Politics

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Lessig: Take the money out of politics (and here’s a specific proposal for doing that), and then come back to me to talk about the good, public regarding reasons why Congress is stepping in to “save the auto industry.”

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Stephen Lewis has made a decades-long study of both the charms and absurdities of national and ethnic legacies. His most recent essay on the matter, Apple’s iTunes, NPR, Barriers to Giving, and the “Appliancing” of National Boundaries, unpacks the growing distance between the ideals of the Internet and the realities of dysfunctional nationalisms, and the failures of the former to transcend the latter.
He begins by describing his frustrations at trying to obtain podcasts of This American Life while overseas:

As it does with its iPhone, Apple “appliances” its services to geopolitical strictures inherited from the pre-Internet age and to a jingoistic concept of national identity quite contrary to the expansive spirit of This American Life and to the “worldwide” as in Worldwide Web. Podcasts of This American Life are available for purchase and download via iTunes only from IP addresses within the boundaries of the United States. Also, even within the US, Apple does not accept for payment credit cards issued by overseas banks. Last, even when listeners from within the US attempts a purchase a credit card issued by a US bank, Apple will not sell them podcasts if their iTunes Stores accounts were originally registered from abroad.

By jigsawing its services to fit national boundaries, Apple fragments the efficacy and global scope of the internet and denies NPR broader listenership, international impact, and potential revenues. By outsourcing exclusive sales of podcasts of the This American Life to Apple’s iTunes Store, NPR denies the benefits and insights of listenership and the pleasure of contributing to the support of Public Radio to Americans living and working abroad, not to mention citizens of all other countries.

Meanwhile, you can hear This American Life for free over the Net on hundreds of streams from the U.S. based public radio stations to which NPR wholesales the program for the stations to sell to listeners (who contribute on a voluntary basis), making the restrictions even more strange. Steve continues:

The Internet — in its role as prime infrastructure for the formation of community and conveyance of the information, entertainment, knowledge and transactions — is intangible and without physical location.  However, the infrastructure that supports it is quite physical, an ad hoc non-purpose-built amalgam of fiber, copper, and wireless  strung together, enabled, and animated by protocols.  By resting on a “borrowed” infrastructure, the Internet has inherited the “gatekeepers” that own and control, charge for, and regulate these legacy elements – telecom operators and service providers, cable TV companies, governmental authorities, etc.).  Such organizations still carve up the world according geopolitical entities and borders defined between the late-eighteenth century and the mid-twentieth and gerrymander services and access accordingly.  Apparently, so does Apple.  Apple’s method of “appliancing” country-by-country reinforces anachronistic borders and undermines the potential of the internet to transcend past divisions.

Steve also spends a lot of time in Turkey, a country where his own blog (the one I’m quoting here) gets blocked along with every other blog bearing the .wordpress domain name. Lately YouTube and Blogger have also been blocked. (For more on who blocks what, visit the Open Internet Initiative.)

These sites and services are easy for governments to block because they’re clustered and silo’d. Yet on the Internet these clusters and silos, once big enough, take on the character of countries. In this New York Times piece, Tim Wu says. “To love Google, you have to be a little bit of a monarchist, you have to have faith in the way people traditionally felt about the king”. Talk about retro.

Steve continues,

This has turned Google, a private company with no accountability to any constituency, into a negotiating partner of national governments whose laws or policies do not  reflect or respect the ethical stance claimed in Google’s own slogan.  Thus, Google now functions on a diplomatic level with the ability and clout to forge country-by-country compromises affecting internet activity and the free flow of information and opinion, Turkey’s YouTube and Blogger ban not least among them.

Well, Google does have accountability to its customers, most of which are advertisers. Which makes the whole thing even more complicated.

Meanwhile the promise of the Net continues to be undermined not only by wacky forms of counterproductive protectionism, but by our own faith in “clouds” that can often act more like solids than gasses.

