Sunlight Foundation event on MLK, Jr., Day at HLS

The Sunlight Foundation has kindly chosen the Berkman Center at HLS as the venue for an all-day session today, “Political Information in an Internet Era.” We’re grateful to a dedicated group of civic activists who join us today on their holiday.

The frame for the event, as Zephyr Teachout and her team put it, is this: “All of us, in different ways, are trying to use the internet to improve citizen’s access to, and use of, important political information. Since so much political information is tied to local politics and local media, we are focused on the people working at the state level to educate and engage citizens in public affairs – using everything from new tools to new techniques to new voices on simple blogs.

“Our goal is to help those who are on the ground, using the web to improve political information on the local level. We also hope to foster connections that last beyond this meeting.”

Ellen Miller, Micah Sifry and Mike Klein came to Berkman last year at the time of the kick-off of the Sunlight Foundation. We were blown away then and we are blown away now by what they are up to. They’ve been congratulated many times on the extraordinary and fast progress they’ve made over the past several months, but it’s worth echoing here again.

One of the primary questions that the Sunlight Foundation’s work raises, and the subject of this meeting, is one that is core also to the work of the Berkman Center. Are people using Internet in a way that improves politics? Put another way, are people using Internet in a manner that strengthens democracies? The answer lies in the distributed group of people, some right here in this room today, and in other rooms like it around the world. The answer is that it’s “you.” Time Magazine got it right.

But there’s a ton of work still to be done.  For those on the contemplative end of the scale, there are also a lot of puzzles to be worked out. Three things on my mind by way of issues that one might consider in the context of this big topic:

– At the pre-meeting dinner last night, it was plain that the prevailing views on politics in America among people in the room ran a pretty short gamut, from skepticism and cynicism. As one shines more light on more injustices — on more corruption, to use a word in Z’s agenda — is there a way to calibrate the impact of this sunlight? Is there a realistic fear that more sunlight may lead not to more civic engagement, but rather lead to pushing more people from skepticism to cynicism? The answer, of course, is not less sunlight. But the question seems to me a genuine puzzle.

– The Sunlight Foundation’s project, and the projects of many of the participants in the room today, are focused on the United States. No doubt the United States, and our disparate local and state parts, need the help and the focus. All the same: how do we act locally when we know the issues we are tackling and the network we are using are global? How do we inform ourselves, share our work, learn from others, connect to others — in such a way that we are truly acting within a global framework?

– One of the cool things — perhaps even approaching a “truth” — about Internet & politics is the extent to which it’s both essentially about the individual (in Benkler’s terms, “autonomy”, for those who have read the extraordinary Wealth of Networks) and about collective action. There’s a beauty to that tension, and also a challenge, to each of us, whether as individuals and as members of a collective. What is our greatest point of leverage, as individuals — limited in our political activism only by our own imagination and the 24 hours in a day? Again, I think so many people running so many extraordinary projects related to Internet & politics are answering that question by how you spend each and every day — and the rest of us can learn a thing or two from that.

Participate in a survey on Digital Media by Harvard undergrads

Five talented students in my Freshman Seminar at Harvard College have created a survey on digital media usage. They could use your help if you are currently an undergrad at a US college. Here’s the announcement, in their words:

“Do you condone stealing?

“Internet piracy is a prevalent issue on college campuses from coast to coast. Many times we, the students, are unaware or even uninformed about what is illegal and what is not. The purpose of the project is (1) to investigate the level of piracy in American college campuses and (2) to see if students understand what actions constitute copyright infringement.

“If you are currently an undergraduate college student studying in an American university and have 5 minutes of free time, please visit [this site] to take the 100% anonymous survey. We are five Harvard undergrad students seeking to understand the computer habits of our generation. Please help us out!

“Spread the word. Thanks. =)

“Andrei, Chen, Elizabeth, Eric, & Lauren
The PiracyEdu Team”

Note also that Chen has posted a real, redacted cease and desist letter on the site’s blog.  And they are working on an “online course” as well.

