After 10 hectic days, Cypriots will return to economic life. The price, however, is an inevitable and costly adjustment plan. But contrary to many predictions, the eurozone and the Cypriot government have been able to find a solution in less than 10 days. Moreover, the eurozone has avoided yet another financial hurdle that, despite its small size, was described as having the potential to start another acute phase of the euro crisis.

The management of the eurozone crisis over the last three years has proven to be extremely tortuous. It remains so, and this episode will certainly not be the last. However, observers might also point to how the management by congressional leaders of the U.S. fiscal and deficit problems reveals similar political complexities. Could both be the inevitable result of a democratic, diverse, continental political constituency?

What people need to understand about the eurozone is its continuous willingness to ensure the future of the euro, and its (until now) proven capacity to find compromises despite diverging national interests.

Cyprus has been recognized for months as a ticking bomb within the eurozone, mixing a hypertrophied banking system (that produced jobs and wealth for Cypriots) with huge Russian deposits and suspected money laundering.

Cyprus has been recognized for months as a ticking bomb within the eurozone, mixing a hypertrophied banking system (that produced jobs and wealth for Cypriots) with huge Russian deposits and suspected money laundering. It seems that this had become Cyprus’s most important comparative advantage. The fight against money laundering is supposed to be a great cause of the OECD countries, and it is surprising to note that this aspect did not receive appropriate weight when commenting on the unconventional tools used by the troika to design its plan. The Cypriot banking system is not like the average banking system of Southern Europe. It is a case in itself and deserves a solution of its own.

The “success story” of Cyprus was destroyed by the haircut on Greek bonds; Cypriot banks hold massive amounts of Greek bonds on behalf of their foreign clients. Incidentally, this says a lot about the prowess of this supposed “international financial center” and the awareness of its clients. For many reasons, mostly the country’s democratic process, the active search for a solution to problems in Cyprus had been postponed for months until Saturday, March 16, when an agreement was reached between the newly-elected president of Cyprus, the eurozone governments, and the troika. On that date, every old prejudice about the mismanagement of the eurozone crisis, that had been shelved for the last year, suddenly resurfaced with a new torrent: of criticisms (an ill-conceived plan); of denunciations (a crisis of stupidity); of rejection (Europe is for people, not for Germany); of financial horrors (inevitable propagation of the Cypriot bank run); and finally of doomed forecasts (be alert, the breakup is coming).

Yet one week later, it is interesting to visit the control room and watch the radar screens:

• The agreement? Better designed and operational as of Monday, March 25; 
•  Bank runs propagation? No sign (even in the London branches of the two Cypriot banks);
• European periphery bond market? A definitely strong first quarter;
• Stock markets? Stable;
• Exchange markets? Stable.

However, we should not consider this summary to mean that this new episode in the eurozone saga has been more efficiently managed than the previous ones. Definitely not!

Two examples among many explain why this is not the case. First, the idea to tax every bank account whatever its amount was not a product of “German stupidity” but reflects a demand from the Cypriot president, who was willing to preserve the image of the island as a financial center; as if the confidence of dirty money could be a sustainable comparative advantage for Cyprus! The stupefying thing is that the other euro governments accepted this clause even though it was financially dangerous and certain to be rejected by the populace and its representatives. In following the relief produced by the substance of the new agreement, the Dutch finance minister and chairman of the Eurogroup announced that the Cypriot treatment was great news because it showed that bank depositors may be expected to contribute to future bailout packages. However this is explosive and potentially as damaging as the PSI initiative adopted at Deauville. There was immediate backtracking but this reminds us that the whole process remains fragile. All this being properly considered, we should examine the ongoing euro crisis along a different narrative.

And after having described the situation in Cyprus as potential chaos in the waiting, experts now explain the absence of collateral effects by referring to the July 2012 famous commitment of Mario Draghi.

What the above mentioned facts demonstrate is that markets and people outside of Cyprus adopted (at least until the Dutch minister’s proclamation) a much calmer view than specialized commentators. And after having described the situation in Cyprus as potential chaos in the waiting, experts now explain the absence of collateral effects by referring to the July 2012 famous commitment of Mario Draghi. This is at best an excuse for not exploring other explanations and at worst a superstition for placing too much power in his mouth. Rather, two broader facts should be emphasized:

• First, looking outside the eurozone, the euro has remained as attractive an international currency as before all the vicissitudes of the sovereign debt crisis despite all the aggressiveness on part of the international financial press. The exchange rate with the dollar constantly remained close to 1.3— a rate which reveals an over-valuation of the euro; such stability is surprising given all the daily announcements of its forthcoming collapse. This fact, which has never received proper attention, at the very least proves that the euro has always remained as attractive as the dollar. After all the drama we have gone through, there was little chance that the Cypriot episode will change this global perception of the euro.
  
  
• Second, within the eurozone, there is an underestimated willingness to stick to the euro as the currency of the European continent. Austerity measures are never popular and governments that adopt them have been punished in Greece, Spain, France and Italy. Nevertheless, this is the natural product of democracy, and when it comes to the explicit question— “do you prefer to stay in the eurozone, with its mechanisms and constraints, or move on your own?”— the popular answer everywhere has been “we stay”. This is what popular votes have proven in Ireland, Greece and Spain, as well as in Germany where local elections have regularly promoted euro-friendly candidates.

