Category Archives: Digital Natives

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

Posted on by
1

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.

VoteGopher

Posted on by
1

At a focus group today for the digital natives project (and our book, Born Digital), an interviewee mentioned VoteGopher.  It’s very clever: a site by students that helps you decide who to vote for.  The founder is a Harvard College sophomore, Will Ruben.  It’s a much more fun and interesting site that some of the traditional voter-information sites.  A combination of straightforward user-interface and lots of information goes a long way.  Check out the page on Barack Obama, then compare candidate positions on various issues.

Scoop08

Posted on by
1

The ambition of young Americans to have an impact on our political scene may be our saving grace. Bravo to Scoop08 co-founders Alexander Heffner and Andrew Mangino for kicking off “A New Kind of Newspaper,” where 400+ students will cover the 2008 presidential campaign. If you grow up with a sense that you can speak and be heard, you may bother to participate more throughout your life. Experiments of the sort that they are undertaking give reason for hope that the Internet may yet help to fuel the civic involvement of young Americans, now and into the future.

Digital Natives Conversation Goes International

Posted on by
2

One of the themes of Born Digital, the book Urs Gasser and I are working on, is excitement around the possibility of an emerging global culture of young people who use technology in particular ways. (We’re equally interested in the problems of those who may be left out of that emerging culture, too, as Ethan Zuckerman and Eszter Hargittai and others are quick to remind us.) It was fun, in this context, to see a few international responses to / reverberations of our post about definitions and subtleties around who is a “digital native” and who is not: one from Canada’s paper of record, the Globe and Mail; a few in Spanish; and a few in German; in Italian; and from our friend and colleague Shenja on the Media@LSE (London School of Economics) blog.

(Since this is a joint research project with our colleagues at the University of St. Gallen in Switzerland, I suppose it’s not really surprising — the conversation actually started internationally.)

Eszter Hargittai on Digital Na(t)ives

Posted on by
Reply

We have the great pleasure today at the Berkman Center of hearing from Eszter Hargittai, a prof at Northwestern, on her large-scale research project on how 18 / 19-year-olds use digital technologies. She’s also worked on problems related to what she calls the “second-level digital divide” over the past decade or so. She surveyed over 1000 students at the UIC, one of the most diverse research universities.

A set of important take-aways: she’s found a correlation between gender and the likelihood of creating and sharing digital content (women were less likely to share content online that they’ve created than men). But it turns out that skill level is actually the relevant factor, not gender: if you correct for skill-level, the gender difference goes away. She is also trying to figure out what these gaps mean in terms of opportunities for life chances.

Her research hones in on the fact that what matters are skill differences, not just technology access differences, when it comes to digital inequality. We need to provide training and education for kids in addition to access to the network. These findings — good news for her — are consistent with Eszter’s extensive body of work to date. And she’s plainly right. (This is much of what Urs Gasser and I are arguing in our book, Born Digital; we have to figure out how to say it half as elegantly as Eszter does.)

Eszter has an article coming out very soon, in a volume co-edited by danah boyd and Nicole Ellison, which makes a related set of claims. Her data inform the question of who uses social-networking sites (SNS). Women, she finds, are more likely to use SNSes than men (other than in the context of Xanga, where the numbers are reversed). People of with parents with lower academic backgrounds (which apparently correlates to lower social-economic status, (SES), backgrounds) are more likely to be MySpace users, and those with parents with higher educational backgrounds are more likely to use Facebook. (These data lead to conclusions much like what danah boyd claimed recently, and which kicked up a bit of a storm. See the 297 comments on danah’s blog.)

If you missed Eszter’s talk, it’s worth catching it online at MediaBerkman.

(Separately: she’s also got thoughtful comments on her blog about our pending Cookie Crumbles video contest.)

Born Digital

Posted on by
40

For the past few years, Urs Gasser and I have been working on a book project together about a phenomenon that we have become obsessed with: how some young people, including our kids, use technologies in ways that are different that what we’ve seen before. The book is called Born Digital (Amazon seems not yet to know of Urs’ involvement; we’ll have to tell them). It’ll be out sometime in 2008, published by the good people at Basic Books.

