Politics

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Four years and one day ago, we took a trip aboard a sailboat captained by our friend John Pfarr (who a few days later would later sail the same vessel to Hawaii, the South Seas and back — the dude is a serious sailor). Our modest destination was the string of oil platforms that rise above the coastal waters off Santa Barbara. These are now familiar landmarks, and are regarded with both loathing and affection, the latter especially by he sea (most obviously seal) life that abounds on the platforms’ pylons and girders, above and below the waterline.

As always, I took a lot of photos, one of which now also graces the poster for Oil + Water: The Case of Santa Barbara and Southern California, which will take place April 8 – 10, 2010 in the McCune Conference Room, 6020 HSSB, at UCSB. Specifically,

This conference will explore the ways in which oil and water have created and transformed the history and culture of Santa Barbara and Southern California. Topics will include the Santa Barbara oil spill; the impact of oil on Hollywood; agriculture and marine life; the Owens River Valley; the Salton Sea; cars and car culture; and environmental histories and their lessons.

Important stuff, and highly recommended.

News Without the Narrative Needed to Make Sense of the News: What I Will Say at SXSW is where and how Jay Rosen lays out his current thinking on new agendas for whatever journalism will become after we’re done with the current transition.

He has long been concerned with how explanation is “under-emphasized in the modern newsroom” and offers excellent examples of how explaining should work, as well as ideas about how to institutionalize it. For example, “The goal is to surface the hidden demand for explanation and create a kind of user-driven assignment desk for the explainer genre, which is itself under-developed in pro journalism”. He adds, “Are there other ways to surface this kind of demand?”

I’d call attention to the imperatives of stories, and the role that might be played by new sets of well-explained facts that can help frame or re-frame a story.

See, stories are what assignment editors want. They’re also what readers want. And stories are different to some degree from the current vogue-word narrative. They do overlap, but they are different.

A few months back I visited the subject of story in What’s right with Wikipedia? — a piece I wrote in response to a What’s Wrong With Wikipedia story that had run in the Wall Steet Journal. I don’t know if that story was part of the WSJ’s GOP-aligned “What’s Wrong With Everything Liberals Do” narrative, but in any case I felt the matter needed explaining. Some Wikipedians did a good job of showing how there wasn’t much of a story there (read the piece to see how). For my part, I felt the need to explain what stories are actually about, which is problems, or struggles. Said I,

Three elements make stories interesting: 1) a protagonist we know, or is at least interesting; 2) a struggle of some kind; and 3) movement (or possible movement) toward a resolution. Struggle is at the heart of a story. There has to be a problem (what to do with Afghanistan), a conflict (a game between good teams, going to the final seconds), a mystery (wtf was Tiger Woods’ accident all about?), a wealth of complications (Brad and Angelina), a crazy success (the iPhone), failings of the mighty (Nixon and Watergate). The Journal‘s Wikipedia story is of the Mighty Falling variety.

In his piece Jay mentions what a good Job the Giant Pool of Money episode of This American Life did of bringing sense to the country’s financial crisis. This gave rise to the PlanetMoney podcast, which is also terrific at explaining things. PlanetMoney feeds some of its best stuff to NPR’s news flow as well. One good example is Accidents of History Created U.S. Health System, which made it clear how we got to our wacky employer-supported health insurance system. Go listen to it and see if you don’t have a much better grasp on the challenge, if not of the solutions, currently on the table.

My point here, or one of them, is that the real story isn’t Obama vs. Intransigent Republicans (the Dems’ narrative) or Sensible Americans against Government Takeover (the Reps narrartive), but that we’ve got a health care system that burdens employers almost exclusively, rather than individuals, government (save for VA, Medicare and Medicaid), or other institutions. It’s an open quetion whether or not that’s screwed up, but at least it’s a question that ought to be at the center of the table, or the “debate” that been both boring and appalling.

