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meerkatLook where Meerkat andperiscopeapp Periscope point. I mean, historically. They vector toward a future where anybody anywhere can send live video out to the glowing rectangles of the world.

If you’ve looked at the output of either, several things become clear about their inevitable evolutionary path:

  1. Mobile phone/data systems will get their gears stripped, in both directions. And it will get worse before it gets better.
  2. Stereo sound recording is coming. Binaural recording too. Next…
  3. 3D. Mobile devices in a generation or two will include two microphones and two cameras pointed toward the subject being broadcast. Next…
  4. VR, or virtual reality.

Since walking around like a dork holding a mobile in front of you shouldn’t be the only way to produce these videos, glasses like these are inevitable:


(That’s a placeholder design in the public domain, so it has no IP drag, other than whatever submarine patents already exist, and I am sure there are some.)

Now pause to dig Facebook’s 10-year plan to build The Matrix. How long before Facebook buys Meerkat and builds it into Occulus Rift? Or buys Twitter, just to get Periscope and do the same?

Whatever else happens, the rights clearing question gets very personal. Do you want to be recorded by others and broadcast to the world or not? What are the social and device protocols for that? (Some are designed into the glasses above. Hope they help.)

We should start zero-basing some answers today, while the inevitable is in sight but isn’t here yet.

It should help to remember that all copyright laws were created in times when digital life was unimaginable (e.g. Stature of Anne, ASCAP), barely known (Act of 1976), or highly feared (WIPO, CTEA, DMCA).

How would we write new laws for the new video age that has barely started? Or why start with laws at all? (Remember that nearly all regulation protects yesterday from last Thursday — and are often written by know-nothings.)

We’ve only been living the networked life since graphical browsers and ISPs arrived in the mid-90’s. Meanwhile we’ve had thousands of years to develop civilization in the physical world.

Relatively speaking, digital networked life is Eden, which also didn’t come with privacy. That’s why we made clothing and shelter, and eventually put both on hooves and wheels.

How will we create the digital equivalents of the privacy technologies we call clothing, shelter, buttons, zippers, doors, windows, shades, blinds and curtains? Are the first answers technical or policy ones? Or both? (I favor the technical, fwiw. Code is Law and all that.)

Protecting the need for artists to make money is part of the picture. But it’s not the only part. And laws are only one way to protect artists, or anybody.

Manners come first, and we don’t have those yet. Meaning we also lack civilization, which is built on, and with, manners of many kinds. Think about much manners are lacking in the digital world. So far.

None of the big companies that dominate our digital lives have fully thought out how to protect anybody’s privacy. Those that come closest are ones we pay directly, and are therefore accountable to us (to a degree). Apple and Microsoft, for example, are doing more and more to isolate personal data to spaces the individual controls and the company can’t see — and to keep personal data away from the advertising business that sustains Google and Facebook, which both seem to regard personal privacy as a bug in civilization, rather than a feature of it. Note that we also pay those two companies nothing for their services. (We are mere consumers, whose lives are sold to the company’s actual customers, which are advertisers.)

Bottom line: the legal slate is covered in chalk, but the technical one is close to clean. What do we want to write there?

Start here: privacy is personal. We need to be able to signal our intentions about privacy — both as people doing the shooting, and the people being shot. A red light on a phone indicating recording status (as we have on video cameras) is one good step for video producers. On the other side of the camera, we need to signal what’s okay and what’s not. Clothing does that to some degree. So do doors, and shades and shutters on windows. We need the equivalent in our shared networked space. The faster and better we do that, the better we’ll be able to make good TV.

doc036dLike the universe, the Internet is one thing. It is a World of Ends, comprised of everything it connects.

By nature it is as neutral as gravity. It favors nothing and is not partial to anything. Yes, there are exceptions to that rule, in the way Net access is provisioned, for example; but the basic nature of the Net — as a free, open and neutral shared space — is by now obvious to pretty much everybody who doesn’t have an interest in making it less.

Internet.org calls itself “a Facebook-led initiative bringing together technology leaders, non-profits and local communities to connect the two thirds of the world that doesn’t have Internet access.” But what it offers is not the Internet, but a sphinctered fraction of it: Facebook plus a few chosen others.

This is pure misdirection: a private fraction masked as a public whole. And it’s not fooling anybody. Especially India. See here, here, here, here, here, here — and every other place you’ll find piles of stories about it. (Start with the Critique section of the Wikipedia article on Internet.org, and a search for India+Facebook+Internet.org.)

India is rejecting Internet.org for one simple reason: They know sphincternet ≠ Internet, and that the sphinctered Net is not Neutral, meaning not the real thing.

Naturally, Mark Zuckerberg disagrees, and explains how in this post on the matter, which went up yesterday, and I’ll respond to, piece by piece:

Over the past week in India, there has been a lot written about Internet.org and net neutrality. I’d like to share my position on these topics here for everyone to see.

First, I’ll share a quick story. Last year I visited Chandauli, a small village in northern India that had just been connected to the internet.

In a classroom in the village, I had the chance to talk to a group of students who were learning to use the internet. It was an incredible experience to think that right there in that room might be a student with a big idea that could change the world — and now they could actually make that happen through the internet.

Those students should know the whole Net. Not just a subset of it.

The internet is one of the most powerful tools for economic and social progress. It gives people access to jobs, knowledge and opportunities. It gives voice to the voiceless in our society, and it connects people with vital resources for health and education.