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So the Wall Street Journal runs Google Wants Its Own Fast Track on the Web, by Vinesh Kumar and Christopher Rhoads. It’s dated today, but hit the Web yesterday. Among other things it says,

Google Inc. has approached major cable and phone companies that carry Internet traffic with a proposal to create a fast lane for its own content, according to documents reviewed by The Wall Street Journal. Google has traditionally been one of the loudest advocates of equal network access for all content providers.

At risk is a principle known as network neutrality: Cable and phone companies that operate the data pipelines are supposed to treat all traffic the same — nobody is supposed to jump the line.

I declined to post on this yesterday because I suspected that this was simply a matter of edge caching: locating services as close to users as possible, to minimize network latencies and maximize accessibility. Akamai‘s whole business is based on this kind of thing. Much of what we now call the “cloud” — including conveniences provided by Google, Amazon, Microsoft and others — are back-end utilities that benefit from relative proximity to users. It’s all part of what Nick Carr calls The Big Switch.

As Richard Whitt of Google puts it here,

Edge caching is a common practice used by ISPs and application and content providers in order to improve the end user experience. Companies like Akamai, Limelight, and Amazon’s Cloudfront provide local caching services, and broadband providers typically utilize caching as part of what are known as content distribution networks (CDNs). Google and many other Internet companies also deploy servers of their own around the world.

By bringing YouTube videos and other content physically closer to end users, site operators can improve page load times for videos and Web pages. In addition, these solutions help broadband providers by minimizing the need to send traffic outside of their networks and reducing congestion on the Internet’s backbones. In fact, caching represents one type of innovative network practice encouraged by the open Internet.

Google has offered to “colocate” caching servers within broadband providers’ own facilities; this reduces the provider’s bandwidth costs since the same video wouldn’t have to be transmitted multiple times. We’ve always said that broadband providers can engage in activities like colocation and caching, so long as they do so on a non-discriminatory basis.

All of Google’s colocation agreements with ISPs — which we’ve done through projects called OpenEdge and Google Global Cache — are non-exclusive, meaning any other entity could employ similar arrangements. Also, none of them require (or encourage) that Google traffic be treated with higher priority than other traffic. In contrast, if broadband providers were to leverage their unilateral control over consumers’ connections and offer colocation or caching services in an anti-competitive fashion, that would threaten the open Internet and the innovation it enables.

But there is a political side to this. The WSJ is playing the Gotcha! game here, “catching” Google jumping “the line” across which its postion on Net Neutrality is compromised. According to Whitt, it’s not.

Net Neutrality as a topic is complex and politically charged. One can argue with Google’s position on the topic. But I don’t believe one can argue that edge caching deals are a compromise of that position, simply because these deals are nothing new, and do nothing to squeeze other companies out of doing the same kind of thing (so long as Google doesn’t make the deals exclusive, which it says it’s not doing).

Hat tip to my colleague Steve Schultze, who is on top of this stuff far more than I am.

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Change.gov is the main place where the President-in-Waiting takes advice from the public. One item there is MPAA’s Key International Trade Issues, detailed in this .pdf. You can’t search or copy the content of that file because it’s a graphic. I guess the MPAA decided it would rather not post the text somewhere.

Alas, Change.gov doesn’t let you link to individual comments, so you’ll just have to hunt or scroll down to find the one by “skywriter”, who says,

I like the public utility analogy. The DEA can’t shut down a person’s electricity because they ‘suspect’ a person is growing pot in a back room of their house, nor can they shut off their water, why should a ‘non-governmental agency’ (No, MPAA, you are not a government agency no matter how much you like to think so) push for an ISP to cut off a person’s internet because you ‘suspect’ they might be doing bad things with their connection? Treat internet access like a utility, I say.

One goal of Net Neutrality, Wikipedia currenty says, is “A neutral broadband network is one that is free of restrictions on content…” By that angle alone the MPAA’s is a bad idea. Hard enough just to get the Net to people and keep it running for the good of everybody. Let’s not turn the Net into TV (which is censored… try saying “fuck” over U.S. airwaves), or worse — into a branch of Hollywood. Least of all by legislation.

