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Let Parent's Decide: What a Concept!

Facebook founder Mark Zuckerberg wants to lift the minimum age restriction for social networking, which Facebook's terms of service, in line with the Children's Online Privacy Protection Act, currently sets at 13.

The immediate reaction in Congress, of course, was outrage followed by an interrogatory letter to Zuckerberg from Reps. Ed Markey and Joe Barton, Washington's self-appointed bi-partisan tag team for online in loco parentis (just Google "Barton Markey Internet"), demanding he explain himself.

But given the growth of social media, the time is ripe to revisit these age restrictions, and even to ask whether they are working at all. Research indicates that there are 7.5 million Facebook users under 13, most of whom are there with their parents knowledge and/or assistance. This itself begs the question as to how effective COPPA's age restrictions are.

Last year, a team lead by danah boyd, senior researcher at Microsoft and a research assistant director in the Media, Culture and Communication Department at New York University New York University, found that:

  • 55 percent of parents of 12-year-olds know their children have Facebook accounts, with 82 percent of those knowing when their kids signed up, and 76 percent assisting them in the process.
  • 36 percent of all parents surveyed (1,007 U.S. parents with children 10 to 14 living with them, from July 5 through 14) said their kids joined Facebook before turning 13, and 68 percent of those also helped their children create their accounts on the social network.
  • 53 percent of parents think Facebook has a minimum age requirement, while 35 percent believe it is only a recommendation.
  • 78 percent think violating the minimum-age limits for online services is acceptable.

(H/T to David Cohen at AllFacebook.com for bullet points)

This last point is telling. Given the unenforceable age rule, many kids' first lesson about the Internet is that rules and regulations can be safely flouted with a wink from Mom or Dad. This is not the best grounding for dealing with weightier ethical questions about online behavior that will pop up down the line--from cyberbullying to Internet piracy. Unfortunately, the government loves setting arbitrary age points--for drinking, driving, voting, marriage and Facebook membership--when in nature, maturity is not neatly so age-specific. But in light of the pervasiveness of online media at this point in time, age 13 may be too old for children to be officially introduced to the mechanisms of social networking. Certainly many parents think so. I'll only say in response to concerns about privacy and information collection, it's no secret how social media sites work. Parents have all they need to make an informed decision about the degree their kids use social media--and ultimately have the most influence and control.

Reasonable parents may disagree, and what might be suitable for your 11- or 12-year old may not be suitable for mine. The difference is that Facebook is willing to respect your position as a parent, while the government is not.

 

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Freedom of Speech on the Internet is the 'Paramount Concern'

More thoughts on the unintentional consequences of the SOPA and PIPA, and the significance of their defeat, from former Sen. Ted Kaufman. Full version at the The Cagle Post.

Initially, concern about Internet counterfeiting and piracy looked like just another battle about money, with Hollywood studios, the recording industry, and book publishers on one side and Google, Facebook, and most of Silicon Valley on the other. This kind of thing happens all the time, not just in Washington but in state capitols and local councils. The moneyed interests line up on both sides, and employ well-paid advocates to argue their cases. Buckets of money go to the winners, but seldom do average people who will be affected by the results get a chance to exert much influence....

What became evident was that this was not just a battle over money. It was most profoundly about freedom of speech.

It has always amazed me how we Americans take freedom of speech for granted. I spent thirteen years on the Broadcasting Board of Governors, appointed by Presidents Clinton and Bush, The Board oversees all non-military U.S. government broadcasting abroad, including the Voice of America.

I saw time and again how governments around the world frustrate freedom of speech and freedom of the press. There are still countries that throw dissidents in jail and close media outlets. But more often, governments use more nuanced methods.

They enact laws to define who can be a journalist and what constitutes libel, and control what is permitted on the Internet.

The existing SOPA and PIPA bills would have made it easy for businesses to limit speech with no prior notice or judicial hearing. They could have shut down websites by filing a notice alleging the site was "dedicated to the theft of U.S. property." Perhaps some web pages should be closed, but this is a very slippery slope. Maintaining real freedom of speech on the Internet must be our paramount concern.

