Archive for the 'trust' Category

free to all

john palfrey leads the Digital Public Library of America (see the likeness?)

“we need a mechanism to start building, in an iterative fashion … on open-source code base, with metadata that is as open as we can make it, the materials openly available, and always “free to all”

free to all means capable of use without fear of copyright infringement

this requires:
(a) a registry of impeccable credential; and (b) legal means to defend it and its users against legal attack

we can do this

HACKED! Not a way to be in touch with friends :<(

Apologies for having to reach out to you like this, but I made a quick trip to the UK and had my bag stolen from me with my passport and credit cards in it. The embassy has cooperated by issuing a temporary passport, I just have to pay for a ticket and settle Hotel bills. To be honest,i don’t have money with me,I’ve made contact with my bank but the best they could do was to send me a new card in the mail which will take 2-4 working days to arrive here.i was thinking of asking you to lend me some quick funds that i can give back as soon as i get in,i really
need to be on a last minute flight that leaves in a few hours.

I can furnish you with info on how you will get me the money. You can reach me via ( chrlnesson at as am logged on via a smart device or hotel’s desk phone, the number is, +447045749898.


this well-crafted message begging money was sent, judging by the rush of calls coming in to me, to every email address in my address book.

my gmail account was hacked yesterday morning. my effort to regain control of my account has not yet been successful. it’s no piece of cake, Google offers only a flat web interface with no human behind it and no way to send a message. After my first try i get this back:


Thank you for filling out the account recovery form. We know losing access to your account can be a frustrating experience and we want to help.

At Google, we take your privacy and security seriously. We’re committed to returning accounts only when we’re sure we’re giving them back to the accounts’ owners. Unfortunately, based on the information you provided, we were unable to verify that you own this account. To ensure that we are not compromising the security of the data, we can’t return the account at this

If you can provide additional information to verify that you own this account, please visit… and submit another request, providing as much accurate information as possible. If
you’re unsure about specific dates, provide your best guess.

Because Google doesn’t ask for much personal information when you sign up for an account, we don’t have many ways to verify that you own an account. In order to verify that you’re the real owner of an account, we need specific details about your account during the recovery process. We also can’t accept identification documents as a proof of account ownership because we don’t consider this a secure method. For more information on this policy, please visit…

If you are unable to provide specific information to recover the account or would like to create a new account, please visit…

We apologize for any inconvenience and appreciate your cooperation and understanding.

The Google Account Recovery Team


Please do not reply to this email. If your question was not answered,
please visit the Google Accounts Help Center at

which sends you around the same loop again



yes indeed!

hello justice roberts – internet calling justice roberts

Mr. Justice Stephen Breyer
c/o Clerk of Court
Supreme Court of the United States
Washington, D.C. 20543

Dear Mr. Justice Breyer:

By an oversight I cannot explain, an earlier letter addressed to Mr. Justice Souter and delivered June 26, 2009, was not successfully filed and entered on the Supreme Court docket. Its substance, which is still timely, is reproduced below, but with the additional information pertinent to you that your son Michael is a principle in the company that would do the operational work of digital transmission if the request below were to be granted. Anticipating recusal, I ask if possible that our request be referred to the Chief Justice.

I am the Weld Professor of Law at Harvard Law School and founder of the Berkman Center for Internet & Society at Harvard University. I represent (pro bono) Joel Tennenbaum, a student being prosecuted by the RIAA for downloading and sharing music through a peer-to-peer network, Sony BMG Music Entertainment, et al., v. Joel Tenenbaum, consolidated to Capitol Records, Inc., et al. v. Noor Alaujan, No. 03-cv-11661-NG (D. Mass.).
On the defendant’s own behalf and on behalf of the digital public, Defendant Tenenbaum moved to establish public access through internet to gavel to gavel coverage of the public proceedings in the case, starting with pretrial proceedings. District Judge Gertner granted this motion with respect the public pretrial proceeding scheduled for January 24, 2009, involving argument of motions, and indicated that further requests pertaining to internet public access for later proceedings and trial would be entertained. The courtroom’s already installed equipment was to be used to capture and narrowcast the proceeding to the Berkman Center for Internet & Society at Harvard University, which would in turn serve it to and share it with open net. See Capitol Records, Inc., et al. v. Alaujan, 593 F.Supp.2d 319.