This is consistent with what Matt Thompson says in The three key parts of news stories you usually don’t get, # 2 of which is WHAT WE MISS (1): The longstanding facts. But we also miss seeing the role that longstanding overlooked facts might play amongst the three story elements: protagonist, problem and movement. Take the problem of employer responsibility as a structural premise for health care. By itself, the problem just sits there. We need a protagonist and a sense that the story has movement. In the absence of either, we look for other defaults. Thus we cast Obama and his opponents as the protagonists, or to get into characterization as the issue if the topic gets logjammed, which it has been for awhile. So we hear about problems with the president’s charactrer. He’s not leading. Or … whatever. You can fill in the blanks

Meanwhile, we live in a world where employers are almost nothing like they were when the current health care system solidified at the end of World War II. In many towns (Santa Barbara, for example) the (or at least a) leading employer is “self”. Tried to get insurance for your self-employed butt lately? How about if you’re older than a child and have a medical history that’s other than perfect? Scary shit. Does the Obama plan make things better for you? According to this story in CNN, “Health insurance exchanges would be created to make it easier for small businesses, the self-employed and unemployed to pool resources and purchase less expensive coverage.” Hmm. “Easier” doesn’t sound like much relief. But doing nothing doesn’t sound good either.

So the easy thing is to go back to covering the compromise bill’s chances in Congress, and the politics surrounding it. That at least makes some kind of sense. We have all our story elements in place. It’s all politics from here on. Bring in the sports and war metaphors and let automated processes carry the rest. Don’t dig, just dine. The sausage-machine rocks on.

As Matt says, “… rarely do we acknowledge what we’re pursuing. When our questions make it into the coverage at all, they have to appear in the mouths of our sources, resulting in paltry, contorted pieces like this one, from the AP. Or they’re attributed to no one, weaseled into a headline that says only, ‘[Such-and-such] raises questions.’ Whose questions? Not ours, certainly.”

I also wonder if we’re barking up the wrong tree (or down the wrong hole) when we obsess about “curation” of news — a favorite topic of mainstream media preservationists. Maybe what we need is to see explainers as advocates of our curiosity about the deep questions, or deep facts, such that they might become unavoidable in news coverage.

This, of course, begs the creation of whole new institutions. Which is the job that Jay has taken up here. Let’s help him out with it.

[Later…] An additional thought: statistics aren’t stories.

I remember hearing about what were later called the killing fields of Cambodia, after refugees reported Pol Pot and the Khmer Rouge were murdering what eventually became more than a million people. Hughes Rudd delivered the story one on the CBS Morning News, as I recall between items on the Superbowl and Patty Hearst. He said that perhaps half a million people were already dead. But the story wasn’t a story. It was an item. It wasn’t until Sydney Shamberg ran “The Death and Life of Dith Pran” in the New York Times’ Sunday Magazine that the story got real. It got human. It had a protagonist. It became a movie.

I thought about this when I noticed there were exactly no comments following my Gendercide post. Here’s the fact that matters: countless baby girls are being killed, right now. But that’s not a story. Not yet. Not even with help from The Economist. I think the job here isn’t just to get more facts, or even to get the right name and the right face. The story needs its Dith Pran, and doesn’t have her yet. (Or, if it does, news hasn’t spread.)

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Tucson05 TitanICBM

After visiting the Titan Missle Museum in Arizona, Matt Blaze wrote, How did we keep from blowing ourselves up for all those years?

Good question.

Take a listen the next time you hear somebody say “Good question.” It means they don’t have the answer. Maybe it also means the best questions are unanswerable.

And maybe we also need to keep asking them anyway, for exactly that reason. This was a lesson I got a long time ago, and reported in 2005, in this post here:

About ten years ago I took a few days off to chill in silence at the New Camaldoli Monastery in Big Sur. One of the values the White Monks of the monastery share with Quakers in Sunday meeting is confinement of speech to that which “improves on the silence”. (Or, in the case of the monks, fails to insult the contemplative virtues of silence.) It was there that I had an amazing conversation with Father John Powell, who told me that any strictly literalist interpretation of Christ’s teachings “insulted the mystery” toward which those teachings pointed — and which it was the purpose of contemplative living to explore. “Christ spoke in paradox”, he said. Also metaphor, which itself is thick with paradox. Jesus knew, Father Powell said, that we understand one thing best in terms of another which (paradoxically) is literally different yet meaningfully similar.

For example, George Lakoff explains that we understand time in terms of money (we “save”, “waste” and “spend” it) and life in terms of travel (we “arrive”, “depart”, “fall off the wagon” or “get stuck in a rut”). For what it’s worth, George is Jewish. Like Jesus.