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Is the Cost of Internet Piracy Overhyped?

"Any other musicians notice that ever since they shut down MegaUpload, the money has just been POURING in?"

So tweeted independent songwriter and recording artist Jonathan Coulton yesterday, in what might be the most succinct challenge to the federal government's claim that Megaupload.com, the file sharing service facing federal charges of intentionally pirating content, has cost singers, actors, writers and producers $500 million in lost revenues and royalties.

Coulton's comment, which was followed by a more in-depth blog, both spotlighted at TechDirt, contributed to the ongoing debate over the accuracy of the half-billion-dollar number. In addition to the due process concerns raised by the government's abrupt shutdown of the Megaupload site, more and more commentators are challenging industry assertions about the amount of losses piracy creates. Actor Wil Wheaton, for example, said Hollywood loses more money through "creative accounting" than it does through piracy.

Coulton himself, who does not have a label but sells recordings via the Web, believes the cost of piracy is overstated:

Is it really as dire as all that? It's an emergency is it? Tim (O'Reilly) points out that he and a lot of other content creators have been happily coexisting with piracy all this time, and I'm certainly one of them. Make good stuff, then make it easy for people to buy it. There's your anti-piracy plan [emphasis Coulton's]. The big content companies are TERRIBLE at doing both of these things, so it's no wonder they're not doing so well in the current environment. And right now everyone's fighting to control distribution channels, which is why I can't watch Star Wars on Netflix or iTunes. It's fine if you want to have that fight, but don't yell and scream about how you're losing business to piracy when your stuff isn't even available in the box I have on top of my TV. A lot of us have figured out how to do this.

So if you can stand me sounding a little crazy, listen: where is the proof that piracy causes economic harm to anyone? Looking at the music business, yes profits have gone down ever since Napster, but has anyone effectively demonstrated the causal link between that and piracy? There are many alternate theories (people buying songs and not whole albums, music sucking more, niches and indie acts becoming more viable, etc.). The Swiss government did a study and determined that unauthorized downloading (which 1/3 of their citizens do) does not create any loss in revenue for the entertainment industry.

Elsewhere, the Cato Institute's Julian Sanchez also questions whether the true economic cost of piracy warrants such an overbearing legislative response.

...I remain a bit amazed that it’s become an indisputable premise in Washington that there’s an enormous piracy problem, that it’s having a devastating  impact on U.S. content industries, and that some kind of aggressive new legislation is needed tout suite to stanch the bleeding. Despite the fact that the Government Accountability Office recently concluded that it is “difficult, if not impossible, to quantify the net effect of counterfeiting and piracy on the economy as a whole,” our legislative class has somehow determined that—among all the dire challenges now facing the United States—this is an urgent priority. Obviously, there’s quite a lot of copyrighted material circulating on the Internet without authorization, and other things equal, one would like to see less of it. But does the best available evidence show that this is inflicting such catastrophic economic harm—that it is depressing so much output, and destroying so many jobs—that Congress has no option but to Do Something immediately? Bearing the GAO’s warning in mind, the data we do have doesn’t remotely seem to justify the DEFCON One rhetoric that now appears to be obligatory on the Hill.

No one is saying copyright and intellectual property shouldn't be protected. However, a time out may be in order. The two bills designed to combat Internet piracy, Protect Intellectual Property Online Act (PIPA) and the Stop Online Piracy Act (SOPA) are sweeping and may constitute the use of a bazooka to kill if not a fly, maybe a very large cockroach. 

 

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The Internet On Strike

In protest of the Congressional consideration of SOPA, the Stop Online Piracy Act, hundreds of websites (if not more) are "blacking out" today. Some of the biggest websites to go on strike include Google, Wikipedia (English), Reddit, Mozilla/Firefox, and Wordpress. The blackout will last for 24 hours on January 18 for most websites, so I've included screen shots below in case you're reading this after the fact. (See a full list of sites on strike here.)

