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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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I’m on the East Coast for the rest of the current fire season in California. Which is cool, literally. I miss Santa Barbara, but not the fear of destruction (which I generally don’t have there, but I need my rationalizations). Speaking of which, here’s The Mania of Owning Things, my EOF column for August 2009 issue of Linux Journal. I wrote it during the Jesusita Fire, the second fire-bullet we dodged this year.

The column title refers to the last line of this bit of Whitman:

I think I could turn and live awhile with the animals.
They are so placid and self-contained.
I stand and look at them sometimes half the day long.
They do not sweat and whine about their condition.
They do not lie awake in the dark and weep for their sins.
Not one is dissatisfied.
Not one is demented with the mania of owning things.

(For some reason most of those lines didn’t make it into the published piece. So, when you look at it, bear in mind that the top text is part of Whitman and none of me.) Some exerpts (from me, not Whitman):

Ambition and industry in the face of inevitable destruction is the job of life…

I believe in ownership—not for economic reasons, but because possession is 9/10ths of the three-year-old. We are all still toddlers in more ways than we’d like to admit—especially when it comes to possessions.

We are grabby animals. We like to own stuff—or at least control it. Where would a three-year-old be without the first-person possessive pronoun? No response is more human than “Mine!” And yet possessions are also burdens. I have a friend whose childhood home was burned twice by the same nutcase. He’s one of the sanest people I know. I can’t say it’s because he has been relieved of archives and other non-negotiables, but it makes a kind of sense to me. I have tons of that stuff, and I’ve thought lately about what it would mean if suddenly they were all cremated. Would that really be all bad? What I’d miss most are old photos that haven’t been scanned and writing that hasn’t been digitized in some way. But is my digital stuff all that safe either?…

I’ve just started backing (it) up “in the cloud”. But how safe is that? Or secure? Companies are temporary. Servers are temporary. Hell, everything is temporary.

When I was young, I acknowledged death as part of the cycle of life. Now I think it’s the other way around. Life is part of the cycle of death. Life generates fuel for death. It’s a carbon-based refinery for lots of interesting and helpful stuff.

Think about it. Marble. Limestone. Travertine. Oil. Gas. Coal. Wood. Linoleum. Cement. Paint. Plastics. Paper. Asphalt. Textiles. Medicines. Even the heat used to smelt iron and shape glass comes mostly from burning fossil fuel. The moon has abundant aluminum ores. But how would you produce the heat required for extraction, or do anything without the combustive assistance of oxygen? Ninety-eight percent of the oxygen in Earth’s atmosphere is produced by plants. Most of the sources are now dead, their energies devoted to post-living purposes.

The Internet grows by an odd noospheric process: duplication. In “Better Than Free”, Kevin Kelly makes an observation so profound and obvious that you can’t shake it once it sinks in: “The Internet is a copy machine.” As a result, the Net is turning into what Bob Frankston calls a “sea of bits”. This too is an ecosystem of sorts. Is it, like Earth’s ecosystem, a way that death makes use of life? I wonder about that too.

Anyway, the rest is here.

What are we to make of Sidewiki? Is it, as Phil Windley says, a way to build the purpose-centric Web? Or is it, as Mike Arrington suggests, the latest way to “deface” websites?

The arguments here were foreshadowed in the architecture of the Web itself, the essence of which has been lost to history — or at least to search engines.

Look up Wikipedia+Web on Google and you won’t find Wikipedia’s World Wide Web entry on the first page of search results. Nor in the first ten pages. The top current result is for Web browser. Next is Web 2.0. Except for Wikipedia itself, none of the other results on the first page point to a Wikipedia page or one about the Web itself.

This illustrates how far we’ve grown away from the Web’s roots as a “hypertext project”. In Worldwide: Proposal for a Hypertext Project, dated 12 November 1990, Tim Berners-Lee and Robert Callao wrote,

Hypertext is a way to link and access information of various kinds as a web of nodes in which the user can browse at will. Potentially, Hypertext provides a single user-interface to many large classes of stored information such as reports, notes, data-bases, computer documentation and on-line systems help…

…There is a potential large benefit from the integration of a variety of systems in a way which allows a user to follow links pointing from one piece of information to another one. This forming of a web of information nodes rather than a hierarchical tree or an ordered list is the basic concept behind Hypertext…

Here we give a short presentation of hypertext.

