taxing its population and oil sales to support its flailing economy. But these financial resources cannot sustain a state, particularly one bent on simultaneously fighting multiple enemies on numerous fronts. Ironically, rather than taming its aspirations, the Islamic State sees conquest as the way to promote its state-building goals. Its plan for growing the economy is based on the extraction of resources through military expansion. While this plan worked well at first—when the Islamic State faced weak enemies—it is not a viable solution any longer, as the self-declared caliphate can no longer expand fast enough to meet its needs. Consequently, this strategy is undermining ISIS rather than strengthening it. 

Unfortunately, even if the Islamic State is bound to fail over the long run, it has had enough time to wreak havoc on other states in the neighborhood. And while its ability to govern is likely to continue diminishing, the terror attacks in Paris, Beirut, and Sinai suggest that the Islamic State will remain capable of causing much pain for a long time.

As President Obama prepares to give the final State of the Union address of his presidency tonight, he’s promised to stay away from the technocrat’s laundry list of to-do’s. Instead, he’s expected to deliver a speech that will remind his fellow citizens of their ability to “come together as one American family.” It’s going to be a tough sell, especially when the citizens are terrified of outsiders and suspicious of one another.

Most of the fear and paranoia revolves around the Islamic State group. Although the group poses far less of a threat to the United States than to our allies and friends in Europe and the Middle East, it is the sum of all fears in the minds of many Americans—an immigrant, terrorist, cyber, WMD, genocidal threat rolled into one. Its name alone can be invoked to indict Obama’s national security and immigration policies—substantive criticisms are unnecessary.

[T]he Islamic State group...is the sum of all fears in the minds of many Americans.

Most of those fears are overblown, but the president will want to tackle them each of them in his speech if he intends to calm fears and bring people together. He’ll explain why taking in refugees is not just living up to American values but also smart counterterrorism. He’ll showcase evidence that the military campaign against the Islamic State in the Middle East is bearing fruit. He’ll reassure Americans that the Islamic State can’t plant a skilled operative into this country and remind them that the best way to stop the unskilled lone wolf shooters inspired by the Islamic State is to close gun loop holes and monitor their behavior online before they act. He’ll demonstrate his commitment to blunting Islamic State recruitment, touting changes to how the government counters the Islamic State’s appeal online and in America’s big cities.

All of that is well and good, but it’s a bureaucrat’s (or think tanker’s) effort at reassuring the public. To truly succeed in mitigating America’s fears and bringing citizens together, our country’s leader has to acknowledge that their fears are real and explain what our enemies hope to gain by engendering them. While Americans’ fears may be overblown, they won’t be deflated by technocratic hot air.

Will McCants: As we begin another year in the so-called Long War, it’s a good time to reflect on where we are in the fight against al-Qaida and its bête noire, the Islamic State. Both organizations have benefited from the chaos unleashed by the Arab Spring uprisings but they have taken different paths. Will those paths converge again or will the two organizations continue to remain at odds? Who has the best strategy at the moment? And what political changes might happen in the coming year that will reconfigure their rivalry for leadership of the global jihad?

To answer these questions, I’ve asked some of the leading experts on the two organizations to weigh in. First was Barak Mendelsohn, who contrasts al-Qaida’s resilience and emphasis on Sunni oppression with the Islamic State’s focus on building a utopian order and restoring the caliphate.

Next is Clint Watts, a Fox fellow at the Foreign Policy Research Institute. He offers ways to avoid the flawed assumptions that have led to mistaken counterterrorism forecasts in recent years. 

Clint Watts: Two years ago today, counterterrorism forecasts focused on a “resurgent” al-Qaida. Debates over whether al-Qaida was again winning the war on terror ensued just a week before the Islamic State invaded Mosul. While Washington’s al-Qaida debates steamed away in 2013, Ayman al-Zawahiri’s al-Qaida suffered unprecedented internal setbacks from a disobedient, rogue affiliate formerly known as al-Qaida in Iraq (AQI). With terror predictions two years ago so far off the mark, should we even attempt to anticipate what the next two years of al-Qaida and ISIS will bring?

Rather than prognosticate about how more than a dozen extremist groups operating on four continents might commit violence in the future, analysts might instead examine flawed assumptions that resulted in the strategic surprise known as the Islamic State. Here are insights from last decade’s jihadi shifts we should consider when making forecasts on al-Qaida and the Islamic State’s future in the coming decade. 

Loyalty is fleeting, self-interest is forever. Analysts that missed the Islamic State’s rise assumed that those who pledged allegiance to al-Qaida would remain loyal indefinitely. But loyalties change despite the oaths that bind them. Abu Bakr al-Baghdadi and the Islamic State’s leaders used technicalities to slip their commitments to al-Qaida. Boko Haram has rapidly gone from al-Qaida wannabe to Islamic State devotee. 

In short, jihadi pledges of loyalty should not be seen as binding or enduring, but instead temporary. When a group’s fortunes wane or leaders change, allegiance will rapidly shift to whatever strain of jihad proves most advantageous to the group or its leader. Prestige, money, manpower—these drive pledges of allegiance, not ideology. 

