Lessig '08

Lawrence Lessig makes two announcements.  And sets up Lessig ’08.  Watch the video.  Then get over to ActBlue and be part of the grassroots movement to convince him to run for Congress by contributing.

Join us in the DRAFT LESSIG Challenge: let’s get 1,000 people to give money or pledge their time to show him that we’ve got his back if he’s up for the challenge.

The DRAFT LESSIG Challenge

The DRAFT LESSIG movement — to encourage Prof. Lawrence Lessig to run for the U.S. Congress from California — is off to a quick start. Then again, if it’s going to happen, it has to happen fast: the special election is April 8. The Facebook group we set up a few days ago now has over 2,000 members. Supporters have come out of the netroots from every angle. There are fund-raisers pledged in 6 cities.

One of the common critiques of Net politics is that it’s meaningless just to “join a group” to support a candidate or a cause. I don’t buy it, especially since I think that joining a cause or writing about it often leads to further action.

In the case of the DRAFT LESSIG movement, we ought to prove that there’s something different going on here with politics and the net. In the process, we’ll make it clear to Prof. Lessig that we’ve got his back — that ordinary citizens will contribute the funds needed to run his campaign and that it can be run without support from special interests. Let’s get 1,000 people to donate to his campaign (or otherwise commit to volunteer if a campaign is organized) in the coming week. We’ve set up an ActBlue “draft” account, so you can give money now, to be turned over to the campaign if it materializes. If the campaign does not happen, the money is given in full to Creative Commons. You can’t lose. Please join me in donating now.

DRAFT LESSIG

It’s high time we had our first true Free Culture candidate for public office. Who better than the movement’s founder and hero? I have no reason to believe he’d actually do it, but I think we should send a message to Lawrence Lessig that we’ve got his back if he were to run for the Congressional seat that the sad death of Cong. Lantos has opened up in California. Prof. Lessig happens to live there. It’d be the perfect way to take his message of anti-corruption, and pro-creativity, to the seat of US power.

The special election is April 8. I’ve set up a Facebook group (join us, and please invite others!) and a DRAFT LESSIG web site to aggregate would-be supporters for a run. I will be delighted to hold a sign for him in sunny California between now and election day if he were in fact willing to take on the challenge.

The Daily Kos had the rumor of it a few weeks ago. My friend JZ has more…

Brad Turcotte at HLS Class

Brad Turcotte, known on the web as BradSucks, came to our Web Difference class today. The topic for class is his model for making, sharing, and getting paid for his music. He seems to do everything BUT the traditional label approach. He gives it away directly, with a tip jar; he’s big on Magnatune; you can find him on CDBaby, Amazon, iTunes, and so forth. He does some performing, but he tells us prefers to stay home and work on his computer. His view is that copyright is an obstacle, not an enabler, to making his music and his living.

The coolest thing he said: William Gibson blogged about how the tonality of his character Milgrim, in the totally wonderful new book Spook Country, is inspired by Brad’s music.

He performed last night in a lecture hall (not good sound; sorry, Brad!). Tonight he’s at the Middle East in Central Square, probably around 11:15 p.m. Amazing guy and great music; you should see him.

Young People Who Rock: Alexander Heffner

One of the big questions in the digital world is whether the way people use the Internet will lead to stronger democracies — or, in fact, have the opposite effect. This debate is playing out in the United States and around the world. In China, activists use online bulletin boards to organize themselves for the first time across geographic boundaries. In Iran, young people are using blogs to make their voice heard when the state is shutting down established media outlets. At the same time, China and Iran are using the same technologies for quite different aims: to censor what political activists are saying, listening in on their conversations, and putting activists in jail for what they’ve said and done online. The vibrant political blogosphere in the United States has become a political force, to be sure, but many question whether its influence is for good or for ill.

Alexander Heffner and his team at Scoop08 are proving that we have reason for hope. CNN, appropriately, has just made him one of its “Young People Who Rock.” Alexander’s leadership, and the engagement of more than 400 young people, is an inspiration to those of us who have been pushing hard to ensure that the Internet has a positive impact, not a negative one, on politics in the long-term. There’s been a lot written about them: here, here, and here. Alexander has a radio program, too.