The greatest mystery of life, Father Powell explained, isn’t death. It’s life. “Life is exceptional”, he said. For all the fecundity of nature, it is surrounded by death. Far as we can tell, everything we see when we look to the heavens is dead as a gravestone. Yet it inspires the living. “Life”, he said, sounding like an old rabbi, “is the mystery”.

I was a kid in the fifties, when the U.S. and the Soviet Union were busy not talking to each other while planting thousands of nuclear-tipped ICBMs  in the ground, pointed at each other’s countries. They were also sending thousands of additional warheads to sea in nuclear submarines. Every warhead was ready obliterate whole cities in enemy territory. Our house was five miles from Manhattan. We had frequent air raid drills, and learned how to “duck and cover” in the likely event of sudden incineration. Like many other kids in those days, I wished to enjoy as much of life as I could before World War III, which would last only a few hours, after which some other species would need to take over.

I was no math whiz; but I was an authority on adults and their failings. I could look at the number of missles involved, guess at all the things that could go wrong, and make a pretty good bet that something, sooner or later, would. I wasn’t sure we would die, but I was sure the chances were close to even.

In his new book The Dead Hand, Washington Post reporter David E. Hoffman explains exactly how close we came:

At 12:15 A.M., Petrov was startled. Across the top of the room was a thin, silent panel. Most of the time no one even noticed it. But suddenly it lit up, in red letters: LAUNCH.

A siren wailed. On the big map with the North Pole, a light at one of the American missile bases was illuminated. Everyone was riveted to the map. The electronic panels showed a missile launch. The board said “high reliability.” This had never happened before. The operators at the consoles on the main oor jumped up, out of their chairs. They turned and looked up at Petrov, behind the glass. He was the commander on duty. He stood, too, so they could see him. He started to give orders. He wasn’t sure what was happening. He ordered them to sit down and start checking the system. He had to know whether this was real, or a glitch. The full check would take ten minutes, but if this was a real missile attack, they could not wait ten minutes to nd out. Was the satellite holding steady? Was the computer functioning properly?…

The phone was still in his hand, the duty ofcer still on the line, when Petrov was jolted again, two minutes later.

The panel ashed: another missile launched! Then a third, a fourth and a fth. Now, the system had gone into overdrive. The additional signals had triggered a new warning. The red letters on the panel began to ash MISSILE ATTACK, and an electronic blip was sent automatically to the higher levels of the military. Petrov was frightened. His legs felt paralyzed. He had to think fast…

Petrov made a decision. He knew the system had glitches in the past; there was no visual sighting of a missile through the telescope; the satellites were in the correct position. There was nothing from the radar stations to verify an incoming missile, although it was probably too early for the radars to see anything.

He told the duty ofcer again: this is a false alarm.

The message went up the chain.

How many other events were there like that? On both sides?

I think there lurks in human nature a death wish — for others, even more than for ourselves. We rationalize nothing better, or with more effect, than killing each other. Especially the other. Fill in the blank. The other tribe, the other country, the other culture, the other religion, whatever.  “I’ve seen the future,” Leonard Cohen sings. “It is murder.” (You can read the lyrics here, but I like the video version.)

Yet we also don’t. The answer to Matt’s question — How did we keep from blowing ourselves up for all those years? —is lieutenant colonel Stanislav Petrov, and others like him, unnamed. Petrov had the brains and the balls to prevent World War III by saying “Nyet” to doing the crazy thing that only looked sane because a big institution (in his case, the Soviet Union) was doing it.

We’re still crazy. (You and I may not be, but we are.)

War is a force that gives us meaning, Chris Hedges says. You can read his book by that title, (required reading from a highly decorated and deeply insightful former war correspondent). You can also watch the lecture he gave on the topic at UCSB in 2004. The mystery will be diminished by his answer, but not solved.

Still, every dose of sanity helps.

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sunlight_repdata

Brilliant of the Sunlight Foundation to show who pays each elected speaker, in text next to them as they’re speaking at the Heath Care Summit. Dig it here, live.

Via @mathowie.

[Later…] In the interest of fairness, here’s a Democrat, and his major backers:

sunlight_repdata2

(I’ve cropped and moved the video image a bit so browsers won’t shrink the numbers too much.)