Al-Qaida and the Islamic State do not think solely about destroying the United States and its Western allies. Although global jihadi groups always call for attacks on the West, they don’t always deliver. Either they can’t or they have other priorities, like attacking closer to home. So jihadi propaganda alone does not tell us much about how the group is going to behave in the future. 

Zawahiri, for example, has publicly called on al-Qaida’s affiliates to carry out attacks on the West. But privately, he has instructed his affiliate in Syria to hold off. And for most of its history, the Islamic State focused on attacking the near enemy in the Middle East rather than the far enemy overseas, despite repeatedly vowing to hit the United States. Both groups will take advantage of any easy opportunity to strike the United States. However, continuing to frame future forecasts through an America-centric lens will yield analysis that’s off the mark and of questionable utility.

[J]ihadi propaganda alone does not tell us much about how the group is going to behave in the future.

Al-Qaida and the Islamic State don’t control all of the actions of their affiliates. News headlines lead casual readers to believe al-Qaida and the Islamic State command and control vast networks operating under a unified strategic plan. But a year ago, the Charlie Hebdo attack in Paris caught al-Qaida in the Arabian Peninsula (AQAP) completely by surprise—despite one of the attackers attributing the assault to the group. Al-Qaeda in the Islamic Maghreb's (AQIM) recent spate of attacks in Mali and Burkina Faso were likely conducted independently of al-Qaida’s central leadership. While the Islamic State has clearly mobilized its network and inspired others to execute a broad range of international attacks, the group’s central leadership in Iraq and Syria closely manages only a small subset of these plots. 

At no time since the birth of al-Qaida have jihadi affiliates and networks operated with such independence. Since Osama bin Laden’s death, al-Qaida affiliates in Yemen, the Sahel, Somalia, and Syria all aggressively sought to form states—a strategy bin Laden advised against. Target selections and the rapid pace of plots by militants in both networks suggest local dynamics rather than a cohesive, global grand strategy drive today’s jihad. Accurately anticipating the competition and cooperation of such a wide array of terrorist affiliates with overlapping allegiances to both groups will require examination by teams of analysts with a range of expertise rather than single pundits. 

At no time since the birth of al-Qaida have jihadi affiliates and networks operated with such independence.

Both groups and their affiliates will be increasingly enticed to align with state sponsors and other non-jihadi, non-state actors. The more money al-Qaida and the Islamic State have, the more leverage they have over their affiliates. But when the money dries up—as it did in al-Qaida’s case and will in the Islamic State’s—the affiliates will look elsewhere to sustain themselves. Distant affiliates will seek new suitors or create new enterprises. 

Inevitably, some of the affiliates will look to states that are willing to fund them in proxy wars against their mutual adversaries. Iran, despite fighting the Islamic State in Syria, might be enticed to support Islamic State terrorism inside Saudi Arabia’s borders. Saudi Arabia could easily use AQAP as an ally against the Iranian backed Houthi in Yemen. African nations may find it easier to pay off jihadi groups threatening their countries than face persistent destabilizing attacks in their cities. When money becomes scarce, the affiliates of al-Qaida and the Islamic State will have fewer qualms about taking money from their ideological enemies if they share common short-term interests. 

If you want to predict the future direction of the Islamic State and al-Qaida, avoid the flawed assumptions noted above. Instead, I offer these three notes: 

1. First, look to regional terrorism forecasts illuminating local nuances routinely overlooked in big global assessments of al-Qaida and the Islamic State. Depending on the region, either the Islamic State or al-Qaida may reign supreme and their ascendance will be driven more by local than global forces. 
2. Second, watch the migration of surviving foreign fighters from the Islamic State’s decline in Iraq and Syria. Their refuge will be our future trouble spot. 
3. Third, don’t try to anticipate too far into the future. Since bin Laden’s death, the terrorist landscape has become more diffuse, a half dozen affiliates have risen and fallen, and the Arab Spring went from great hope for democracies to protracted quagmires across the Middle East. 

Today’s terrorism picture remains complex, volatile, and muddled. There’s no reason to believe tomorrow’s will be anything different.

Will McCants: As we continue onwards in the so-called Long War, it’s a good time to reflect on where we are in the fight against al-Qaida and its bête noire, the Islamic State. Both organizations have benefited from the chaos unleashed by the Arab Spring uprisings but they have taken different paths. Will those paths converge again or will the two organizations continue to remain at odds? Who has the best strategy at the moment? And what political changes might happen in the coming year that will reconfigure their rivalry for leadership of the global jihad?

To answer these questions, I’ve asked some of the leading experts on the two organizations to weigh in. First was Barak Mendelsohn, who analyzed the factors that explain the resilience and weaknesses of both groups. Then Clint Watts offered ways to avoid the flawed assumptions that have led to mistaken counterterrorism forecasts in recent years. 

Next up is Charles Lister, a resident fellow at the Middle East Institute, to examine the respective courses each group has charted to date and whether that's likely to change. 