(We decided to go with Basic Books because it is wonderful and we love the editors, and because they published the most important book in our field, Lawrence Lessig’s Code and Other Laws of Cyberspace and its sequel, Code 2.0. and other classics of the emerging digital literature, like The Cluetrain Manifesto.)

Our goals, among other things, in writing this book are to address and take seriously the concerns of parents and teachers and others perplexed by what’s going on; to highlight the wonderful things that some Digital Natives are up to; to make a series of policy arguments about what we ought to do about this phenomenon; and to set this issue in a global context — as part of the bigger story of globalization.

Two things prompt this blog-post: 1) to answer a persistent question we’ve been hearing from our friends and collaborators; and 2) to engage the assistance of anyone who wants to participate.

As with many overly-ambitious research projects, you start in one place and — you hope, I suppose — end up someplace a bit different that where you expected to get. That’s surely the case for us on this project.

So, first off, the issue. It’s a definitional issue, always an important starting point in a research project. We began this project interested in a distinction that others thought up and have pursued in various way: the difference between “Digital Natives” and “Digital Immigrants.” (There’s an interesting short history, which we track, of the etymology of these terms, a subject for another day.)

We wanted to hone in on what it means to be a Digital Native and what the practices and lives of Digital Natives tell us about our society and about our future. One of the primary struggles we’ve faced is that these two terms alone — Digital Native and Digital Immigrant — are unsatisfactory on their own. They give rise to discomfort on several levels.

One, we’ve heard a few times that the term “Digital Native” carries with it connotations that are not all good, that it’s un-PC. That concern is worth acknowledging and talking through with anyone concerned about it, but given that we think it’s a wonderful thing in most ways to be a Digital Native (or, indeed, native to many other environments, like Boston, my hometown — “I am a Boston native” and am proud of it), I think that’s not a crisis.

The deeper discomfort comes from what is a little math problem:

– Not all people born during a certain period of history (say, after the advent of BBSes) are Digital Natives. Not everyone born today lives a life that is digital in every, or indeed any, way. For starters, only about 1 billion of the 6.7 billion people in the world have regular access to the supposedly “World Wide Web.” In other cases, young people we are meeting choose to have little to do with digital life.

– Not all of the people who have the character traits of Digital Natives are young. The term “Digital Immigrant” doesn’t describe those people either — people like Urs and me, like our colleagues at the Berkman Center who are over a certain age — who live digital lives in as many ways, if not more, than many Digital Natives. Many of us have been here as the whole digital age has come about, and many of our colleagues have participated in making it happen in lots and lots of crucial ways.

We’ve been struggling hard with this problem. One of the benefits of “still writing” this book (we have a full draft, but are far from ready to go to print) and being in the throes of interviews and focus groups is that we are still working on getting it right.

We started out asking whether there is a straight “generational gap” between those Born Digital and those who were not. The point of our research, in the first instance, is to take up these terms Digital Native and Digital Immigrant, and work them over. What I think we’ve found is that age is relevant, but not dispositive. What I think we are describing in our book is a set of traits — having to do with how people interact with information, with one another, and with institutions — that are more likely to be found in those Born Digital, but not certainly so. Many people Born Digital have some but not all of these traits. Many people who were not Born Digital — you (who read this blogpost) and me and Urs and perhaps most Berkmaniacs, to be sure — have these traits and more, more even than most Digital Natives. That’s essential to the puzzle of the book. There is a generational gap, but it’s not purely a generational gap. It’s more complicated.

So, here is a typology which we think emerges from what we’ve learned:

1) those who are Born Digital and also Live Digital = the *Digital Natives* we focus on in this book (to complicate things further: there is a spectrum of what it means to live digitally, with a series of factors to help define where a Digital Native falls on it);

2) those who are Born Digital (i.e., at a moment in history, today) and are *not* Living Digital (and are hence not Digital Natives);

3) those who are not Born Digital but Live Digital = us (for whom we do not have a satisfactory term; perhaps we need one — our colleague David Weinberger suggests “Digital Settlers”);

4) those who are not Born Digital, don’t Live Digital in any substantial way, but are finding their way in a digital world = Digital Immigrants; and,

5) those who weren’t Born Digital and don’t have anything to do with the digital world, whether by choice, reasons of access or cash, and so forth.