The protest has already done quite a bit to bring awareness to the danger that is the ideas contained in SOPA. Google's website "End Piracy, Not Liberty" has a great summarization PDF of issues int he debate. In short, the House and Senate are considering legislation that would give the federal government the power to take down any website it wants without notice if it determines that site contains copyrighted material. Among other things it can fine search engines, like Google and Bing, for including links to copyright violating material. 

The ideas in the legislation are a significant threat to free speech, would result in substantial censoring of legal material, and would alter the nature of the Internet as we know it. Some have said such overtures are extreme and that SOPA critics are taking the argument too far. While history would suggest that once the federal government gets its claws in something like this the end result is always vindication of the critics, there is a more concrete reason why claims this would alter the nature of the Internet are not overblown.

The foundation of the Internet is the freedom for an individual to seek out and find information/content and also to share information/content. Search engines are tools to do the searching, doors to the Internet. Web domains are the tools to do the sharing. By threatening to fine Google for other people violating copyright, this will necessary force Google to over compensate in restricting its search functions. The necessary result is the capacity for individuals to access content is restricted. 

Were this restriction to come from Google just shutting itself down because its staff wanted to all just take their money and become professional surfers, this would be disappointing but not unjust. We have no claim over the staff at Google and, other than contracts they've signed, they don't "owe" "us" the provision of their free services, as much as we've come to depend on them. But that is substantially different than the U.S. government forcibly stepping in and dictating terms to Google for how it can operate and necessitating it restrict access. 

Google shutting down would alter the nature of the Internet. Google getting restricted would alter the nature of the Internet. It is as simple as that.

Then there is the due process issue underlying all of this for the sharing aspect of the Internet. The original version of SOPA would allow websites to be taken down on the mere accusation of copyright violation. It would also assume guilt before innocence. So if I have a blog and someone goes into the comments on my blog and writes the words to a popular song they could be in violation of copyright. If I get 1,000 comments a day on my blog (dreaming, yes) it is highly possible I could miss the violation. SOPA would theoretically allow the government to just shut down my blog, take over the domain, and force me into a complicated appeals process to get the site access back. Due process would suggest a notification given and opportunity for the content to be removed. I didn't put it there, I can take it off without shuttering the whole site. Only persistent law breakers who ignore warnings should fear their domain being taken away, and even then the content should be targeted first and foremost. 

Amended versions of SOPA promise to only go onto blogs and remove the content, instead of taking down the whole site. But this "fix" would still involve the government intruding into private property without warrant and without notice. 

We should not forget that there really is a lot of copyright violation on the Internet. The problem that SOPA is trying to tackle is not fake. So the legislation can not be dismissed out of hand for lack of cause. It is more that SOPA is an unjust solution to the problem. Just as tearing the engine out of a car for speeding would be excessive response, so too is SOPA an excessive response. But the problem of pirated music and video content remains in the wake of SOPA. A possibly more just solution could be the ideas in the OPEN Act, alternative legislation that would still give the government power to restrict websites, but it would move the power to the Federal Trade Commission and remove the power of private copyright holders to demand instant removal of content without investigation.

See below for some video commentary on SOPA, particularly pointing out another metaphor to describe the nature of the problem: The Internet is a road. Google, Bing, etc. are the construction crew. Some people drive safely on the road, others speed. What the road is used for should not be blamed on search engines. You go after the speeders. Even if they are fast and hard to catch, the government can't just get lazy and force the construction crews to make the road more narrow. This makes it a challenge for legal drivers to use the road system just as much as the speeders. 

 

Strike Screen Shots

Mozilla/Firefox

Google

Reddit

Wikipedia

Wordpress


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Will the Web Make NC-17 Safe for Marketing?

One of the more critically praised films this year has been Shame, which has been in limited release around the country since December.  Although it’s an independent production, the film is being distributed by 20th Century Fox, a major studio, and stars Michael Fassbender, an actor who appears to be in the middle of his breakout moment.

The film is also rated NC-17.

Until recently, the Motion Picture Association of America’s NC-17 rating, which restricts admission to theatergoers 18 and older, was the box office kiss of death. Not only did NC-17 carry the notoriety of its predecessor, the X rating, it seriously hampered a film’s marketing. Boys Don’t Cry, The Cooler and Clerks are among the well-known examples of acclaimed films that were cut to win the more commercially acceptable R rating, in spite of protest from their filmmakers and actors that the cuts diminished the power and the point of the scenes in question.