Alexander’s work is so important because he is providing a means for young people to prove to themselves that they can have an impact through social action. The Internet is secondary to this story, in a way: the point is that Scoop08 draws young people into a public, civic space. It enables young people to have a voice that is heard all around the world. It demonstrates the power of collective action. It can help teach the responsibility and accountability that come with power, as young people come to see the impact of their words when they have a digital megaphone and are participating in a high-profile public debate.

The output of what Alexander and Scoop08 also gives us reason for hope. Scoop08 is a vibrant community that is helping to bring new and greater perspectives to election coverage around the country. One of the fears about the Internet and democracy is that we’ll each just surround ourselves with words and images from those with whom we’ll agree, famously called the “Daily Me” in the words of law professor Cass Sunstein. Scoop08 doesn’t fall into this trap. The student writers, based around the world, are telling their stories in a positive, careful, generally balanced way. Their coverage is serious and authentic. Their effort is to focus on substantive issues (policy, character-driven) — and distinctive and unconventional beats to generate new interest among young people — rather than exclusively horse-race-oriented coverage. The students writing up the reports are grappling with what it means to write without an exaggerated slant, presenting facts in a more or less neutral way, learning by doing in the process.

I look forward to Scoop08’s first big scoop. It will be a great day when one of Alexander’s extended team breaks a big story in this election, or an election to come somewhere else around the world.

But even before that day, it’s easy to say that Alexander Heffner and his colleagues have already succeeded beyond any reasonable expectations. What they’ve done, and what the good people at Generation Engage and other similar organizations, is no mean feat. Many have failed to get young people involved in politics. As the youth vote continues to rock — upwards — Scoop08 deserves credit for helping to create and sustain the enthusiasm of young people entering the political process for the first time. And the way they’re going about it stands a terrific chance of having a lasting impact on democracy.

(Disclosure: I am an unpaid advisor to Scoop08.)

Turkey at the Edge

The people of Turkey are facing a stark choice: will they continue to have a mostly free and open Internet, or will they join the two dozen states around the world that filter the content that their citizens see?

Over the past two days, I’ve been here in Turkey to talk about our new book (written by the whole OpenNet Initiative team), called Access Denied. The book describes the growth of Internet filtering around the world, from only about 2 states in 2002 to more than 2 dozen in 2007. I’ve been welcomed by many serious, smart people in Ankara and Istanbul, Turkey, who are grappling with this issue, and to whom I’ve handed over a copy of the new book — the first copies I’ve had my hands on.

This question for Turkey runs deep, it seems, from what I’m hearing. As it has been described to me, the state is on the knife’s edge, between one world and another, just as Istanbul sits, on the Bosporus, at the juncture between “East and West.”

Our maps of state-mandated Internet filtering on the ONI site describe Turkey’s situation graphically. The majority of those states that filter the net extensively lie to its east and south; its neighbors in Europe filter the Internet, though much more selectively (Nazi paraphernalia in Germany and France, e.g., and child pornography in northern Europe; in the U.S., we certainly filter at the PC level in schools and libraries, though not on a state-mandated basis at the level of publicly-accessible ISPs). It’s not that there are no Internet restrictions in the states in Europe and North America, nor that these places necessarily have it completely right (we don’t). It’s both the process for removing harmful material, the technical approach that keeps the content from viewers (or stops publishers from posting it), and the scale of information blockages that differs. We’ll learn a lot from how things turn out here in Turkey in the months to come.

An open Internet brings with it many wonderful things: access to knowledge, more voices telling more stories from more places, new avenues for free expression and association, global connections between cultures, and massive gains in productivity and innovation. The web 2.0 era, with more people using participatory media, brings with it yet more of these positive things.

Widespread use of the Internet also gives rise to challenging content along with its democratic and economic gains. As Turkey looks ahead toward the day when they join the European Union once and for all, one of the many policy questions on the national agenda is whether and how to filter the Internet. There is sensitivity around content of various sorts: criticism of the republic’s founder, Mustafa Kemal Atatürk; gambling; and obscenity top the list. The parliament passed a law earlier in 2007 that gives a government authority a broad mandate to filter content of this sort from the Internet. To date, I’m told, about 10 orders have been issued by this authority, and an additional 40 orders by a court to filter content. The process is only a few months old; much remains to be learned about how this law, known as “5651,” will be implemented over time.

