The Web Difference Starts Up

I’ve got the great pleasure of co-teaching with David Weinberger this semester. It’s his triumphant return to the classroom after a few decades of taking time off from formal university teaching. The core inquiry of the course is to explore whether or not the web is in fact “different” from that which came before. Then, for the lawyers among us, we’re asking what difference those differences make in terms of law and policy. The conceit, and the syllabus, are brand-new, at least for us. It’s already fun, two days in.

MacArthur/MIT Press Series on Youth, Media, and Learning

Last month, the MacArthur Foundation, along with MIT Press, announced the release of a series of new books on youth and new media. The series is a treasure trove.

I have been working my way through the six books over the past several weeks as I’m simultaneously working on late drafts of the book that Urs Gasser and I are writing on a similar topic, called Born Digital (forthcoming, Basic Books, 2008).

I’d highly recommend to anyone remotely interested in the topic to read these books. They are academic in style, structure and language, but remarkably accessible in my view. I’m not a social scientist, nor an expert in most of the fields that are represented by the authors (in fact, I’m not sure if there are any lawyers at all in the list of authors!), but the editors and authors have done a lovely job of making their fields relevant broadly.

For starters, the series Foreword, by the group of “series advisors,” is wonderful. I can’t imagine how six people came to agree on such a clear text, but somehow they did. There must have been a lead author who held onto the pen; it’s far too coherent to have been written by committee. (The advisors are: Mizuko Ito, Cathy Davidson, Henry Jenkins, Carol Lee, Michael Eisenberg, and Joanne Weiss. One imagines that the voice of the program officer at the MacArthur Foundation who made it all possible, Connie Yowell, is in there somewhere too.)

The Foreword is worth reading in full, but a few key lines: “Unlike the early years in the development of computers and computer-based media, digital media are now commonplace and pervasive, having been taken up by a wide range of individuals and institutions in all walks of life. Digital Media have escaped the boundaries of professional and formal practice, and the academic, governmental, and industry homes that initially fostered their development.” Those are simple statements, clear and right on. One of the reasons to pay attention to this topic right now is the pervasiveness, the commonplace-ness of the use of these new media, especially by many young people.

Also, their working hypothesis: “those immersed in new digital tools and networks are engaged in an unprecedented exploration of language, games, social interaction, problem solving, and self-directed activity that leads to diverse forms of learning. These diverse forms of learning are reflected in expressions of identity, how individuals express independence and creativity, and in their ability to learn, exercise judgment, and think systematically.” The work of the series authors, I think, bears out this hypothesis quite convincingly.

At the same time, the series advisors make plain that they are not “uncritical of youth practices” and note that they do not claim “that digital media necessarily hold the key to empowerment.” It is this spirit of healthy skepticism that one can hear through most of the essays in the series — and which is essential to the academic enterprise they’ve undertaken.

So far, I’ve finished the book on “Youth, Identity, and Digital Media” (ed. by David Buckingham) and “The Ecology of Games: Connecting Youth, Games, and Learning” (ed. by Katie Salen) and am part of the way through each of the others. Each one is excellent.

In the ID book, I found particularly helpful the first piece on “Introducing Identity” by David Buckingham, which took on the hard definitional and discipline-related questions of identity in this context. He put a huge amount of scholarship into context, with sharp critiques along the way. The essay by our colleague danah boyd (on “Why Youth (heart) Social Network Sites,” a variant of which is online) is already a key document in our understanding of identity and the shifts in conceptions of public and private (“privacy in public,” and the idea of the networked public — related to but not the same as Yochai Benkler’s similar notions of networked publics). And the notion of “Identity Production as Bricolage” — introduced in “Imaging, Keyboarding, and Posting Identities” by Sandra Weber and Claudia Mitchell — is evocative and helpful, I thought. The many warnings about not “exociticizing” (danah often using the word “fetishizing”) the norms and habits of young people and their use of technology, as well as echoes of Henry Jenkins’ work on convergence and his and Eszter Hargittai’s study of the participation gap came through load and clear, too. (I am pretty sure I can hear dislike of the term “digital natives” in between certain lines, as well.)