I believe everyone in the world deserves access to these opportunities.

Fine. Then either give them the whole thing, or call what you give them something else that’s clearly less: Facebook+, perhaps.

In many countries, however, there are big social and economic obstacles to connectivity. The internet isn’t affordable to everyone, and in many places awareness of its value remains low. Women and the poor are most likely to be excluded and further disempowered by lack of connectivity.

The Internet itself has no cost: on purpose. At its base is a protocol that nobody owns, everybody can use, and anybody can improve. (Not that anybody has yet — or ever will.) That’s one of the features of its inherent neutrality.

Yes, there are first-time and maintenance costs for the wires and waves that carry its bits. But, as Steve Kamman explains, “Bandwidth is dirt cheap. And bog-standard… This isn’t like electricity. There’s no power plant on the other end burning fuel to deliver those bits. Bits are nearly weightless and cost accordingly.”

Steve’s case is for where the Net ends up, everywhere: the effect implicit in its cause. Think about how to make that happen. Trust me: it’ll be good for Facebook too.

This is why we created Internet.org, our effort to connect the whole world. By partnering with mobile operators and governments in different countries, Internet.org offers free access in local languages to basic internet services in areas like jobs, health, education and messaging. Internet.org lowers the cost of accessing the internet and raises the awareness of the internet’s value. It helps include everyone in the world’s opportunities.

But it’s not the whole Internet. It’s what you and your partners, in an exclusive and non-neutral way, have decided to provide.

We’ve made some great progress, and already more than 800 million people in 9 countries can now access free basic services through Internet.org. In India, we’ve already rolled out free basic services on the Reliance network to millions of people in Tamil Nadu, Maharashtra, Andhra Pradesh, Gujarat, Kerala and Telangana. And we just launched in Indonesia on the Indosat network today.

We’re proud of this progress. But some people have criticized the concept of zero-rating that allows Internet.org to deliver free basic internet services, saying that offering some services for free goes against the spirit of net neutrality. I strongly disagree with this.

Zero-rating, or “toll-free data,” means not charging for some stuff on the Net, while charging the same fees for the rest. Simply put, it’s a form of price discrimination. Here’s what Wikipedia says about its reception and impact :

Zero-rating certain services, fast lanes and sponsored data clearly have their benefits for users of the subsidized services, but have also been criticised as anti-competitive and limiting open markets.[4] As many new internet and content services are launched targeting primarily mobile usage, and further adoption of internet connectivity globally (including broadband in rural areas of developed countries) relies heavily on mobile, zero-rating has also been regarded as a threat to the open internet, which is typically available via fixed line networks with unlimited usage tariffs or flat rates.[9] The Wikimedia Foundation and Facebook have been specifically criticized for their zero-rating programs, to further strengthen incumbent mobile network operators and limit consumer rights to an open internet.[10] (That’s as of today.)

Whatever else it is, it’s not neutral.

We fully support net neutrality. We want to keep the internet open. Net neutrality ensures network operators don’t discriminate by limiting access to services you want to use. It’s an essential part of the open internet, and we are fully committed to it.

But net neutrality is not in conflict with working to get more people connected. These two principles — universal connectivity and net neutrality — can and must coexist.

To give more people access to the internet, it is useful to offer some service for free. If someone can’t afford to pay for connectivity, it is always better to have some access than none at all.

Useful, yes. Neutral, no.

Non-neutrality is like Potter Stewart’s definition of porn: “I know it when I see it.” Which India does.

Internet.org doesn’t block or throttle any other services or create fast lanes — and it never will.

It just doesn’t carry them. It says “My way or no highway.”

We’re open for all mobile operators and we’re not stopping anyone from joining.

The Internet is not what just mobile operators carry.

We want as many internet providers to join so as many people as possible can be connected.

That’s fine. But what they provide won’t be the Internet if they don’t carry the whole thing. It will be a sampler box of rocks rather than all of geology.

Arguments about net neutrality shouldn’t be used to prevent the most disadvantaged people in society from gaining access or to deprive people of opportunity. Eliminating programs that bring more people online won’t increase social inclusion or close the digital divide. It will only deprive all of us of the ideas and contributions of the two thirds of the world who are not connected.

There wouldn’t be an argument if you didn’t call this thing “Internet.org,” and if you didn’t represent a few Internet services as the whole thing. But you do, and that’s why you’re having trouble.

Every person in the world deserves access to the opportunities the internet provides. And we can all benefit from the perspectives, creativity and talent of the people not yet connected.

We have a historic opportunity to connect billions of more people worldwide for the first time. We should work together to make that happen now.

Fine. But make clear that what you’re offering isn’t the Internet, but a bunch of free services also found on the real thing.

Below that post are a zillion comments, some of which Mark answers. Here is the first Q&A:

Ritesh Pandya: We really appreciate your initiative on making the internet accessible to most remote part of the world, but the only question is why access only to selective websites and not all on internet.org??

Mark Zuckerberg: It’s too expensive to make the whole internet free. Mobile operators spend tens of billions of dollars to support all of internet traffic. If it was all free they’d go out of business. But by offering some basic services, it’s still affordable for them and it’s valuable and free for everyone to use.

But it’s not the Net. It’s just a set of services that also happen to be on the Net.

The Internet is free. That’s its nature. So stop confusing access with the Net itself, and a few services with the whole thing. Nobody’s buying it.