Charles Lister: The world of international jihad has had a turbulent few years, and only now is the dust beginning to settle. The emergence of the Islamic State as an independent transnational jihadi rival to al-Qaida sparked a competitive dynamic. That has heightened the threat of attacks in the West and intensified the need for both movements to demonstrate their value on local battlefields. Having spent trillions of dollars pushing back al-Qaida in Afghanistan and Pakistan and al-Qaida in Iraq, the jihadi threat we face today far eclipses that seen in 2000 and 2001.

As has been the case for some time, al-Qaida is no longer a grand transnational movement, but rather a loose network of semi-independent armed groups dispersed around the world. Although al-Qaida’s central leadership appears to be increasingly cut off from the world, frequently taking many weeks to respond publicly to significant events, its word remains strong within its affiliates. For example, a secret letter from al-Qaida leader Ayman al-Zawahiri to his Syrian affiliate the Nusra Front in early 2015 promptly caused the group to cease plotting attacks abroad.

Seeking rapid and visible results, ISIS worries little about taking the time to win popular acceptance and instead controls territory through force.

While the eruption of the Arab Spring in 2010 challenged al-Qaida’s insistence that only violent jihad can secure political change, the subsequent repression and resulting instability provided an opportunity. What followed was a period of extraordinary strategic review. Beginning with Ansar al-Sharia in Yemen (in 2010 and 2011) and then with al-Qaida in the Islamic Maghreb (AQIM), Ansar al-Din, and the Movement for Unity and Jihad in West Africa (MUJAO) in Mali (2012), al-Qaida began developing a new strategy focused on slowly nurturing unstable and vulnerable societies into hosts for an al-Qaida Islamic state. Although a premature imposition of harsh Shariah norms caused projects in Yemen and Mali to fail, al-Qaida’s activities in Syria and Yemen today look to have perfected the new “long game” approach.

In Syria and Yemen, al-Qaida has taken advantage of weak states suffering from acute socio-political instability in order to embed itself within popular revolutionary movements. Through a consciously managed process of “controlled pragmatism,” al-Qaida has successfully integrated its fighters into broader dynamics that, with additional manipulation, look all but intractable. Through a temporary renunciation of Islamic hudud (fixed punishments in the Quran and Hadith) and an overt insistence on multilateral populist action, al-Qaida has begun socializing entire communities into accepting its role within their revolutionary societies. With durable roots in these operational zones—“safe bases,” as Zawahiri calls them—al-Qaida hopes one day to proclaim durable Islamic emirates as individual components of an eventual caliphate.

Breadth versus depth

The Islamic State (or ISIS), on the other hand, has emerged as al-Qaida’s obstreperous and brutally rebellious younger sibling. Seeking rapid and visible results, ISIS worries little about taking the time to win popular acceptance and instead controls territory through force and psychological intimidation. As a militarily capable and administratively accomplished organization, ISIS has acquired a strong stranglehold over parts of Iraq and Syria—like Raqqa, Deir el-Zour, and Mosul—but its roots are shallow at best elsewhere in both countries. With effective and representative local partners, the U.S.-led coalition can and will eventually take back much of ISIS’s territory, but evidence thus far suggests progress will be slow.

Meanwhile, ISIS has developed invaluable strategic depth elsewhere in the world, through its acquisition of affiliates—or additional “states” for its Caliphate—in Yemen, Libya, Algeria, Egypt, Afghanistan, Pakistan, Nigeria, and Russia. Although it will struggle to expand much beyond its current geographical reach, the growing importance of ISIS in Libya, Egypt, and Afghanistan-Pakistan in particular will allow the movement to survive pressures it faces in Syria and Iraq. 

As that pressure heightens, ISIS will seek to delegate some level of power to its international affiliates, while actively encouraging retaliatory attacks—both centrally directed and more broadly inspired—against high-profile Western targets. Instability breeds opportunity for groups like ISIS, so we should also expect it to exploit the fact that refugee flows from Syria towards Europe in 2016 look set to dramatically eclipse those seen in 2015.

Instability breeds opportunity for groups like ISIS.

Charting a new course?

That the world now faces threats from two major transnational jihadist movements employing discernibly different strategies makes today’s counterterrorism challenge much more difficult. The dramatic expansion of ISIS and its captivation of the world’s media attention has encouraged a U.S.-led obsession with an organization that has minimal roots into conflict-ridden societies. Meanwhile the West has become distracted from its long-time enemy al-Qaida, which has now grown deep roots in places like Syria and Yemen. Al-Qaida has not disappeared, and neither has it been defeated. We continue this policy imbalance at our peril.

In recent discussions with Islamist sources in Syria, I’ve heard that al-Qaida may be further adapting its long-game strategy. The Nusra Front has been engaged in six weeks of on/off secret talks with at least eight moderate Islamist rebel groups, after proposing a grand merger with any interested party in early January. Although talks briefly came to a close in mid-January over the troublesome issue of the Nusra Front’s allegiance to al-Qaida, the group’s leader Abu Mohammed al-Jolani now placed those ties as an issue on the table for negotiation. 

Al-Qaida has not disappeared, and neither has it been defeated.