A program which provides access to the hypertext world we call a browser. When starting a hypertext browser on your workstation, you will first be presented with a hypertext page which is personal to you: your personal notes, if you like. A hypertext page has pieces of text which refer to other texts. Such references are highlighted and can be selected with a mouse (on dumb terminals, they would appear in a numbered list and selection would be done by entering a number)…

The texts are linked together in a way that one can go from one concept to another to find the information one wants. The network of links is called a web . The web need not be hierarchical, and therefore it is not necessary to “climb up a tree” all the way again before you can go down to a different but related subject. The web is also not complete, since it is hard to imagine that all the possible links would be put in by authors. Yet a small number of links is usually sufficient for getting from anywhere to anywhere else in a small number of hops.

The texts are known as nodes. The process of proceeding from node to node is called navigation. Nodes do not need to be on the same machine: links may point across machine boundaries. Having a world wide web implies some solutions must be found for problems such as different access protocols and different node content formats. These issues are addressed by our proposal.

Nodes can in principle also contain non-text information such as diagrams, pictures, sound, animation etc. The term hypermedia is simply the expansion of the hypertext idea to these other media. Where facilities already exist, we aim to allow graphics interchange, but in this project, we concentrate on the universal readership for text, rather than on graphics.

Thus was outlined, right at the start, a conflict of interests and perspectives. On one side, the writer of texts and other creators of media goods. On the other side, readers and viewers, browsing. Linking the two is hypertext.

Note that, for Tim and Robert, both hypertext and the browser are user interfaces. Both authors and readers are users. As a writer I include hypertext links. As a reader with a browser I can follow them — but do much more. And it’s in that “more” category that Sidewiki lives.

As a writer, Sidewiki kinda creeps me out. As Dave Winer tweeted to @Windley, What if I don’t want it on my site? Phil tweeted back, but it’s not “on” your site. It’s “about” your site & “on” the browser. No?

Yes, but the browser is a lot bigger than it used to be. It’s turning into something of an OS. The lines between the territories of writer and reader, between creator and user, are also getting blurry. Tools for users are growing in power and abundance. So are those for creators, but I’m not sure the latter are keeping up with the former — at least not in respect to what can be done with the creators’ work. All due respect for Lessig, Free Culture and remixing, I want the first sources of my words and images to remain as I created them. Remix all you want. Just don’t do it inside my pants.

I’ll grant to Phil and Google that a Google sidebar is outside the scope of my control, and is not in fact inside my pants. But I do feel encroached upon. Maybe when I see Sidewiki in action I won’t; but for now as a writer I feel a need to make clear where my stuff ends and the rest of the world’s begins. When you’re at my site, my domain, my location on the Web, you’re in my house. My guest, as it were. I have a place here where we can talk, and where you can talk amongst yourselves as well. It’s the comments section below. If you want to talk about me, or the stuff that I write, do it somewhere else.

This is where I would like to add “Not in my sidebar.” Except, as Phil points out, it’s not my sidebar. It’s Google’s. That means it’s not yours, either. You’re in Google-ville in that sidebar. The sidewiki is theirs, not yours.

In Claiming My Right to a Purpose-Centric Web: SideWiki, Phil writes,

I’m an advocate of the techniques Google is using and more. I believe that people will get more from the Web when client-side tools that manipulate Web sites to the individual’s purpose are widely and freely available. A purpose-centric Web requires client-side management of Web sites. SideWiki is a mild example of this.

He adds,

The reaction that “I own this site and you’re defacing it” is rooted in the location metaphor of the Web. Purpose-centric activities don’t do away with the idea that Web sites are things that people and organizations own and control. But it’s silly to think of Web sites the same way we do land. I’m not trespassing when I use HTTP to GET the content of a Web page and I’m not defacing that content when I modify it—in my own browser—to more closely fit my purpose.

Plus a kind of credo:

I claim the right to mash-up, remix, annotate, augment, and otherwise modify Web content for my purposes in my browser using any tool I choose and I extend to everyone else that same privilege.

