Archive for March 20th, 2009

The Congress AIG Bonus Bill: Bravo! (Seriously…)

Great. Now there’s a backlash to the backlash to the AIG bonuses, and everyone is scolding Congress for acting so rashly in crafting a bill designed to recover 90% of the bonuses in taxes.

Conservatives are complaining the bill is unconstitutional and unproductive. In his Obama interview, Jay Leno said he’s frightened about its implications, and dagblog.com’s own Genghis is mocking the effort.

Gimme a break.

Don’t get me wrong. I have plenty of problems with this bill.

I question the constitutionality of the law.

I think targeting bonuses alone is unwise and insufficient. Companies will just get around the law by increasing base salaries, and bonuses in any case are a reasonable compensation incentive, as long as they’re tightly tied to performance at the individual AND corporate level.

I agree that some talented people may be poached by companies not encumbered by the law and that this would put the very institutions we’re trying to rescue even further behind the eight ball.

I worry that banks that aren’t healthy may try to return the TARP money as soon as possible, undermining the main purpose of the program in the first place – keeping the banks well capitalized and the credit flowing.

However, I think all of these potential issues aren’t nearly as concerning as the critics would have you believe.

I’m no lawyer or Constitutional expert, but I do believe the bill of attainder issue has been at least somewhat addressed by broadening the law to include bonuses paid by any bank receiving a certain amount of TARP money. At a minimum, the answer doesn’t appear clear-cut and deciding questions of legislative constitutionality is one of the reasons why we have the court system anyway.

While I’d rather have Congress devise a broader, much more considerate compensation bill, I’m not going to cry that banks which are receiving significant sums of taxpayer money in order to stay solvent are severely limited in their ability to pay out bonuses to people already making a very good living (the bill only targets households with income greater than $250,000). When these banks are healthy and making a profit again, they can return the money and institute whatever compensation policies they want.

In terms of top talent leaving banks targeted by the bill, I think this concern has been wildly exaggerated. The financial industry has been decimated; unemployment in the sector is very high and even some very talented capable individuals are out of work and available should any talent be poached. Besides, you gotta find it laughable that we are worried about these ‘best and the brightest’, since it was in large part these very same folks with their fancy financial alchemy that created the monster which finally broke our system. Perhaps a thorough management cleansing at some of these companies would ultimately be helpful.

I also largely dismiss concerns regarding the unintended consequences of incentivizing banks to return the TARP money too quickly. If banks are healthy, we want them to return the TARP money as soon as possible. If banks are not healthy, and still attempt to return the TARP money, the government can stop them. Government regulation requires a certain amount of capitalization, and the stress tests will hopefully further separate the healthy institutions from the sick ones.

In short, I am glad Congress is moving in haste on this issue, even if in practical terms the AIG bonuses are chicken feed and any legislation addressing them will do very little in terms of getting us out of our current mess.

Would it have been so much better had we used force of law to stop AIG from giving out the bonuses n the first place? Absolutely, and if Geithner or others did not act forcefully enough to make that happen, I hope they are taken to task for that failure.

Do I hope our legislators take the time to craft a meaningful, defensible bill that minimizes any negative unintended consequences? Of course. Now that the first tranche of bonuses have already been paid out, and it will be up to the government to get the money back, it only makes sense to do this right.

But symbolism matters, and if we plan on continuing this practice of doling out hundreds of billions of dollars to companies in need, we have to show that this kind of behavior won’t be tolerated. It’s our money, and we have a right to say how it is used.

If in the process, we begin talking about how our culture of excess and misaligned compensation policies led to an unhealthy focus on short-term profit and an imbalance in dangerous risk-taking, then all the better.

CBS, Microsoft: Brilliant NCAA Tournament Silverlight strategy

Except for a couple of close final games, it was a pretty uneventful first day in the 2009 NCAA March Madness tourney (you know it can’t have been too interesting when your girlfriend correctly selects every game but one – way to ruin her perfect day, Fightin’ Illini, you bastards!).

So I figured instead of discussing the actual games, I’d quickly mention an interesting side issue surrounding CBS Sports’ online coverage of the tourney.

First of all, kudos to Microsoft for being the exclusive provider of the software to run the high-quality version of the video feed. Ironically enough, because I use Firefox and not Microsoft’s IE browser, the standard Flash-based video player at 550 kbps streaming wasn’t even an option for me. I had to use the high-quality Silverlight version, which can stream as fast 1.5 Mbps.

Teaming up with CBS for the tournament is a brilliant move on the part of Microsoft, which is trying to catch up from way behind its main competitor in the video delivery space, Adobe and its Flash technology. Obviously, I don’t know how much Microsoft is paying for this right, but I’ve already somewhat reluctantly downloaded Silverlight on three different computers in my house. Last year, 4.8 million people watched at least part of the NCAA tournament online, so it should end up providing a huge quick way for Microsoft to close the gap.

And I have to admit, I’ve been pretty impressed with the Silverlight software, both in terms of usability and streaming quality. It’s a quite solid experience all around.

One of the Silverlight features that I’m not the biggest fan of is that the software disables the ability to switch games during most commercial breaks. It actually took me a long time to realize that’s why the ‘Live Games’ button wasn’t working at certain points. I’m kind of slow!

I may not like it, but forcing their users to watch at least some ads is a brilliant move on the part of CBS. And it’s probably fair, when you think about it because the only way content like this is going to be continued to be offered for free is if it’s subsidized by advertisers. At least the feature isn’t totally obnoxious; if you switch games only to find out that the other game you’ve moved to is in the middle of its own commercial break, the software is smart enough to allow you to switch games again.

CBS also did a smart thing by always keeping its advertising partners’ logos displayed at the top of the screen even when you expand the video ‘full screen’.

Now obviously in the day and age of Tivo, when people’s patience with marketing content wears thin quickly, I’d rather advertisers try and capture viewers’ attention through clever and relevant marketing and not brute technological force, But in this case, it’s not like the viewers have a choice – if you want to watch the tourney, this is your only option, so CBS and Microsoft are wise to take advantage of that exclusivity.

P.S. Apparently, CBS and Microsoft are also working with YouTube to offer its live broadcasts. Also pretty innovative.

P.P.S. Can anyone help me out on a techie issue – when my girlfriend watches the tourney on her Samsung NC10 netbook, the bottom of the video is cut off, so she can’t see the scores nor access the software’s controls. Is that because of the 10″ screen, and is there anything she can do about that?


 

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