We’re All Pirates Now

Curated on Posted on by Stefaan Verhulst

Book Review by Edward Kosner of “Information Doesn’t Want to Be Free”in the Wall Street Journal: “Do you feel like a thief when you click on a website link and find yourself reading an article or listening to a song you haven’t paid for? Should you? Are you annoyed when you can’t copy a movie you’ve paid for onto your computer’s hard drive? Should you be? Should copyright, conceived in England three centuries ago to protect writers from unscrupulous printers, apply the same way to creators and consumers in the digital age?
The sci-fi writer, blogger and general man-about-the-Web Cory Doctorow tries to answer some of these questions—and introduces others—in “Information Doesn’t Want to Be Free.” Billed as a guide for perplexed creators about how to make a living in the Internet Era, the book is actually a populist manifesto for the information revolution.
Mr. Doctorow is a confident and aphoristic writer—his book is like one long TED talk—and his basic advice to creators is easy to grasp: Aspiring novelists, journalists, musicians and other artists and would-be artists should recognize the Web as an unprecedented promotional medium rather than a revenue source. Creators, writes Mr. Doctorow, need to get known before they can expect to profit from their work. So they should welcome having their words, music or images reproduced online without permission to pave the way for a later payoff.
Even if they manage to make a name, he warns, they’re likely to be ripped off by the entertainment-industrial complex—big book publishers, record companies, movie studios, Google , Apple and Microsoft. But they can monetize their creativity by, among other things, selling tickets to public shows, peddling “swag”—T-shirts, ball caps, posters and recordings—and taking commissions for new work.

He cites the example of a painter named Molly Crabapple, who, inspired by the Occupy Wall Street movement, raised $55,000 on the crowdsourcing site Kickstarter, rented a storefront and created nine huge canvases, seven of which she sold for $8,000 each. Not the easiest way to become the next Jeff Koons, Taylor Swift or Gillian Flynn.
But Mr. Doctorow turns out to be less interested in mentoring unrealized talent than in promulgating a new regime for copyright regulation on the Internet. Copyright has been enshrined in American law since 1790, but computer technology, he argues, has rendered the concept obsolete: “We can’t stop copying on the Internet because the Internet is a copying machine.” And the whole debate, he complains, “is filled with lies, damn lies and piracy statistics.”
There’s lots of technical stuff here about digital locks—he calls devices like the Kindle “roach motels” that allow content to be loaded but never offloaded elsewhere—as well as algorithms, embedded keys and such. And the book is clotted with acronyms: A diligent reader who finishes this slim volume should be able to pass a test on the meaning of ACTA, WIPO, WPPT, WCT, DMCA, DNS, SOPA and PIPA, not to mention NaTD (techspeak for “Notice and Take Down”).
The gist of Mr. Doctorow’s argument is that the bad guys of the content game use copyright protection and antipiracy protocols not to help creators but to enrich themselves at the expense of the talent and the consumers of content. Similarly, he contends that the crusade against “net neutrality”—the principle that Internet carriers must treat all data and users the same way—is actually a ploy to elevate big players in the digital world by turning the rest of us into second-class Netizens.
“The future of the Internet,” he writes, “should not be a fight about whether Google (or Apple or Microsoft) gets to be in charge or whether Hollywood gets to be in charge. Left to their own devices, Big Tech and Big Content are perfectly capable of coming up with a position that keeps both ‘sides’ happy at the expense of everyone else.”…”