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The Cinternet is Donnie Hao Dong’s name for the Chinese Internet. Donnie studies and teaches law in China and is also a fellow here at Harvard’s Berkman Center. As Donnie sees (and draws) it, the Cinternet is an increasingly restricted subset of the real thing:

map[19]

He calls this drawing a “map of encirclement.” That last noun has a special meaning he explains this way:

“The Wars of (anti-)Encirclement Compaign” were a series battles between China Communist Party and the KMT‘s Nanjing Gorvernment in 1930s. At the time the CCP established a government in south-central China (mostly in Jiang Xi Province). The KMT’s army tried five times to attack and encircle the territory of CCP’s regime. And The CCP’s Red Army was almost defeated in the Fifth Encirclement War in 1934. The Long March followed the war and rescued CCP and its army.

Encirclement is more than censorship. It’s a war strategy, and China has been at war with the Internet from the start.

But while China’s war is conscious, efforts by other countries to encircle the Net are not. To see what I mean by that, read Rebecca MacKinnon‘s Are China’s demands for Internet ‘self-discipline’ spreading to the West? Her short answer is yes. Her long answer is covered in these paragprahs:

To operate in China, Google’s local search engine, Google.cn, had to meet these “self-discipline” requirements. When users typed words or phrases for sensitive subjects into the box and clicked “search,” Google.cn was responsible for making sure that the results didn’t include forbidden content.

It’s much easier to force intermediary communications and Internet companies such as Google to police themselves and their users than the alternatives: sending cops after everybody who attempts a risque or politically sensitive search, getting parents and teachers to do their jobs, or chasing down the origin of every offending link. Or re-considering the logic and purpose of your entire system.

Intermediary liability enables the Chinese authorities to minimize the number of people they need to put in jail in order to stay in power and to maximize their control over what the Chinese people know and don’t know.

In its bombshell announcement on Jan. 12, Google cited massive cyber attacks against the Gmail accounts of human rights activists as the most urgent reason for re-evaluating its presence in China. However, the Chinese government’s demands for ever-increasing levels of censorship contributed to a toxic and unsustainable business environment.

Remember that phrase: intermediary liability. It’s a form of encirclement. Rebecca again:

Meanwhile in the Western democratic world, the idea of strengthening intermediary liability is becoming increasingly popular in government agencies and parliaments. From France to Italy to the United Kingdom, the idea of holding carriers and services liable for what their customers do is seen as the cheapest and easiest solution to the law enforcement and social problems that have gotten tougher in the digital age — from child porn to copyright protection to cyber-bullying and libel.

I’m not equating Western democracy with Chinese authoritarianism — that would be ludicrous. However, I am concerned about the direction we’re taking without considering the full global context of free expression and censorship.

The Obama administration is negotiating a trade agreement with 34 other countries — the text of which it refuses to make public, citing national security concerns — that according to leaked reports would include increased liability for content hosting companies and service providers. The goal is to combat the global piracy of movies and music.

I’m not saying that we shouldn’t fight crime or enforce the law. Of course we should, assuming that the laws reflect the consent of the governed. But let’s make sure that we don’t throw the baby of democracy and free speech out with the bathwater, as we do the necessary work of adjusting legal systems and economies to the Internet age.

Next, What Big Content wants from net neutrality (hint: protection), by Nate Anderson in Ars Technica. According to Nate, more than ten thousand comments were filed on the subject of net neutrality with the FCC, and among these were some from the RIAA and the MPAA. These, he said, “argued that the FCC should encourage ISPs to adopt ‘graduated response’ rules aimed at reducing online copyright infringement”, and that they “also reveal a content-centric view of the world in which Americans will not ‘obtain the true benefits that broadband can provide’ unless ‘copyrighted content [is] protected against theft and unauthorized online distribution'”. He continues,

What could graduated response possibly have to do with network neutrality? The movie and music businesses have seized on language in the FCC’s Notice of Proposed Rulemaking that refuses to extend “neutrality” to “unlawful content.” The gist of the MPAA and RIAA briefs is that network neutrality’s final rules must allow for—and in fact should encourage—ISPs to take an active anti-infringement role as part of “reasonable network management.”