But most newspapers and local TV stations won’t carry ads for NC-17 movies. Some theater chains, such as Cinemark, won't exhibit them. Major retailers like Wal-Mart nor video rental chains like Blockbuster won’t stock NC-17-rated DVDs.

In Hollywood, art and commerce have always been in tense balance. That balance may shifting as the Web becomes a larger factor in advertising. For example, a newspaper’s policy against advertising NC-17 movies is meaningless if a theater chain no longer uses newspaper advertising at all. AMC, the second biggest chain in the country, has been cutting back on print advertising since 2009. Last June, the company documented its shift from print to Web in a quarterly filing with the SEC. Regal Entertainment Group, another chain, reportedly is following suit.

Meanwhile, consumers are buying and renting fewer DVDs from brick-and-mortar outfits, choosing to buy or rent online or simply watch on demand. Netflix, for example, makes Lust, Caution, a 2007 NC-17 feature directed by Academy Award winner Ang Lee, available both by mail and streaming.  

Film promotion and advertising is a great example of the way the Web has become a significant marketing vehicle. Shame, albeit a grim, downbeat story of a sex addict and his troubled sister, not only opened to favorable reviews, it had one of the most impressive box office debuts for an NC-17 movie, averaging $36,118 per screen in a tight release in ten theaters in six cities the weekend of Dec. 2-4. By comparison, that weekend’s box office leader, Twilight Saga: Breaking Dawn Part 1, averaged just $4,087 per screen. The Muppets, second place in total gross, averaged $3,222.

Now in wider release, Shame has made $2 million as of Jan. 3, and currently ranks eighth among the 26 NC-17 films released since 1990.

As for Web-based marketing, Shame has its own site at FoxSearchlight.com. Shame has a fan page on Facebook. "Shame" delivers several movie-related links on the first page of a Google search, pretty impressive when you consider the title is a fairly common keyword (somewhere John Bradshaw’s eating his heart out).

You can find trailers for Shame at iTunes and Internet Movie Database (imdb.com), both mainstream sites for film previews. You don’t have to look too hard to find the “red band” trailer, which is played in theaters only in front of R-rated movies. Studios and exhibitors also can reach audiences through sites like Yahoo and Flixster, as well as through social networking, email and Twitter. These alternatives counter the limitations of advertising policies of old media.

They also decrease the clout of the MPAA Ratings Board, which has been accused of ratings bias against smaller, independent features aimed at adult audiences. Probably the best evidence of this is presented in the documentary This Film is Not Been Rated. Well aware that an NC-17 rating can kill a film at the box office, the ratings board has not been adverse to using it as a club to tone down films which its members subjectively find either morally or tastefully questionable.

While the shortcomings of the MPAA’s rating system have been discussed at length in many forums, I’ve always thought the most unfortunate aspect was that the MPAA never tried to counter the stigma of NC-17 as meaning “dirty movie.” Unlike the Electronic Software Association, which devised the MA rating for video games while successfully communicating that the market can—and should—accommodate products designed exclusively for adults, the MPAA never tried to engage the media outlets, retailers and video rental companies that openly equated NC-17 with porn.
 
That Web-based marketing can chip away at this perception will prove much better for audiences and filmmakers. Most NC-17 movies are not aimed at mainstream moviegoers anyway. If Shame continues to find its audience—and draws more attention in the form of several Academy Award nominations, which many critics believe it will—studios may be less inclined to make compromising cuts on the MPAA’s whim out of fear of losing box office revenues. And this means a little more weight on the “art” side of art-commerce balance.

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Local Government Meets the New Media

If you’ve been following Reason.com or Reason.tv for the past 48 hours you will know that Jim Epstein, a Reason TV reporter, was one of two journalists arrested Wednesday for videotaping a meeting of the Washington D.C. Taxi Commission.