All of which I agree with—provided there are conventions on the creators’ side that give them means for clarifying their original authorship, and maintaining control over that which is undeniably theirs, whether or not it be called a “domain”.

For example, early in the history of Web, in the place where publishing, browsing and searching began to meet, a convention by which authors of sites could exclude their pages from search results was developed. The convention is now generally known as the Robots Exclusion Standard, and began with robots.txt. In simple terms, it was (and remains) a way to opt out of appearance in search results.

Is there something robots.txt-like that we could create that would reduce the sense of encroachment that writers feel as Google’s toolbar presses down from the top, and Sidewiki presses in from the left? (And who-knows-what from Google — or anybody — presses in from the right?)

I don’t know.

I do know that we need more and better tools in the hands of users — tools that give them independence both from authors like me and intermediaries like Google. That independence can take the form of open protocols (such as SMTP and IMAP, which allow users to do email with or without help from anybody), and it can take the form of substitutable tools and services such as browsers and browser enhancements. Nobody’s forcing anybody to use Google, Mozilla, any of their products or services, or any of the stuff anybody adds to either. This is a Good Thing.

But we’re not at the End of Time here, either. There is much left to be built out, especially on the user’s side. This is the territory where VRM (Vendor Relationship Management) lives. It’s about “equipping customers to be independent leaders and not just captive followers in their relationships with vendors and other parties on the supply side of the marketplace”.

I know Phil and friends are building VRM tools at his new company, Kynetx. I’ll be keynoting Kynetx’ first conference as well, which is on 18-19 November. (Register here.) Meanwhile there is much more to talk about in the whole area of individual autonomy and control — and work already underway in many areas, from music to public media to health care — which is why we’ll have VRooM Boston 2009 on 12-13 October at Harvard Law School. (Register here.)

Lots to talk about. Now, more places to do that as well.

Bonus Links:

[Later…] Lots of excellent comments below. I especially like Chris Berendes’. Pull quote: I better take the lead in remixing “in my pants”, lest Google do it for me. Not fair, but then the advent of the talkies was horribly unfair to Rudolf Valentino, among other silent film stars.

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Quakes

The United States Geological Survey (USGS) has an excellent Earthquake Center for all the earthquakes in the world, which is very handy at a time when many are happening at once, followed in some cases by tsunamis that cross seas to strike coastlines minutes to hours later.

For example, this list of earthquakes of magnitude 5 and greater shows in red both the 8.0 quake that caused tsunamis in the South Pacific, and the 7.6 quake that devastated western Sumatra and also poses a serious tsunami risk — both just in the last few hours. Tonga alone has seen thirteen aftershocks of 5.0 or greater. The Samoa Islands Region has seen twelve.

Bear in mind that the Loma Prieta Quake in 1989 was around a 7.0, and 5.0 earthquakes have caused thousands of deaths as well.

Most of us are great distances from both regions that were just hit, but we are still in position to help. One way is by getting facts straight, and also to keep fail whales from falling on lines that are bound to be congested. Hope this little bit of pointage helps.

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Starting a few upgrades back, Firefox started showing this…

firefox_feature

…  when you clicked on that little icon at the left end of the location bar. (What’s the name for that?) Now, with version 3.5.3 (and perhaps earlier versions — the last one I used before this was 3.0.9), it still shows that same pop-down thing, but no longer selects the location text to the right. That’s not a problem, because you can still select all the location text with one click anywhere within that text. I only discovered that feature by experimenting around. Searching the Mozilla site was useless. The feature also violates normal expectations of what happens when you click once (place cursor), twice (select word), or three times (select all) on text, but I don’t mind. A little conditionality doesn’t hurt, and it’s good to be able to select a whole URI easily.

What I don’t get is why it’s worth mentioning that a site “does not supply identity information” and that the site “is not encrypted” when these two conditions prevail for approximatly every site on the Web, including Firefox’s own, which is the case I used above to demonstrate the feature. Yes, I understand why the pop-down is there, but I’d rather return to having a click on the icon select all the text to the right. Is there a way to go back to that?