So what can we conclude from the recent crisis in Cyprus? The first conclusion is that Cyprus will pay a high price for exiting a dramatic situation and securing access to eurozone support; no other feasible deal was better than that one at that particular moment. Second, we have witnessed once again the willingness of the eurozone to stay the course, and its ability to design imperfect but feasible compromises, which is not so bad when compared to what’s going on in Washington. In brief, this is another Euro-solution. However, Cyprus is certainly not the last challenge confronting the governments and people of the eurozone. In that sense, the most problematic lesson from this chaotic week is not financial but political. The future of Europe more and more lies in the hands of Germany and there is no place here for accusing the Germans of egoism. Financially speaking, they have moved forward at every step during the last three years and they are the ones that repeatedly take the biggest risks. There is no question that Germany has a prominent voice and that it defends its financial security before entering into an agreement. This is what should have been expected and this is what we have seen with what happened in Cyprus. Looking forward, the bigger problem facing the eurozone is the urgent need to design a macroeconomic policy that will spur a return to growth for the region. On this issue, there is still no visible Euro-solution and that could prove to be the biggest risk facing Europe.

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By the end of May, citizens of Europe will have left the polling booths and a new European Parliament will have been directly elected for the eighth time in the institution’s history. Since the last elections were held in 2009 on the heels of the global financial crisis, the eurozone has developed stronger economic stability mechanisms, kept its membership intact, and even added additional members. Yet Europe also faces a resurgence of extreme nationalism, political fragmentation within nation-states, and frustration and protest driven by high rates of unemployment. There are very different visions for the future of Europe.

On June 3, the Global Economy and Development program at Brookings hosted a discussion on Europe’s future and what Europe’s election results mean for critical choices like the formation of the new European Commission, fiscal policies, U.S.-EU relations, TTIP negotiations and the future of the EU-United Kingdom relationship. Some of the issues that were addressed are also analyzed in Europe’s Crisis, Europe’s Future, a recently published book (Brookings Press, April 2014) co-edited by Kemal Derviș and Jacques Mistral.

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• The European Elections and the Future of Europe

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Ahmet Davutoğlu, Turkey's new Prime Minister, is a familiar name in Western capitals. It is also a name that generates mixed feelings among his peers.

What most agree is that he is was an incredibly ambitious and hardworking foreign minister, always willing to travel wherever necessary, even when the outcome of such visits generated little concrete results. There is also consensus about his willingness to lecture his counterparts. He probably believed that his academic background and the relative ignorance of his counterparts entitled him to do so. But in most cases he had a tendency to forget that he was dealing with fellow foreign ministers and not students of history. This tendency generated only a begrudging sense of respect, even among his most graceful and objective peers.

It is also clear for people who knew him when he was an academic that politics has changed him. In the eyes of most his students, he was a reluctant policymaker when he began his political life. He often mentioned that his real goal was to go back to academia, where he could once again enjoy the intellectual life of an analytical thinker who can keep a healthy distance from events. Yet, in a matter of few years he discovered the irresistible pull of power. It was maybe "Kissinger syndrome" — realizing that power is the ultimate aphrodisiac.

Perhaps most important is the question of Davutoğlu's ideology. There are numerous articles written about this question, and the emerging consensus is that he is an incurable idealist. It may be reductionist to argue that he is an Islamist, but it is undeniably true that he has focused on parts of the world where Muslims are facing injustice with much enthusiasm. Although he rejects being labeled neo-Ottoman, it is also undeniably true that he speaks of Ottoman tradition, tolerance and governance with great nostalgia. As most of his students, he is very critical of the West and its Orientalism. His years in Malaysia as a professor bring a colorful interpretation to his critic of colonialism and imperialism. Yet, what he often fails to realize is that in his criticisms of the West, he often repeats the methodological fallacy of Orientalism. The result is what can be best labeled "Occidentalism" — a tendency to generalize and construct a Western civilization with a prejudice similar to the one displayed by Orientalists.

Finally, there is the issue of missing modesty. Although Davutoğlu appears to be very modest and unpretentious, he often displays a stubborn resistance in admitting mistakes. This is perhaps a defense mechanism in dealing with the press. But combined with his unabashed sense of idealism, his reluctance to recognize failure and to see the world as it is rather than how it should be is very troubling for a policymaker. The reluctance to admit policy failures creates two major problems: a disconnect from reality and an inability for course-correction.

In short, there is a lot of ambivalence towards Davutoğlu in the West. He is coming to his new position with a lot of baggage and the looming shadow of a powerful president. Newly elected President Recep Tayyip Erdoğan wanted someone who would follow his lead without hesitation. His choice speaks volumes about Davutoğlu's new persona and about how much he has changed since the early days of his political career.

This article was originally published in Today's Zaman.

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For the first time in Turkey’s history, the electorate directly cast their votes for president earlier this week, overwhelmingly electing current Prime Minister Recep Tayyip Erdoğan to the position with 52 percent of the votes. After 12 years in power, Erdoğan’s victory was widely expected, even though the two main opposition parties chose Ekmeleddin İhsanoğlu as their common candidate in a rare show of unity, and Selahattin Demirtaş the leader of the main Kurdish political party in Turkey, tried hard to appeal to an electoral base beyond just Kurds. The impact of the election’s results, however, remains to be seen.

How should the election results be interpreted? Will Erdoğan succeed in transforming Turkey from a parliamentary system to a presidential one? Who will he chose as prime minister? What will this outcome mean for Turkey’s economic performance and its foreign policy at a time when the neighborhood is sliding deeper into instability, if not chaos? What will happen to Turkey’s European vocation and its transatlantic relations?