One of the most common expressions in geology is “not well understood”. Which is understandable, because most rocks were formed millions to billions of years ago, often under conditions, and in locations, that can only be guessed at. One of the reasons I love geology is that the detective work is of a very high order. The work is both highly scientific and highly creative. Also, it will never be done. Its best mysteries are rooted too deeply in the one thing humans — relative to rock — severely lack: time

Anyway, I’m here to suggest that two overlapping subjects — infrastructure and internet — are not well understood, even though both are made by humans and can be studied within the human timescale. The term “infrastructure” has been in common use only since the 1970s. While widely used, there are relatively few books about the subject itself. I’d say, in fact, that is more a subject in many fields than a field in itself. And I think it needs to be. Same with the Internet. Look it up on Google and see how many different definitions you get. Yet nothing could be more infrastructural without being physical, which the Internet is not.

Anyway, as I write and think about this stuff, I like to keep track of what I’ve already said, even though I’ve moved beyond some of it. So here goes:

More from allied sources:

And now I have to fly to Paris, to have fun at LeWeb. We’ll pick up this and other subjects there.

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In The Office of Connectivity Advocacy, Bob Frankston argues for something we’ve needed a long time: prying the Net from the regulatory grips of telecom and cablecom, both of which are inside the FCC and part of a regulatory mess that traces back past the 1996 and 1934 telecoms acts, all the way to the railroad thinking and legislation that modeled those acts.

What we need, Bob says, is to re-frame the Net outside of telecom (which includes cablecom as well). The Net needs to be more than just the third act in a “Triple Play” sold by phone and cable companies. It needs to be more — and other — than just a “service” we get from monopolists operating in an old regulatory habitat.

Inside our homes we do not negotiate with, or pay, a “printing service” to use our printers. Nor are our phone and cable companies required to hook our computers and other appliances together inside our homes. As a result, there is no issue of speed, no need for “broadband”, because we enjoy much limitless network speeds without a “service provider” in the middle.

Some specifics:

We need a “Connectivity Strategy” with a champion; a “Connectivity Advocate” who is outside the FCC and is thus can focus on a positive agenda. “Internet Connectivity” is not a telecommunications service but something new. It is based on the idea that we can create our own solutions out of imperfect resources. And it has proven to be an exceptionally powerful idea.

It has allowed us to create new solutions by focusing on the end points of relationships rather than all the myriad points between. We’ve seen a similar dynamic with the interstate (defense) highway system that has been credited with adding trillions of dollars to the economy. The Internet-connectivity has the potential to do far more because it doesn’t have the limits of the roads and demand creates supply.

The challenge is to overcome the artifacts that we confuse with the powerful idea. We happened to have repurposed existing telecommunications infrastructure and thus the idea has become captive of the incumbents whose business of charging for transporting bits as a service is threatened. To add to this confusion we can easily spoof existing telecommunications services ourselves but still act as if only a carrier can provide the services.

Instead of spending so much time and effort forcing connectivity into a service framing we need to be able to focus on connectivity from first principles. After all, the Internet (as connectivity) and Telecom have no intrinsic relationship beyond their common use of electromagnetism to transport bits.

By having an Office of Connectivity Advocacy (I’m open to a better title) outside the FCC we can have a positive and proactive strategy. We have abundant existing resources that are lying fallow either because we don’t recognize what we have or are forbidden from competing with those who control are very means of communicating and the vital information paths we use for commerce.

So look at it this way. What we have inside the free spaces of our own homes is connectivity. What we have outside of our homes, through telco and cable systems, is broadband. The latter may seem desirable, but only in the absence of free (as in liberty, not price) alternatives.