Bonus links: New Clues, SaveTheInternt.in.

[Later, May 4…] Wired says Zuckerberg has “expanded” Internet.org to include more stuff. In other words, he’s dilated the sphincter.

TBasketballhe other day a friend shared this quote from Michael Choukas‘ Propaganda Comes of Age (Public Affairs Press, 1965):

This is not the propagandist’s aim. For him the validity of an image must be measured not by the degree of its fidelity, but by the response it may evoke. If it will induce the action he wishes, its fidelity is high; if not, low. … The standard that he uses in choosing the images to be disseminated — his “truths” — would be a scale based on the range of possible human responses to an image. His criterion thus is established on the basis of overt action.

At first this made me think about journalism, and how it might fit Choukas’ definition of propaganda. Then it made me think about how we might confine the study of propaganda to a harmless subset of human story-telling. That’s when sports jumped to mind.

Sports are almost entirely narrative. They also have, as social phenomena go, less importance outside themselves than such highly fraught concerns as politics, religion and business. To the cynic, sports are Kurt Vonnegut‘s foma: “harmless untruths, intended to comfort simple souls…Live by the foma that make you brave and kind and healthy and happy.”

Yes, sports are more than that, but my soul at its simplest is a fan of the Mets. (And, less simply, a fan of the Red Sox.) Likewise, some of my least productive time is spent listening to sports talk radio — unless I count as valuable the communing of my simplest self with the souls of others who share the same mostly-harmless affections. (Hi, @MichaelSHolley.)

But how much more productive is the time I spend listening to NPR, or reading The New York Times? Some, I would say. So, I am sure, would sports fans who favor getting their news from Fox and The Wall Street Journal.

To see where I’m going here, lets unpack “harmless untruths” into a 2×2:


Foma are in the lower right corner. Whether the subject is sports or something else, that seems like a good corner in which to study propaganda.

Sports journalism, like all breeds of the discipline, escapes the foma classification by being about Truth, or at least about facts. But that’s beside my point, which is that interests, talk and reporting about sports all moves toward effects, which happen to be harmless but interesting.

Great minds discuss ideas; average minds discuss events; small minds discuss people,” Eleanor Roosevelt is said to have said. But great minds discuss all three. So, even though events and people are the main subjects of sports (and of most) stories, many great sports journalists also traffic in ideas. Jim MurrayRoger Angell and Frank Deford some first to mind; but so do Howard Cosell and Heywood Hale Broun, whose personalities (or wordrobes, in Broun’s case) often upstaged the events and people they covered. Then I think about David Foster Wallace, Bill LittlefieldJohn McPhee, Andrea Kremer, Keith OlbermannMichael Lewis, Howard BryantTony Kornheiser, Charlie Pierce, John Updike, Norman MailerGeorge Plimpton, Gay Talese, David Halberstam and other greats who work at deeper levels than the the usual bait for eyeballs and clicks.

So, speaking of bait, consider the three words uttered constantly by assignment editors everywhere: What’s the story? 

Stories, I was taught, are the main format of human interest; and all of them have just three elements:

  1. A protagonist, or character. This might be a person, a team, a cause or some other entity the reader, listener or viewer cares about. This character need only be interesting. Likability is a secondary matter. (Example: I hate Christian Laettner, an ESPN film.)
  2. A problem or challenge, This needs to be a situation that keeps the reader interested: tuned in or turning pages. (Classic edtorial instruction: “No story starts with ‘happily ever after.'”) In fact, it helps if the situation gets worse, so long as we have…
  3. Movement toward a resolution. If the war is over, or the home team is up or down by forty points with three minutes left, the challenge vanishes. If you’re at the game, your problem is beating traffic out of the parking lot.

If you’re missing one of those elements, you don’t have a story.

Case in point: Cambodia’s killing fields. The first I heard about them was in a story read by Hughes Rudd on a CBS newscast in the mid-1970s. He said that perhaps half a million people were already dead. On hearing this, I was appalled, because it came, in an “Oh by the way” manner, after stories about the Super Bowl and Patty Hearst (whose developing story sucked huge amounts of oxygen out of nearly every newsroom at the time).

The slaughter happening in Cambodia mattered far more than either the Super Bowl or Patty Hearst; but it wasn’t a story, because it was missing all three of those elements. There was no protagonist, other than a population with a statistic. The problem, while immense, was not ours, and also not moving toward resolution. In fact years would pass before the killing stopped.

For us here in the U.S., the killing fields story didn’t get real until The New York Times ran “The Death and Life of Dith Pran,” by Sydney Shanberg, in the Sunday Magazine. That gave us a character, and made Cambodia’s plight real and compelling. (The story also grew, naturally, into a movie.)

Sports is always focused on those three elements. Is that because sports is always about propaganda? Or is it the case that all stories are, by their narrative nature, propaganda of a sort?

Stories are at least tendentious in the sense that the author needs a point of view — even if that point is what Jay Rosen calls the view from nowhere. (That’s pretty much where CBS stood when it first reported on Cambodia’s many dead.)

Look at the photos that accompany a sports story. If a team wins, the star player is shown making a great kick, throw, shot or whatever. Or maybe just smiling. If the same team loses, the picture shows the same player messing up or frowning. Never mind that the game was close, or that the photo is of one moment among zillions of others. The entire meaning of the photo is narrative. Its entire purpose is effect, which is both to serve and drive the interests of the reader, the viewer, the listener. What’s that say about journalism as a whole?