On September 4, the Turkey Project of the Center on the United States and Europe at Brookings hosted a panel discussion to consider what President Erdoğan’s new mandate means for the nation, its government and institutions and the ruling Justice and Development Party. Kemal Kirisci, TÜSİAD senior fellow and Turkey project director, moderated the conversation. Panelists included Robert Wexler of the S. Daniel Abraham Center for Middle East Peace, Kadir Üstün of the SETA Foundation, and Brookings Nonresident Senior Fellow Ömer Taşpınar.

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How to reconcile the approaches of Turkey and the United States over Syria? Both countries seek to depose President Assad while defeating ISIL, and also while reducing the terrible humanitarian plight of the Syrian people which has, among other effects, sent nearly two million refugees onto Turkish soil. But Ankara, wary of its own Kurdish population and particularly the militant PKK, which espouses violence in the pursuit of potential independence, is extremely reluctant to see Syrian Kurds armed and otherwise assisted by Washington. Alas, the Syrian Kurds, mostly aligned with the PKK, appear to be the only element of the so-called moderate opposition gaining any real traction, or showing any real military competence, within Syria. To lose the ability to work closely with them may, among other things, call into serious doubt Washington’s aspirations to help Syrian moderates mount a campaign against Raqqa, the capital of the region now controlled by ISIL. What a mess.

There are no easy answers here, but there may in fact be a plausible path forward—a strategy that, if Washington were to adopt it, could assuage many Turkish concerns and lead to gradual progress in the campaign to put real military pressure on both ISIL and the Assad regime.

The first element of the new strategy begins with a more realistic framing of the military goals of the international coalition opposing both Assad and ISIL. Washington must take the lead on this. The starting point is to begin with a vision for the future of Syria based on confederation.

Declaring such a goal could help reconcile, or at least “deconflict,” American and Turkish views on the conflict. By now, it must be clear that aspiring to a strong successor government to the Assad regime is to hope for a miracle. Even if such a government could be constructed on paper, what army is going to give it authority? The current Syrian army is too tainted by Assad’s barbarism; the various militias in the country are too fractured and weak; ISIL itself must be defeated, so its fighters cannot be part of any solution. One reason Turkey does not trust the United States now in the conflict is that Washington’s stated goals are so out of kilter with the means it is willing to devote to the effort. A confederal model for Syria, though still ambitious, could help reduce the chasm between ends and means, making the strategy more credible.

A weak central government, tying together various separate sectors of the country that are governed and protected by their own autonomous institutions, makes much more sense. Confederation doesn’t mean the partitioning of Syria. In fact, a confederal solution is probably the best way to avoid disintegration. Such a concept could, among its other virtues, provide an outlet for Assad (he could go into internal exile in the future Alawite sector of the country). It could cap any aspirations among Kurds for self-rule well short of the possible goal of independence—the latter being something that Ankara would find fundamentally unacceptable. It could also provide a viable path forward for Russia—as principal protector of the Alawite sector in a future peacekeeping mission, after an eventual negotiated settlement.

As for the specific matter of the Kurds, additional steps are needed. The PKK needs to commit not to employ violence against Turkey any longer—not now, not in the future. But it can be given a new role, for those of its fighters seeking to stand up for their own people in a responsible way: as part of the Kurdish opposition within Syria. The PKK can be allowed safe passage into northern Syria, where its fighters can join the PYD militia there. They can help take on ISIL in support of the campaign now being envisioned against Raqqa as well as other missions. In return for the PKK’s demilitarization in Turkish territories, Ankara should immediately restart negotiations with the organization and this time quickly deliver on its promises of reforms.

There is one more key piece to this: American special forces would need to deploy on the ground too, building further on the very modest but welcome decision to several dozen Americans into Northern Syria. The Kurdish zone in Syria is reasonably well-established, so the risks associated with this move are likely manageable. The special forces would help further recruit, train, equip and advise these fighters as they work with nearby Arab units to prepare the next steps in the war. In addition to strengthening the Kurdish forces, the Americans would help monitor the custodianship of any weapons that were delivered to these units to help ensure they were not taken back into Turkey. The American commitment would have to be open-ended, until the conflict could be brought to a reasonable settlement. But it would not be large.

None of this is easy or particularly appealing. But neither is any dimension of the Syrian war. Right now, it is a war we are collectively losing. We need a new path forward, and the starting point has to be one that Turkey and the United States can truly rally together behind.

Abstract

An individual-based computational model of smallpox epidemics in a two-town county is presented and used to develop strategies for bioterror containment. A powerful and feasible combination of preemptive and reactive vaccination and isolation strategies is developed which achieves epidemic quenching while minimizing risks of adverse side effects. Calibration of the model to historical data is described. Various model extensions and applications to other public health problems are noted.

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ABSTRACT

Background

In classical mathematical epidemiology, individuals do not adapt their contact behavior during epidemics. They do not endogenously engage, for example, in social distancing based on fear. Yet, adaptive behavior is well-documented in true epidemics. We explore the effect of including such behavior in models of epidemic dynamics.

Methodology/Principal Findings

Using both nonlinear dynamical systems and agent-based computation, we model two interacting contagion processes: one of disease and one of fear of the disease. Individuals can “contract” fear through contact with individuals who are infected with the disease (the sick), infected with fear only (the scared), and infected with both fear and disease (the sick and scared). Scared individuals–whether sick or not–may remove themselves from circulation with some probability, which affects the contact dynamic, and thus the disease epidemic proper. If we allow individuals to recover from fear and return to circulation, the coupled dynamics become quite rich, and can include multiple waves of infection. We also study flight as a behavioral response.