Bob sees the Internet less as a physical infrastructure of CFR (copper, fiber and radios) than as a “bit commons” to which we all contribute. It’s an ocean rather than canals across a desert. Its nature is one of abundance, not scarcity. One can only make it scarce, which is what phone and cable companies do, even as they increase our broadband speeds to larger fractions of what we have at home for free.

Bob has specific recommendations for what an Office of Connectivity Advocacy would do. Read them and give Bob (and the Transition Team) constructive feedback. Here’s part of his post:

Initially the OCA would be charged with:

  • Empowering communities and individuals to create their own solutions using common facilities – the bit commons.
  • Education and research focused on achieving and taking advantage of end-to-end connectivity.
    • Educating Congress to understand the meaning and value of connectivity. Ideally it would play the role of providing a first-principles reality check rather than just checking for conformance to regulations. For example, a call is completed when the message gets through, not when a phone rings.
    • Assist the government in its own use of technology both for its own use and as an example for others. It could encourage technologies that have wide market appeal rather than just those that can conform to government RFPs.
    • Developing enlightened investment strategies which don’t try to capture all of the value.
    • Supporting research in using networking rather than the networks themselves.
    • Supporting research in how to get more out of existing physical facilities as well as encouraging new technologies.
    • Developing decentralized protocols for connectivity rather than today’s provider-centric IP
    • Working to simplify building applications using public connectivity (the bit commons). This could be mundane telemedicine, community information or …
  • Acting as an advocate for a transition from a telecom framing to a connectivity framing:
    • Evaluating existing assets and business practice afresh without the century old technical and policy presumptions.
    • Working towards a bit commons or common infrastructure including removing the artificial distinctions between wired and unwired bits.
    • Assisting in transitioning the existing telecommunications industry to industries supporting and taking advantage of connectivity.

At first glance the idea of the OCA may seem fanciful but it’s far easier to start afresh than trying to struggle out of the mire of the existing Regulatorium. We didn’t build the automobile by modifying stage coaches – we just used our understanding of wheeled vehicles to start afresh.

Starting afresh is essential to the telcos and cablecos as well. They need to see the Internet as something more, and other, than just a “service” they provide. Their existing phone and cable TV business models are in trouble. Charging for Net access is no gold mine, either. They need to start looking for ways of making money because of the Net and not merely with it. This is what Google and Amazon have done with “cloud” services. (Many of Google’s are in this list here. Amazon’s are here.) The only thing keeping the phone and cable companies from being in similar or allied businesses is a lack of imagination. Also a lack of appreciation for advantages of incumbency other than the ability to charge folks for broadband alone. These companies have waterfront property on the Net’s ocean. They also have direct relationships with customers. Those relationships can be used for much more than billing and essential services alone.

It would be much easier for these guys to start thinking outside their boxes if the Net were split off from the phone and cable regulatoria. And that Nick Carr’s Big Switch would happen a lot faster. (By the way, for thinking outside the box, it’s fun to read Nick’s post on Microsof’ts “trailer park” based cloud infrastructure.)

I wrote here,

Phone and cable companies today are in a lousy position to run the Internet business. Telephony and Cable TV are railroads and steamships. They “carry” the Net as a “service”, but the Net isn’t essentially a service. It’s just a way to connect things. Connectivity is what matters. Not “broadband”, much as it appeals within the context of phone and cable companies’ limited offerings and imaginations. Who will imagine what can be done when connectivity is freed up? Phone and cable companies? I’d rather bet on the people leaving those companies.

If phone and cable companies want to attract rather than lose its most original engineers, they it would help if they got out of the old regulatory frame and into a new one that separates the Net from their legacy monopolies.

More about Bob.

Bonus link: Beyond Telecom: Bob Frankston on the Future We Make for Ourselves. It’s is an interveiw I did with Bob earlier this year, for Linux Journal.

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I just posted The Open Source Force Behind the Obama Campaign over at Linux Journal. I wrote it in August for the November issue, which would come out in time for the election. But it was too long for the magazine, and too off-topic as well. So we shelved it, and planned to put it on the website after the election.