This plan was frustrated by an extraordinary writ of advisory mandamus issued by the First Circuit Court of Appeals barring Judge Gertner from allowing this public access to her courtroom. The First Circuit panel declared that Local Rule 83.3 of the District Court denied Judge Gerter any and all authority to allow digital recording in her court. See In re Sony BMG Entertainment, et al., 561 F.3d 1. A request for hearing en banc was denied on April 30, 2009. A petition for certiorari to the Supreme Court of the United States was filed on June 2, 2009 and is now pending, docketed as No. 08-1506.

The trial of this case is scheduled to begin July 27, 2009. Judge Gertner will abide by the First Circuit order of prohibition unless it is stayed or overturned.

To interpret the Local Rule so rigidly as to exclude any and all digital preservation and dissemination of the public proceedings of the district courts is arbitrary. The issues in this case are of particular concern to the digital generation and to the future of the internet.

I respectfully request that either you or Chief Justice Roberts suspend Local Rule 83.3 and the First Circuit’s order of prohibition in order to permit digital recording and dissemination of the trial; or, in the alternative, grant a stay of all further proceedings in the case to permit consideration by the full Supreme Court of our petition for certiorari.

Absent the requested suspension of the rule or stay of the trial, the petition for certiorari will be moot.

For these reasons, we respectfully seek your assistance.

Respectfully submitted,

Charles Nesson
Counsel for Petitioner Joel Tenenbaum


I, the undersigned counsel, hereby certify that on June 26, 2009, pursuant to Rule 29 of this Court, I caused the attached letter to be served on counsel of record for the Respondents in this action by United States Postal Service, first class, at the following addresses:

Daniel J. Cloherty
Victoria L. Steinberg
Dwyer & Collora LLP
600 Atlantic Avenue, 12th Floor
Boston, MA 02210

Eve G. Burton
Timothy M. Reynolds
Holme Roberts & Owen LLP
17 Lincoln, Suite 4100
Denver, CO 80203

Charles Nesson
Counsel for the Petitioner


so early investors take $50 billion from late investors, minus madoff’s company costs, philanthropy and what he took out for himself

the early investors in ponzi schemes give them their credibility
others are then let in on their profits and their cache

jamaica has been similarly hit, with ponzi schemes styled for both rich and poor, olints and cash plus

poor people put their savings in because they have no other way to make money
same with rich people, sort of

obama internet platform

draft lessig
to be chairman of the fcc

put the net in the hands of people who love it

Forwarded conversation
Subject: obama platform

From: Charles Nesson
Date: Sat, Jul 26, 2008 at 9:44 AM
To: Lawrence Lessig

on monday night (july 28) i am hosting a Listen to America platform meeting on Internet Democracy and Education.
where better to start than with your thought. what would you say is platform number one?

From: Lawrence Lessig
Date: Sat, Jul 26, 2008 at 6:13 PM
To: Charles Nesson


From: Charles Nesson
Date: Sun, Jul 27, 2008 at 8:40 AM
To: Lawrence Lessig

you put a . after trust

trust what
trust whom
trust why

From: Lawrence Lessig
Date: Sun, Jul 27, 2008 at 7:50 PM
To: Charles Nesson

trust in the very idea of government. that differences might be differences of good faith. that agreement might be won for the right reason.



i want to thank everybody for coming here today and especially the people who were here from the beginning

eric wiseman
tom smuts
dave marglin
jon zittrain
john perry barlow
larry lessig
alex and wendy
myles berkman
fern and eric saltzman

we are here to talk about the future of the net.

my vision of the future of the net is the same as the vision i enunciated ten years ago.

cyberspace is an integrated media realm of stories told and shared by digitally connected and enabled hearts and minds.
WE are the Future of the Internet. We have good stories to live and to tell.
let us make our stories represent our values of
open code
open access
open talk
open education
let’s bridge the digital divide
let’s build the commons of the net

FREE FM – rehabilitation radio

i am listenting to rubin in the morining live from tower street general penitentiary, kingston jamaica, FREE FM signal coming from the SET lab at tower street through FLOW to a UNESCO Caribbean portal to my machine and to my earphones. rubin is an inmate, the pastor of SET. SET is an inmate-driven rehabilitation program which is being embraced and supported by staff and administration.

give thanks with a grateful heart

respect and thanks to Jamaica Correctional Comissioner Richard Reese and his team