Conclusions/Significance

In a spatially extended setting, even relatively small levels of fear-inspired flight can have a dramatic impact on spatio-temporal epidemic dynamics. Self-isolation and spatial flight are only two of many possible actions that fear-infected individuals may take. Our main point is that behavioral adaptation of some sort must be considered.”

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Despite the attention on the mid-term races, few elections are competitive. Electoral competition, already low at the national level, is in decline in state and primary elections as well. Reformers, who point to gerrymandering and a host of other targets for change, argue that improving competition will produce voters who are more interested in elections, better-informed on issues, and more likely to turn out to the polls.

On October 27, the Brookings Institution—in conjunction with the Cato Institute and The Pew Research Center—presented a discussion and a groundbreaking survey exploring the attitudes and opinions of voters in competitive and noncompetitive congressional districts. The survey, part of Pew's regular polling on voter attitudes, was conducted through the weekend of October 21. A series of questions explored the public's perceptions, knowledge, and opinions about electoral competitiveness.

The discussion also explored a publication that addresses the startling lack of competition in our democratic system. The Marketplace of Democracy: Electoral Competition and American Politics (Brookings, 2006), considers the historical development, legal background, and political aspects of a system that is supposed to be responsive and accountable, yet for many is becoming stagnant, self-perpetuating, and tone-deaf. Michael McDonald, editor and Brookings visiting fellow, moderated a discussion among co-editor John Samples, director of the Center for Representative Government at the Cato Institute, and Andrew Kohut and Scott Keeter from The Pew Research Center, who also discussed the survey.

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If you're an upstanding U.S. citizen, you'll stand up and be counted this Election Day, right? Well, maybe not. Just because Americans can vote doesn't mean they do. But who shows up is what decides the tight races, which makes turnout one of the most closely watched aspects of every election -- and one that has fostered a number of myths. Here are five, debunked:

1. Thanks to increasing voter apathy, turnout keeps dwindling.

This is the mother of all turnout myths. There may be plenty of apathetic voters out there, but the idea that ever fewer Americans are showing up at the polls should be put to rest. What's really happening is that the number of people not eligible to vote is rising -- making it seem as though turnout is dropping.

Those who bemoan a decline in American civic society point to the drop in turnout from 55.2 percent in 1972, when 18-year-olds were granted the right to vote, to the low point of 48.9 percent in 1996. But that's looking at the total voting-age population, which includes lots of people who aren't eligible to vote -- namely, noncitizens and convicted felons. These ineligible populations have increased dramatically over the past three decades, from about 2 percent of the voting-age population in 1972 to 10 percent today.

When you take them out of the equation, the post-1972 "decline" vanishes. Turnout rates among those eligible to vote have averaged 55.3 percent in presidential elections and 39.4 percent in midterm elections for the past three decades. There has been variation, of course, with turnout as low as 51.7 percent in 1996 and rebounding to 60.3 percent by 2004. Turnout in the most recent election, in fact, is on a par with the low-60 percent turnout rates of the 1950s and '60s.

2. Other countries' higher turnout indicates more vibrant democracies.

You can't compare apples and oranges. Voting rules differ from nation to nation, producing different turnout rates. Some countries have mandatory voting. If Americans were fined $100 for playing voter hooky on Election Day, U.S. participation might increase dramatically. But in fact, many people with a ballot pointed at their head simply cast a blank one or a nonsense vote for Mickey Mouse.

Moreover, most countries have national elections maybe once every five years; the United States has presidential or congressional elections every two years. Frequent elections may lead to voter fatigue. New European Union elections, for instance, seem to be depressing turnout in member countries. After decades of trailing turnout in the United Kingdom, U.S. turnout in 2004 was on a par with recent British elections, in which turnout was 59.4 percent in 2001 and 61.4 percent in 2005.

Americans are asked to vote more often -- in national, state, local and primary contests -- than the citizens of any other country. They can be forgiven for missing one or two elections, can't they? Even then, over the course of several elections, Americans have more chances to participate and their turnout may be higher than that in countries where people vote only once every five years.

3. Negative ads turn off voters and reduce turnout.

Don't be so sure. The case on this one is still open. Negative TV advertising increased in the mid-1980s, but turnout hasn't gone down correspondingly. The negative Swift boat campaign against Sen. John F. Kerry (D-Mass.) apparently did little to depress turnout in the 2004 presidential race.

Some academic studies have found that negative advertising increases turnout. And that's not so surprising: A particularly nasty ad grabs people's attention and gets them talking. People participate when they're interested. A recent GOP attack ad on Rep. Harold E. Ford Jr. (D-Tenn.), a Senate candidate, has changed the dynamic of the race, probably not because it changed minds or dissuaded Democrats, but because it energized listless Republicans.

We'll have to wait to see whether the attack on Ford backfires because voters perceive it as unfair. That's the danger of going negative. So campaigns tend to stick to "contrast ads," in which candidates contrast their records with those of their opponents. When people see stark differences between candidates, they're more likely to vote.

4. The Republican "72-hour campaign" will win the election.

Not necessarily. You can lead citizens to the ballot, but you can't make them vote.