Epstein and Pete Tucker, who blogs for TheFightBack.org, a site that spotlights local D.C. issues that affect minorities and low-income residents, were reporting from what was expected to be contentious meeting as the Taxi Commission was set to address a plan to introduce a medallion system for the District. The proposal had generated considerable opposition from the city’s large base of cab drivers, many of whom attended the meeting to voice their opposition. They essentially believe a medallion system will concentrate cab ownership among a handful of large fleet operators and likely result in the loss of their livelihood.

The arrests were regrettable all around. Epstein’s video, which shows Tucker, dressed neatly in a white shirt and tie, being handcuffed and led away, captures a deeply uncomfortable “it-can’t-happen-here” moment. Epstein was arrested next. Epstein’s video and statement can be found here.

Aside from the fact Epstein and Tucker were released a few hours later, the best thing that can be said is that the arrests were ordered by someone who can charitably be described as a low-level local government functionary, namely Dena Reed, interim chairman of the Taxi Commission. But that doesn’t excuse it. Reed emerges from this affair looking like a third-grade hall monitor who's allowed that modicum of authority to go to her head. 

What triggered Reed to have Epstein and Tucker arrested was Tucker’s request to place a microphone near her chair. It was clear from the beginning that Reed did not want the meeting videotaped, although any journalist—make that any individual—had every right to under open meeting laws. Furthermore, in this day and age of Internet-based news and blogging, video is a legitimate means of documentation. Reed may as well have had the reporters arrested for taking notes.

Reed cited a policy that allows Commission officials to ban taping at their discretion. Policies like this need to change. When daily newspapers are giving their reporters camcorders with an eye toward Web media, there is no line between print and electronic media. A policy that bars video recording amounts to direct interference with modern newsgathering. If local officials insist on banning video, more reporters are going to push the issue. Good for them, because these acts of civil disobedience end up embarrassing the government far more than the reporter.

And let’s not forget the Streisand Effect. Reed’s power play to shut out news coverage resulted in D.C. medallion issue receiving much more attention than it would have if she had allowed Epstein and Tucker to do their jobs unmolested. Instead, now on a national stage, she validated critics’ claims that the commission is arbitrary, unfair and incompetent.

It’s also worth noting that the incident comes just two weeks after the Federal Communications Commission, in its "Future of Media" report, said that local news media does not need a government lifeline. The matter has been raised in Congress and in some state legislatures who see local newspapers and TV stations facing declining readers, viewers and advertisers as more people turn to the Web for news. The FCC itself, in its National Broadband Plan, raised the idea of subsidizing local media via the Universal Service Fund. Yet, after examining the issue, noted the potential of the Web to pick up the slack. Others have noted that more specialized sites, like TheFightBack.org, would improve local news coverage by tailoring coverage to narrower interest groups broadcasters overlook. Case in point here. No local TV stations were at the Taxi Commission meeting, but TheFightBack.org and ReasonTV were. Moreover, Tucker and his site are not outliers. The cab drivers were aware of his coverage of the mediallian issue and showed their outrage by walking out the meeting after the arrest.

But the primary lesson here is for all those petty bureaucrats and officials who still think they have a say in who covers their little part of the political mechanism and how they do it: Video is a part of everyday news reporting. Deal with it.

 

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Google Deconstructed

I am eagerly awaiting my copy of Siva Vaidhyanathan’s new book, The Googlization of Everything (And Why Should Worry), from Amazon.com this weekend.

Vaidhyanathan, professor of media studies at the University of Virginia, brings a level of policy thinking I only wish was the mean in regulatory circles. From the first chapter of his book, and his conversation with Jerry Brito in the latest Surprisingly Free podcast (available free at the iTunes store), it’s clear that Vaidhyanathan is no libertarian. Although he says the government would be negligent if it did not at least consider creating some restraints on Google, his observations derive from a much greater understanding of the company that few in Congress, the FTC or the FCC seem to have. That doesn't make his conclusions any less debatable, but at least they elevate the discussion.

The way Vaidhyanathan lays out Google’s business may be the best aspect of his book—and certainly makes it worthwhile reading for anyone with an interest in Internet policymaking. Google’s goal, Vaidhyanathan explains, is nothing short of organizing and cataloguing the information available on the Internet, a task at which it has done phenomenally well.