Meanwhile what “identity information” are they talking about? Mine? Mozilla’s? If I click on “More Information…” a Page Info window opens, telling me next to “Owner” that “This web site does not supply ownership information.” Of whom? Of what? To whom? Not clear.

Hey, I’ll cop to being a second-rate geek (which is true); but it’s a safe bet that if I don’t know what this is about, regular old Web surfers don’t know, either.

So, as long as we’re being unclear, it’s better (at least for me) to go back a few steps toward something that’s both plain and useful. Bury this pop-down’s functionality in the Tools menu or something.

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stony

Above is the latest (as of this morning) MODIS satellite map (on Google Earth) of Station Fire spottings in the Angeles National Forest north of the Los Angeles basin. Near the center I’ve marked the Stony Ridge Observatory. While less familiar than the famous Mt. Wilson Observatory (and little known outside its own circles), Stony Ridge has a long history and is much loved as well as relied-upon.

This story in the LA Times raised concerns that Stony Ridge might be lost, but the latest word on the observatory’s own site, as well as the map above, suggest that it has been spared. I wonder to what degree this is because firefighters worked to save it, or that the fire simply avoided it. In any case it looks like a hole in the donut of surrounding fire—and that most of the fire spreading currently is away from populated areas.

Here are some aftermath shots of Mt. Wilson.

Here’s my whole Angeles Fire series on Flickr.

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redwoods

Why do mature redwood trees have trunks that rise two hundred feet before branches commence, live for centuries and have bark that’s a foot thick? Because they are adapted to fire.

zaca

Why does the silver-green chaparral that covers California’s hills and mountains burn so easily? Because it’s supposed to.

calpoppies

Why, other than its color, is the California Poppy such an appropriate flower for the Golden State? Because it is adapted to both fire and earthquakes. Says Wikipedia, “It grows well in disturbed areas and often recolonizes after fires”.

Of course, so do we. That’s why it’s not weird to find humans colonizing hillsides and other “disturbed areas” of California. Case in point: I am writing this in a house sited on an former landslide, not far from the perimeters of two wildfires that claimed hundreds of other houses in the past few months.

Every spot on Earth is temporary, but California is a special example. As permanence goes, California is a house of cards.

For example, take a look at some of the animations here, prepared by geologists at UCSB. Watch as a sheet of crust the size of a continent gets shoved under the western edge of North America. Debris that piled up in the trench where that happened is what we now call the Bay Area. Submerged crust that melted, rose and hardened under North America — and was just recently exposed — we now call the Sierras. Take a look at the last 20 million years of Southern California history. It’s a wreck that’s still going on. One section of that wreck is a bend along the boundary between plates of crust. Mountains pile up along that bend, like snow in front of a plow. The biggest of these ranges we call the San Gabriels. Those are on fire right now. Add up all the Southern California wildfires over the last twenty years and you’ll get a territory exceeding that of several smaller states.

My point is perspective. The human one is so brief that it can hardly take in the full scope of What’s Going On, or what our lives contribute to it. In a geological context, what we contribute are carbon and fossils. We do that by dying. Other planets have geologies as well, but none have marble, limestone, coal or oil. Those are all produced by dead plants and animals. It would be hard to make heat on Mars because — as far as we know — there is no dead stuff to burn.

Humans love to make structures and produce heat, which means we have an unusually strong appetite for dead stuff. Even cement and steel require dead stuff in their making.

If you fly a lot, as I do, you start to notice black lines on the landscape. These are coal trains that move like ant trails from mines in the West to power plants all over the country. The largest of these mines are in Wyoming, more than 50% of which has coal to burn. This coal consists of dead stuff that has been buried for dozens of millions of years, and took at least as long to form. In Uncommon Carriers, John McPhee says the largest power plant in Georgia, Plant Sherer, “burns nearly thirteen hundred coal trains a year—two thousand miles of coal cars, twelve million tons of the bedrock of Wyoming.”

Nothing wrong with that, of course, unless you’re not human.