Republicans supposedly have a super-sophisticated last-minute get-out-the-vote effort that identifies voters who'll be pivotal in electing their candidates. Studies of a campaign's personal contact with voters through phone calls, door-to-door solicitation and the like find that it does have some positive effect on turnout. But people vote for many reasons other than meeting a campaign worker, such as the issues, the closeness of the election and the candidates' likeability. Further, these studies focus on get-out-the-vote drives in low-turnout elections, when contacts from other campaigns and outside groups are minimal. We don't know what the effects of mobilization drives are in highly competitive races in which people are bombarded by media stories, television ads and direct mail.

Republican get-out-the-vote efforts could make a difference in close elections if Democrats simply sat on the sidelines. But this year Democrats have vowed to match the GOP mobilization voter for voter. So it'll take more than just knowing whether a prospective voter owns a Volvo or a BMW for Republicans to eke out victory in a competitive race.

5. Making voter registration easier would dramatically increase turnout.

Well, yes and no.

In 1993, the Democratic government in Washington enacted "Motor Voter," a program that allowed people to register to vote when they received their driver's license or visited a welfare office. Democrats thought that if everyone were registered, turnout rates would increase -- by as much as 7 percentage points.

But while many people registered to vote, turnout didn't go up much. Subsequent studies found only small increases in turnout attributable to Motor Voter, perhaps 2 percentage points.

Sizable increases in turnout can be seen in states with Election Day registration, which allows people to register when they vote. This may be related to the fact that lots of people don't make up their minds to vote until Election Day, rather than months in advance when they get a license.

On November 7, millions of Americans will exercise their civic duty to vote. At stake will be control of the House and Senate, not to mention the success of individual candidates running for office. President Bush's "stay the course" agenda will either be enabled over the next two years by a Republican Congress or knocked off kilter by a Democratic one.

With so much at stake, it is not surprising that the Pew Research Center found that 51 percent of registered voters have given a lot of thought to this November's election. This is higher than any other recent midterm election, including 44 percent in 1994, the year Republicans took control of the House. If so, turnout should better the 1994 turnout rate among eligible voters of 41 percent.

There is good reason to suspect that despite the high interest, turnout will not exceed 1994. The problem is that a national poll is, well, a national poll, and does not measure attitudes of voters within states and districts.

People vote when there is a reason to do so. Republican and Democratic agendas are in stark contrast on important issues, but voters also need to believe that their vote will matter in deciding who will represent them. It is here that the American electoral system is broken for many voters.

Voters have little choice in most elections. In 1994, Congressional Quarterly called 98 House elections as competitive. Today, they list 51. To put it another way, we are already fairly confident of the winner in nearly 90 percent of House races. Although there is no similar tracking for state legislative offices, we know that the number of elections won by less than 60 percent of the vote has fallen since 1994.

The real damage to the national turnout rate is in the large states of California and New York, which together account for 17 percent of the country's eligible voters. Neither state has a competitive Senate or Governor's election, and few competitive House or state legislative races. Compare to 1994, when Californians participated in competitive Senate and governor races the state's turnout was 5 percentage points above the national rate. The same year New York's competitive governor's race helped boost turnout a point above the national rate.

Lacking stimulation from two of the largest states, turnout boosts will have to come from elsewhere. Texas has an interesting four-way governor's race that might draw from infrequent voters to the polls. Ohio's competitive Senate race and some House races might also draw voters. However, in other large states like Florida, Illinois, Michigan and Pennsylvania, turnout will suffer from largely uncompetitive statewide races.

The national turnout rate will likely be less than 1994 and fall shy of 40 percent. This is not to say that turnout will be poor everywhere. Energized voters in Connecticut get to vote in an interesting Senate race and three of five Connecticut House seats are up for grabs. The problem is that turnout will be localized in these few areas of competition.

The fault is not on the voters; people's lives are busy, and a rational person will abstain when their vote does not matter to the election outcome. The political parties also are sensitive to competition and focus their limited resources where elections are competitive. Television advertising and other mobilizing efforts by campaigns will only be found in competitive races.

The old adage of "build it and they will come" is relevant. All but hardcore sports fans tune out a blowout. Building competitive elections -- and giving voters real choices -- will do much to increase voter turnout in American politics. There are a number of reforms on the table: redistricting to create competitive districts, campaign financing to give candidates equal resources, and even altering the electoral system to fundamentally change how a vote elects representatives. If voters want choice and a government more responsive to their needs, they should consider how these seemingly arcane election procedures have real consequences on motivating them to do the most fundamental democratic action: vote.

Senator Barack Obama’s Iowa victory has been largely attributed to his success among young voters.  According to the entrance polls, not only did he win an outright majority of the youth vote, the 24-and-under crowd also turned out to vote with unusual strength.

Can he do it again in New Hampshire and beyond?

The Iowa caucuses are unusual in three key respects when it comes to mobilization of young voters and their influence on the election outcome.

First, Obama and the other candidates have spent the last year building impressive organizations within Iowa to mobilize their supporters.  In this decade, campaigns have retooled their get-out-the-vote efforts to emphasize person-to-person contact, which has been demonstrated to significantly increase turnout among all voters.  Turnout in both parties’ caucuses—particularly the record 236,000 on the Democratic side—benefited from peaked voter interest and this new campaign tactic.

Unlike previous efforts to mobilize young voters by concerts and celebrities, young voters are particularly energized when encouraged to vote by their peers.  Obama’s campaign specifically tailored mobilization efforts to young voters.  It clearly worked, as the youth were a larger share of caucus attendees than they were four years ago.