Vaidhyanathan regards Google as “sui generis,” that is, in a class by itself. Despite the existence of would-be competitors such as Bing (a joint venture of Microsoft and Yahoo) and other lesser known search engines, and Google’s assertion that “competition is just a click away,” none of these competitors can duplicate the infrastructure (servers, bandwidth) advantages that Google has, infrastructure that allows it process and deliver search results as fast and accurately as it does. At the same time, though it is somewhat intangible, Google’s mindshare among users is a bankable, asset. The more people who use Google, the better it becomes at search. Switching to a competitor means a downgrade in quality and performance.

But for all of Google’s strength as a search engine, Vaidhyanathan, from the first paragraphs of his book, notes that Google’s primary business is not search, but advertising.

The primary reason anyone uses Google is to manage the torrent of information available on the World Wide Web. But as the most successful supplier of Web-based advertising, Google is now an advertising company first and foremost. Its search function is why we visit Google. Advertising is what keeps it going. However, there were search-engine companies before Google, and several competitors still do just as good a job linking people to information as Google does. And there were Web advertising companies before Google, just as there are now other firms, such as Facebook, that try to link a user's expressed interest in subjects to potential vendors of goods and services that reflect those tastes. But there has never been a company with explicit ambitions to connect individual minds with information on a global-in fact universal-scale. The scope of Google’s mission sets it apart from any company that has ever existed in any medium. This fact alone means we must take it seriously.

On the whole, Vaidhyanathan is correct. In the paragraphs that follow, he does a superb job of showing readers where Google fits in the Internet ecosystem—no easy task—and where its strengths and vulnerabilities lie.

Another thing I like is that he is as flummoxed as I am about the way Google, in large part, as succeeded in creating for itself a “good guy” image—an image that, at least until recently, has carried over into the political sphere--while other companies, just as big, especially the telephone and cable companies, are painted as “bad,” or at least more self-interested.

Vaidhyanathan cautions—again correctly—that Google, like any other publically-traded company, is accountable only to its shareowners.  But as one progresses through the first chapter of The Googlization of Everything, Vaidhyanathan strays closer and closer to arguing that Google needs to be regulated simply because it is too good at what it does. He freely admits that Google succeeded where many others failed--—Alta Vista, Lycos, Cuil, to name three. Further, he admits that Google’s success derived from its own organic ideas, strategies and approaches, not bare-knuckled abuse of power.

How has that worked out? As Vaidhyanathan himself writes:

"Through its power to determine which sites get noticed, and thus trafficked, Google has molded certain standards into the Web. Google has always tended to degrade the status of pornography sites in response to generic or confusing search terms, thus making it less likely that one will stumble on explicit images while rarely blocking access to such sites entirely. Google has ensured that the Web is a calmer, friendlier, less controversial and frightening medium-as long as one uses Google to navigate it

"Through its advertising auction program, Google favors and rewards firms that create sites that meet explicit quality standards set by Google, such as simple pages that load quickly, lack of flashy animation, and coherence in search terms that helps ensure users are not tricked into clicking on a pornography site when seeking travel advice. Google has limited access to sites that place malicious programs on users' computers. This fight against "malware" is one of the keys to keeping the Web worthy of users' trust and time. If too many sites infected users' computers with harmful software, people would gravitate away from the relatively free and open Web into restricted and protected domains, known as "walled gardens" or "gated communities," that seem less vulnerable to electronic pandemics. Google also, extremely rarely, directly censors search results when they are troublesome or politically controversial, or when the company determines that a firm or group is trying to rig the system to favor its site. When that happens, Google usually places some sort of explanation in the search results to explain and justify the policy."