More patenting in the RSS space

As a follow-up to earlier posts on this topic: Microsoft has filed a large-scale patent application related to RSS. (A news story here and Dave Winer’s post on it here.) Microsoft’s patent application, (published on December 21, 2006, filed on June 21, 2005 — though those may not be the most relevant facts in terms of priority), reads:

A content syndication platform, such as a web content syndication platform, manages, organizes and makes available for consumption content that is acquired from the Internet. In at least some embodiments, the platform can acquire and organize web content, and make such content available for consumption by many different types of applications. These applications may or may not necessarily understand the particular syndication format. An application program interface (API) exposes an object model which allows applications and users to easily accomplish many different tasks such as creating, reading, updating, deleting feeds and the like.

As the Guardian notes, Apple applied for RSS-related patents previously. Apple’s patent application, (with a publication date of December 29, 2005 and a filing date of April 13, 2005, i.e., filed and published prior to the MSFT patent application, but not necessarily first in line from an invention standpoint), reads in part:

Techniques for detecting, managing, and presenting syndication XML (feeds) are disclosed. In one embodiment, a web browser automatically determines that a web site is publishing feeds and notifies the user, who can then access the feed easily. In another embodiment, a browser determines that a web page or feed is advertising relationship XML, and displays information about the people identified in the relationship XML. In yet another embodiment, a browser determines that a file contains a feed and enables the user to view it in a user-friendly way. In yet another embodiment, feed state information is stored in a repository that is accessible by applications that are used to view the feed. In yet another embodiment, if a feed’s state changes, an application notifies the repository, and the state is updated. In yet another embodiment, a feed is parsed and stored in a structured way.”

So has Google, (with a publication date of July 28, 2005 and a filing date of December 31, 2003), with respect to including ads in RSS feeds:

Incorporating targeted ads into information in a syndicated, e.g., RSS, presentation format in an automated manner is described. Syndicated material e.g., corresponding to a news feed, search results or web logs, are combined with the output of an automated ad server. An automated ad server is used to provide keyword or content based targeted ads. The ads are incorporated directly into a syndicated feed, e.g., with individual ads becoming items within a particular channel of the feed. The resulting syndicated feed including targeted ads is supplied to the end user, e.g., as a set of search results or as a requested web log. Embedding of targeted ads into syndicated feeds and/or user response to the embedded ads is be tracked in an automated manner for billing. The automated targeting and insertion process allows ads to be kept current and timely while the original feed may be considerably older.”

Small companies, including Technorati, among many others (including Newsilike Media Group, Inc.; for my relevant disclosures, please see this page, updated periodically), have also filed applications against this back-drop. Jim Moore has a great deal of interesting and provocative things to say about this dynamic. Anyone interested in the development of Web 2.0, syndicated media, user-generated content, whatever-you-want-to-call-it, ought to pay attention to this emerging story.

Silke Ernst, Urs Gasser on the EUCD

A long-awaited paper from Prof. Dr. Urs Gasser and his colleague, Silke Ernst, on best practices for implementing the EUCD has been published.

From their intro: “Today, years after intense struggles and tussles, almost all EU Member States have transposed the EU-Copyright Directive (EUCD) into national law. However,the continuing controversies surrounding the EUCD itself and conflicts about the national implementations have made clear that we are far from having reached a consensus about the appropriate design of copyright law for the digital age that satisfies – or better: serves the interests of – all relevant stakeholders, including creators, artists, teachers, students, and the public at large.

“At a time where the existing EU copyright framework is under review, this best practice guide seeks to provide a set of specific recommendations for accession states and candidate countries that will or may face the challenge of transposing the EUCD in the near future. It is based on a collaborative effort to take stock of national implementations of the EUCD1 and builds upon prior studies and reports that analyze the different design choices that Member States have made.”

Much worth reading, especially if you care about Digital Media, DRM, Europe, the EU and transposition, and so forth.

Tonight: Event on Technology and Legal Education at HLS

If you are free from 6:00 p.m. – 7:30 p.m. EST tonight, (Thursday, December 7, 2007), whether or not in Cambridge, MA, please consider joining us for a discussion of the future of legal education, with an emphasis on the role of information technologies. The event will take place in Austin West on the HLS campus. This event will bring together deans, researchers, teachers, lawyers, and a CEO (Andy Prozes of LexisNexis, our partner in a research effort this fall on this topic). Berkman fellow Gene Koo has put together this event and is leading the research agenda. Prof. Charles Nesson, the Berkman Center’s founder and a longtime leader on this topic, is chairing the event. If you are not here in person, please join via Second Life on Berkman Island.