Has anybody studied sports or journalism as propaganda? At least one inquiring mind wants to know.

Bonus links:





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Turkey shut down Twitter today. Prime Minister Recep Tayyip Erdoğan announced, “We now have a court order. We’ll eradicate Twitter. I don’t care what the international community says. Everyone will witness the power of the Turkish Republic.” (Hurriyet Daily News) He also said Turkey will “rip out the roots” of Twitter. (Washington Post)

Those roots are in the Internet. This is a good thing. Even if Turkey rips the roots out of the phone and cable systems that provide access to the Net, they can’t rip out the Net itself, because the Net is not centralized. It is distributed: a heterarchy rather than a hierarchy. At the most basic level, the Net’s existence relies on protocols rather than on how any .com, .org, .edu or .gov puts those protocols to use.

The Net’s protocols are not servers, clouds, wires, routers or code bases. They are agreements about how data flows to and from any one end point and any other. This makes the Internet a world of ends rather than a world of governments, companies and .whatevers. It cannot be reduced to any of those things, any more than time can be reduced to a clock. The Net is as oblivious to usage as are language and mathematics — and just as supportive of every use to which it is put. And, because of this oblivity, The Net supports all without favor to any.

Paul Baran contrasted centralized systems (such as governments), decentralized ones (such as Twitter+Facebook+Google, etc.) and distributed ones, using this drawing in 1964:

Design C became the Internet.

It appealed to military folks because it was the best design for surviving attack. Even in a decentralized system there are central points of vulnerability where a government can spy on traffic or knock out a whole service. The “attack surfaces” of a distributed system are no larger than a single node or a single connection, so it’s much harder to bring the whole thing down. This is why John Gillmore says “The Internet interprets censorship as damage and routes around it.” No doubt this is happening right now in Turkey, just as it is in China and other countries  that block sites and services on the Net. It might not be easy, but it is do-able by design. That design is not about hard fixed administrated lines, but voluntary connections, or what Bob Frankston calls ‘DIY connectivity’.

Twitter’s centralized nature makes it a dot in the star-shaped designs of A and B. That dot becomes a black hole when powerful actors like the Turkish and Chinese governments “eradicate” it. We need to bear this in mind when we design and use centralized systems — and even decentralized ones.

It helps to recognize that some things — such as being social with each other — do not require centralized systems, or even decentralized ones. They can be truly distributed, heterarchical and voluntary. Just as we have freedom of speech and association in any free society, we should have the same on the Net. And, at the base level, we do.

But this isn’t easy to see, for five reasons:

  1. We do need centralized systems for doing what only they can do
  2. Existing building methods and materials make it easy
  3. The internet is also a “network of networks” which at the backbone and “provider” level (the one you access it through) is more like a combination of B and C — and, because you pay providers for access,  it’s easy to ignore C as the virtuous base of the whole thing
  4. After eighteen years of building centralized systems (such as Twitter) on the Net, it’s hard for most people — even geeks familiar with the Net’s base design — to think outside the box called client-server (and some of us call calf-cow)

A great way to avoid the black hole of centralization is to start from the fully distributed nodes that each of us are, designing and building first person technologies. And I have a specific one to recommend, from Customer Commons:

This is Omie:

She’s the brainlet of Customer Commons: She is, literally, a clean slate. And she is your clean slate. Not Apple’s. Not Google’s. Not some phone company’s.

She can be what you want her to be, do what you want her to do, run whatever apps you want her to run, and use data you alone collect and control.

Being a clean slate makes Omie very different.

On your iPhone and iPad you can run only what Apple lets you run, and you can get only from Apple’s own store. On an Android phone you have to run Google’s pre-loaded apps, which means somebody is already not only telling you what you must do, but is following you as well.

Omie uses Android, but bows to Google only in respect of its intention to create an open Linux-based OS for mobile devices.

So Omie is yours, alone. Fully private, by design, from the start.

Omie needs crowdfunding. More specifically, she needs somebody who is good at doing crowdfunding videos, to help us out. We have the script.  If you’re up for helping out, contact me. I can be DM’d via @dsearls, or emailed via my first  name @ my last name dot com. Thanks!



This post is a hat tip toward Rusty Foster’s Today In Tabs, which I learned about from Clay Shirky during a digressive conversation about the subscription economy (the paid one, not the one Rusty and other free spirits operate in), and how lately I’m tending not to renew mine after they run out, thanks to my wife’s rational approach to subscriptions:

  1. Don’t obey the first dozen or so renewal notices because the offers will get better if you neglect them.
  2. See if you miss them.
  3. If you don’t miss them, don’t renew.

While thinking about a headline for this post, I found that searches for theater and theatre are both going down, but the former seems to be holding a slight lead.

While at Google Trends, I also did a humbling vanity search. Trust me: it helps not to give a shit.

Other results::: tired is up… stupid still leads dumb, but dumb is catching up… Papua New Guinea leads in porn. And Sri Lanka takes the gold in searches for sex. They scored 100. India gets the silver with 88, and Ethiopia settles for the bronze with 87. Out of the running are Bangladesh (85), Pakistan (78), Nepal (74), Vietnam (72), Cambodia (69), Timor-Leste (67) and Papua New Guinea (66) — perhaps because porn is doing the job for them.