To: eon – Subject: kick-ass FCC event

Forwarded conversation


From: John Palfrey
Date: Mon, Feb 25, 2008 at 5:53 PM
To: Staff List , faculty , Berkman Fellows
Cc: Tim Wu

Hi all:

Today at the Berkman Center was wild, and quite wonderful. The FCC
hearing on network management practices brought an overflow crowd to
Ames Courtroom. We heard — and our own Yochai (and great friends
former-HLS-student-now-bigtime-prof.. Tim Wu and
former-HLS-student-soon-to-be-prof. Marvin Ammori) participated in —
this crucial debate as it broke in real-time. It was terrific to see it
happen here, as part of Berkman@10.

What was not so obvious was the fact that we got an email about 2 weeks
ago from the Chairman’s office asking if we could host this event. The
work of Catherine, Colin, and literally the whole crew to pull off a
300+ person event with no notice and in the midst of lots of other
madness (web site relaunch, other events, Berkman@10 planning) was
breathtaking. I realize that this cost people around here sleep and
added to gray hairs and so forth. But, wow, your work paid off today —
to have that issue, and that energy, on our watch, in our midst. Many


John Palfrey
e: jpalfrey
p: 617-384-9132

From: William Fisher
Date: Mon, Feb 25, 2008 at 6:00 PM
To: John Palfrey
Cc: Staff List , faculty, Berkman Fellows, Tim Wu

I want to add my thanks to John’s. It was an extraordinary event —
probably the best governmental hearing I’ve ever attended. The
combination of excellent panels and the freewheeling questioning by
the commissioners was very informative. Thanks to all for putting it
together — so well and so fast.


From: Yochai Benkler
Date: Mon, Feb 25, 2008 at 6:59 PM
To: faculty @eon
Cc: John Palfrey, Staff List, faculty, Berkman Fellows, Tim Wu

Just to add my thanks. It was extraordinary to see how seamlessley this all
went, and with what enormous turnout (including what seemed to be the Comcast Cheerleaders Brigade…) and crisp conversation.


From: John Palfrey
Date: Tue, Feb 26, 2008 at 7:36 AM
To: Staff , faculty , Fellows

From our friend Tim Wu:


—–Original Message—–
From: Tim Wu

Date: Mon, 25 Feb 2008 18:32:39
To:John Palfrey
Cc:Staff List ,faculty ,Berkman Fellows
Subject: Re: FCC event today


I doubt I can send a message to these lists, so could you forward?

Hi everyone Berkman

This is Tim Wu, once vaguely associated with Berkman. I felt the
Berkman center really did what it was invented for today –
congratulations for hosting such a kick-ass event.

The hearing was to my ears at least, riveting, and certainly much
better than the net neutrality shouting matches that are the
Washington DC staple. Much appreciation,


Tim Wu

when appropriate (in my judgment) to an open project and not sensitive (in my judgment) in terms of privacy, i may post email to my blog. all privacy requests respected.

To: eon – Subject:Fwd: congratulations and good luck in your run for Congress

Forwarded conversation


From: Larry Tribe
Date: Mon, Feb 25, 2008 at 5:59 AM
To:  lessig at
Cc: jpalfrey, Elizabeth Warren , nesson, William Fisher , zittrain

Hey, Larry — What exciting news! I very much hope it works out. I’ll do what I can to support you, including coming to (and maybe co-hosting) the March 13 breakfast event for you in Cambridge. – Larry Tribe
From: Charles Nesson
Date: Mon, Feb 25, 2008 at 6:22 AM
To: Larry Tribe
Cc:  lessig at, jpalfrey, Elizabeth Warren , William Fisher , zittrain

when appropriate (in my judgment) to an open project and not sensitive (in my judgment) in terms of privacy, i may post email to my blog. all privacy requests respected.

From: Larry Tribe
Date: Mon, Feb 25, 2008 at 7:08 AM
To: Charles Nesson

Charlie, this email contained no message. Did you mean to send me something?