StopBadware, CDT Complaint to US FTC

Today, we at StopBadware, along with our friends at the Center for Democracy and Technology, are filing our first complaint to the FTC about a badware application, called FastMP3Search Plugin.

As Christina Olson put it on the SBW blog, we are highlighting “FastMP3Search.com.ar for distributing badware to unsupecting Internet users. FastMP3Search.com.ar is a site that offers MP3s for download— however, it requires users to download a plugin in order to download these songs. … This FastMP3Search Plugin (reviewed by StopBadware here) is one of the worst applications that StopBadware has ever seen. Not only does it secretly install additional software, but the software it installs includes adware, Trojan horses, and a browser hijacker—and these applications download even more applications in turn. What’s more, FastMP3Search disables Windows Firewall without the user’s permission, thereby allowing it to download all these malicious applications without Windows alerting the user to their badness. These applications then change the user’s homepage, pop-up numerous advertisements (mostly for rogue anti-spyware applications), and hog system resources, which caused our test computer to slow down and randomly freeze.”

The complaint to the FTC is here. The report on FastMP3Seach.com.ar is here.

The big issues in this case are two:

1) FastMP3Search.com.ar’s application includes many of the worst attributes of badware, all in one inconvenient bundle. It’s a parade of horribles. Among other things, the application can disable your firewall on your PC without letting you know, in addition to giving you all manner of pop-ups, a trojan horse, and so forth.

2) This matter highlights the challenge of fighting bad applications that are (presumably) hosted and developed in places far from where the impact is felt, in some cases. So, in this instance, we couldn’t find the developers of this bad application to tell them, as we endeavor to do in advance, that we were issuing a negative report about them. Their site is registered under the Argentinian country code, but there’s no particular reason to believe that the purveyors of the application actually reside there. The impact of the application is felt in many jurisdictions outside of Argentina, or wherever the home of the purveyors may be. The US FTC, and its counterparts around the world, have an extremely tough job when it comes to such an application. The FTC deserves a lot of credit for its work to combat badware, including recent actions to shut down some of the applications that CDT and StopBadware and others have complained about. The FTC also has done terrific cross-border work in the spam and online fraud contexts.

We hope that by highlighting this application and by bringing this complaint, we can both raise consumer awareness about this bad application and encourage the FTC to take action against those who seek to profit from it. We are particularly grateful to our partners at CDT, including Ari Schwartz and his team, as well as the Berkman Center’s clinical program, led by Phil Malone, which helped in preparing the complaint.

Summer Doctoral Programme 2007 Application Period Open

One of my favorite parts of the year is the Oxford Internet Institute’s Summer Doctoral Programme that takes place in the seond half of July. For the past several years, the Berkman Center has partnered with OII on this programme. We’ve sent faculty and students every year. The especially cool part for this year is that it will take place not in Oxford or Beijing, but in Cambridge, MA, at the Berkman Center. We couldn’t be more excited to have the opportunity to host this event.

So, starting immediately, we’re accepting applications for graduate students to participate in SDP 2007. As you can see from the site, “Thirty places are available, open to students from any discipline who are currently undertaking doctoral research on social, political, legal and economic issues relating to the Internet. Preference will be given to students at an advanced stage of their doctorate, who have embarked on writing their thesis, and who are working in a research area that corresponds to one of the OII’s research priorities or the Berkman’s research priorities.” Don’t be scared off if you are a lawyer or in another professional-type degree program; some of the best students in the past have been lawyers, for instance.

Applications are due by February 12, 2007. The application form is here.

Psiphon Released!

Congratulations to Professor Ron Deibert (a/k/a “profd”) and his entire Citizen Lab team on today’s release of their new application, psiphon. The festivities here in Toronto include lectures at noon, as part of Protect the Net – Toronto, and then the world-wide release of the application from 3 – 7 p.m., all at the Munk Centre at the University of Toronto. The release of psiphon has already garnered extensive press coverage.

In the words of the CL team, “psiphon is a human rights software project developed by the Citizen Lab at the Munk Centre for International Studies that allows citizens in uncensored countries to provide unfettered access to the Net through their home computers to friends and family members who live behind firewalls of states that censor.”