Not that the word “infringement” is much in evidence here; both briefs prefer “theft.” The RIAA’s document calls copyright infringement “digital piracy—or better, digital theft,” and then notes that US Supreme Court Justice Breyer said in the Grokster case that online copyright infringement was “garden variety theft.”

To stop that theft, the MPAA and RIAA want to make sure that any new FCC rules allow ISPs to act on their behalf. Copyright owners can certainly act without voluntary ISP assistance, as the RIAA’s lengthy lawsuit campaign against file-swappers showed, but both groups seem to admit that this approach has now been hauled out behind the barn and shot.

According to the RIAA, “Without ISP participation, it is extremely difficult to develop an effective prevention approach.” MPAA says that it can’t tackle the problem alone and it needs “broadband Internet access service providers to cooperate in combating combat theft.”

“No industry can, or should be expected to, compete against free-by-theft distribution of its own products,” the brief adds.

“We thus urge the Commission to adopt rules that not only allow ISPs to address online theft, but actively encourage their efforts to do so,” says the RIAA.

And that’s how we get the American Cinternet. Don’t encircle it yourself. Get the feds to make ISPs into liable intermediaries forced to practice “self discipline” the Chinese way: a “graduated response” that encircles the Net, reducing it to something less: a spigot of filtered “content” that Hollywood approves. Television 2.0, coming up.

Maybe somebody can draw us the Content-o-net.

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I just posted this essay to IdeaScale at OpenInternet.gov, in advance of the Open Internet Workshop at MIT this afternoon. (You can vote it up or down there, along with other essays.)  I thought I’d put it here too. — Doc


The Internet is free and open infrastructure that provides almost unlimited support for free speech, free enterprise and free assembly. Nothing in human history, with the possible exception of movable type — has done more to encourage all those freedoms. We need to be very careful about how we regulate it, especially since it bears only superficial resemblances to the many well-regulated forms of infrastructure it alters or subsumes.

Take radio and TV, for example. Spectrum — the original “bandwidth” — is scarce. You need a license to broadcast, and can only do so over limited distances. There are also restrictions on what you can say. Title 18 of the United States Code, Section 1464, prohibits “any obscene, indecent or profane language by means of radio communication.” Courts have upheld the prohibition.

Yet, as broadcasters and the “content industry” embrace the Net as a “medium,” there is a natural temptation by Congress and the FCC to regulate it as one. In fact, this has been going on since the dawn of the browser. The Digital Performance Right in Sound Recordings Act (DPRSA) came along in 1995. The No Electronic Theft Act followed in 1997. And — most importantly — there was (and still is) Digital Millenium Copyright Act of 1998.

Thanks to the DMCA, Internet radio got off to a long and very slow start, and is still severely restricted. Online stations face payment requirements to music copyright holders are much higher than those for broadcasters — so high that making serious money by webcasting music is nearly impossible. There are also tight restrictions on what music can be played, when, and how often. Music on podcasts is essentially prohibited, because podcasters need to “clear rights” for every piece of copyrighted music they play. That’s why, except for “podsafe” music, podcasting today is almost all talk.

There is also a risk that we will regulate the Net as a form of telephony or television, because most of us are sold Internet service as gravy on top of our telephone or cable TV service — as the third act in a “triple play.” Needless to say, phone and cable companies would like to press whatever advantages they have with Congress, the FCC and other regulatory bodies.

It doesn’t help that most of us barely know what the Internet actually is. Look up “The Internet is” on Google and see what happens: http://www.google.com/search?hl=en&q… There is little consensus to be found. Worse, there are huge conflicts between different ways of conceiving the Net, and talking about it.

For example, when we say the Net consists of “sites,” with “domains” and “locations” that we “architect,” “design,” “build” and “visit,” we are saying the Internet is a place. (Where, presumably, you can have free speech, enterprise and assembly.)

But if we say the Net is a “medium” for the “distribution” of “content” to “consumers,” we’re talking about something more like broadcasting or the shipping industry, where those kinds of freedoms are more restricted.

These two ways of seeing the Net are both true, both real, and both commonly used, to the degree that we mix their metaphors constantly. They also suggest two very different regulatory approaches.

Right now most of us think about regulation in terms of the latter. That is, we want to regulate the Net as a shipping system for content. This makes sense because most of us still go on the Net through connections supplied by phone or cable companies. We also do lots of “downloading” and “uploading” — and both are shipping terms.

