Berkman

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Listening to, and blogging, Lessig live from the Ames Courtroom here at Harvard, as part of the Berkman@10 celebration. Lessig was here at the founding. Some public notes from his talk…

There are two and a half doctors for every drug representative.

Story: He disqualified himself as a geek by asking a question about law at a geek conference.

Question: Is government just stupid?

The government often gets the easy cases wrong. Such as. There is a consensus among public policy makers that any copyright term change should be prospective only. But governments always extend terms. An easy case the gov gets wrong.

Nutrition… The sugar lobby urged the government to get the Food Nutrition Board to say no more than 25% of your caloric intake from sugar, while the WHO said 10%.

Global warming… There is a consensus that it’s real and we need to work on it. 1000 peer reviewed articles over a period of time. None disagreed. But junk science did, and the government, by doing as little as possible, got it wrong.

This leeds geeks to a position of hopelessness and disengagement. Most think government is a waste of time.

The problem is not stupidity. The system of influence by lobbyists and campaign fundraising that radically effects access, attention and understanding, weakening the government’s ability to get it right.

If money distorts, then pubic financing of elections would stop it. That’s one of Lessig’s theses. He also thinks the right should like public financing because it would result in smaller geovernment. Many on the right were against deregulating cablecos and telcos because deregulating them would remove them as sources of campaign financing.

So. Need a netroots campaign that is not DC centered. That’s why Creative Commons was born.

Change Congress wants a simple way for citizens to signal what they want.

Next is wikified tools for an army of collaborators to suss out who is for reform.

Fund reform after that. Take the problem you’re trying to solve, and make it manageable, digestable and segmentable.

These aren’t new ideas. Just a new opportunity.

Argument: Only if the outside makes a demand will the inside change.

Bribery in congress was not illegal until 1853.

Jefferson expected expected bribery to win.

The top 1% protect themselves from the bottom 99%.

“We do nothing as this happens.” This is exactly what Larry said to the geeks in his first Free Culture speech, by the way.

Criticism: people care more about substance rather than process.

Comparing the current problem to alcoholism. It’s the first problem. We can address no problems sensibly until we face this first problem. Until we change congress.

People tell them they’re happy about this project, but that he will fail.

Yet even certain failure teaches. It’s not excuse not to do something.

We, the most wealthy, secure and articulate people in this polity must be the first to work on this.

These corruptions are promulgated by the most privileged.

Now he’s asking us to “join me here.” The moment is straight out of Billy Graham. We should recall the success of the technique.

Introducing Congressman Jim Cooper of Tennessee…

  “You have witnessed an important moment in American History.”
  He was once the youngest congressman in America. “Sadly this is no longer true.”
  “We’ve got to change Congress.” Impressed that a man like Lessig would “risk his career and reputation to do the right thing.”
  Rep. Graham is for Senator Obama, by the way. No surprise there. A main point of Lessig’s is that Change is more than a slogan. It’s not an empty phrase or a campaign slogan.

Lessig again: Congresspeople spend hours a day telemarketing. Looking for money.

“Congresspeople have an extraordinary job… they get to do the right thing.” Geeks need to push them to do this.

“If it’s my movement it fails.”

It’s still early. No board. No structure yet.

Note to selves: a lot of what Larry wants here is what Britt Blaser and friends are working on.

By the way, Larry will be speaking a week from today, at noon, at UCSB’s Multicultural Center Theater, courtesy of the Center for Information Technology and Society (with which I am also affiliated) there. I can’t recommend it too highly. Larry’s talks are a great show, as well as a call to commitment that’s likely to be as strong and appealing as any you’ll experience in your life.

[Later…] Here’s a picture gallery from the talk.