Second, the caucuses occur in the evening when people with families, and/or working night shifts, are unable to participate.  The caucuses favor turnout among people who have time on their hands, like students who have yet to return to college from their winter break. 

Third, despite the historically high turnout on the Democratic side of the Iowa caucuses, the caucuses are still low-turnout affairs, with only about 16 percent of eligible Iowans participating on January 3.  Where organization and time can galvanize youth relative to other Iowa caucus attendees, it is highly unlikely that young voters will be as large a share of the electorate in primary states like New Hampshire where more people participate simply because voting is less burdensome.

These factors suggest that Obama will be disadvantaged in upcoming elections. 

But surprisingly, no; it is Hillary Clinton who will be disadvantaged because of the age of her supporters.

Where Obama’s support comes from the youth, Clinton’s comes from the elderly.  She was just shy of winning a majority of their vote in the Iowa caucuses.

Like the youth, the elderly also traditionally constitute a larger share of Iowa caucus attendees than of primary voters.  Older Americans are habitual voters and have time on their hands.

When candidate support among the different ages of Iowa caucus attendees are applied to the age distribution of the 2004 New Hampshire Democratic primary electorate, support for Obama and John Edwards rises, while support for Clinton actually decreases. 

Obama’s strength among people in their 30’s—a demographic he also won—will likely pack a larger wallop among the larger New Hampshire electorate, offsetting the youth’s lower share of the electorate.

Edwards, who eked out a win among middle-aged voters, benefits from their higher turnout. Edward's attacks on Clinton following Iowa make strategic sense. He believes that if he can become the alternative to Obama, Clinton's older supporters will flock to him, setting up all out generational war on the Democratic side.

Clinton sees her elderly support base diminish, and it is not replenished with fresh voters elsewhere.

Of course, the situation is still fluid.  2008 is not 2004, New Hampshire is not Iowa and we have yet to see where Joe Biden’s and Chris Dodd’s supporters go now that those contenders are out. 

Yet, Obama’s eggs are not all in one basket.  He does not need to rely on young voters solely to win New Hampshire; he just needs them to be as animated as they were in Iowa to add to his support among their slightly older peers. 

On the Republican side, we have to look back eight years to the last contested Republican nomination to understand what increased youth turnout means to the election outcome. It does not appear to be much. The age profile of the Republican Iowa 2000 electorate looks similar to that of 2008, with the exception that the 2008 Republican electorate is more middle-aged. When the Republican contest moved from the Iowa caucuses to the New Hampshire primary in 2000, the age profile remained relatively steady with the exception that the share of the electorate of those in their 30's increased while those 60 and older decreased.

Mike Huckabee won every age demographic category in 2008, but so did George W. Bush in 2000. John McCain came roaring back from an Iowa fifth place finish in 2000 to win New Hampshire and is poised to do so again. The difference between Iowa and New Hampshire Republican electorates is more about their ideologies rather than their ages.

There may still be something to learn from the age distribution of support for the Republican candidates. McCain drew his support in 2000 and from middle-aged and older voters, who together will likely make up a majority of the New Hampshire Republican electorate. Will he do it again in 2008?

Looking past Huckabee's Iowa's support, McCain and Mitt Romney both drew more support from older voters. There are thus three candidates vying for votes from older New Hampshire independents, who may choose to vote in either the Democratic or Republican primary: McCain, Romney, and Clinton. This may favor Obama, too, as his independent supporters are not faced with the same difficult choice of which primary to vote in as Clinton's are.

Event Information

As the recent primary in Delaware attests, this year's midterm elections continue to offer unexpected twists and raise large questions. Will the Republicans take over the House and possibly the Senate? Or has the Republican wave ebbed? What role will President Obama play in rallying seemingly dispirited Democrats -- and what effect will reaction to the sluggish economy play in rallying Republicans? Is the Tea Party more an asset or a liability to the G.O.P.'s hopes? What effect will the inevitably narrowed partisan majorities have in the last two year's of Obama's first term? And how will contests for governorships and state legislatures around the nation affect redistricting and the shape of politics to come?

On October 4, a panel of Brookings Governance Studies scholars, moderated by Senior Fellow E.J. Dionne, Jr., attempted to answer these questions. Senior Fellow Thomas Mann provided an overview. Senior Fellow Sarah Binder discussed congressional dynamics under shrunken majorities or divided government. Senior Fellow William Galston offered his views on the administration’s policy prospects during the 112th Congress. Nonresident Senior Fellow Michael McDonald addressed electoral reapportionment and redistricting around the country.

Video

• Partisan Gridlock post-Elections?
• GOP Influence over Redistricting, Reapportionment
• Working Within Divided Government
• Good Conditions for GOP in 2010 Midterms

Audio

• Midterm Elections 2010: Driving Forces, Likely Outcomes, Possible Consequences

Transcript

• Uncorrected Transcript (.pdf)

Event Materials

• 20101004_midterm_elections

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]
 

Federal departments and agencies received just above $133 billion in R&D funds in 2013. To put that figure in perspective, World Bank data for 2013 shows that, 130 countries had a GDP below that level; U.S. R&D is larger than the entire economy of 60 percent of all countries in the world.

The chart below shows how those funds are allocated among the most important federal departments and agencies in terms of R&D.