There may be more categories, but these are the essential ones. Our book focuses on the first — those Born Digital and who Live Digital lives.  Though it’s not the focus of this particular book, the third category is also deeply relevant to the narrative.

It may well be that there will prove to be a generational divide between those Born Digital and those not Born Digital. What we are focused on here, though, is the particular population — rather than the generation — of those who were both Born Digital and Live Digital, and what their lifestyles and habits and mores mean for the present and the future.

As it often the case, danah boyd says it better than I could in her talk at 4S earlier this fall:

“While I groan whenever the buzzword ‘digital native’ is jockeyed about, I also know that there is salience to this term. It is not a term that demarcates a generation, but a state of experience. The term is referencing those who understand that the world is networked, that cultures exist beyond geographical coordinates, and that mediating technologies allow cultures to flourish in new ways. Digital natives are not invested in ‘life on the screen’ or ‘going virtual’ but on using technology as an artifact that allows them to negotiate culture. In other words, a ‘digital native’ understands that there is no such thing as ‘going online’ but rather, what is important is the way in which people move between geographically-organized interactions and network-organized interactions. To them, it’s all about the networks, even if those networks have coherent geographical boundaries.”

What we seek to describe in this book is an emerging global culture of people relating to information, one another, and institutions in ways that, taken together, has great promise for the future of democracies. Digital Natives — people born digital — give us reason for hope that this global culture could emerge. Some of their behaviors also give reason to worry, at the same time, about things like privacy, safety, information overload, and IP worries. We need to take these problems seriously and get in front of them, without ruining the environment that makes all the wonderful things possible.

In this book, we argue in favor of greater connectivity. That connectivity might be between parents or teachers or lawmakers who don’t live any part of their lives online and our kids who do. That connectivity might be between those in industry who are threatened by what these kids and others (us) are up to online and the culture that we represent. That connectivity might be between technology companies and their users, whose identities they seek otherwise to control. That connectivity might be between those of us in the rich world and those in less rich parts of the world, as GV makes possible. And so forth.

That leads to the request for help, or at least invitation to participate. Our goal is to carry out much of this research and writing in a public way. To that end, we’ve got a wiki at DigitalNative.org where anyone can come and contribute. Much of what we’re reading and learning shows up on this wiki. We’d love to plug our work into the work of others, and learn from what others are learning.

We are lucky to have an amazing team of people at the Berkman Center and the Research Center on Information Law at the University of St. Gallen in Switzerland working with us on this research, too, including the focus groups and interviews we’re conducting. Our work is coming along much better than it otherwise would with the able guidance and critiques of this team at our backs. We are lucky, too, to be able to read the work of many social scientists, cultural anthropologists, neuroscientists, psychologists, teachers, and others — people like Mimi Ito and our colleagues at the Berkman Center, danah boyd, Corinna di Gennaro, Shenja van der Graaf, and Miriam Simun — who understand aspects (or the whole) of the phenomenon we take up here far better than we do. We’d love to have your help, too, in working through these problems online.

Throwing Code Over the Wall to Non-Profits

Posted on by
9

Total blue sky, inspired in part by a wonderful gathering pulled together by Jake Shapiro at PRX and Vince Stehle at the Surdna Foundation, picking up on thoughts from various contexts:

If I could start (or otherwise will into existence) any non-profit right now, what it would do is to develop and apply code for non-profit organizations that are under-using new information technologies for core communications purposes. The organization would be comprised primarily of smart, committed, young coders and project managers, primarily, who know how to take open source and other web 2.0-type tools and apply them to connect to communities of interest. (Perhaps some coders would volunteer, too, on a moonlighting basis.)

There are a bunch of problems it would be designed to solve. There are lots of non-profit organizations, such as public media organizations or local initiative campaigns or NGOs in fields like human rights, for instance, that would like to leverage new technologies in the public interest — to reach new audiences for their work and to build communities around ideas — but have no clue as to how to go about doing it.