There’s much more to like in the book, and much more to work into our own understanding of ID in this environment, than I can post here. There’s an equal amount of insight in the Games book too. (The class I am co-teaching with David Hornik starts in 31 minutes and I should probably prepare a bit more than I have already.)

Sears and Badware

Tonight, we at StopBadware are releasing a report that finds that Sears Holding Corporation’s MySHC Community application is badware. (We also blogged our pending review of the application a few days ago.) Our concerns are these:

1) The software does not fully, accurately, clearly, and conspicuously disclose the principal and significant features and functionality of the application prior to installation.

The My SHC Community application’s only mention of the software’s functionality outside of the privacy policy and user license agreement (ULA) prior to installation is in a sentence of the fourth paragraph of a six paragraph introduction to the community. It states that “this research software will confidentially track your online browsing.” It does not make clear outside the privacy policy and ULA that this includes sending extensive personal data to Sears (see below) or that it monitors all internet traffic, not just browsing.

2) Information is collected and transmitted without disclosure in the privacy policy.

There are two privacy policies available to users of My SHC Community and the accompanying software application. All of the behaviors noted in this report are disclosed in one version, which is shown to and accepted by users during installation. However, when viewing the privacy policy on the website or from the link included in a registration confirmation e-mail, a different version of the privacy policy, which does not include any information about the software or its behavior, appears, unless the user is currently logged into the My SHC Community site. This means, for example, that a user checking the privacy policy from a different PC may not see the privacy policy that s/he originally agreed to.

3) The software does not clearly identify itself.

While running, the My SHC Community application gives no indication to the user that it is active. It is also difficult to tell that the application is installed, as there are no Start menu or desktop shortcuts or other icons to indicate its presence.

4) The software transmits data to unknown parties.

According to SHC and comScore, the parent company of the software developer, VoiceFive, the My SHC Community application collects and transmits to Sears Holdings’s servers (hosted by comScore) extensive data, including websites visited, e-mails sent and received (headers only, not the text of the messages), items purchased, and other records of one’s internet use. This is not made clear to the user separate from the privacy policy or ULA, as required by StopBadware guidelines. Sears Holdings Corp. commits in its privacy policy “to make commercially viable efforts to automatically filter confidential personally identifiable information,” but is unable to guarantee that none of this information will be sent or stored.

We’ve spent time on the phone with the team at Sears Holding Corporation (SHC) about their app. SHC has informed StopBadware that they are significantly improving the My SHC Community application disclosure and privacy policy language and adding a Start menu icon in an effort to comply with our guidelines and address privacy concerns. They expect these changes to be implemented within 48 hours. At StopBadware, we have not evaluated these planned changes at this time. SHC has also informed us that they have suspended invitations to new users to install the application until these changes are implemented.

Our news release on this report is here.

Youth Turnout in Iowa

It seems as though there was another promising uptick in voter turnout last night in Iowa. This fact, if true, is the best news out of the caucuses, in my mind. (I am supporting Sen. Obama for president, so I’m excited about that, too.) Early analysis by many of those working on getting youth out to vote, like Adrian Talbott and his colleagues at Generation Engage, suggest that the youth vote is headed up. So reported the Boston Globe as well. Congratulations to all who have been working so hard on this crucial topic.

Five Years of Keeping Culture Free

Hip-hip-hooray for Creative Commons on its fifth birthday today! Thanks to Larry, Joichi, and all the heroes of a free culture who have worked so hard on CC, around the world, for the past half-decade. If you want to help, there’s still time to pitch in: CC is $470,000 of the way toward $500,000 in individual contributions. Click here to be part of that last $30,000.

Francois Leveque on Standards, Patents, and Antitrust

As part of our Berkman@10 celebration this year, we at the Berkman Center tonight welcome Francois Leveque, professor at the Ecole des Mines, Paris, and visiting prof at the faculty of law at UC Berkeley. He’s presenting the findings of two new papers, each co-authored with Yann Meniere: “Technology standards, patents and antitrust” and “Licensing commitments in standard setting organizations.”