Despite the impressive size of defense R&D, we hear little about it. While much of defense research and development is classified, in time, civilian applications find their way into mainstream commercial uses—the Internet and GPS emerged from research done at DARPA. Far more visible than defense R&D is biomedical research, clean energy research, or news about truly impressive discoveries either in distant galaxies or in the depths of our oceans.

What produces this asymmetry of visibility of federal R&D work?

In a recent Brookings paper, a colleague and I suggest that the answer lies in the prominence of R&D in the agencies’ accounting books. In short: How visible is R&D and how much the agency seeks to discuss it in public fora depends not on the relative importance, but on how large a portion of the agency’s budget is dedicated to R&D.

From a budget perspective, we identified two types of agencies performing R&D: those agencies whose main mission is to perform research and development, and those agencies that perform many functions in addition to R&D. For the former, the share of R&D in the discretionary budget is consistently high, while for the latter group, R&D is only a small part of their total budget (see the chart below). This distinction influences how agencies will argue for their R&D money, because they will make their case on the most important uses of their budget. If agencies have a low R&D share, they will keep it mixed with other functions and programs; for instance, research efforts will be justified only as supporting the main agency mission. In turn, agencies with a high R&D share must argue for their budgets highlighting the social outcomes of their work. These include three agencies whose primary mission is research (NASA, NSF, NIH), and a fourth (DoE) where research is a significant element of its mission.

There is little question that the four agencies with high R&D share produce greatly beneficial research for society. Their strategy of promoting their work publicly is not only smart budget politics but also civic and pedagogical in the sense of helping taxpayers understand that their tax dollars are well-spent. However, it is interesting to observe that other agencies may be producing research of equal social impact that flies under the public radar, mainly because those agencies prefer as a matter of good budget policy to keep a low profile for their R&D work.

One interesting conclusion for institutional design from this analysis is that promoting a research agency to the level of departments of government or its director to a cabinet rank position may bring prominence to its research, not because more and better research will necessarily get done but simply because that agency will seek public recognition for their work in order to justify its budget. Likewise, placing a research agency within a larger department may help conceal and protect their R&D funding; the politics of the department will focus on its main goals and R&D would recede to a concern of secondary interest in political battles.

In the Politics of Federal R&D we discuss in more detail the changing politics of budget and how R&D agencies can respond. The general strategies of concealment and self-promotion are likely to become more important for agencies to protect a steady growth of their research and development budgets.

Data sources: R&D data from the American Association for the Advancement of Sciences historical trends in Federal R&D. Total non-discretionary spending by federal agency from the Office of Management and Budget.

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.

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.

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. 

Event Information

A conversation with Senator John McCain

On May 19, the Center for 21st Century Security and Intelligence at Brookings (21CSI) hosted Senator John McCain (R-Ariz.) to address major reforms to the organization of the Department of Defense, the defense acquisition system, and the military health system included in the National Defense Authorization Act for Fiscal Year 2017, which is planned for consideration by the Senate as soon as next week.

Given his role as chairman of the Senate Armed Services Committee, McCain also addressed ongoing budget challenges for the Department of Defense and the military and his views on what needs to be done. Michael O’Hanlon, senior fellow and co-director of 21CSI, moderated the discussion.

Join the conversation on Twitter using #FY17NDAA

Video

• Introduction by Martin Indyk, and remarks by Sen. John McCain
• Discussion between Sen. John McCain and Michael O'Hanlon

Audio

• New demands on the military and the 2017 National Defense Authorization Act

Transcript

• Uncorrected Transcript (.pdf)

Event Materials

• 20160519_mccain_defense_transcript

Editors’ Note: One week after this post was originally published, President Benigno Aquino of the Philippines said that the United States must take action in the South China Sea if China takes steps towards reclaiming the Scarborough Shoal. Michael O’Hanlon updated this post on May 23 with a brief response, below. The original post appears in full after the break.

Predictably, some experts—as well as now the Philippines' leader, President Benigno Aquino—are arguing that the United States should militarily prevent China from seizing the Scarborough Shoal, a disputed but basically worthless land formation in the open waters between the Philippines and China. The formation is admittedly three times closer to the Philippines than to China, but it is not important—and it is definitely not worth fighting China over. Loose talk of red lines and of the supposed need for the United States to "take military action" makes the problem sound far too antiseptic and easily manageable. In fact, any direct use of military power that resulted in the deaths of Chinese (or American) military personnel would raise serious dangers of escalation. 

The United States does need to ensure access to the sea lanes of the South China Sea. And it should help protect the populated areas of any allied country, including the Philippines. It should not recognize Chinese territorial or economic claims to areas surrounding disputed (or reclaimed) land formations, even if China occupies some of these islets and other features. And it should consider proportionate responses in the economic realm to any Chinese aggression over the Scarborough Shoal, as well as the possibility of expanded and permanent U.S. military presence in the area. But it should not shoot at Chinese ships, planes, or troops over this issue. It's just not worth it, and we have more appropriate and measured options for response if needed.

[Original post, from May 12]

President-elect Rodrigo Duterte of the Philippines, known for his Trump-like rhetoric and supra-legal methods of reducing crime while mayor of Davao City on the island of Mindanao, is already causing consternation in many parts of the world. His previous tolerance for vigilantes as a crime-fighting tool, for example, is cause for concern.

But in other cases, we should relax and keep an open mind. For example, while The Washington Post editorial page has lamented that he appears willing to do a deal with Beijing—accepting Chinese investment in the Philippines while allowing China to enforce its claims to the uninhabited Scarborough Shoal in the South China Sea—that particular outcome may actually be good for the United States. 