Life in the Vast Lane — What lives past the Web 2.0 bubble is my EOF essay in the February Linux Journal. One sample:

  In the long run, there’s going to be a lot more money in helping demand find supply than in helping supply find (or create) demand — simply because the efficiencies involved in helping money-in-hand find places to go exceed the guesswork that defines advertising at its core. That even goes for Google, which introduced the radical notion of accountability, but still involves mountains of wasted placements (by countless Linux servers pushing gazillions of tiny text ads into the margins of blogs and search results). I’m not saying that advertising ends, by the way, just that its fate is to become part of an informational ecosystem that supports the buying intentions of customers at least as well as it supports the selling intentions of vendors.

The challenge, of course, is to build out the latter.

People ask why I don’t blog as much as I used to. One answer is that I write as much, but I just don’t do as much of it here. I’ve been blogging more at Linux Journal, in addition to writing for the magazine. (The March issue just arrived. In it are eight pieces of mine: five with a byline and three without.) I write much more in comments here than I did at the blog’s old site, mostly because the design here is a bit more comment-friendly. And there are other places I’m writing, such as the ProjectVRM blog (which we need to fix so that others can write there too… that’s a ball that’s still in my court). Another answer is that I’m on the phone a lot more. Not sure why that is, aside from the need to keep up with the community (which is growing in several directions at once). But it’s hard to write and talk at the same time.

In any case, It’s All Good. It’s jut not all here. Not that it ever was, actually.

So now I’m home in Santa Barbara for the last full day before I’m back on the road (actually, in the air and various subways), first to London for this next week, and then back at my other home in Boston for at least two weeks that should be blessedly free of travel.

Meanwhile, here’s a linkpile, most of which I’ll insult by commenting on them insufficiently.

AOL leaves DC. From critical mass to criticized mess:

  Senior executives looked around the region for talent, but found mostly engineers familiar with business software programming and government contracting, not cutting-edge Web applications. Dozens of creative, technical, sales and operating AOL employees decamped to Silicon Valley, New York and Boston, in search of more promising opportunities.
  “If you worked at AOL after 2002, what would you have learned at AOL that you couldn’t have learned at other places?” said Mark Walsh, an early AOL executive who is an active local investor. “What you learned was how to downsize.”

Sorry I’ll miss Clay Shirky’s visit to Berkman on Thursday and the FCC hearing (with all five commissioners) on Monday. Bad week to be gone, but good for much VRM stuff happening in the U.K.

Jay Deragon asks, Is `The Cluetrain leaving The Station? I’d say the clues have arrived, but are unevenly distributed. Carter F. Smith gets plenty, and asks, If traditional marketing won’t work in The Relationship Economy, what will?

By the way, I’ll be live with Jay on Where is my Customer? The Impact of Social Media on Selling, on Thursday.

Already available is this LinuxWorld podcast with Don Marti. In it I cast doubt on the default assumption that advertising is going to pay for everything. It ain’t.

2008 Web Trend Map.

Mary Hodder: I’ve never seen coverage with Doc or David or Loic in fashion. Via this NYTimes piece.

Joe Andrieu: Figure it out for the individual user first, then find ways to use technology to scale efficient solutions. Averages need not be applied. Monolithic approaches to marketing and product development need not apply. Micro-focus at a mega scale.

Higgins 1.0 is out.

I got quoted by Marshall Kirkpatrick from a NewsGang ‘logue, saying Google is vulnerable in search. Others disagreed. Read the comments. The main thing I’d add is that Google needs competition. Search services that zig where Google zags. Not enough of that yet.

… or is the GOP just buying stuff from Google and bragging about it?

Marc Canter wondered the former with Is Google being played like a violin, which he wrote after reading this press release from GOPConvention2008.com. From the release:

  As Official Innovation Provider, Google Inc. will enhance the GOP’s online presence with new applications, search tools, and interactive video. In addition, Google will help generate buzz and excitement in advance of the convention through its proven online marketing techniques.
  and…
  “As more Americans go online to learn about elections, we’re pleased to work with the Republican National Convention to give citizens around the world easy access to convention information and new ways to engage in the event,” said David Drummond, Google’s Senior Vice President of Corporate Development and Chief Legal Officer.
  “This year, YouTube will bring a new dimension to this landmark event by enabling GOP visitors to share their unique experiences with the world through the power of online video,” said Chad Hurley, YouTube co-founder. “We look forward to working with the convention committee and watching the action unfold.”