Why the World Needs Anonymous

Curated on Posted on by Stefaan Verhulst

Gabriella Coleman at MIT Technology Review: “Anonymity is under attack, and yet the actions of a ragtag band of hackers, activists, and rabble-rousers reveal how important it remains.
“It’s time to end anonymous comments sections,” implored Kevin Wallsten and Melinda Tarsi in the Washington Post this August. In the U.K., a parliamentary committee has even argued for a “cultural shift” against treating pseudonymous comments as trustworthy. This assault is matched by pervasive practices of monitoring and surveillance, channeled through a stunning variety of mechanisms—from CCTV cameras to the constant harvesting of digital data.
But just as anonymity’s value has sunk to a new low in the eyes of some, a protest movement in favor of concealment has appeared. The hacker collective Anonymous is most famous for its controversial crusades against the likes of dictators, corporations, and pseudo-religions like Scientology. But the group is also the embodiment of this new spirit.
Anonymous may strike a reader as unique, but its efforts represent just the latest in experimentation with anonymous speech as a conduit for political expression. Anonymous expression has been foundational to our political culture, characterizing monumental declarations like the Federalist Papers, and the Supreme Court has repeatedly granted anonymous speech First Amendment protection.
The actions of this group are also important because anonymity remains important to us all. Universally enforcing disclosure of real identities online would limit the possibilities for whistle-blowing and voicing unpopular beliefs—processes essential to any vibrant democracy. And just as anonymity can engender disruptive and antisocial behavior such as trolling, it can provide a means of pushing back against increased surveillance.
By performing a role increasingly unavailable to most Internet users as they participate in social networks and other gated communities requiring real names, Anonymous dramatizes the existence of other possibilities. Its members symbolically incarnate struggles against the constant, blanket government surveillance revealed by Edward Snowden and many before him.
As an anthropologist who has spent half a dozen years studying Anonymous, I’ve have had the unique opportunity to witness and experience just how these activists conceive of and enact obfuscation. It is far from being implemented mindlessly. Indeed, there are important ethical lessons that we can draw from their successes and failures.
Often Anonymous activists, or “Anons,” interact online under the cover of pseudo-anonymity. Typically, this takes the form of a persistent nickname, otherwise known as a handle, around which a reputation necessarily accrues. Among the small fraction of law-breaking Anons, pseudo-anonymity is but one among a roster of tactics for achieving operational security. These include both technical solutions, such as encryption and anonymizing software, and cultivation of the restraint necessary to prevent the disclosure of personal information.
The great majority of Anonymous participants are neither hackers nor lawbreakers but must nonetheless remain circumspect in what they reveal about themselves and others. Sometimes, ignorance is the easiest way to ensure protection. A participant who helped build up one of the larger Anonymous accounts erected a self-imposed fortress between herself and the often-private Internet Relay Chat channels where law-breaking Anons cavorted and planned actions. It was a “wall,” as she put it, which she sought never to breach.
During the course of my research, I eschewed anonymity and mitigated risk by erecting the same wall, making sure not to climb over it. But some organizers were more intrepid. Since they associated with lawbreakers or even witnessed planning of illegal activity on IRC, they chose to cloak themselves for self-protection.
Regardless of the reasons for maintaining anonymity, it shaped many of the ethical norms and mores of the group. The source of this ethic is partly indebted to 4chan, a hugely popular, and deeply subversive, image board that enforced the name “Anonymous” for all users, thus hatching the idea’s potential (see “Radical Opacity”)….
See also: Hacker, Hoaxer, Whistleblower, Spy: The Many Faces of Anonymous.

The collision between big data and privacy law

Curated on Posted on by Stefaan Verhulst
Paper by Stephen Wilson in the Australian Journal of Telecommunications and the Digital Economy : “We live in an age where billionaires are self-made on the back of the most intangible of assets – the information they have about us. The digital economy is awash with data. It’s a new and endlessly re-useable raw material, increasingly left behind by ordinary people going about their lives online. Many information businesses proceed on the basis that raw data is up for grabs; if an entrepreneur is clever enough to find a new vein of it, they can feel entitled to tap it in any way they like. However, some tacit assumptions underpinning today’s digital business models are naive. Conventional data protection laws, older than the Internet, limit how Personal Information is allowed to flow. These laws turn out to be surprisingly powerful in the face of ‘Big Data’ and the ‘Internet of Things’. On the other hand, orthodox privacy management was not framed for new Personal Information being synthesised tomorrow from raw data collected today. This paper seeks to bridge a conceptual gap between data analytics and privacy, and sets out extended Privacy Principles to better deal with Big Data.”

Law is Code: A Software Engineering Approach to Analyzing the United States Code

Curated on Posted on by Stefaan Verhulst

New Paper by William Li, Pablo Azar, David Larochelle, Phil Hill & Andrew Lo: “The agglomeration of rules and regulations over time has produced a body of legal code that no single individual can fully comprehend. This complexity produces inefficiencies, makes the processes of understanding and changing the law difficult, and frustrates the fundamental principle that the law should provide fair notice to the governed. In this article, we take a quantitative, unbiased, and software-engineering approach to analyze the evolution of the United States Code from 1926 to today. Software engineers frequently face the challenge of understanding and managing large, structured collections of instructions, directives, and conditional statements, and we adapt and apply their techniques to the U.S. Code over time. Our work produces insights into the structure of the U.S. Code as a whole, its strengths and vulnerabilities, and new ways of thinking about individual laws. For example, we identify the first appearance and spread of important terms in the U.S. Code like “whistleblower” and “privacy.” We also analyze and visualize the network structure of certain substantial reforms, including the Patient Protection and Affordable Care Act (PPACA) and the Dodd-Frank Wall Street Reform and Consumer Protection Act, and show how the interconnections of references can increase complexity and create the potential for unintended consequences. Our work is a timely illustration of computational approaches to law as the legal profession embraces technology for scholarship, to increase efficiency, and to improve access to justice.”