Michael Robertson continues to invent stuff. His latest is Clock Radio, a Chrome browser extension that lets you tune in, by genre or search, to what’s playing now on the world’s Internet radio stations. Links: bit.ly/ClockRadio & bit.ly/ClockRadioVideo. Here’s what mine looks like right now:

I’m not surprised (and I don’t know why) that most of the stations playing music I like are French.

David Drummond, SVP, Corporate Development and Chief Legal Officer at Google, will talk about The Fight for Internet Freedom tomorrow at Stanford. Register by 5:30pm Pacific, today. @Liberationtech is hosting. Oh, and Google Fiber may be coming to your city.

George Packer says Amazon may be good for customers but bad for books, because Amazon is a monopoly in that category. Paul Krugman meanwhile says the same kinda thing about Comcast, and the whole cablecom biz. He’s not alone. Nobody likes the proposed Comcast acquisition of Time Warner Cable, other than Comcast, their captive regulators and their big-biz amen corner in what’s left of the press. (Watch: it’ll pass.) FWIW, Quartz has some nice charts explaining what’s going on.

What’s the word for a business nobody dominates because basically the whole thing, as we knew it, looks like Florida a week after Chicxulub? That’s what we have with journalism. The big reptiles are gone or terminal. The flying ones are gonna be birds one of these eras, but for now they’re just flying low and working on survival. For a good picture of what that looks like, re-dig A Day in the Life of a Digital Editor, 2013, which Alexis Madrigal posted in The Atlantic on March 13 of last year. In it he said,

…your total budget for the year is $12,000, a thousand bucks a month. (We could play this same game with $36,000, too. The lessons will remain the same.) What do you do?

Here are some options:

1. Write a lot of original pieces yourself. (Pro: Awesome. Con: Hard, slow.)
2. Take partner content. (Pro: Content! Con: It’s someone else’s content.)
3. Find people who are willing to write for a small amount of money. (Pro: Maybe good. Con: Often bad.)
4. Find people who are willing to write for no money. (Pro: Free. Con: Crapshoot.)
5. Aggregate like a mug. (Pro: Can put smartest stuff on blog. Con: No one will link to it.)
6. Rewrite press releases so they look like original content. (Pro: Content. Con: You suck.)

Don’t laugh. These are actual content strategies out there in the wilds of the Internet. I am sure you have encountered them.

Myself, I’m very partial to one and five. I hate two and six. For my own purposes here, let’s say you do, too, and throw them out.

That leaves three and four…

You’re reading #4. Flap flap flap…

Speaking of trash talk, Polygon says NBA 2K14 gives you a technical foul for swearing at the game.

I like the Fargo2 model:

Want to know where your Internet comes from? Look here. While it lasts. Because what that describes is infrastructure for the free and open world wide Internet we’ve known since the beginning. Thanks to the NSA spying, national leaders are now floating the idea of breaking the Internet into pieces, with national and regional borders. That seems to be where Angela Merkel is headed by suggesting a Europe-only network.

Progress: there’s an insurance business in protecting companies from data breaches. No, they’re not selling it to you, because you don’t matter. This is for big companies only.

Finally, because you’re not here — or you wisely don’t want to be here — dig what parking in New York looks like right now, after two weeks of snow, rain, freezing, melting and re-freezing:

parking in NYC

Let’s hope it thaws before alternate side parking goes back into effect.

The power is out and won’t be back for awhile. That’s what the guys in the hard hats tell me, down where they’re working, at the intersection where our dead-end street is born. Many trucks are gathered there, with bright night-work lights illuminating whatever went wrong with the day’s power pole replacement job. The notices they left on our doors said they’d be done by five, but now it’s eight and I’m sitting in a house lit by candles, working on the nth draft of a writing assignment, in the absence of a steady flow of electrons off the power grid. Also in the absence of connection except to the physical world alone. Connectivity = 0. My laptop is good for another four hours or so, but without a connection I lack the building materials I need for constructing the piece. So I’m writing this instead.

Some other utilities are unaffected by the power outage, of course. I have matches, and can fire up the gas stove. Water runs, cold and cold. It also drips out of the little motel-grade refrigerator upstairs, defrosting itself into towels I’ve fed under it. The freezer in the kitchen remains closed, to keep whatever is in there from thawing and requiring use in the next couple days. What I’m witnessing is a gradual breakdown that is easy to imagine accelerating fast, especially if I was coping instead with a wildfire or an earthquake.

Three interesting facts about California and the people who — like me — choose to live here:

  1. The state tree is the California redwood. What made these things evolve into groves of spires with thick bark, standing at heights beyond three hundred feet, with branches in mature specimens that commence a hundred or more feet above the ground. I say they are adapted to fire. A cross section of a mature redwood will feature black edges to rings spaced thirty, fifty, two hundred apart, all marking survival of wildfire at a single location.
  2. The state flower is the California poppy. Here is what makes poppies thrive in dry rocky soils that are poor for agriculture but rich with  freshly exposed minerals: they are adapted to earthquakes. More than any other state, except maybe Alaska, California is a product of recent earth movement. Imagine looking at the southern Appalachians in the U.S. or the Blue Mountains of Australia, two million years ago. It’s not hard: they would pretty much like they do now. If you looked at the site of the future California from anywhere two million years ago, you would recognize nothing, unless you were a geologist who knew what to look for. All of California has been raised up or ferried in by tectonic forces that have been working at full throttle for a couple hundred million years, and aren’t moving any slower today.
  3. Neither of those facts teaches caution to human beings who choose to live here. For example, the home where I write this, in Santa Barbara, has been approached, unsuccessfully, by two wildfires in recent years. The Tea Fire in November 2008 burned 210 homes and the Jesusita Fire in May 2009 burned other 80 more. The Tea Fire came straight at us, incinerating everything but rocks and soil for a mile in its path before stopping a quarter mile and ten houses short of where I’m sitting right now. (Here is my report on the aftermath.) The Coyote Fire in September 1964 burned the same area, and much more. The Sycamore Fire in 1979 came even closer, burning houses just up the street from here.