This would be pure PR jive and nothing more if the release were restricted to the first paragraph. But when two high-level Google Execs, including its Chief Legal Officer, provide sales blurbs to just one side (so far) of a partisan political battlefield, expect Serious Questions to follow.

To help answer those questions, some context.

First, Nick Carr’s new book, The Big Switch, makes clear at least one strong trend in computing that is being led by Google (along with Amazon, Yahoo and others): Cheap, utility-supplied computing will ultimately change society as profoundly as cheap electricity did. No, personal computing won’t go away, but much of what we need, from storage to applications and raw compute power, will be available (and increasingly relied upon) as utility services. As utilities, these are going to be as free from prejudice about usage as are electricity, gas, water and waste treatment. (That is, not totally free, but sensibly so.) Looking at what the GOP says it will do with Google utilities, I’d say that’s the case here.

Second, it’s important to study how utility providers such as Google engage with large customers (and whole countries) that some find objectionable. For a view on that, check out the recent talk by the dissident Chinese journalist Michael Anti at the Berkman Center. Ethan Zuckerman has a long and helpful write-up. So does David Weinberger. From the latter:

  Q: (colin) Anything that international companies can do?
  A: If Congress banned Google from doing business with China, what would happen to gmail? If Microsoft left China, what about Messenger? For Congress, it’s easy to be black and white. But the Chinese people depend on these tools to communicate about freedom and rights. The real cost is Chinese freedom. (Yahoo is different. It’s “a real bad thing.” It “didn’t do any good to China.”) The Chinese authorities want to embrace the Internet, to be part of the international community, not like North Korea. So we should encourage them to do more with the Internet and to continue to say that the Internet is good. The outside world should encourage as well as blame the Chinese government. The Chinese people don’t like blame and don”t like being told what to do.

Somewhere in there (not sure it got on the podcast) Michael said that Google had great leverage through a single simple fact: most people working for the Chinese government use Gmail. Leverage isn’t always something that is actively used. In fact, in many (perhaps most) cases it doesn’t need to be brought up at all. It’s simply a fact that must be recognized.

Whether one likes or dislikes Google’s engagement with China, or the GOP, at least it’s engaged. For some things it may be in a better position to make a positive difference than if it were not engaged.

As for Yahoo, Michael said that the company had completely lost face in China. Never mind that, as this TechCrunch post puts it, Yahoo owns only 40% of Yahoo China. And that Yahoo may have “been made a scapegoat for the flaws of US foreign policy”. The fact remains that Yahoo, according to the International Herald Tribune, “provided information that helped Chinese state security officials convict a Chinese journalist for leaking state secrets to a foreign Web site…”

There is no doubt that Google has been far more successful than Yahoo in dealing with China. Is it just because Google has a “don’t be evil” imperative and Yahoo does not? I don’t think so. Rather I think that Google has been smart and resourceful in ways that Yahoo has not. Specifically, Google has stayed true to its roots as a tech company with specific and easily understood guiding principles. Yahoo had those too, and for longer than Google. But Yahoo broke faith with those principles, and lost its integrity, when it decided to become an entertainment company and hired Terry Semel as its CEO. In doing so Yahoo ceased being a flagpole and instead became a flag — one that soon will be flying from somebody else’s pole.

I’m at the weekly luncheon series at Berkman, which will be webcast live. Today’s speaker is Michael Anti (Zhao Jing), a Nieman Fellow here at Harvard, and a journalism researcher with the New York Times’ Beijing bureau. More here. An excerpt:

Michael will address the question: what is the result when decentralized and democratized Internet meets the central and undemocratic government with almost free and huge market?

The Chinese blogosphere in the web 2.0 wave has different stories to tell. Internet has given Chinese people more freedom and chances, however, it has also given the ruling party more confidence to avoid the democracy. Michael will explain what the motives of blogging are in China in this context.