The fact that this sensitive subject is now reportedly open for discussion is a significant indicator of how far the Nusra Front is willing to stretch its jihadist mores for the sake of integration in Syrian revolutionary dynamics. However, the al-Nusra Front's leader, Abu Mohammed al-Jolani, is a long-time Al-Qaeda loyalist and doesn't fit the profile of someone willing to break a religious oath purely for the sake of an opportunistic power play. It is therefore interesting that this secret debate inside Syria comes amid whispers within Salafi-jihadi and pro-al-Qaida circles that Zawahiri is considering “releasing” his affiliates from their loyalty pledges in order to transform al-Qaida into an organic network of locally-inspired movements—led by and loosely tied together by an overarching strategic idea.

Whether al-Qaida and its affiliates ultimately evolve along this path or not, the threat they pose to local, regional, and international security is clear. When compounded by ISIS’s determination to continue expanding and to conduct more frequent and more deadly attacks abroad, jihadist militancy looks well-placed to pose an ever present danger for many years to come. 

Editors’ Note: The mass-casualty terrorist attacks in Paris and now in Brussels underscore an unsettling truth: Jihadis pose a greater threat to France and Belgium than to the rest of Europe. Research by Will McCants and Chris Meserole reveals that French political culture may play a role. This post originally appeared in Foreign Affairs.

The mass-casualty terrorist attacks in Paris and now in Brussels underscore an unsettling truth: Jihadists pose a greater threat to France and Belgium than to the rest of Europe. The body counts are larger and the disrupted plots are more numerous. The trend might be explained by the nature of the Islamic State (ISIS) networks in Europe or as failures of policing in France and Belgium. Both explanations have merit. However, our research reveals that another factor may be at play: French political culture.

Last fall, we began a project to test empirically the many proposed explanations for Sunni militancy around the globe. The goal was to take common measures of the violence—namely, the number of Sunni foreign fighters from any given country as well as the number of Sunni terror attacks carried out within it—and then crunch the numbers to see which explanations best predicted a country’s rate of Sunni radicalization and violence. (The raw foreign fighter data came from The International Centre for the Study of Radicalisation and Political Violence; the original attack data came from the University of Maryland’s START project.)

What we found surprised us, particularly when it came to foreign fighter radicalization. It turns out that the best predictor of foreign fighter radicalization was not a country’s wealth. Nor was it how well-educated its citizens were, how healthy they were, or even how much Internet access they enjoyed. Instead, the top predictor was whether a country was Francophone; that is, whether it currently lists (or previously listed) French as a national language. As strange as it may seem, four of the five countries with the highest rates of radicalization in the world are Francophone, including the top two in Europe (France and Belgium).

Knowledgeable readers will immediately object that the raw numbers tell a different story. The English-speaking United Kingdom, for example, has produced far more foreign fighters than French-speaking Belgium. And fighters from Saudi Arabia number in the several thousands. But the raw numbers are misleading. If you view the foreign fighters as a percentage of the overall Muslim population, you see a different picture. Per Muslim resident, Belgium produces far more foreign fighters than either the United Kingdom or Saudi Arabia. 

[W]hat could the language of love possibly have to do with Islamist violence? We suspect that it is really a proxy for something else: French political culture.

So what could the language of love possibly have to do with Islamist violence? We suspect that it is really a proxy for something else: French political culture. The French approach to secularism is more aggressive than, say, the British approach. France and Belgium, for example, are the only two countries in Europe to ban the full veil in their public schools. They’re also the only two countries in Western Europe not to gain the highest rating for democracy in the well-known Polity score data, which does not include explanations for the markdowns.

Adding support to this story are the top interactions we found between different variables. When you look at which combination of variables is most predictive, it turns out that the “Francophone effect” is actually strongest in the countries that are most developed: French-speaking countries with the highest literacy, best infrastructure, and best health system. This is not a story about French colonial plunder. If anything it’s a story about what happens when French economic and political development has most deeply taken root.

An important subplot within this story concerns the distribution of wealth. In particular, the rate of youth unemployment and urbanization appear to matter a great deal too. Globally, we found that when between 10 and 30 percent of a country’s youth are unemployed, there is a strong relationship between a rise in youth unemployment and a rise in Sunni militancy. Rates outside that range don’t have an effect. Likewise, when urbanization is between 60 and 80 percent, there is a strong relationship.

These findings seem to matter most in Francophone countries. Among the over 1,000 interactions our model looked at, those between Francophone and youth unemployment and Francophone and urbanization both ranked among the 15 most predictive. There’s broad anecdotal support for this idea: consider the rampant radicalization in Molenbeek, in the Parisbanlieus, in Ben Gardane. Each of these contexts have produced a massively disproportionate share of foreign fighters, and each are also urban pockets with high youth unemployment.

As with the Francophone finding overall, we’re left with guesswork as to why exactly the relationships between French politics, urbanization, youth unemployment, and Sunni militancy exist. We suspect that when there are large numbers of unemployed youth, some of them are bound to get up to mischief. When they live in large cities, they have more opportunities to connect with people espousing radical causes. And when those cities are in Francophone countries that adopt the strident French approach to secularism, Sunni radicalism is more appealing.