Yet voice and video are just two among countless applications that can run on the Net — and there are no limits on the number and variety of those applications. Nor should there be.

So, what’s the right approach?

We need to start by recognizing that the Net is infrastructure, in the sense that it is a real thing that we can build on, and depend on. It is also public in the sense that nobody owns it and everybody can use it. We need to recognize that the Net is defined mostly by a collection of protocols for moving data — and most of those protocols are open to improvement by anybody. These protocols may be limited in some ways by the wired or wireless connections over which they run, but they are nor reducible to those connections. You can run Internet protocols over barbed wire if you like.

This is a very different kind of infrastructure than anything civilization has ever seen before, or attempted to regulate. It’s not “hard” infrastructure, like we have with roads, bridges, water and waste treatment plants. Yet it’s solid. We can build on it.

In thinking about regulation, we need to maximize ways that the Net can be improved and minimize ways it can be throttled or shut down. This means we need to respect the good stuff every player brings to the table, and to keep narrow but powerful interests from control our common agenda. That agenda is to keep the Net free, open and supportive of everybody.

Specifically, we need to thank the cable and phone companies for doing the good work they’ve already done, and to encourage them to keep increasing data speeds while also not favoring their own “content” subsidiaries and partners. We also need to encourage them to stop working to shut down alternatives to their duopolies (which they have a long history of doing at both the state and federal levels).

We also need to thank and support the small operators — the ISPs and Wireless ISPs (WISPs) — who should be able to keep building out connections and offering services without needing to hire lawyers so they can fight monopolists (or duopolists) as well as state and federal regulators.

And we need to be able to build out our own Internet connections, in our homes and neighborhoods — especially if our local Internet service providers don’t provide what we need.

We can only do all this if we start by recognizing the Net as a place rather than just another medium — a place that nobody owns, everybody can use and anybody can improve.

Doc Searls
Fellow, Berkman Center for Internet & Society
Harvard University

[Later…] A bonus link from Tristan Louis, on how to file a comment with the FCC.

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‘Smart’ Electric Utility Meters, Intended to Create Savings, Instead Prompt Revolt is a New York Times story that perhaps suggests a deeper truth: People don’t want their utilities to get smart on them. Except, occasionally, on request. Like, when a bill one month is strangely high.

These paragraphs encapsulate several problems at once:

At the urging of the state senator, Dean Florez, Democrat of Fresno and the chamber’s majority leader, and others, the California Public Utilities Commission is moving to bring in an outside auditor to determine whether the meters count usage properly.

In response to a wave of complaints from the Bakersfield area in the Central Valley, Pacific Gas & Electric has been placing full-page advertisements in newspapers in the area promising benefits from the new meters. It says customers will save money not only by paying rates based on hourly fluctuations in the wholesale market, but also eventually by displaying real-time rates.

To reduce their bills, customers could cut back at pricey peak times and shift some activities, like running a clothes dryer or a vacuum cleaner, to off-peak periods. Utilities will then have lower costs, the argument goes, because the grid will need fewer power plants as demand levels out.

Customers will become “structural winners,” said Andy Tang, senior director of the company’s Smart Energy Web program.

The first problem is that some customers (enough to cause a stink, and cause newspaper stories) think their new “smart” meters are cheating them. Let’s say the meters are fine. (And I’m betting they are.) What’s this say?

The second problem is that the meters complicate usage. Who (besides people paid to care) are interested in wholesale energy market price fluctuations? And how many customers are ready to modulate usage based on fluctuating real-time demand?

The third problem is cultural, normative, and to some degree explains the first two: We’re not used to caring about this kind of stuff. Much less about being “structural winners,” whatever those are.

What’s being called for here is not just new gear that helps users use less electricity, water and gas. And what’s proposed is not just the need for all of us to “go green” and care about wasting resources and cooking the planet. What’s proposed is re-conceiving what a utility is.

Utilities, at least to the end user, the final customer, the one paying the bills, are simple things. They are dumb. Their availabiliy is binary: it’s there or its not. When it is, you want to hold down costs, sure; but you expect it to be there full-time. There should be enough gas or oil to run a furnace, to boil an egg, to produce hot water. There should be enough electricity to light bulbs and keep appliances running. There should be enough water pressure for people to take showers and wash dishes. More than enough doesn’t get noticed. Less than enough is a problem. That or none requires a call to the utility company or the landlord.