I’m the one in the tie-died shirt to Michael’s left. See you (or see us) here.

[Later…] David Weinberger took great notes. Ethan Zuckerman too.

Live from a later meeting… Ethan just said Michael’s talk was “the best thing that happened in this room in the last six months”. I agree. What Michael said was a real why-opener. In a number of ways. What he said about blogging alone was strong shit.

So many comments, so little time. I have to run to a bus in the rain shortly. So I’ll respond to just one: Don Dodge’s.

Yes, it’s true that “consumers sometimes forget the bargain they made in exchange for the free services”.

But it’s also true that almost nobody reads Facebook’s “Terms of Service“, much less anybody else’s. Not long ago I posted about the terms for Verizon and AT&T services. Each was over 10,000 words long and boiled down to “We can cut you off at any time for any reason we like and you have no recourse.”

All these ToSes are asymmetrical to a degree that verges on slavery. What’s the point of even looking at them? If we want the services, we do the deal. If the service is free, all the better. That these bargains are faustain has been known for the duration.

Do we have to continue to make them? The answer is yes, as long as we deal with the devil from a position of near-absolute weakness.

That weakness was more than learned — it was institutionalized — in the Industrial Age. That was a long period of business history during which we came to think that markets are all about What Big Companies Do, and that a “free” market is “Your choice of walled garden”. I wrote about this in Go from Hell, back in September. Here’s the section that pertains most to the Facebook Matter at hand:

Alvin Toffler explored this irony in The Third Wave, published in 1980, where he said:

  (The Industrial Age) violently split apart two aspects of our lives that had always been one… production and consumption… In so doing, it drove a giant invisible wedge into our economy, our psyches … it ripped apart the underlying unity of society, creating a way of life filled with economic tension.

I wrote about that split, that tension, in Listen up, back in 1998 — eighteen years after The Third Wave and nine years before now.

David Weinberger and I also wrote about it a year later, in this chapter of Cluetrain. We called it “The Axe in Our Heads”:

  Ironically, many of us spend our days wielding axes ourselves. In our private lives we defend ourselves from the marketing messages out to get us, our defenses made stronger for having spent the day at work trying to drive axes into our customers’ heads. We do both because the axe is already there, the metaphorical embodiment of that wedge Toffler wrote about — the one that divides our jobs from our lives. On the supply side is the producer; on the demand side is the consumer. In the caste system of industry, it is bad form for the two to exchange more than pleasantries.
  Thus the system is quietly maintained, and our silence goes unnoticed beneath the noise of marketing-as-usual. No exchange between seller and buyer, no banter, no conversation. And hold the handshakes.
  When you have the combined weight of two hundred years of history and a trillion-dollar tide of marketing pressing down on the axe in your head, you can bet it’s wedged in there pretty good. What’s remarkable is that now there’s a force potent enough to actually start loosening it.
  Here’s the voice of a spokesperson from the world of TV itself, Howard Beale, the anchorman in Paddy Chayefsky’s Network who announced that he would commit suicide because “I just ran out of bullshit.” Of course, he had to go insane before he could at last utter this truth and pull the axe from his own head.

We’re all still Howard Beales today. We haven’t run out of bullshit, and there’s no less cause for anger than there was when Network, The Third Wave and Cluetrain each came out. The Information Age is here, but its future is not just (as William Gibson put it) unevenly distributed. Large parts of it aren’t here at all. The largest of those is actual empowerment of customers — in ways that are native to customers, rather than privileges granted by vendors. The difference is huge.

That’s why yelling doesn’t work. What we need instead is to make tools that work for us, and not just for them. We need to invent tools that give each of us independence from vendor control, and better ways of telling vendors what we want, when we want it, and how we want to relate — on our terms and not just on theirs. As Neo said to the Architect, “The problem is choice”. That problem will be with us as long as that axe is in our heads.