For now, the relationship needs to be studied and tested by comparing several cases in countries and between countries. We also found other interesting relationships—such as between Sunni violence and prior civil conflict—but they are neither as strong nor as compelling.

Regardless, the latest attacks in Belgium are reason enough to share the initial findings. They may be way off, but at least they are based on the best available data. If the data is wrong or our interpretations skewed, we hope the effort will lead to more rigorous explanations of what is driving jihadist terrorism in Europe. Our initial findings should in no way imply that Francophone countries are responsible for the recent horrible attacks—no country deserves to have its civilians killed, regardless of the perpetrator’s motives. But the magnitude of the violence and the fear it engenders demand that we investigate those motives beyond just the standard boilerplate explanations.

Event Information

On June 13, Brookings launched a new public opinion survey focusing on American attitudes toward refugees from the Middle East and from Syria in particular.

With violence in the Middle East and the associated refugee crisis continuing unabated, these issues remain prominent in Washington policy debates. It is therefore increasingly important for U.S. policymakers, political candidates, and voters to understand the American public’s attitudes toward the conflicts in the Middle East and the refugees fleeing those crises.

On June 13, Brookings launched a new public opinion survey focusing on American attitudes toward refugees from the Middle East and from Syria in particular. Conducted by Nonresident Senior Fellow Shibley Telhami, the poll looks at a range of questions, from whether Americans feel the United States has a moral obligation to take in refugees to whether these refugees pose a threat to national security. The national poll takes into account an expanded set of demographic variables and includes an over-sized sample of millennials.  

Telhami was joined in discussion by POLITICO Magazine and Boston Globe contributor Indira Lakshmanan. William McCants, senior fellow and director of the Project on U.S. Relations with the Islamic World at Brookings, provided introductory remarks and moderated the discussion.

This event launched the Brookings Refugees Forum, which will take place on June 14 and 15.

Join the conversation on Twitter using #RefugeeCrisis.

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• American attitudes on refugees from the Middle East - Part 1
• American attitudes on refugees from the Middle East - Part 2

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• American attitudes on refugees from the Middle East

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• Uncorrected Transcript (.pdf)

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• 20160613_telhami_poll_presentation
• 20160613_american_opinion_refugees_transcript

Last night, retired lieutenant general Michael Flynn addressed the Republican convention as a headline speaker on the subject of national security. One of Donald Trump’s closest advisors—so much so that he was considered for vice president—Flynn repeated many of the themes found in his new book, The Field of Fight, How We Can Win the Global War Against Radical Islam and Its Allies, which he coauthored with Michael Ledeen. (The book is published by St. Martin’s, which also published mine.)

Written in Flynn’s voice, the book advances two related arguments: First, the U.S. government does not know enough about its enemies because it does not collect enough intelligence, and it refuses to take ideological motivations seriously. Second, our enemies are collaborating in an “international alliance of evil countries and movements that is working to destroy” the United States despite their ideological differences.

Readers will immediately notice a tension between the two ideas. “On the surface,” Flynn admits, “it seems incoherent.” He asks: 

“How can a Communist regime like North Korea embrace a radical Islamist regime like Iran? What about Russia’s Vladimir Putin? He is certainly no jihadi; indeed, Russia has a good deal to fear from radical Islamist groups.” 

Flynn spends much of the book resolving the contradiction and proving that America’s enemies—North Korea, China, Russia, Iran, Syria, Cuba, Bolivia, Venezuela, Nicaragua, al-Qaida, Hezbollah, and ISIS—are in fact working in concert.

No one who has read classified intelligence or studied international relations will balk at the idea that unlikely friendships are formed against a common enemy. As Flynn observes, the revolutionary Shiite government in Tehran cooperates with nationalist Russia and communist North Korea; it has also turned a blind eye (at the very least) to al-Qaida’s Sunni operatives in Iran and used them bargaining chips when negotiating with Osama bin Laden and the United States. 

Flynn argues that this is more than “an alliance of convenience.” Rather, the United States’ enemies share “a contempt for democracy and an agreement—by all the members of the enemy alliance—that dictatorship is a superior way to run a country, an empire, or a caliphate.” Their shared goals of maximizing dictatorship and minimizing U.S. interference override their substantial ideological differences. Consequently, the U.S. government must work to destroy the alliance by “removing the sickening chokehold of tyranny, dictatorships, and Radical Islamist regimes.” Its failure to do so over the past decades gravely imperils the United States, he contends.

The book thus offers two very different views of how to exercise American power abroad: spread democracies or stand with friendly strongmen...[P]erhaps it mirrors the confusion in the Republican establishment over the direction of conservative foreign policy.

Some of Flynn’s evidence for the alliance diverts into the conspiratorial—I’ve seen nothing credible to back up his assertion that the Iranians were behind the 1979 takeover of the Grand Mosque in Mecca by Sunni apocalypticists. And there’s an important difference between the territorially-bounded ambitions of Iran, Russia, and North Korea, on the one hand, and ISIS’s desire to conquer the world on the other; the former makes alliances of convenience easier than the latter. Still, Flynn would basically be a neocon if he stuck with his core argument: tyrannies of all stripes are arrayed against the United States so the United States should destroy them.