“Smart” so far looks complicated. And most people don’t want complicated, especially from their utilities.

Now, what we’re talking about here is making all utilities digital. That is, computerized. Again, complicated. True, for a mostly good cause. But entirely good? I gotta wonder. When I see big companies like GE and IBM talking about making our power “smart,” I think they’re talking about making it smart their way. Which is not like other companies’ ways. And selling “solutions” to utility companies that are different than the next company’s “solutions,” and lock the customers into proprietary systems that can cause more annoyance than convenience down the road.

I haven’t studied any of this, so I don’t know. I’m just saying what I suspect. And I invite correction on the matter. If there are standard ways to smarten power, so that customers can swap out one company’s gear for another’s, that’s fine. But again, I dunno.

Meanwhile, let’s table that and look at the Internet. This is a place where we have a degree of intelligence in a utility. Customers in many places have choices about variables such as bandwidth, and “business” versus “home” levels of support.

But I think what we want out of the Internet is what we already have with water, gas and electricity: it’s just there. Nothing more complicated than that.

I hope that’s where we end up. But my fear is that old-fashioned utilities will get smart the way the phone and cable companies have made the Internet smart. And that would be dumb.

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Empowering the Internet One American at a Time is an excellent post by Erik Cecil, a battle-hardened telecom lawyer whose vision of the Big Picture and around all curves continues to delight me. The post first appeared on a mail list, and is addressed primarily to fellow Internet and telecom obsessives (myself included). Here are its opening paragraphs:

From this lawyer’s perspective, regulation mostly puts the legal power in the hands of carriers and regulators. The Internet puts technology in the hands of everyday people. There’s a mismatch. I’ve offered here and in other places simple ways to fix that near term, but as you may see from discussions in policy, legal, technical, and economic circles, we get into all sorts of interesting chats about history and this and that, but few actually take on the political realities and industry issues head-on. Connectivity sucks in every state because we subsidize to the tune of billions of dollars per year ancient technologies, force new ones into those shoehorns, and drive costs through the roof. Industry, particularly competitive industry is hemmed in on one side by what by any monetary measure is monopoly and on the other by regulators. Since industry is terrified of getting under the skin of the regulators (with good reason in many respects – they can be vindictive at times; happy to take anyone through any dozen briefs, recommended decisions and commission decisions), there’s a lot of dancing around the issue, but few, IMHO, really run it to ground.

Very simply: federalize regulation BUT put the rights in the hands of individuals rather than the always hyper-political state PUCs, which, as you note and as has been discussed on this list and other lists for years, tend to be self-serving in how they cut up their data. Unless and until we flatten regulation, it will continue to flatten us. The little guys cannot afford the legal and political horsepower it takes to compete. Trust me; I’ve run some of the biggest ones around (at least from the competitive side) and I still deal with this on a daily basis.

More fodder for this morning’s session at Supernova.

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Yesterday the FCC released a public notice seeking comment on the “transition from circuit switched network to all-IP network.” (Here’s the .pdf. Here’s the .txt version.) Translation: from the phone system to the Internet.

This is huge. Really. Freaking. Huge.

Or maybe not. Could be it’s all just posturing or worse. But I don’t think so. Or I hope not.

Either way, it matters. For better and worse, the Internet reposes in legal as well as technical infrastructures.

The money text:

The intent of this Public Notice is to set the stage for the Commission to consider whether to issue a Notice of Inquiry (NOI) relating to the appropriate policy framework to facilitate and respond to the market-led transition in technology and services, from the circuit switched PSTN system to an IP-based communications world.

In the spirit of understanding the scope and breadth of the policy issues associated with this transition, we seek public comment to identify the relevant policy questions that an NOI on this topic should raise in order to assist the Commission in considering how best to monitor and plan for this transition.

In identifying the appropriate areas of inquiry, we seek to understand which policies and regulatory structures may facilitate, and which may hinder, the efficient migration to an all IP world. In addition, we seek to identify and understand what aspects of traditional policy frameworks are important to consider, address, and possibly modify in an effort to protect the public interest in an all-IP world.

The italics are mine.