Thank Facebook for starting to pull that axe out. As Dan Blank shows, and Jason Calacanis says,

All of this comes up because Facebook has done three things that are at once extremely innovative, extremely rude, extremely helpful, and extremely disconcerting:

1. They are collecting and republishing user data on a level not before seen by users.

2. They are allowing advertisers to use this data to reach these users.

3. They are not giving this information–information that has put their value at $15 billion–back to their users.

Depending on who you are, or what your goals are at a particular time, you might find extreme pleasure or discomfort in each of these.

What matters is the first point. (Forgive me, but the others are red herrings, even if you’re an entrepreneur hoping to make money on the advertising gravy train.) Facebook crossed a line here. They lured us into a vast stockyard, and then began to monetize us in ways that violated our quaint notion that we are not in fact cattle.

Treating users of free services like cattle is as old as TV, radio and billboards. It may be as old as people painting in caves with charcoal and spit. The difference now isn’t in Facebook’s manners, which are no different than those of NBC or the New York Times. The difference isn’t even that this time it’s personal. That’s been a holy grail for advertising since the beginning as well. Facebook is reaching for a golden ring here, and I’m inclined to forgive them for doing that.

The main difference is that we’re not powerless any more. That was the core message of this line from Cluetrain:

If we want our reach to truly exceed Facebook’s grasp, we can’t just tell Facebook to stop grasping. We have do deals on our terms and not just theirs. We have to have real relationships and not just systems on the sell side built only to “manage” us, mostly by minimizing human contact.

Perhaps most of all, we need to come up with systems that help demand find supply, rather than just ones that help supply find (or “create”) demand. That means we need alternatives to the outmoded and inefficient system of guesswork we call advertising.

That doesn’t mean we make advertising go away. But it does mean that we find new paths between demand and supply. and it does mean that find ways to get unwanted advertising out of our face.

[Later…] Alan Patrick sees a tipping point.

Rocking talk on modeling cooperation being given right now by Oliver Goodenough here at the Berkman Center. Streaming live.

Knight Knews

I always thought that both WNEW and KNEW (radio stations in New York and San Francisco, respectively) should have been, given their call letters, news stations. Anyway, that thought came to mind again when I wrote the headline above for the news below…

It’s the last day to apply for a Knight News Grant. I put in an application yesterday for what I called Project PayChoice, which would be an effort devoted to making it easy for anybody to pay for any news at all, any time. In other words, to make the consumers of news into its customers. This would be part of at the Berkman Center, and advance on conversations we’ve already been having, toward a supplementary funding model for public radio — one that would equip listeners to much more easily and quickly pay whatever they please for whatever they like on the air or in podcasts (still supporting the station-based membership system that’s long been in place). It’s a long shot, but we’ll see how it goes.

Excellent interview with Larry Lessig, on the subject of corruption.

Here’s the corruption wiki.

Bonus link #1: The corruption that is the FCC.

Bonus link #2: Drew Clark of the Center for Public Integrity on “Media Tracker, FCC Watch, and the Politics of Telecom, Media and Technology” … today’s Luncheon speaker here at the Berkman Center. Drew is with the Center for Public Integrity, among other things. It is being webcast live, as we blog. The archive will be here.

By the way, I think the current administration will go down as one of the most corrupt in history, as well as one of the most incompetent. Mismanagement doesn’t cover it. Political philosophy is irrelevant. These guys have taken blindered, siege-mentalized cronyism to its mirror-halled metasticized extreme. Getting rid of corruption and incompetence should be Job One for the electorate in 2008. It needs to be the Main Issue. Having Larry on the case should help. A lot.

I got a jump on OneWebDay with an autobiographical post at Linux Journal. In the spirit of (in this case, unintentionally) disclosive autobiography, I posted it yesterday in the mistaken belief that yesterday was actually OneWebDay, and not just the day on which the Berkman Center devoted its customary Luncheon to OneWebDay. So, rather than yank the piece and park it until Saturday, I left it there with an asterisk and a footnote explaining what I just explained here.

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