Originally I was going to update it; but after noodling around with that for awhile, and not quite getting it the way I wanted it, I realized it was more interesting as a piece of history: a snapshot in time. So that’s what I just put up there, adding only an introduction.

In going through this process, one thing that surpised me was how much I wrote about the Dean Campaign back in ’03-04. Since the Obama Campaign was what Britt Blaser calls “Dean done right”, you could say I had started covering the Obama campaign more than four years ago.

And maybe I was unintentionally influencing it as well.

In digging around for old stuff, I ran across Gary Wolf’s How the Internet Invented Howard Dean, in the January ’04 issue of Wired. One sidebar is The Howard Dean Reading List: How a bunch of books about social networking rebooted the Democratic system. Among those six is The Cluetrain Manifesto. So perhaps by that thin thread I can claim grand-paternity to Obama’s success.

Though not as credibly as, say, David Weinberger, who actually advised the Dean campaign. David, who is quoted in the Wired piece, not only co-wrote Cluetrain, but sole-authored Small Pieces Loosely Joined, which is another book on the Howard Dean reading list.

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These are a few among the many salt ponds that ring the south end of San Francisco Bay. Once considered and agricultural innovation and an economic boom, the practice of “reclaiming” wild wetlands for industrial purposes is now considered ecologically awful by environmentalists, especially here on the West Coast of the U.S., which has precious few wetlands in any case. Many environmentalists have been working to get Cargill to close the ponds and return the Bay to its more natural state. Cargill hasn’t budged. In fact, <a href=”http://www.cargill.com/sf_bay/saltpond_ecosystem.htm”>Cargill has its own views</a> on the matter, plus some interesting facts about the ponds themselves.

It’s worth pointing out that the Bay is actually one of the youngest features on the California landscape, having flooded within only in the last couple thousand years, as sea levels rose. (Global warming has been happening, in fact, since the last ice age.)

I took this shot two days ago on approach to San Francisco on a flight from Boston. Here’s a set of all the photos I’ve taken of salt ponds, both here and in the desert. And here is the whole set of shots I took from coast to coast. Most were at the ends of the flight, since the sky was undercast most of the way.

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It finally occurs to me to turn on the TV. I’ve been listening to NPR and CNN on the laptop, with the htoel room’s flat screen blank in the corner. BBC Channel 3 is following the man we call #barackobama to the stage in Chicago.

Now Obama is speaking. We are and always will be the United States of America. With nature waving the flag behind him. Hard to blog what follows. Too choked up.

An amazing speech, as excellent as he has led us to expect. And to keep expecting.

Not a call to unite, or a command. Just an assertion spoken on coins in our pockets. e pluribus unum. Out of many, one.

0400GMT, 4am London time, seconds after the polls close on the West Coast and Hawaii (and not a vote yet reported from any of those reliably blue states) CNN calls Barack Obama the winner. On the 100th Anniversary of the founding of the NAACP, four months past the 232nd birthday of a country whose first fifteen presidents could have owned slaves, forty years after the assassination of Martin Luther King, an African American is being elected President of the United States.

George Will, conservative columnist and historian from Chicago, just quoted King (I may not get there with you. But I want you to know tonight, that we, as a people, will get to the promised land…) in a warm and humble voice.

His quote is from King’s “I’ve been to the mountaintop” speech. It’s about history:

I were standing at the beginning of time, with the possibility of general and panoramic view of the whole human history up to now, and the Almighty said to me, “Martin Luther King, which age would you like to live in?” — I would take my mental flight by Egypt through, or rather across the Red Sea, through the wilderness on toward the promised land. And in spite of its magnificence, I wouldn’t stop there. I would move on by Greece, and take my mind to Mount Olympus. And I would see Plato, Aristotle, Socrates, Euripides and Aristophanes assembled around the Parthenon as they discussed the great and eternal issues of reality.