But some tyrannies are less worthy of destruction than others. In fact, Flynn argues there’s a category of despot that should be excluded from his principle, the “friendly tyrants” like President Abdel-Fatah el-Sissi in Egypt and former president Zine Ben Ali in Tunisia. Saddam Hussein should not have been toppled, Flynn argues, and even Russia could become an “ideal partner for fighting Radical Islam” if only it would come to its senses about the threat of “Radical Islam.” Taken alone, these arguments would make Flynn realist, not a neocon. 

The book thus offers two very different views of how to exercise American power abroad: spread democracies or stand with friendly strongmen. Neither is a sure path to security. Spreading democracy through the wrong means can bring to power regimes that are even more hostile and authoritarian; standing with strongmen risks the same. Absent some principle higher than just democracy or security for their own sakes, the reader is unable to decide between Flynn’s contradictory perspectives and judge when their benefits are worth the risks. 

It’s strange to find a book about strategy so at odds with itself. Perhaps the dissonance is due to the co-authors’ divergent views (Ledeen is a neocon and Flynn is comfortable dining with Putin.) Or perhaps it mirrors the confusion in the Republican establishment over the direction of conservative foreign policy. Whatever the case, the muddled argument offered in The Field of Fight demonstrates how hard it is to overcome ideological differences to ally against a common foe, regardless of whether that alliance is one of convenience or conviction. 

Editors’ Note: Since President François Hollande’s 2012 election, France has launched an Asia-wide initiative in an attempt to halt declining trade figures and improve its overall leverage with the region, write Philippe Le Corre and Michael O’Hanlon. This piece originally appeared on The National Interest.

On April 26, France’s defense shipbuilding company DCNS secured a victory in winning, against Japan and Germany, a long-awaited $40 billion Australian submarine deal. It may not come as a surprise to anyone who has been following France’s growing interest in the Asia-Pacific for the past five years. Since President François Hollande’s 2012 election, the country has launched an Asia-wide initiative in an attempt to halt declining trade figures and improve its overall leverage with the region.

Visiting New Caledonia last weekend, Prime Minister Manuel Valls immediately decided on the spot to fly to Australia to celebrate the submarine news. Having been at odds in the 1990s over France’s decision to test its nuclear weapon capacities on an isolated Pacific island, Paris and Canberra have begun a close partnership over the last decade, culminating in the decision by Australia’s Prime Minister Malcolm Turnbull, in power since September 2015.

Unlike its Japanese competitor Mitsubishi Heavy Industries (MHI), DCNS promised to build the submarine main parts on Australian soil, creating 2,900 jobs in the Adelaide area. The French also secured support from U.S. defense contractors Lockheed Martin and Raytheon, one of which will eventually build the twelve shortfin Barracuda submarines’ combat systems. Meanwhile, this unexpected victory, in light of the close strategic relationship between Australia and Japan, has shed light on France’s sustained ambitions in the Asia-Pacific region. Thanks to its overseas territories of New Caledonia, Wallis and Futuna, French Polynesia and Clipperton Island, France has the world’s second-largest maritime domain. It is also part of QUAD, the Quadrilateral Defence Coordination Group that also includes the United States, Australia and New Zealand, and which coordinates security efforts in the Pacific, particularly in the maritime domain, by supporting island states to robustly and sustainably manage their natural resources, including fisheries.

France is also attempting to correct an excessive focus on China by developing new ties with India, Japan, South Korea and Southeast Asian countries, which have all received a number of French ministerial visits. France’s overseas territories also include a presence in the southern part of the Indian Ocean, with the islands of Mayotte, Réunion and the Scattered Islands, and French Southern and Antarctic Territories, as well as the northwest region of the Indian Ocean through its permanent military presence in the United Arab Emirates and Djibouti. Altogether these presences encompass one million French citizens. This sets France apart from its fellow EU member states regarding defense and security in the Asia-Pacific, particularly as France is a top supplier of military equipment to several Asian countries including Singapore, Malaysia, India and Australia. Between 2008 and 2012, Asian nations accounted for 28 percent of French defense equipment sales, versus 12 percent during 1998–2002. (More broadly, 70 percent of European containerized merchandise trade transits through the Indian Ocean.)

Despite its unique position, France is also supportive of a joint European Union policy toward the region, especially when it comes to developments in the South China Sea. Last March, with support from Paris, Berlin, London and other members, Federica Mogherini, the EU’s High representative for Foreign Affairs and Security Policy, issued a statement criticizing China’s actions:

“The EU is committed to maintaining a legal order for the seas and oceans based upon the principles of international law, as reflected notably in the United Nations Convention on the Law of the Sea (UNCLOS). This includes the maintenance of maritime safety, security, and cooperation, freedom of navigation and overflight. While not taking a position on claims to land territory and maritime space in the South China Sea, the EU urges all claimants to resolve disputes through peaceful means, to clarify the basis of their claims, and to pursue them in accordance with international law including UNCLOS and its arbitration procedures.”