“We live in the age of full convenience,” John Updike wrote, at a time when it made sense to think copiers and fax machines marked some kind of end state.* But the lessons that matter at the moment arise from the absence of the two most essential utilities in my life, and probably yours too: the electric grid and the data network. (Yes, I can get on the Net by tethering my laptop to my mobile phone, but both use batteries that will run out, and the phone is down below 20% already anyway.) So here are three lessons that come to me, here in the dark, all of which we are sure to continue ignoring::::

  1. Civilization is thin. A veneer. Under it nature remains vast, violent and provisional. In the long run, which may end at any time for any of us, nature will prove no easier to tame than the tides. For three great perspectives on this, I highly recommend John McPhee‘s The Control of Nature. The title is taken from a plea to students, carved into sandstone over the door of a building at the University of Wyoming in Laramie: STRIVE ON — THE CONTROL OF NATVRE IS WON, NOT GIVEN. (I also recommend this blog post, by Themon The Bard, who went to UW and provides a photo.) Its chapters are “Iceland versus the volcanoes,” “Los Angeles versus the San Gabriel Mountains” and “The Army Corps of Engineers versus the Mississippi River.” The New Yorker re-ran a set piece from the third of those, right after Hurricane Katrina, which produced what New Orleans natives call “The Flood.” In it McPhee describes what would happen to New Orleans when a levee is breached. Here is the original, published years before reality certified true McPhee’s prophesy.
  2. Humanity is insane. A good working definition of psychosis is disconnection of the mind from reality. As a species we have proven ourselves nuts for the duration, as the examples above attest. Present company included. (Further proof: war, genocide.) It should be clear by now that humanity is not merely at the top of the food chain around the world, but a pestilence to everything God (or whatever) put in position to be exploited in the short term, regardless of the obvious fact that it took approximately forever to put those resources in place, and how much of it cannot be replaced. While it’s true that in the very long run (a billion years or few), the aging Sun will cook the planet anyway, we are doing our best to get the job done in the geologic present. This is why many geologists propose renaming our current epoch “Anthropocene.” Bonus question: Why do political conservatives care so little about the long-term conservation of resources that are, undeniably, in limited supply and are clearly bound for exhaustion at any consumption rate? Before categorizing me, please note that I am a registered independent, and in sympathy with economic conservatives in a number of ways (for example, I do like, appreciate and understand how the market works, and in general I favor smaller government). But on environmental issues I’m with those who give a shit. Most of them happen to be liberals (or, in the current vernacular, progressives). George Lakoff provides some answers here (and in several books). But, while I love George, and while he has probably influenced my thinking more than any other human being, it still baffles that opposing conservation of resources fails to seem oxymoronic to most avowed conservatives.
  3. The end is in sight. Somewhere I’ve kept a newspaper story that did a great job of listing all the resources our species is bound to use up, at current rates of exploitation, and how long that will take. On the list were not only the obvious “reserves,” such like oil, gas, coal and uranium, but other stuff as well: helium, lithium, platinum, thorium, tungsten, neodymium, dysprosium, niobium… stuff we use to make stuff that ranges from balloons to hard drives to hybrid car engines. Many of the heavier elements appear to have been deposited here during bombardments by asteroids several billion years ago, when the Earth has hard enough not to absorb them. Helium, one of the most abundant elements in the universe, is produced on Earth mostly by decay of radioactive elements in certain kinds of natural gas. Much of the world’s helium comes from the ground here in the U.S., where our enlightened congresspeople decided a few decades back to hand the reserves over to private industry, where “the market” would decide best how it would be used. So, naturally, we are due to run out of it within maybe a couple dozen years, and have not yet found a way to replace it. Read on.

[Later…] I wrote this three nights ago, but didn’t put it up until now because I was already way overdue on the  writing assignment I mentioned up top, and I had to deal with other pressing obligations as well. So I just went through the post, copy-edited it a bit and added some links.

* Special thanks goes to anybody who can find the original quote. I’ve used it so often on the Web that I’ve effectively spammed search results with unintended SEO. The closest thing I can find is this from Google Books, which fails to contain the searched-for nugget, but still demonstrates why Updike’s criticism earns the same high rank as his fiction.

Fort Lee has been in the news lately. Seems traffic access to the George Washington Bridge from Fort Lee was sphinctered for political purposes, at the spot marked “B” on this map here:

The spot marked “A” is the site of my first home: 2063 Hoyt Avenue. Here’s how it looked in 1920:

My grandfather, George W. Searls, built it in 1900 or so. He and grandma, Ethel F. (née Englert) Searls, raised thee children there: Ethel M. Searls, born in 1905, Allen H. Searls (my father), born in 1908, and Grace (née Searls) Apgar, born in 1912. Grandpa died in 1935, but Grandma and Aunt Ethel lived here until 1955, when I was eight years old.