To me, this sounds like the type of on-line environment that has been the goal of policymakers for the past decade. It has been the motivation behind network neutrality, COPA, COPPA, mandated content filtering and other such government initiatives that were far more intrusive and damaging to online freedom of speech and commerce. Google's a textbook example of how the market, using the principle of rational self-interest, can deliver a social good. Google’s business hinges on greater Internet use. Internet use will only increase if people are comfortable enough with the experience. So, because of Google, a search on “breast cancer” will yield a list of legitimate health and medical web sites (well beyond the first page, too), not porn links. Not perfect, perhaps, but it addresses the problem that both sides have with filtering: one, that good information would be blocked with the bad; the other, that kids would be unwittingly exposed to adult web sites.

Trouble is, in the very next paragraph, Vaidhyanathan dismisses this all as “a brilliant trick.” And here is where his arguments start to get troublesome. The very fact that Google is a commercial entity means that it can never be trusted to serve the public interest, says Vaidhyanathan. That its business activities currently track with a perceived public good can at best be seen as temporary. To Vaidhyanathan, Google is Anakin Skywalker, the powerful but conflicted Jedi Knight from the Star Wars prequels, for whom it took but a whisper from the evil emperor to fall to the dark side. 

Ultimately Vaidhyanathan begins to display the same thinking that drove network neutrality and still drives other calls for pre-emptive regulation of aggressively innovative companies like Google—that at some undetermined time--given an alignment of certain undetermined circumstances—Google could possibly end up in too powerful a position. As such, he falls behind the most disturbing shift in tech policy thinking in recent years—one that justifies sweeping regulation on a foggy scenario of potential harm rather than on the basis of actual, demonstrable harm.

To give the author some credit, he urges policymakers to go slow and calls the idea of search neutrality “absurd” (which hasn’t stopped yet another Congressional inquiry into Google’s search mechanisms). In the Surprisingly Free podcast, he talks about the idea of a “commission” that would investigate complaints about search engine policies, but only in general terms.

This is why I am looking forward to reading the rest of his book. I want to see exactly how far he goes in justifying his calls for search engine regulation and what those proposals might be. That the first chapter of The Googlization of Everything has yielded this lengthy a post speaks to the meat it offers. I hope to be back to blog more.

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All Obscenity Charges Against John Stagliano Thrown Out

John Stagliano, a good friend of Reason, a committed libertarian, and an award-winning adult filmmaker, was cleared Friday, July 16th in all charges of a federal obscenity prosecution that could have put him behind bars for 32 years. The judge dismissed the case out of hand after the prosecution failed to muster sufficient evidence. Reason spoke to Stagliano shortly after the judge's decision:


All of our past coverage of the case is here.

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Web Journalism Turns a Corner

Last Monday, ACORN threatened them with prosecution. On Wednesday, ACORN called them purveyors of racist propaganda. By Friday, after Congress cut off its funding and President Obama criticized the organization, ACORN’s national chairman declared she was “outraged” and promised an internal investigation into behavior that two twentysomething free-lance reporters had exposed with only the help of a start-up Website, a video camera and their own initiative.

No matter where you stand politically, the journalistic coup James O’Keefe and Hannah Giles scored last week marks a watershed moment in the shift of enterprised, investigative reporting from Big Media to the Internet. While O’Keefe and Giles ultimately did get support from Andrew Breitbart and Fox News, much of it came after they had collected and posted their explosive footage on YouTube showing ACORN employees in at least four cities enthusiastically advising them on how to conceal human trafficking and child prostitution.

When you report news on which the President feels compelled to comment, and launches Congress into action, it becomes much more difficult to be categorized as amateur, illegitimate or second-tier, a viewpoint some legislators and courts take toward Websites, blogs and the individuals who write for them. ACORN was no small player. It enjoyed significant ties with Washington lawmakers was in-line to receive $8.5 billion in stimulus money. Now it's reeling from a body blow that came from a completely unexpected source. They say one job of a free press is to afflict the comfortable. That’s certainly what happened here.

So, off the bat, the case for extending the shield laws and other legal safeguards that protect conventional print reporters and their sources to Web-based journalists just got stronger by several magnitudes. It’s going to get a lot harder for judges to jail bloggers who refuse to reveal sources and corporations to bring charges of “trade secret theft” against sue Web sites who break product news in advance of the PR handout. This, in itself, will be a welcome result.