From any scope wider than our own, we are a pestilential species. Since the human diaspora began spreading out of Africa only a few thousand generations ago, we have chewed our way through land and species at a rate without equal in the history of the Earth, which began 4.567 billion years ago, or more than a third of the way back to the start of the Universe. We are distinguished by our intelligence, our powers of speech and expression, our ability to use tools and to build things, our ability to learn and teach, and our diversity (no two of us, even twins, are exactly alike). There are 6.781 billion of us now. Few of us will live more than a hundred years, and fewer still will have more than a few decades to contribute more than carbon to the world.

Among the many recent developments in civilization, two stand out. One is a widespread realization that the effects of human activity on the planet are non-trivial. The other is a growing ability to connect with each other and communicate over any distance at very little cost. What will we do with this knowledge, and the ability to share it? Will we follow the model of civilizations that waste the places where they live? Or will we prove to be creatures who can change their nature and stop doing that?

The former is the way to bet. The latter is the way to go.

Bonus read: John McPhee’s The Control of Nature. A third of it is called “Los Angeles vs. The San Gabriel Mountains.” While it is mostly about “debris flows” — slow motion landslides — that happen during winter rains, the important part for today’s discussion involves a primary condition for those flows: mountain slopes denuded of vegetation by fires. This means you can count on many mudslides this coming winter.

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A couple days ago I responded to a posting on an email list. What I wrote struck a few chords, so I thought I’d repeat it here, with just a few edits, and then add a few additional thoughts as well. Here goes.

Reading _____’s references to ancient electrical power science brings to mind my own technical background, most of which is now also antique. Yet that background still informs of my understanding of the world, and my curiosities about What’s Going On Now, and What We Can Do Next. In fact I suspect that it is because I know so much about old technology that I am bullish about framing What We Can Do Next on both solid modern science and maximal liberation from technically obsolete legal and technical frameworks — even though I struggle as hard as the next geek to escape those.

(Autobiographical digression begins here. If you’re not into geeky stuff, skip.)

As a kid growing up in the 1950s and early ’60s I was obsessed with electricity and radio. I studied electronics and RF transmission and reception, was a ham radio operator, and put an inordinate amount of time into studying how antennas worked and electromagnetic waves propagated. From my home in New Jersey’s blue collar suburbs, I would ride my bike down to visit the transmitters of New York AM stations in the stinky tidewaters flanking the Turnpike, Routes 46 and 17, Paterson Plank Road and the Belleville Pike. (Nobody called them “Meadowlands” until many acres of them were paved in the ’70s to support a sports complex by that name.) I loved hanging with the old guys who manned those transmitters, and who were glad to take me out on the gangways to show how readings were made, how phasing worked (sinusoidal synchronization again), how a night transmitter had to address a dummy load before somebody manually switched from day to night power levels and directional arrays. After I learned to drive, my idea of a fun trip was to visit FM and TV transmitters on the tops of buildings and mountains. (Hell, I still do that.) Thus I came to understand skywaves and groundwaves, soil and salt water conductivity, ground systems, directional arrays and the inverse square law, all in the context of practical applications that required no shortage of engineering vernacular and black art.

I also obsessed on the reception end. In spite of living within sight of nearly every New York AM transmitter (WABC’s tower was close that we could hear its audio in our kitchen toaster), I logged more than 800 AM stations on my 40s-vintage Hammarlund HQ-129x receiver, which is still in storage at my sister’s place. That’s about 8 stations per channel. I came to understand how two-hop skywave reflection off the E layer of the ionosphere favored flat land or open water midway between transmission and reception points . This, I figured, is why I got KSL from Salt Lake City so well, but WOAI from San Antonio hardly at all. (Both were “clear channel” stations in the literal sense — nothing else in North America was on their channels at night, when the ionosphere becomes reflective of signals on the AM band.) Midpoint for the latter lay within the topographical corrugations of the southern Apalachians. Many years later I found this theory supported by listening in Hawaii to AM stations from Western North America, on an ordinary car radio. I’m still not sure why I found those skywave signals fading and distorting (from multiple reflections in the very uneven ionosphere) far less than those over land. I am sure, however, that most of this hardly matters at all to current RF and digital communication science. After I moved to North Carolina, I used Sporadic E reflections to log more than 1200 FM stations, mostly from 800 to 1200 miles away, plus nearly every Channel 3 and 6 (locally, 2,4 and 5 were occupied) in that same range. All those TV signals are now off the air. (Low-band VHF TV — channels 2 to 6 — are not used for digital signals in the U.S.) My knowledge of this old stuff is now mostly of nostalgia value; but seeking it has left me with a continuing curiosity about the physical world and our infrastructural additions to it. This is why much of what looks like photography is actually research. For example, this and this. What you’re looking at there are pictures taken in service to geology and archaeology.