It was in a fine old neighborhood of similar mansard-roofed homes, most of which were built before the George Washington Bridge showed up and became the town’s landmark feature. Pop, who grew up climbing the Palisades and had no fear of heights, helped build the bridge, mostly by rigging cables.

Not long after finding a place to stay in New York in Fall of 2012, my wife and I took a walk across the bridge to visit the old neighborhood. I knew the old house was gone, the land under it paved over by Bruce Reynolds Boulevard. What I didn’t expect was finding that the entire neighborhood had been erased. See the brown area on the map above, between the highway and Main Street? That was it. Palisade Avenue, behind Hoyt, is now a house-less strip of rotting pavement flanked and veined by wild grass. The only animal life we spotted was a large groundhog that ran to an old storm drain when we approached.

Little of the Fort Lee I knew as a kid is still there. The only familiar sights on Main Street are City Hall and the old fire station. Dig this: City Hall also shows up in the background of this shot of Mom with my cousin Paul and I, when we were both a few months old, in April 1948. This street too has been obliterated: replaced by stores and parking lots, with no trace of its old self.

When I was a kid in the ’50s, my grandparents’ generation — all born in the second half of the 19th Century — was still going strong. One relative I remember well was great-aunt Eva Quackenbush, Grandpa Searls’ older sister. Here she is with Mom, and the baby me. Eva was born in 1853, and was twelve years old when President Lincoln was shot — and event she talked about. She visited often from her home in St. Louis, and died just a few days short of 100 years old, in 1953. Living long is a Searls family trait. Grandma made it to 107 and Aunt Grace to 101 (she passed just last month, fun and lucid to the end).

So to me the world before cars, electricity and other modern graces was a familiar one, because I heard so many stories about it. Grandma grew up in The Bronx, at 742 East 142nd Street, when it looked like this:

Today, according to Google’s StreetView, it looks like this:

The red A marks 732. On the left, behind that wall, is a “towed car” lot. It sits atop a mound of rubble that was once “old Lincoln Hospital”:

According to the Wikipedia article on Lincoln Hospital, “In 1895, after more than half a century of occupying various sites in Manhattan, the Board of Trustees purchased a large lot in the South Bronx—then a semi-rural area of the city—at the corner of 141st Street and Southern Boulevard.” This is a morning view, lit from the southeast, looking north across 141st Street. Grandma’s place was on the back side of the hospital. Amazing to think that this scene came and went between the two shots above it.

Grandma’s father, Henry Roman Englert, was the head of the Steel and Copper Plate Engravers Union in the city. His trade was also destroyed by industrial progress, but was an art in its time. Here he is, as a sharp young man with a waxed mustache:

Henry was a fastidious dude who, on arriving home from work, would summon his four daughters to appear and stand in a row. He would then run his white glove over some horizontal surface and wipe it on a white shoulder of a daughter’s dress, expecting no dust to leave a mark on either glove or girl. Or so the story went. Henry was the son of German immigrants: Christian Englert and Jacobina Rung, both of Alsace, now part of France. They were brewers, and had a tavern on the east side of Manhattan on 110th Street. Jacobina was a Third Order Carmelite nun, and was buried in its brown robes. Both were born in 1825. Christian died in 1886 while picking hops in Utica. Jacobina died in 1904.

Grandma met Grandpa in 1903, when she was twenty and he was forty. She was working as a cleaning woman in the Fort Lee boarding house where Grandpa lived while he worked as a carpenter. One day she saw him laying asleep, and bent down to kiss him. He woke, reached up, and kissed her back. Romance commenced.

Grandma didn’t like to admit having done cleaning work, insisting always that she was “lace curtain Irish,” to distinguish her family from “shanty Irish.” When ethnic matters came up in conversation over dinner, she would often say “All for the Irish stand up,” and everybody would rise. In fact she was only half Irish. Her mother, Catherine “Kitty” Trainor, died in her thirties. Henry later married an Italian woman and produced more progeny, only one of which was ever mentioned by Grandma. That was Harry, who died at age five. The largest framed photograph in Grandma’s house was one of Harry, looking up and holding a toy.

Kitty’s dad was Thomas Trainor, who came over from Ireland in 1825 at age 15 to escape England’s harsh penal laws. (He shipped out of Letterkenny with an uncle, but the Trainors were from south of there. Trainor was anglicized from the Gaelic Tréinfhir, meaning “strong man.”) Thomas worked as an indentured servant in the carriage trade, and married Catherine McLaughlin, the daughter of his boss. Thomas then prospered in the same business, building and fixing carriages at his shop at the south end of Broadway. His two daughters were Kitty and “Aunt Mag” Meyer, whom Grandma often quoted. The line I best remember is, “You’ve got it in your hand. Now put it away.” Mag taught Grandma how to walk quietly while large numbers of other people in the house were sleeping. Grandma passed the same advice to her grandkids, including me: “Walk on the balls of your feet, toes first.” The Trainors also had a son, who ran away to fight in the Civil War. When the war ended and the boy didn’t come home, Thomas went down to Washington and found his son in a hospital there, recovering from a wound. The doctors said the boy would be home by Christmas. And, when Christmas came, the boy indeed arrived, in a coffin. Or so the story went.