This does not mean that France is neglecting its “global partnership” with China. In 2014, the two countries celebrated fifty years of diplomatic relations; both governments conduct annual bilateral dialogues on international and security issues. But as a key EU state, a permanent member of the UN Security Council and a significant contributor to the Asia-Pacific’s security, France has launched a multidimensional Asia policy.

All of this should be seen as welcome news by Washington. While there would have been advantages to any of the three worthy bids, a greater French role in the Asia-Pacific should be beneficial. At this crucial historical moment in China's rise and the region's broader blossoming, the United States needs a strong and engaged European partnership to encourage Beijing in the right direction and push back together when that does not occur. Acting in concert with some of the world's other major democracies can add further legitimacy to America's actions to uphold the international order in the Asia-Pacific. To be sure, Japan, South Korea and Australia are key U.S. partners here and will remain so. But each also has its own limitations (and in Japan's case, a great deal of historical baggage in dealing with China).

European states are already heavily involved in economic interactions with China. The submarine decision will help ensure a broader European role that includes a hard-headed perspective on security trends as well.

The U.S.-Japan alliance continues to struggle with the issue of reducing and relocating the U.S. Marine Corps presence on Okinawa.  In a new op-ed in the Wall Street Journal, Mike Mochizuki (of The George Washington University) and I—recognizing the potential seriousness of this problem for the alliance, as well as the fact that the current plan to reduce and/or relocate has been straitjacketed by Japanese and Okinawan politics—propose a more significant set of changes. Our proposal would scale back the peacetime presence of the Marines on Okinawa even further than now planned, but it would preserve or even improve U.S. military responsiveness throughout the Western Pacific region in times of crisis or conflict.

Event Information

By most metrics, the 1991 Gulf War, also known as Operation Desert Storm, was a huge and rapid success for the United States and its allies. The mission of defeating Iraq's army, which invaded Kuwait the year prior, was done swiftly and decisively. However, the war's impact on soldiers who fought in it was lasting. Over 650,000 American men and women served in the conflict, and many came home with symptoms including insomnia, respiratory disorders, memory issues and others attributed to a variety of exposures – “Gulf War Illness."

On June 16, the Center for 21st Century Security and Intelligence at Brookings and Georgetown University Medical Center co-hosted a discussion on Desert Storm, its veterans, and how they are faring today. Representative Mike Coffman (R-Col.), the only member of Congress to serve in both Gulf wars, delivered an opening address before joining Michael O’Hanlon, senior fellow at Brookings, for a moderated discussion. Joel Kupersmith, former head of the Office of Research and Development of the Department of Veterans Affairs, convened a follow-on panel with Carolyn Clancy, deputy under secretary for health for organizational excellence at the Department of Veterans Affairs; Adrian Atizado, deputy national legislative director at Disabled American Veterans; and James Baraniuk, professor of medicine at Georgetown University Medical Center.

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• Desert Storm after 25 years: Confronting the exposures of modern warfare

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• Uncorrected Transcript (.pdf)

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• 20160616_desert_storm_transcript

Editor's Note: This past week's vote in the United Kingdom to leave the European Union reveals huge frustration among British voters with economic, immigration, national self-identity, and the whole "European project." Trade between Britain and continental Europe could be notched back a bit as tariffs; London's role as a financial capital of the world may be compromised somewhat. But after acknowledging such real, if finite, concerns, writes Michael O'Hanlon, we should take a deep breath and relax. This piece was originally published by USA Today.

There's no denying it: this past week's vote in the United Kingdom to leave the European Union is very big news. It reveals huge frustration among British voters with economic globalization, immigration, national self-identity and the whole "European project." And there will be costs. Trade between Britain and continental Europe could be notched back a bit as tariffs return; London's role as a financial capital of the world may be compromised somewhat.

But after acknowledging such real, if finite, concerns, we should take a deep breath and relax. Silly headlines like that appearing in the June 25 NY Times about a looming end to the post-World War II order are not only premature, they are basically wrong.

Start with that order. The United States and United Kingdom worked together to win World War II, of course, without the UK being part of any European Union or even a European Community. (The European Community or EC was organized for European economic cooperation that began in the 1970s; it did not create open borders within Europe the way the European Union later did.) Indeed, we collectively won the Cold War without the European Union, which was not created until 1993. Western Europe had already re-established itself as a modern economic powerhouse before the creation of the EU, recovering spectacularly from the unbelievable wartime devastation that occurred in the 1940s. The United States helped a great deal with that process through the Marshall Plan and other mechanisms—none of which depended on EU bureaucracies or open borders.

Look at it another way. The UK is an important country. But with 1% of world population and 3% of world GDP, it does not drive the modern global economy. The stakes here are real, but again, they are finite.

Moreover, the tanking of shocked stock markets right after the Brexit vote should not confuse us about the state of economic fundamentals. To be sure, lots of people will have to work hard to negotiate new terms for Britain's future association with Europe. But the UK and the European Union's remaining 27 members will have powerful incentives to keep trade relatively free and financial markets quite integrated. Think of the models of Norway and Switzerland—also not EU members, but important and interlocking parts of the continent's economy. The UK is likely to wind up with a similar role in Europe's future.