I think the stars are aligned for such a non-profit to make a big difference at this moment of wild technological innovation. There are lots of relevant pieces that are ready to be put together. Ning and many others have developed platforms that could be leveraged. SourceForge has endless tools for the taking and applying to solve problems. Blogs, wikis, social networks (think of the Facebook open API), and Second Life (or whatever you’d like to experiment with in the participatory media space) are also easy to put to work, if you know how. Most small organizations know that Digital Natives (and many others) are spending lots of their lives online. There are others who do things like this — consider the wonderful Tactical Tech in the global environment, as well as those who do development for political campaigns, like Blue State Digital — whose learning might be leveraged here. There is plenty of “pain in the marketplace,” as venture guys might say. There are smart coders coming out of schools who want to do well enough by doing good in a mission-driven organization (think of the geekiest members of the Free Culture movement). The goal would be to take these technologies and making them work for carefully targeted customers in the non-profit space.

The non-profit would require a reasonable pile of start-up capital to get set up and to have ballast for lean times, but it would have a revenue model. It would charge for its services, on an overall break-even basis. It would not develop things for free; it would develop things for cheap(er) and with real expertise for non-profits that need access to the technologies. (One could imagine a sliding scale based upon resources and revenue and so forth.) It would also have a training services arm. Clients would be required to pay for some training, too, so that the organization would have an internal capacity to keep up the tool that’s developed for them.

I could imagine it loosely based in a big, open, low-rent space in Central Square in Cambridge, right between MIT and Harvard, with collaborators around the world. I suspect there are others doing something like this, but I am constantly surprised by the number of times I am at meetings or conferences where prospective customers tell me they don’t have a provider for their needs.

Keith Sawyer's Group Genius

Posted on by
3

On the long flight from Boston to Shanghai, I read R. Keith Sawyer‘s recent book, Group Genius. It’s definitely a worthwhile read for anyone who cares about how innovation really works as a functional matter; anyone who runs any kind of an organization; and anyone who ever struggles with trying to do something creative, whether alone or with others. Sawyer takes on the romantic myth of the solo author/inventor/genius with a persuasive argument about “the unique power of collaboration to generate innovation.” I happen to be pre-disposed to thinking he’s right, but the many examples he gives (Morse, Darwin, Picasso, companies like Whole Foods, YouTube, and Google, and so forth) helped to clarify my own thinking about innovation and creativity and how they come to pass.

A few thoughts that the book sparked in me (Sawyer talks a lot about “sparks”), for which I am grateful:

– Urs Gasser, Colin Maclay and I have a long-running series of conversations about collaboration across institutions, interdisciplinarity, and international comparative work in our field. It’s our shared (I think!) view that it would be very, very hard, if not impossible, effectively to study what we study — the implications of changes in information technologies on society, with an emphasis on law and policy — without collaborating with others. The Berkman Center, our shared professional home, works best, in my view, when it makes possible collaboration between creative people, some of whom work at Berkman/HLS and others who are just friends. In a more formal sense, we work deliberately with other institutions, like Urs’s Research Center for Information Law at the University of St. Gallen; JZ’s Oxford Internet Institute; Lawrence Lessig’s Stanford Center for Internet & Society; Jack Balkin and Eddan Katz’s Information Society Project at Yale Law School; our partner institutions in the OpenNet Initiative (the University of Toronto’s Citizen Lab; University of Cambridge; and OII); and so forth. I am not certain that we are accomplishing “group genius” through any of these collaborations, but I am quite sure that our work would be much less richly rewarding without them. As the Berkman Center morphs from an HLS-based institution to one that draws more formally on the work of others at Harvard in the next year, we hope that our work will continue in this direction of more interdisciplinary, more comparative, and more creative.