But I wouldn’t stop there. I would go on, even to the great heyday of the Roman Empire. And I would see developments around there, through various emperors and leaders. But I wouldn’t stop there. I would even come up to the day of the Renaissance, and get a quick picture of all that the Renaissance did for the cultural and esthetic life of man. But I wouldn’t stop there. I would even go by the way that the man for whom I’m named had his habitat. And I would watch Martin Luther as he tacked his ninety-five theses on the door at the church in Wittenberg.

But I wouldn’t stop there. I would come on up even to 1863, and watch a vacillating president by the name of Abraham Lincoln finally come to the conclusion that he had to sign the Emancipation Proclamation. But I wouldn’t stop there. I would even come up to the early thirties, and see a man grappling with the problems of the bankruptcy of his nation. And come with an eloquent cry that we have nothing to fear but fear itself.

But I wouldn’t stop there. Strangely enough, I would turn to the Almighty, and say, “If you allow me to live just a few years in the second half of the twentieth century, I will be happy.” Now that’s a strange statement to make, because the world is all messed up. The nation is sick. Trouble is in the land. Confusion all around. That’s a strange statement. But I know, somehow, that only when it is dark enough, can you see the stars. And I see God working in this period of the twentieth century in a away that men, in some strange way, are responding — something is happening in our world. The masses of people are rising up. And wherever they are assembled today, whether they are in Johannesburg, South Africa; Nairobi, Kenya; Accra, Ghana; New York City; Atlanta, Georgia; Jackson, Mississippi; or Memphis, Tennessee — the cry is always the same — “We want to be free.”

And another reason that I’m happy to live in this period is that we have been forced to a point where we’re going to have to grapple with the problems that men have been trying to grapple with through history, but the demand didn’t force them to do it. Survival demands that we grapple with them. Men, for years now, have been talking about war and peace. But now, no longer can they just talk about it. It is no longer a choice between violence and nonviolence in this world; it’s nonviolence or nonexistence.

That is where we are today. And also in the human rights revolution, if something isn’t done, and in a hurry, to bring the colored peoples of the world out of their long years of poverty, their long years of hurt and neglect, the whole world is doomed. Now, I’m just happy that God has allowed me to live in this period, to see what is unfolding. And I’m happy that He’s allowed me to be in Memphis.

I can remember, I can remember when Negroes were just going around as Ralph has said, so often, scratching where they didn’t itch, and laughing when they were not tickled. But that day is all over. We mean business now, and we are determined to gain our rightful place in God’s world.

And that’s all this whole thing is about. We aren’t engaged in any negative protest and in any negative arguments with anybody. We are saying that we are determined to be men. We are determined to be people. We are saying that we are God’s children. And that we don’t have to live like we are forced to live.

Now, what does all of this mean in this great period of history? It means that we’ve got to stay together. We’ve got to stay together and maintain unity. You know, whenever Pharaoh wanted to prolong the period of slavery in Egypt, he had a favorite, favorite formula for doing it. What was that? He kept the salves fighting among themselves. But whenever the slaves get together, something happens in Pharaoh’s court, and he cannot hold the slaves in slavery. When the slaves get together, that’s the beginning of getting out of slavery. Now let us maintain unity.

After silencing the boos, John McCain gives a concesson speech for the ages. In the end McCain — a man who has given more for his country than any presidential candidate in history — expresses the kind of grace that is the true source of honor: kindness, generosity, modesty, self-sacrifice. Country First, indeed.

He talks about promise. About how Americans never quit. He places a bookend to the history that has passed since King’s speech, given in Memphis the day before being shot dead there. King’s last paragraph begins,

… I don’t know what will happen now. We’ve got some difficult days ahead. But it doesn’t matter with me now. Because I’ve been to the mountaintop. And I don’t mind. Like anybody, I would like to live a long life. Longevity has its place. But I’m not concerned about that now. I just want to do God’s will. And He’s allowed me to go up to the mountain. And I’ve looked over. And I’ve seen the promised land.

And here we are.

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