Provocateurs in Beijing

Let’s situate the Scarborough Shoal issue in broader context. In recent days, the United States sailed a major Navy vessel, the William P. Lawrence, within 12 miles of the Fiery Cross Reef, a land formation in the Spratly Islands of the South China Sea that China has transformed into a 700-acre artificial island. China objected strenuously. Meanwhile, everyone awaits the ruling of an international arbitration panel, expected later this spring, on whether China or the Philippines (or neither) is the rightful claimant to the Scarborough Shoal.

To be sure, the broad problem starts in Beijing; The Washington Post is not wrong on that basic point. Incredulously, invoking fishing histories from many centuries ago, China claims not only most of the shoals and sand bars and small islands of the South China Sea, and not only the surrounding fisheries and seabed resources, but the water itself. Its so-called nine-dash line, which encompasses almost all of the South China Sea—including areas much closer to the Philippines and Indonesia and other key countries than to China’s own territory—can be interpreted as a claim to sovereign ownership. Fears that it will declare an associated air defense identification zone further complicate the picture.

Map of the South China Sea locating China's nine-dash line claim on the South China Sea, and the Air Defense Identification Zone (ADIZ). Note: The Spratleys, Parcels, and other islands in the South China Sea are disputed to various degrees by different parties. Photo credit: Reuters.

America’s aims are far less disruptive to the status quo. But of course, for America, the region is also much further away. In Chinese eyes, we already have our Caribbean Sea, and Gulf of Mexico—not to mention our extensive east and west seacoasts and other maritime domains. By contrast, China is largely hemmed in by land on three sides and Japan together with the U.S. Navy on the fourth. For Washington to deny China even a modest version of its own special waters strikes many in Beijing as haughty and hegemonic. 

America’s aims are far less disruptive to the status quo.

Choosing our historical analogies wisely

Of course, the United States is making no claims of its own in the region. Nor is Washington trying to dictate outcomes on all disputes. Washington does not take a position on who owns the land features of the South China Sea. Nor does it oppose any plan for joint exploitation of the area’s resources that regional states can agree on. Nor can the United States, or any other country, be expected to let China restrict naval and commercial shipping maneuvers through this region, through which at least one-third of the world’s commerce traverses. Nor should Washington abandon treaty allies—most notably in this case, the Philippines—if they come under fire from Chinese warships (as has happened before). And in fairness to Filipinos, the Scarborough Shoal is much closer to their country than to China, by a distance factor of more than three to one.

Yet there is a problem in Washington’s thinking, too. Given the way rising powers have behaved throughout history, it is unrealistic to think that China wouldn’t seek to translate its greater economic and military strength into some type of strategic benefit. Yet Washington expects China to stop building artificial islands, to abstain from deploying military assets to the region, and to accept adjudication of disputes over territory by an international panel.

... it is unrealistic to think that China wouldn’t seek to translate its greater economic and military strength into some type of strategic benefit.

Many Americans would view any bending of the rules in Beijing’s favor as appeasement and thus an invitation to further imperialistic behavior by China. We have learned the lessons of World War II and the Cold War very well. 

But it is also important to bear in mind the lessons of World War I, when great powers competed over relatively minor issues and wound up in a terrible conflict. Just as Germany had been largely shut out of the colonialism competition prior to 1914, making its leaders anxious to right what they saw as historical wrongs in advancing their own interests once they had the capacity, it is possible that China will refuse to accept the status quo going forward. By this alternative reading of history, our job should be to persuade China to be content with very minor adjustments to the existing global order—and to remind Chinese that they have benefited greatly from that order—rather than to oppose each and every small act of Chinese assertiveness as if it portended the first of many dominoes to fall. The good news in this case is that China is not challenging existing state borders, threatening established population centers, or using lethal force as a default instrument of state power. Its behavior is worrying, to be sure—but not particularly surprising, and by the standards of history, relatively benign to date.

Walk the line

With this perspective in mind, the United States should continue to insist on freedom of navigation in the South China Sea, and sail its ships wherever it wants, including within 12 miles of reclaimed islands. It should punish China for any future, limited use of military violence against a country like the Philippines by shoring up alliances, increasing forward U.S. military deployments, and imposing economic sanctions in concert with allies. But it should not itself use lethal force to directly respond to most small possible Chinese provocations or to evict People’s Liberation Army forces from disputed islands and shoals. It should tolerate some modest degree of expanded Chinese military presence in the area. And it should encourage regional friends to accept deals on joint economic exploitation of the region’s resources in which China would in effect be first among equals—though of course the exact meaning of that phrase would require careful delineation. 

Its behavior is worrying, to be sure—but not particularly surprising, and by the standards of history, relatively benign to date.

Duterte’s willingness to do a deal with China would seem to fit with these criteria, without surrounding any substantial claims to Beijing, and without suggesting any weakening in its ties to the United States either. The Philippines shouldn’t concede meaningful economic resources in the waters and seabeds surrounding the Scarborough Shoal. But ownership and control of the land features themselves are a minor matter about which Manila might well usefully compromise.

The United States and China are likely to be jostling for position in the South China Sea for years. That is probably inevitable. It is also tolerable, if we keep our cool while also maintaining our resolve—and if we patiently look for an ultimate compromise on the issues that currently divide America and its regional friends from Beijing. Ironically, the strongman from Mindanao may help us along with this process.