The most high-profile filtering has been of the popular video-sharing site, YouTube. Twice in the past few months, the authority has sent word to the 73 or so Turkish ISPs to block access, at the domain level, to all of YouTube. These blocks have been issued in response to complaints about videos posted to YouTube that were held to be derogatory toward the founder, Ataturk. The blocks have lasted about 72 hours.

After learning from the court of the offending videos, YouTube has apparently removed them, and the service has been subsequently restored. YouTube has been perfectly accessible on the connections I’ve had in Istanbul and Ankara in the past few days.

During this trip, I’ve been hosted by the Internet Association here, known as TBD, and others who have helped to set up meetings with many people — in industry, in government, in journalism, and in academia — who are puzzling over this issue. The challenges of this new law, 5651, are plain:

– The law gives very broad authority to filter the net. It places this power in a single authority, as well as in the courts. It is unclear how broadly the law will be implemented. If the authority is well-meaning, as it seems to me to be, the effect of the law may be minimal; if that perspective changes, the effect of the law could be dramatic.

– The blocks are (so far) done at the domain level, it would appear. In other words, instead of blocking a single URL, the blocks affect entire domains. Many other states take this approach, probably for cost or efficiency reasons. Many states in the Middle East/North Africa have blocked entire blogging services at different times, for instance.

– The system in place requires Internet services to register themselves with the Turkish authorities in order to get word of the offending URLs. This requirement is not something that many multinational companies are going to be able or willing to do, for cost and jurisdictional issues. Instead of a notice-and-takedown regimes for these out-of-state players, there’s a system of shutting down the service and restoring it only after the offending content has been filtered out.

* * *

The Internet – especially in its current phase of development – is making possible innovation and creativity in terms of content. Today, simple technology platforms like weblogs, social networks, and video-sharing sites are enabling individuals to have greater voice in their societies. These technologies are also giving rise to the creation of new art forms, like the remix and the mash-up of code and content. Many of those who are making use of this ability to create and share new digital works are young people – those born in a digital era, with access to high-speed networks and blessed with terrific computing skills, called “digital natives” – but many digital creators are grown-ups, even professionals.

Turkey is not alone in how it is facing this challenge. The threat of “too much” free expression online is leading to more Internet censorship in more places around the world than ever before. When we started studying Internet censorship five years ago, along with our colleagues in the OpenNet Initiative (from the Universities of Toronto, Cambridge, and Oxford, as well as Harvard Law School), there were a few places – like China and Saudi Arabia – where the Internet was censored.

Since then, there’s been a sharp rise in online censorship, and its close cousin, surveillance. About three dozen countries in the world restrict access to Internet content in one way or another. Most famously, in China, the government runs the largest censorship regime in the world, blocking access to political, social, and cultural critique from its citizens. So do Iran, Uzbekistan, and others in their regions. The states that filter the Internet most extensively are primarily in East Asia, the Middle East and North Africa, and Central Asia.

* * *

Turkey’s choice couldn’t be clearer. Does one choose to embrace the innovation and creativity that the Internet brings with it, albeit along with some risk of people doing and saying harmful things? Or does one start down the road of banning entire zones of the Internet, whether online Web sites or new technologies like peer-to-peer services or live videoblogging?

In Turkey, the Internet has been largely free to date from government controls. Free expression and innovation have found homes online, in ways that benefit culture and the economy.

But there are signs that this freedom may be nearing its end in Turkey, through 5651 and how it is implemented. These changes come just as the benefits to be reaped are growing. When the state chooses to ban entire services for the many because of the acts of the few, the threat to innovation and creativity is high. Those states that have erected extensive censorship and surveillance regimes online have found them hard to implement with any degree of accuracy and fairness. And, more costly, the chilling effect on citizens who rely on the digital world for their livelihood and key aspects of their culture – in fact, the ability to remake their own cultural objects, the notion of semiotic democracy – is a high price to pay for control.

The impact of the choice Turkey makes in the months to come will be felt over decades and generations. Turkey’s choice also has international ramifications. If Turkey decides to clamp down on Internet activity, it will be lending aid to those who seek to see the Internet chopped into a series of local networks – the China Wide Web, the Iran Wide Web, and so forth – rather than continuing to build a truly World Wide Web.

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.