From: Charles Nesson
Date: Mon, Feb 25, 2008 at 7:58 AM
To: Larry Tribe

sorry. actually, i was thinking we should issue a press release announcing your support. i was about to ask your permission to do this and hit send instead of save by mistake. i’ve been blogging about it this morning and looking for other support. thanks for yours. the Change Congress strategy larry has adopted seems both practical and effective.

nice to see you in the square. you look fit. i hope you are well, considering all.
From: Larry Tribe
Date: Mon, Feb 25, 2008 at 8:13 AM
To: Charles Nesson
Cc: Kathy McGillicuddy

Sure, a press release would be fine. I’d like to see the text first, of course. Good to see you in the Square too. Yup, I’m fitter than ever, brain tumor and all. Actually, I’ve gotten into the proton radiation treatments. Once I got past the idea of having my head stuffed inside a special “immobilization” mask that covers my nose and mouth and makes it hard to breathe for 25 minutes every day, I took the opportunity to do some meditation, and now I look forward to the damn treatments! Hope you’re doing well. Take care,


From: Lawrence Lessig
Date: Mon, Feb 25, 2008 at 10:10 AM
To: Charles Nesson
Cc: Larry Tribe ,  lessig at, jpalfrey, Elizabeth Warren , nesson, William Fisher , zittrain

Thank you Larry and Charlie,

As I will be explaining more extensively later today, after the most careful consideration, I have decided it would harm the cause more than help for me to run. On Friday we got the results from an extensive poll conducted by one of the leading political pollsters in the nation. The race would not just not be winnable; it would not be possible to get even close. The election is just over 30 days away; the candidate I would be running against is literally the most popular politician in the region (positives above Obama and Clinton and every other politician). With $2m in hand today, or a promise from Barack Obama to be in the district next week, it might be possible. But there isn’t the predicate to move people that far that quickly. And my fear in the end was that a wipe-out defeat would send the message that the reform message has no political salience. As our pollster said, the data show it does have salience, and could well be effective, but won’t be effective in this district in 30+ days.

I’m grateful to everyone for their support. As you know, I don’t shy away from losing. But choosing to lose in a way that is certain to harm the movement is not yet a disease I have.

Stanford Law School

From: Larry Tribe
Date: Mon, Feb 25, 2008 at 10:53 AM
To: Lawrence Lessig , Charles Nesson
Cc: jpalfrey, Elizabeth Warren , nesson, William Fisher , zittrain

I understand and, based on your data, certainly concur. A noble impulse, though, for which I’d commend you. — Larry

From: John Palfrey
Date: Mon, Feb 25, 2008 at 11:10 AM
To: Larry Tribe , Lawrence Lessig , Charles Nesson
Cc:  lessig at, Elizabeth Warren , “Charles Nesson @ Law” , “Terry Fisher @ Law” , Jonathan Zittrain



John Palfrey
e: jpalfrey
p: 617-384-9132

From: Charles Nesson
Date: Mon, Feb 25, 2008 at 10:21 AM
To: Lawrence Lessig
Cc: Larry Tribe , jpalfrey, Elizabeth Warren , William Fisher , zittrain

i see your logic and respect your judgment
might you ask your would-be opponent to run on the CC Campaign


From: Lawrence Lessig
Date: Mon, Feb 25, 2008 at 10:28 AM
To: Charles Nesson
Cc: Larry Tribe , Elizabeth Warren , William Fisher , zittrain

Another Member of Congress, supportive of our work, is asking that directly. It would be a logical thing for her to do, and costless, since she does not need lobbyist/PAC money to survive in the safe district in which I live.

From: Charles Nesson
Date: Mon, Feb 25, 2008 at 10:25 AM
To: Jonathan Cohen

am i crazy for thinking there is a great human interest/political story in this
— lessig’s almost run for congress and formation of a Change Congress Campaign–

From: Jonathan Cohen
Date: Mon, Feb 25, 2008 at 11:20 AM
To: Charles Nesson

Better story (IMO) is how Lessig’s dalliance inspired someone else, and how the open culture movement is getting behind that person or preparing to find an open seat and and a candidate elsewhere.

Jonathan R. Cohen
The Weiser Group
232 Madison Avenue
Suite 204
New York, NY 10016
Office: (646) 254-6000 ext. 12

“…there is one striking feature of Grant’s orders: no matter how hurriedly
he may write them on the field, no one ever has the slightest doubt as to
their meaning, or even has to read them over a second time to understand them.”

when appropriate (in my judgment) to an open project and not sensitive (in my judgment) in terms of privacy, i may post email to my blog. all privacy requests respected.