Research Handbook On Transparency

Curated on Posted on by Stefaan Verhulst

New book edited by Padideh Ala’i and Robert G. Vaughn: ‘”Transparency” has multiple, contested meanings. This broad-ranging volume accepts that complexity and thoughtfully contrasts alternative views through conceptual pieces, country cases, and assessments of policies–such as freedom of information laws, whistleblower protections, financial disclosure, and participatory policymaking procedures.’
– Susan Rose-Ackerman, Yale University Law School, US
In the last two decades transparency has become a ubiquitous and stubbornly ambiguous term. Typically understood to promote rule of law, democratic participation, anti-corruption initiatives, human rights, and economic efficiency, transparency can also legitimate bureaucratic power, advance undemocratic forms of governance, and aid in global centralization of power. This path-breaking volume, comprising original contributions on a range of countries and environments, exposes the many faces of transparency by allowing readers to see the uncertainties, inconsistencies and surprises contained within the current conceptions and applications of the term….
The expert contributors identify the goals, purposes and ramifications of transparency while presenting both its advantages and shortcomings. Through this framework, they explore transparency from a number of international and comparative perspectives. Some chapters emphasize cultural and national aspects of the issue, with country-specific examples from China, Mexico, the US and the UK, while others focus on transparency within global organizations such as the World Bank and the WTO. A number of relevant legal considerations are also discussed, including freedom of information laws, financial disclosure of public officials and whistleblower protection…”

Quantifying the Livable City

Curated on Posted on by Stefaan Verhulst

Brian Libby at City Lab: “By the time Constantine Kontokosta got involved with New York City’s Hudson Yards development, it was already on track to be historically big and ambitious.
 
Over the course of the next decade, developers from New York’s Related Companies and Canada-based Oxford Properties Group are building the largest real-estate development in United States history: a 28-acre neighborhood on Manhattan’s far West Side over a Long Island Rail Road yard, with some 17 million square feet of new commercial, residential, and retail space.
Hudson Yards is also being planned as an innovative model of efficiency. Its waste management systems, for example, will utilize a vast vacuum-tube system to collect garbage from each building into a central terminal, meaning no loud garbage trucks traversing the streets by night. Onsite power generation will prevent blackouts like those during Hurricane Sandy, and buildings will be connected through a micro-grid that allows them to share power with each other.
Yet it was Kontokosta, the deputy director of academics at New York University’s Center for Urban Science and Progress (CUSP), who conceived of Hudson Yards as what is now being called the nation’s first “quantified community.” This entails an unprecedentedly wide array of data being collected—not just on energy and water consumption, but real-time greenhouse gas emissions and airborne pollutants, measured with tools like hyper-spectral imagery.

New York has led the way in recent years with its urban data collection. In 2009, Mayor Michael Bloomberg signed Local Law 84, which requires privately owned buildings over 50,000 square feet in size to provide annual benchmark reports on their energy and water use. Unlike a LEED rating or similar, which declares a building green when it opens, the city benchmarking is a continuous assessment of its operations…”

Tackling Wicked Government Problems

Curated on Posted on by Stefaan Verhulst

Book by Jackson Nickerson and Ronald Sanders: “How can government leaders build, sustain, and leverage the cross-organizational collaborative networks needed to tackle the complex interagency and intergovernmental challenges they increasingly face? Tackling Wicked Government Problems: A Practical Guide for Developing Enterprise Leaders draws on the experiences of high-level government leaders to describe and comprehensively articulate the complicated, ill-structured difficulties they face—often referred to as “wicked problems”—in leading across organizational boundaries and offers the best strategies for addressing them.
Tackling Wicked Government Problems explores how enterprise leaders use networks of trusted, collaborative relationships to respond and lead solutions to problems that span agencies. It also offers several approaches for translating social network theory into practical approaches for these leaders to build and leverage boundary-spanning collaborative networks and achieve real mission results.
Finally, past and present government executives offer strategies for systematically developing enterprise leaders. Taken together, these essays provide a way forward for a new cadre of officials better equipped to tackle government’s twenty-first-century wicked challenges”

The Problem-solving Capacity of the Modern State

Curated on Posted on by Stefaan Verhulst

New book edited by Martin Lodge and Kai Wegrich: “The early 21st century has presented considerable challenges to the problem-solving capacity of the contemporary state in the industrialised world. Among the many uncertainties, anxieties and tensions, it is, however, the cumulative challenge of fiscal austerity, demographic developments, and climate change that presents the key test for contemporary states. Debates abound regarding the state’s ability to address these and other problems given increasingly dispersed forms of governing and institutional vulnerabilities created by politico-administrative and economic decision-making structures. This volume advances these debates, first, by moving towards a cross-sectoral perspective that takes into account the cumulative nature of the contemporary challenge to governance focusing on the key governance areas of infrastructure, sustainability, social welfare, and social integration; second, by considering innovations that have sought to add problem-solving capacity; and third, by exploring the kind of administrative capacities (delivery, regulatory, coordination, and analytical) required to encourage and sustain innovative problem-solving. This edition introduces a framework for understanding the four administrative capacities that are central to any attempt at problem-solving and how they enable the policy instruments of the state to have their intended effect. It also features chapters that focus on the way in which these capacities have become stretched and how they have been adjusted, given the changing conditions; the way in which different states have addressed particular governance challenges, with particular attention paid to innovation at the level of policy instrument and the required administrative capacities; and, finally, types of governance capacities that lie outside the boundaries of the state.”