– It made me reflect, too, on Urs’s recent blog-post about his two week stay with us in Cambridge this summer. We spent a good bit of time (never enough, of course) talking about what we want to say in the book that we are co-authoring, Born Digital, and what we hope to accomplish in the related Digital Natives project. This is a field in which many, many good and smart people have been working very hard to understand how young people use new information technologies and what it means. We hope for our work on this book and this project to be complementary, not competitive, to this emerging body of work. As lawyers, but also scholars interested in interdisciplinary work, we’ve spent a lot of time recently thinking about what our “comparative advantage” is — what is it that our training and mode of analysis can enable us to offer to an increasingly rich body of literature. Our goal has to do with both understanding what others have come to know through good empirical and qualitative study; to use a global, not local, lens in assessing this emerging population (rather than generation) of digital natives; and then to offer useful thoughts on how to move forward to head off the worst problems (encroachments on privacy, intellectual property concerns, information overload/credibility issues) and take advantage of the opportunities (innovation, new modes of teaching and learning, civic activism, semiotic democracy). After conversations with Urs, Ethan Zuckerman, danah boyd, and others, I’m freshly persuaded that meaningful, lightweight collaboration is essential to doing sound work in our field (not that we’re there yet, but working on it, and the Group Genius argument helps a lot in this regard).

– Fundamentally, I’m persuaded also that our highest calling at the Berkman Center may be to create an environment in which scholars and teachers can do better work than they’d do on their own.

A few modest critiques:

– Sawyer’s last chapter talks about policy approaches to “Creating the Collaborative Economy.” Several of his proposals relate to intellectual property. Curiously, this chapter was the least persuasive to me of the book’s 11 chapters, even though I expect that I roughly agree with what he argues in his seven proposals. I think I was left unconvinced in part because it’s hard to talk about copyright terms, patent reform, mandatory licensing, non-competes, the standards-making processes, and other complex legal puzzles in a paragraph each. There’s at least one counter-argument for each of the arguments he makes that’s worth exploring, in most instances from the point of view of an economist. Also, with some of the arguments, such as “3. Legalize Modding,” I agree with the gist of the argument, but I wonder about the specifics of what Sawyer writes. First, how much of a problem there is in reality — is the DMCA Section 1201, with its current exceptions, standing in the way of much modding (other than very specific circumvention of TPMs that surround copyrighted works) in practical terms? Maybe, but there’s a serious empirical question to be answered. Sawyer claims: “There are thousands of people like the extreme bike jumper who invented a way to keep his pedals from spinning. One reason they don’t share is that those modifications are often illegal. The U.S. Digital Millennium Copyright Act — designed to prevent users from making illegal copies of software, music, and movies — has the side effect of making it impossible to modify the products consumers purchase.” (p. 223) While I’m no big fan of DMCA Section 1201, to which Sawyer refers here, it’s not the case that most consumer modifications of things they buy in general are illegal. The DMCA 1201 makes illegal just the circumvention of effective technological measures designed to protect copyrighted works — a much more narrow statement than the one that Sawyer makes here. So, the ban he refers to is the ban on the act of circumventing a certain set of technologies, not the making of modifications to something you’ve bought (copyright, separately, might disallow certain modifications under the exclusive right to make derivative works, but that’s a different argument). I realize that the act of circumventing and making the modification are related, but they’re different, to be sure. In short: while the punchlines may be right in this final chapter, the analysis perhaps warrants its own book, rather than a short chapter.

– One thing in the book puzzled me; I am not sure if others who have read it had the same question. On p. 108, he’s talking about how the most creative scientists also happen to be the most productive. The argument, building upon the work of Dean Keith Simonton, reads in relevant part: “… the sheer productivity of a person — the raw output of creative products — is correlated with the creative success of that person … it turns out that for any given creator, the most creative product tends to appear during the time of most productivity. Paradoxically, slowing down and focusing on one work makes a person less creative.” (pp. 108 – 9). In the graph on that same page, titled the Distribution of Scientific Productivity, I think it shows those scientists with the fewest articles to the far left of the graph (with the greatest number of scientists on this end of the graph) and the most articles (and fewest scientists accomplishing this feat) on the far right. (Separately, I wonder if it is a Pareto distribution?) In any event, the text seems to place Darwin at the “left in the figure” (emphasis mine), whereas I would have expected Darwin to be at the right of the figure. (p. 108) I might be misreading this section or misunderstanding the graph, or perhaps it’s just a typo. It’s not that important; I think I get the point of the argument.