(End of autobiographical digression.)

Speaking of which, I am also busy lately studying the history of copyright, royalties and the music business — mostly so ProjectVRM can avoid banging into any of those. This research amounts to legal and regulatory archaeology. Three preliminary findings stand out, and I would like to share them.

First, regulatory capture is real, and nearly impossible to escape. The best you can do is keep it from spreading. Most regulations protect last week from yesterday, and are driven by the last century’s leading industries. Little if any regulatory lawmaking by established industries — especially if they feel their revenue bases threatened, clears room for future development. Rather, it prevents future development, even for the threatened parties who might need it most. Thus the bulk of conversation and debate, even among the most progressive and original participants, takes place within the bounds of still-captive markets. This is why it is nearly impossible to talk about Net-supportive infrastructure development without employing the conceptual scaffolding of telecom and cablecom. We can rationalize this, for example, by saying that demand for telephone and cable (or satellite TV) services is real and persists, but the deeper and more important fact is that it is very difficult for any of us to exit the framing of those businesses and still make sense.

Second, infrastructure is plastic. The term “infrastructure” suggests physicality of the sturdiest kind, but in fact all of it is doomed to alteration, obsolescence and replacement. Some of it (Roman roads, for example) may last for centuries, but most of it is obsolete in a matter of decades, if not sooner. Consider over-the-air (OTA) TV. It is already a fossil. Numbered channels persist as station brands; but today very few of those stations transmit on their branded analog channels, and most of them are viewed over cable or satellite connections anyway. There are no reasons other than legacy regulatory ones to maintain the fiction that TV station locality is a matter of transmitter siting and signal range. Viewing of OTA TV signals is headed fast toward zero. It doesn’t help that digital signals play hard-to-get, and that the gear required for getting it sucks rocks. Nor does it help that cable and satellite providers that have gone out of their way to exclude OTA receiving circuitry from their latest gear, mostly force subscribing to channels that used to be free. As a result ABC, NBC, CBS, Fox and PBS are now a premium pay TV package. (For an example of how screwed this is, see here.) Among the biggest fossils are thousands of TV towers, some more than 2000 feet high, maintained to continue reifying the concept of “coverage,” and to legitimize “must carry” rules for cable. After live audio stream playing on mobile devices becomes cheap and easy, watch AM and FM radio transmission fossilize in exactly the same ways. (By the way, if you want to do something green and good for the environment, lobby for taking down some of these towers, which are expensive to maintain and hazards to anything that flies. Start with this list here. Note the “UHF/VHF transmission” column. Nearly all these towers were built for analog transmission and many are already abandoned. This one, for example.)

Third, “infrastructure” is a relatively new term and vaguely understood outside arcane uses within various industries. It drifted from military to everyday use in the 1970s, and is still not a field in itself. Try looking for an authoritative reference book on the general subject of infrastructure. There isn’t one. Yet digital technology requires that we challenge the physical anchoring of infrastructure as a concept. Are bits infrastructural? How about the means for arranging and moving them? The Internet (the most widespread means for moving bits) is defined fundamentally by its suite of protocols, not by the physical media over which data travels, even though there are capacity and performance dependencies on the latter. Again, we are in captured territory here. Only in conceptual jails can we sensibly debate whether something is an “information service” or a “telecommunication service”. And yet most of us who care about the internet and infrasructure do exactly that.

That last one is big. Maybe too big. I’ve written often about how hard it is to frame our understanding of the Net. Now I’m beginning to think we should admit that the Internet itself, as concept, is too limiting, and not much less antique than telecom or “power grid”.

“The Internet” is not a thing. It’s a finger pointing in the direction of a thing that isn’t. It is the name we give to the sense of place we get when we go “on” a mesh of unseen connections to interact with other entitites. Even the term “cloud“, labeling a utility data service, betrays the vagueness of our regard toward The Net.