Why Libraries [Still] Matter

Curated on Posted on by Stefaan Verhulst

Jonathan Zittrain at Medium: “…libraries — real ones concerned with guarding and curating knowledge — remain crucial to free and open societies, and not simply because their traditional services within academia, from curation to preservation to research, remain in high demand by scholars. More broadly, they crucially complement the Web in its highest aspirations: to provide unfettered access to knowledge, and to link authors and readers in new ways. Here’s why.

First, information may be easy to copy, but it’s also easy to poison and destroy. The Web is a distributed marvel: click on any link on a page and you’ll instantly be able to see to what it refers, whether it’s offered by the author of the page you’re already reading, or somewhere on the other side of the world, by a different person writing at a different time for a different purpose. That the act of citation and linkage could be made so easy to forge and to follow, and accessible to anyone with a Web browser rather than special patron privileges, is revolutionary.

But the very characteristics that make the distributed Net so powerful overall also make it dicey in any given use. Links rot; sources evaporate. The anarchic Web loses some luster every time that something an author meant to share turns out to be a 404-not-found error.

I co-authored a study investigating link rot in legal scholarship and judicial opinions, and was shocked to find that, circa late 2013, nearly three out of four links found within all Harvard Law Review articles were dead. Half of the links in U.S. Supreme Court opinions were dead. Before the Web, the only common link was an analog: an author had to name with great precision a source, and a reader could nearly always take that citation to a library and expect to be able to access the source. Labor intensive, but the barriers to publishing meant that most stuff linked was in books and other systematized formats that libraries were likely to store. Post-Web, much can be published without burdensome intermediaries, but if it vanishes, it vanishes.

That’s why the HLS Library is proud to be a founding member of perma.cc, a consortium complementing the extraordinary Internet Archive, seeking to preserve copies of the sources that scholars and judges link to on the open Web. The preserved materials can be readily accessible for the ages, placed on the record within a formal, disinterested, distributed repository of the world’s great libraries. This is especially important as information might not only vanish, but be adulterated. When Barnes and Noble can offer a book as canonical as War and Peace with key changes quietly (if accidentally) made to its vocabulary, it’s a signal that our knowledge requires actual guardians ready to preserve and fight for its integrity, rather than, in the words of John Perry Barlow, merely vendors treating ideas as “another industrial product, no more noble than pig iron.”…”

Francis Fukuyama’s ‘Political Order and Political Decay’

Curated on Posted on by Stefaan Verhulst

Book Review by David Runciman of  “Political Order and Political Decay: From the Industrial Revolution to the Globalisation of Democracy”, by Francis Fukuyama in the Financial TImes: “It is not often that a 600-page work of political science ends with a cliffhanger. But the first volume of Francis Fukuyama’s epic two-part account of what makes political societies work, published three years ago, left the big question unanswered. That book took the story of political order from prehistoric times to the dawn of modern democracy in the aftermath of the French Revolution. Fukuyama is still best known as the man who announced in 1989 that the birth of liberal democracy represented the end of history: there were simply no better ideas available. But here he hinted that liberal democracies were not immune to the pattern of stagnation and decay that afflicted all other political societies. They too might need to be replaced by something better. So which was it: are our current political arrangements part of the solution, or part of the problem?
Political Order and Political Decay is his answer. He squares the circle by insisting that democratic institutions are only ever one component of political stability. In the wrong circumstances they can be a destabilising force as well. His core argument is that three building blocks are required for a well-ordered society: you need a strong state, the rule of law and democratic accountability. And you need them all together. The arrival of democracy at the end of the 18th century opened up that possibility but by no means guaranteed it. The mere fact of modernity does not solve anything in the domain of politics (which is why Fukuyama is disdainful of the easy mantra that failing states just need to “modernise”).
The explosive growth in industrial capacity and wealth that the world has experienced in the past 200 years has vastly expanded the range of political possibilities available, for better and for worse (just look at the terrifying gap between the world’s best functioning societies – such as Denmark – and the worst – such as the Democratic Republic of Congo). There are now multiple different ways state capacity, legal systems and forms of government can interact with each other, and in an age of globalisation multiple different ways states can interact with each other as well. Modernity has speeded up the process of political development and it has complicated it. It has just not made it any easier. What matters most of all is getting the sequence right. Democracy doesn’t come first. A strong state does. …”