But there is far more significance, too. The year began with debate in Congress on whether to extend bailout money to the major media companies, especially the large newspaper publishers who have over the past ten years have been steadily losing revenues and readers to the Web. The argument in favor of such bailouts was that a democracy needs a functioning free press to survive (although exactly how free a media industry could be when beholden to government is questionable).

But the argument assumes that only large publishers and networks have the resources to initiate and conduct aggressive investigative reporting. While that’s never been true (witness the number of Pulitzer Prizes that have gone to small newspapers over the years), the way the ACORN story broke drives it home.

While progressives may be dismayed that ACORN was the target, my hope is that they can see past the politics and acknowledge that what O’Keefe and Giles accomplished was a sterling example of the how the Internet decentralizes power.  The Right has no monopoly on this. There’s nothing stopping anyone with the initiative and the passion to do something similar. You don’t need the infrastructure of a network or newspaper chain behind you.

In fact, these days with shrinking budgets and newsroom staffs, size may be a detriment  to action. The unstated fact is this: for years there were enough questions surrounding ACORN’s practices and processes that any sustained inquiry was bound to uncover a big story, let alone the scandal that emerged. The New York Times, when it got around to catching up with the story last Wednesday, angled it a right wing hit job, but I’ll bet that there are plenty of reporters and editors there and at the other major dailies kicking themselves because they know they got scooped so badly.

And furthermore, this was accomplished without special regulations like network neutrality. Proponents fear that without neutrality rules, independent, non-mainstream voices would be drowned out by Big Media. Who's got the loud voice now?

My hope is that policymakers see this for what it is: a major step in the maturation of new media. While the Right might be driving the maturation for now, I urge principled liberals to step back before joining a likely call for a government regulatory role in the Internet. ACORN was a major takedown, but it still has friends in high places. And I am concerned when I see current Democrat leaders such as Nancy Pelosi and Harry Reid blaming conservative bloggers and Web sites for the growing popular opposition to their agenda. If the Democrat leadership falls short of its key goals—single-payer health care, cap-and-trade and greater wealth redistribution—they could decide punish opponents through a new fairness doctrine both for broadcast and Web sites, net neutrality (which actually would favor the big companies that consume most of the bandwidth) and newspaper bailouts, especially those who whose editorial slant matches their own.

That would be unfortunate for everyone who values free expression. Ruling political parties have a way of changing. I no more want left-wing liberals nor right-wing conservatives adjudicating the media business in this country. The mainstream media may have left a vacuum for investigative reporting, but it looks like the Web is stepping up to fill it. We all knew the Web was going to be transformative. Let’s all remember that, step back and allow it to work.

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Got a blog? Here come the Feds!

The Federal Trade Commission is considering rules that would require bloggers to disclose any remuneration they may have received from companies they cover. This would include advertising or any commissions from clickthroughs (although this would be fairly obvious).

In doing so, the FTC is mandating for policies and rules for online publishers that are purely voluntary (if customary) in the print media. This is not governments role. Plus given the millions of blogs out there today, consistent enforcement of such rules would be impossible. To many individuals who are trying to make a go at the new, low cost business models blogging presents, this represents a business-killer.

Here's an excerpt from a Web commentary posted earlier Monday.

In a story about the looming FTC plan, the Associated Press featured Rebecca Empey, a New Hartford, N.Y., housewife who makes $800 a month from five blogs. Empey has received a bird feeder, toys, books and other free goods from advertisers—gifts she disclosed to her readers. Now she worries that even a casual mention of an all-natural cold remedy she bought herself could trigger an FTC probe. “Will I be sued because I didn't hire a scientist to do research?” Empey asked.

The ethical thing for bloggers is to disclose what compensation or sponsorship agreements they have—and many already do. Even if they don’t, it’s not the government’s job to make ethical decisions for bloggers. Remember that blogs, like their print counterparts, succeed or fail based on the quality of their content. A blogger who gets the reputation as a shill will see a falloff in credibility and visits. An honest writer, on the contrary, will draw more readers and offer advertisers a better value proposition. The audience can determine the trustworthiness of sources without the government’s help.

The full commentary can be found here.

 

 

 

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