I’ve been on the phone a lot lately with Erik Cecil, a veteran telecom attorney who has been thinking out loud about how networks are something other than the physical paths we reduce them to. He regards network mostly in its verb form: as what we do with our freedom — to enhance our intelligence, our wealth, our productivity, and the rest of what we do as contributors to civilization. To network we need technologies that enable what we do in maximal ways.  This, he says, requires that we re-think all our public utilities — energy, water, communications, transportation, military/security and law, to name a few — within the context of networking as something we do rather than something we have. (Think also of Jonathan Zittrain’s elevation of generativity as a supportive quality of open technology and standards. As verbs here, network and generate might not be too far apart.)

The social production side of this is well covered in Yochai Benkler‘s The Wealth of Networks, but the full challenge of what Erik talks about is to re-think all infrastructure outside all old boxes, including the one we call The Internet.

As we do that, it is essential that we look to employ the innovative capacities of businesses old and new. This is a hat tip in the general direction of ISPs, and to the concerns often expressed by Richard Bennett and Brett Glass: that new Internet regulation may already be antique and unnecessary, and that small ISPs (a WISP in Brett’s case) should be the best connections of high-minded thinkers like yours truly (and others named above) to the real world where rubber meets road.

There is a bigger picture here. We can’t have only some of us painting it.

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The best insights compound the obvious. They make so much sense that you struggle to comprehend their many implications. Such is the case with the first line, and then the first paragraph, of Kevin Kelly‘s Better than Free:

The internet is a copy machine. At its most foundational level, it copies every action, every character, every thought we make while we ride upon it. In order to send a message from one corner of the internet to another, the protocols of communication demand that the whole message be copied along the way several times. IT companies make a lot of money selling equipment that facilitates this ceaseless copying. Every bit of data ever produced on any computer is copied somewhere. The digital economy is thus run on a river of copies. Unlike the mass-produced reproductions of the machine age, these copies are not just cheap, they are free.

Consider the implication of this for the concept of copyright, then ponder the pile of law that first defined it in 1790 (in the U.S.) and has expanded on it ever since.

I won’t offer an opinion about that here, but instead turn our floor over to a pair of brilliant opponents on the subject: William F. Patry and Ben Sheffner. Bill is the author of Moral Panics and the Copyright Wars and a blog by the same name, subtitled “A blog about copyright discourse”—and a copyright attorney in the employ of Google (though he is careful to add, everywhere it makes sense, that “This is a personal blog, not a Google blog”.) Ben is a “copyright/First Amendment/media/entertainment attorney and former journalist” with a long list of credentials in the sidebar of his Copyrights & Campaigns blog, subtitled “Ben Sheffner’s notes on copyright, First Amendment, media, and entertainment law, and political campaigns”. Bill and Ben have been enjoying a very civil and illuminating debate, which Bill outlines this way:

Given the reverse-chronological nature (or LIFD–Last In, First Dug) nature of both blog publishing and geology, the first post is the bottom one on that list. Start there and work upward. I guarantee you will be smarter by the time you get to the top, and hungry for more.

As a pair of bonus links, I’ll point to Edward Samuels’ The Illustrated Story of Copyright, and Michele Boldrin and David K. Levine‘s Against Intellectual Monopoly. I’ve read the first, but not the second. Basically I’m just sharing my reading list here. Again, no opinions. Yet.

Oh, one more recommendation: Adam Gopnik’s Angels and Ages: A Short Book About Darwin, Lincoln, and Modern Life. Among many of its quotable nuggets is this one: “Law is the practice of rules in a context of deals, and Lincoln believed in both.” Keep that in mind when reading all the above.

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If Twitter does everything Dave says they should do, they’d make a helpful move toward bingo on Joe Andrieu’s checklist of user-driven services. Here’s the list:

  1. Impulse from the User
  2. Control
  3. Transparency
  4. Data Portability
  5. Service Endpoint Portability
  6. Self Hosting
  7. User Generativity
  8. Improvability
  9. Self-managed Identity
  10. Duty of Care

See how you’d score ’em.

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