Separately, on recommendation engines: As an aside, I logged into Amazon.com to link to Sawyer’s book there. I noticed that my first recommended book in Amazon is William Gibson’s Spook Country. The Amazon recommendation engine is clearly getting good: that’s the most recent book I bought, at Logan Airport before I left (sorry, Amazon; nice try, though!).

Three Conversations on Intellectual Property: Fordham, University of St. Gallen, UOC (Catalunya)

Posted on by
7

Three recent conversations I’ve been part of offered a contrast in styles and views on intellectual property rights across the Atlantic. First, the Fordham International IP conference, which Prof. Hugh Hanson puts on each year (in New York, NY, USA); the terrific classes in Law and Economics of Intellectual Property that Prof. Urs Gasser teaches at our partner institution, the University of St. Gallen (in St. Gallen, Switzerland); and finally, today, the Third Congress on Internet, Law & Politics held by the Open University of Catalonia (in Barcelona, Spain), hosted by Raquel Xalabarder and her colleagues.

* * *

Fordham (1)

At Fordham, Jane Ginsburg of Columbia Law School moderated one of the panels. We were asked to talk about the future of copyright. One of the futures that she posited might come into being — and for which Fred von Lohmann and I were supposed to argue — was an increasingly consumer-oriented copyright regime, perhaps even one that is maximally consumer-focused.

– For starters, I am not sure that “consumer” maximalization is the way to think about it. The point is that it’s the group that used to be called the consumers who are now not just consumers but also creators. It’s the maximization of the rights of all creators, including re-creators, in addition to consumers (those who benefit, I suppose, from experiencing what is in the “public domain”). This case for a new, digitally-inspired balance has been made best by Prof. Lessig in Free Culture and by many others.

– What are the problems with what one might consider a maximalized consumer focus? The interesting and hardest part has to do with moral rights. Prof. Ginsburg is right: this is a very hard problem. I think that’s where the rub comes.

– The panel agreed on one thing: a fight over compulsory licensing is certainly coming. Most argued that the digital world, particularly a Web 2.0 digital world, will lead us toward some form of collective, non-exclusive licensing solution — if not a compulsory licensing scheme — will emerge over time.

– “Copyright will be a part of social policy. We will move away from seeing copyright as a form of property,” says Tilman Luder, head of copyright at the directorate general for internal markets at the competition division of the European Commission. At least, he says, that’s the trend in copyright policy in Europe.

* * *

Fordham (2)

I was also on the panel entitled “Unauthorized Use of Works on the Web: What Can be Done? What Should be Done?”

– The first point is that “unauthorized use of works” doesn’t seem quite the relevant frame. There are lots of unauthorized uses of works on the web that are perfectly lawful and present no issue at all: use of works not subject to copyright, re-use where an exception applies (fair use, implied license, the TEACH Act, e.g.s), and so forth. These uses are relevant to the discussion still, though: these are the types of uses that are

– In the narrower frame of unauthorized uses, I think there are a lot of things that can be done.

– The first and most important is to work toward a more accountable Internet. People who today are violating copyright and undermining the ability of creators to make a living off of their creative works need to change. Some of this might well be done in schools, through copyright-related education. The idea should be to put young people in the position of being a creator, so they can see the tensions involved: being the re-user of some works of others, and being the creator of new works, which others may in turn use.

– A second thing is continued work on licensing schemes. Creative Commons is extraordinary. We should invest more in it, build extensions to it, and support those who are extending it on a global level (including in Catalunya!).

– A third thing, along the lines of what Pat Aufderheide and Peter Jaszi are doing with filmmakers, is to establish best practices for industries that rely on ideas like fair use.

– A fourth thing is to consider giving more definition to the unarticulated rights — not the exclusive rights of authors that we well understand, but the rights of those who would re-use them, to exceptions and limitations.