There is a high degree of presumption here. I mean, are we really migrating to an all-IP world? All? Most of us still watch plenty of television. And, in the immortal words of Wierd Al Yankovic, we all have cell phones. Neither TV nor cellular telephony are even close to an “all-IP world.” IP might be involved, but … there is some distance to cover here. And not much motivation by phone companies to make the move.

Still, we can see it happening. Your smartphone today is a data device that happens to run a lot of applications, which include both telephony and television. Yet the bill you get for using your phone (no matter how smart it is) comes from a phone company. The underlying infrastucture, including 3G, is largely a phone system. It handles data, and it’s mostly digital, but it is not fundamentally a data system. It’s a phone system built for billing by the minute. Or even the second.

Can we change phone systems into all-IP data systems? I would hope so.

But before I go any deeper, I want to plug my panel tomorrow morning (8:30am Pacific) at Supernova (#sn09). The title is Telecom as Software. Any questions you want me to ask, or topics you want me to cover, put them below.

I just posted Rupert Murdoch vs. The Web, over at Linux Journal. In it I suggest that the Murdoch story (played mostly as Bing vs Google) is a red herring, and that the real challenge is to free the Web and ourselves from dependencies from giant companies I liken to volcanoes:

We’re Pompeians, Krakatoans, Montserratans, building cities and tilling farms on the slopes of active volcanoes. Always suckers for stories, we’d rather take sides in wars between competing volcanoes than build civilization on more flat and solid ground where there’s room enough for everybody.

Google and Bing are both volcanoes. Both grace the Web’s landscape with lots of fresh and fertile ground. They are good to have in many ways. But they are not the Earth below. They are not what gives us gravity.

I think one problem here is a disconnect between belief systems about markets, and the stories that arise from them.

One system believes a free market is Your Choice of Captor. In this camp I put both the make-it/take-it mentality (where “winners” are rewarded and “losers” punished) of the Wall Street Journal (which a few months ago looked upon the regulated duopolies for Internet access as the “free market” at work) and those who see business (or corporations, or capitalism, or all three) as a problem and look to government — another monopoly — for remedy from these evils in the marketplace. In other words, I lump both the left and the right in here, along with the conflicts between them.

The other system sees markets as settings for human activity: the locations, both real and virtual, where people and their organizations meet to do business, make culture, and build civilization. Here I put nearly everybody who contributed the structural agreements that made the Internet possible, and who truly understand what it is and how it works, even if they can’t all agree on what metaphors to use for it. I also include all who have contributed, and continue to contribute, to the free and open code bases with which we are building out our networked world. While political beliefs among members of this system may sort somewhere along the right-vs.-left axis, what they do to build the world is orthogonal to that axis. That’s one big reason why that work escapes notice.

The distinction I see here aligns well with Virginia Postrel‘s contrast between “stasists” and “dynamists”. The difference is that much of what gets done to make the networked world (and to support its dynamism) isn’t “dynamic” in the active and dramatic sense of the word — except in its second-order effects. For example, SMTP and IMAP are not dynamic. (Being mannerly technical agreements, protocols don’t do that.) But on those protocols (and related ones) email happened, and the world hasn’t been the same since.

With that distinction in mind, I suggest that too much oxygen suckage is wasted on “wars” between the stasists (some of whom are also into the superficially dynamistic attention-suck of vendor sports — here’s an oldie but goodie that still makes my point), and not enough on constructive work done by geeks and entrepreneurs who quietly build the original and useful stuff that serves as solid infrastructure on which countless public goods (including wealth creation beyond measure) can be generated.

We have the same problem in most net neutrality arguments. The right hates it, the left loves it. One looks to protect the “free market” of phone and cable companies (currently a Your-Choice-of-Captor system) while the other looks to government (meet your new captor) for relief. When in fact the whole thing has happened all along within what Bob Frankston calls The Regultorium.

The primary dynamism of the Internet — what gave us the Net in the first place, and what holds the most promise in the long run — doesn’t just come from those parties, and can’t be found in the arguments they’re having. It comes from low-box-office geekery that supports enormous new business opportunities (along with many public benefits, with or without business).

It’ll take time to see this, I guess. Just hope we don’t drown in lava in the meantime.

Bonus red herring: A lot of news really isn’t.

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