Some people will worry about whether Brexit will weaken the EU's ability to stand up to Vladimir Putin as he causes unrest in eastern Europe. That is doubtful. The EU just last week renewed sanctions, with Germany and other continental countries leading the way. Britain's voice on such matters is important, but no more so than Germany's or France's, and it can remain important on the outside.

What about the US-UK "special relationship?" Again, I do not anticipate major problems. It is called a special relationship for a reason. We have been close allies for a century or more, and much of our best work together has happened bilaterally rather than through any EU, EC, UN, or other such multilateral mechanisms. That can continue.

The UK will remain in NATO, moreover — and NATO is, by far, the more important organization for global security, because it includes the United States while the European Union naturally does not. It is NATO, for example, that intervened in the Balkans wars in the 1990s and NATO that leads the Afghanistan mission even today. It is NATO that is sending battalions into eastern Europe today to stand up militarily to Putin.

On other issues, Britain has maintained its own prerogatives even while in the EU. In the Iran nuclear talks that led to last year's accord, for example, Britain had its own, independent role and voice. That won't change for similar situations in the future.

Even if, in coming years, Scotland secedes from the UK in order to rejoin the EU, that will cost the United Kingdom only 8% of its population (even if a higher percent of its castles, Loch Ness monsters, and men in skirts). Admittedly, the UK's ability to sustain nuclear forces could be challenged without access to Scottish ports—but those nuclear weapons, with all due respect to British friends, aren't really crucial pillars of today's global order in any event. Maybe Scottish secession would even persuade Britain to stop maintaining an unnecessary and costly nuclear deterrent.

To be sure, one can always find some hypothetical scenario in which having the UK outside of the European Union complicates life. To be sure, pulling out will make life temporarily harder for British and European diplomats and bureaucrats as they fashion a revised European order. And most of all, it is true that we need to take seriously the skepticism about globalization that UK voters have just voiced in a powerful and emphatic way. But the postwar global order is hardly falling apart.

Presumptive Republican presidential nominee Donald Trump’s idea to withdraw American forces from Asia—letting allies like Japan and South Korea fend for themselves, including possibly by acquiring nuclear weapons—is fundamentally unsound, as I’ve written in a Wall Street Journal op-ed.

Among the many dangers of preemptively pulling American forces out of Japan and South Korea, including an increased risk of war between Japan and China and a serious blow to the Nuclear Non-Proliferation Treaty, such a move would heighten the threat of war between China and Taiwan. The possibility that the United States would dismantle its Asia security framework could unsettle Taiwan enough that it would pursue a nuclear deterrent against China, as it has considered doing in the past—despite China indicating that such an act itself could be a pathway to war. And without bases in Japan, the United States could not as easily deter China from potential military attacks on Taiwan. 

Trump’s proposed Asia policy could take the United States and its partners down a very dangerous road. It’s an experiment best not to run.

Event Information

Barack Obama’s presidency has witnessed widespread change throughout Africa. His four trips there, spanning seven countries, reflect his belief in the continent’s potential and importance. African countries face many challenges that span issues of trade, investment, and development, as well as security and stability. With President Obama’s second term coming to an end, it is important to begin to reflect on his legacy and how his administration has helped frame the future of Africa.

On July 19, the Center for 21st Century Security and Intelligence at Brookings hosted a discussion on Africa policy. Matthew Carotenuto, professor at St. Lawrence University and author of “Obama and Kenya: Contested Histories and the Politics of Belonging” (Ohio University Press, 2016) discussed his research in the region. He was joined by Sarah Margon, the Washington director of Human Rights Watch. Brookings Senior Fellow Michael O'Hanlon partook in and moderated the discussion.

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• President Obama’s role in African security and development

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• President Obama’s role in African security and development

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• Uncorrected Transcript (.pdf)

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• 20160719_us_africa_transcript

Event Information

On July 20 and 21, defense ministers from several nations will gather in Washington, D.C. at the invitation of U.S. Secretary of Defense Ash Carter. The meeting will bring together representatives from countries working to confront and defeat the Islamic State (or ISIL). French Defense Minister Jean-Yves Le Drian will be among those at the summit discussing how to accelerate long-term efforts to fight ISIL in Iraq and Syria. The close relationship between France and the United States has provided a solid base for security cooperation for decades, and in recent years, France has become one of America’s strongest allies in fighting terrorism and a prominent member of the international coalition to defeat ISIL.

On July 20, the Foreign Policy program at Brookings hosted Minister Le Drian for a discussion on French and U.S. cooperation as the two countries face multiple transnational security threats. Since becoming France’s defense minister in 2012, Le Drian has had to address numerous new security crises emerging from Africa, the Middle East, and within Europe itself. France faced horrific terrorist attacks on its own soil in January and November 2015 and remains under a state of emergency with its armed forces playing an active role in maintaining security both at home and abroad. Le Drian recently authored “Qui est l’ennemi?” (“Who is the enemy?”, Editions du Cerf, May 2016), defining a comprehensive strategy to address numerous current threats.

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• Introduction and featured speaker
• Discussion
• Introduction et conférencier invité
• Débat

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• Uncorrected Transcript (.pdf)

Event Materials

• 20160720_france_defense_transcript