– A fifth area, and likely the discussion that will dominate this panel, is to consider the role of intermediaries. This is a big issue, if not the key issue, in most issues that crop up across the Internet. Joel Reidenberg of Fordham Law School has written a great deal on this cluster of issues of control and liability and responsibility. The CDA Section 230 in the defamation context raises this issue as well. The question of course arose in the Napster, Aimster, and Grokster contexts. Don Verrilli and Alex Macgillivray argued this topic in the YouTube/Viacom context — the topic on which sparks most dramatically flew. They fought over whether Google was offering the “claim your content” technology to all comers or just to those with whom Google has deals (Verilli argued the latter, Macgillivray the former) and whether an intermediary could really know, in many instances, whether a work is subject to copyright without being told by the creators (Verilli said that wasn’t the issue in this case, Macgillivray says it’s exactly the issue, and you can’t tell in so many cases that DMCA 512 compliance should be the end of the story).

* * *

St. Gallen

Across the Atlantic, Prof. Dr. Urs Gasser and his teaching and research teams at the University of St. Gallen are having a parallel conversation. Urs is teaching a course on the Law and Economics of Intellectual Property to graduate students in law at St. Gallen. He kindly invited me to come teach with him and his colleague Prof. Dr. Bead Schmid last week.

– The copyright discussion took up many of the same topics that the Fordham panelists and audience members were struggling with. The classroom in Switzerland seemed to split between those who took a straight market-based view of the topics generally and those who came at it from a free culture perspective.

– I took away from this all-day class a sense that there’s quite a different set of experiences among Swiss graduate students , as compared to US graduate students, related to user-generated content and the creation of digital identity. The examples I used in a presentation of what Digital Natives mean for copyright looking ahead — Facebook, MySpace, LiveJournal, Flickr, YouTube, and so forth — didn’t particularly resonate. I should have expected this outcome, given the fact that these are not just US-based services, but also in English.

– The conversation focused instead on how to address the problem of copyright on the Internet looking forward. The group had read Benkler, Posner and Shavell in addition to a group of European writers on digital law and culture. One hard problem buried in the conversation: how much help can the traditional Law and Economics approach help in analyzing what to do with respect to copyright from a policy perspective? Generally, the group seeemed to believe that Law and Economics could help a great deal, on some levels, though 1) the different drivers that are pushing Internet-based creativity — other than straight economic gains — and 2) the extent to which peer-production prompts benefits in terms of innovation make it tricky to put together an Excel spreadsheet to analyze costs and benefits of a given regulation. I left that room thinking that a Word document might be more likely to work, with inputs from the spreadsheet.

* * *

Barcelona

The UOC is hosting its third Congres Internet i Politica: Noves Perspectives in Barcelona today. JZ is the keynoter, giving the latest version of The Future of the Internet — and How to Stop It. The speech just keeps getting better and better as the corresponding book nears publication. He’s worked in more from StopBadware and the OpenNet Initiative and a new slide on the pattern of Generativity near the end. If you haven’t heard the presentation in a while, you’ll be wowed anew when you do.

– Jordi Bosch, the Secretary-General of the Information Society of Catalonia, calls for respect for two systems: full copyright and open systems that build upon copyright.

– Prof. Lilian Edwards of the University of Southhampton spoke on the ISP liability panel, along with Raquel Xalabarder and Miquel Peguera. Prof. Edwards talked about an empirical research project on the formerly-called BT Cleanfeed project. BT implements the IWF’s list of sites to be blocked, in her words a blacklist without a set appeals process. According to Prof. Edwards’ slides, the UK government “have made it plain that if all UK ISPs do not adopt ‘Cleanfeed’ by end 2007 then legislation will mandate it.” (She cites to Hansard, June 2006 and Gower Report.) She points to the problem that there’s no debate about the widespread implementation of this blacklist and no particular accountability for what’s on this blacklist and how it is implemented.

– Prof. Edwards’ story has big implications for not just copyright, but also the StopBadware (regarding block lists and how to run a fair and transparent appeals process) and ONI (regarding Internet filtering and how it works) research projects we’re working on. Prof. Edwards’ conclusion, though, was upbeat: the ISPs she’s interviewed had a clear sense of corporate social responsibility, which might map to helping to keep the Internet broadly open.

For much better coverage than mine, including photographs, scoot over to ICTology.