Prof. Leveque offers us a series of insights about the interaction of economics and law in the context of patents in the standards setting process. One key finding of his papers: it would be best for consumers and for innovation in general for the licensing of patents by players in standards setting processes to occur ex ante, rather than ex post. More surprising, he and M. Meniere argue that it also may be better, under some circumstances for the patent holder also to set the royalty level ex ante. He notes that, in this setting, the interests of consumers and patent owners are aligned. As he goes on to explain, in other settings, these interests may not be so well aligned. Read the papers for more insights, including with respect to the VITA royalty cap policies, ways to mitigate the costs of the risk of hold-up, and his proposal of announcing a royalty cap ex ante as a more flexible means of accomplishing such mitigation while still enabling patent holders to revise the royalties.

Prof. Leveque very kindly participated in both the Weissbad (Switzerland) and Cambridge (MA, USA) workshops that guided our work on Interoperability and Innovation over the past year. His interventions were crucial to informing our understanding of these complicated matters and he was unusually generous with his input, for which Urs Gasser and I and our teams are extremely grateful.

MacArthur Award, Kicking Off Berkman@10

This year, the Berkman Center is celebrating its tenth anniversary. We’re spending the year, in part, reflecting on what we’ve learned in our first decade, where things stand now in our field, and where we ought to focus for our second decade. We’ll have a series of special events throughout the year, as well as a gala event from May 14 – 16, 2008. We hope very much to see lots of friends, old and new, over the course of the year.

Berkman@10 image

We’ve also undertaken an effort this year to raise endowment-style funds for the Center to support our next ten years of operations. We’ve been very generously supported over the years, by the Berkman family and many others. Our mode has been not to have a permanent endowment, and we are not changing course in this regard, but rather we seek to raise funds on an entrepreneurial basis as we go along. We’re taking this tenth anniversary celebration as a time to achieve a bit more stability in our funding structure by raising funds to cover our core costs for our second decade.

We could not be happier that the MacArthur Foundation has decided to give us a $4 million award, our largest ever gift outside of the ongoing generosity of the Berkman family. This award from the MacArthur Foundation is the anchor to what we intend to make a successful effort to ensure that we have the resources to do our work even better in our second decade than we have in our first. I’m confident that the importance of the issues of Internet and society only grow more important and central to the lives of people around the world with each passing year.

The MacArthur Foundation has been exceptionally helpful to us on many levels as we go about our public-spirited work. The foundation’s president, Jonathan Fanton, the vice-president Elspeth Revere, and program officer John Bracken have contributed to our work in so many substantive and philanthropic ways. We’re extremely grateful.

How Does a Foundation Program Officer Decide How to Make Grants?

At the Berkman Center’s lunch speaker series, Gary Kebbel of the Knight Foundation is with us today. I’m not sure that I’ve ever seen such a public, open discussion by a program officer of a foundation about how they do their work in funding great projects. The Knight Foundation has been running the News Challenge for a few years, and they seek to learn and improve their processes each time. This year, they doubled the number of applications and, even more impressive, they reached out successfully to a global set of applicants (good news, we think, coming from the Global Voices-style perspective, as we do here at the Berkman Center). Knight has also continued to innovate with ways for people to submit public or private applications to the consideration process.  One thing I learned: News Challenge applicants are free to read these comments, in the case of an open application, and then go back and revise and improve their application. They’ve also got a blog on PBS called Idea Lab, part of the PBS Media Shift blogging empire (hey! there’s David Ardia).

In the spirit of our interest in young people, Digital Natives, doing innovative things online: The most interesting experiment, from my perspective, is their work with MTV and MTV International on the Young Creators Award. They set aside $500,000 for this award, geared toward those 25-years-old and younger. Of the new young applicants, almost half are international.

Some of the upticks that they are seeing in the applications to this year’s News Challenge: Facebook applications, use of GPS-related tools, and place-tagging for wireless.

Grant-seekers and innovators and young creators around the world, watch Gary explain how the sausage is made when it comes to grant-making at the Knight Foundation. Watch also for commentary from uber-bloggers Ethan Zuckerman and David Weinberger and Lisa Williams, who are in the room here in real-time.