An interesting fact about Fort Lee: it was the original Hollywood. The Searls family, like most of the town, was involved. Grandpa was D.W. Griffith’s head carpenter, building film sets such as this one here. Here he is (bottom right) with his crew. Here’s a link for the Fort Lee Film Commission, featuring samples of the silent movies made there. Among the extras are family members. Lillian Gish and Lon Chaney both boarded upstairs at 2063 Hoyt. So did the dad of the late Elliot Richardson, a cabinet member in the Nixon and Ford administrations.

Time flies, and so do people, places and memories. My parents’ generation is now gone, and family members of my own generation are starting to move on. I can count ten places I used to live that are now gone as well, including my high school. Kevin Kelly told me a couple years ago that none of us, even the famous, will be remembered in a thousand years. I’m sure he’s right.

But I still feel the urge to pour as much as I can of what I know into the public domain, which is what you’re witnessing now, if you’re still with me at the bottom of a long post. I believe it helps to see what was, as well as what is.

For example, this view up Hoyt Avenue from the site of the old Searls place, in 2012, is now filled with a high-rise that is almost complete. The little bridge-less town where my grandparents met and my father and his sisters grew up is now a henge of high-rises. Fort Lee itself is now also known as Fort Lee Koreatown. In this constantly shifting urban context the current scandal seems a drop in the bucket of time.


Eye of SauronIn Big Cable’s Sauron-Like Plan for One Infrastructure to Rule Us All, Susan Crawford (@SCrawford) paints a bleak picture of what awaits us after television (aka cable) finishes eating the Internet. But that’s just in our homes. Out in the mobile sphere, telcos have been eating the Net as well — in collusion with cable. That’s one of the points Marvin Ammori makes in We’re About to Lose Net Neutrality — And the Internet as We Know It. Both pieces are in Wired, which is clearly on our side with this thing — especially since, if Marvin is right, Wired might someday need to pay the carriers for privileged carriage on what used to be the free and open (aka “neutral”) Internet. Specifically,

Net neutrality is a dead man walking. The execution date isn’t set, but it could be days, or months (at best). And since net neutrality is the principle forbidding huge telecommunications companies from treating users, websites, or apps differently — say, by letting some work better than others over their pipes — the dead man walking isn’t some abstract or far-removed principle just for wonks: It affects the internet as we all know it.

Once upon a time, companies like AT&T, Comcast, Verizon, and others declared a war on the internet’s foundational principle: that its networks should be “neutral” and users don’t need anyone’s permission to invent, create, communicate, broadcast, or share online. The neutral and level playing field provided by permissionless innovation has empowered all of us with the freedom to express ourselves and innovate online without having to seek the permission of a remote telecom executive.

But today, that freedom won’t survive much longer if a federal court — the second most powerful court in the nation behind the Supreme Court, the DC Circuit — is set to strike down the nation’s net neutrality law, a rule adopted by the Federal Communications Commission in 2010. Some will claim the new solution “splits the baby” in a way that somehow doesn’t kill net neutrality and so we should be grateful. But make no mistake: Despite eight years of public and political activism by multitudes fighting for freedom on the internet, a court decision may soon take it away.

He continues,

How did we get here?

The CEO of AT&T told an interviewer back in 2005 that he wanted to introduce a new business model to the internet: charging companies like Google and Yahoo! to reliably reach internet users on the AT&T network. Keep in mind that users already pay to access the internet and that Google and Yahoo! already pay other telecom companies — often called backbone providers — to connect to these internet users.

That was eight years ago. In response to the same AT&T salvo, I wrote Saving the Net: How to Keep the Carriers from Flushing the Net Down the Tubes in Linux Journal. It was submitted in November 2005 and ran in the February 2006 issue. In it I outlined three scenarios:

  1. The Carriers Win
  2. The Public Workaround
  3. Fight with Words and Not Just Deeds

Neither #2 nor #3 have come to pass, except in very limited ways. So, since #1 seems to be on the verge of happening, here’s what I wrote about it. There is a fair amount of link rot, but the points are still sharp — and depressing to contemplate:

Scenario I: The Carriers Win

Be afraid. Be very afraid. —Kevin Werbach.

Are you ready to see the Net privatized from the bottom to the top? Are you ready to see the Net’s free and open marketplace sucked into a pit of pipes built and fitted by the phone and cable companies and run according to rules lobbied by the carrier and content industries?

Do you believe a free and open market should be “Your choice of walled garden” or “Your choice of silo”? That’s what the big carrier and content companies believe. That’s why they’re getting ready to fence off the frontiers.

And we’re not stopping it.

With the purchase and re-animation of AT&T‘s remains, the collection of former Baby Bells called SBC will become the largest communications company in the US–the new Ma Bell. Verizon, comprised of the old GTE plus MCI and the Baby Bells SBC didn’t grab, is the new Pa Bell. That’s one side of the battlefield, called The Regulatory Environment. Across the battlefield from Ma and Pa Bell are the cable and entertainment giants: Comcast, Cox, TimeWarner and so on. Covering the battle are the business and tech media, which love a good fight.

The problem is that all of these battling companies–plus the regulators–hate the Net.

Maybe hate is too strong of a word. The thing is, they’re hostile to it, because they don’t get it. Worse, they only get it in one very literal way. See, to the carriers and their regulators, the Net isn’t a world, a frontier, a marketplace or a commons. To them, the Net is a collection of pipes. Their goal is to beat the other pipe-owners. To do that, they want to sell access and charge for traffic.

There’s nothing wrong with being in the bandwidth business, of course. But some of these big boys want to go farther with it. They don’t see themselves as a public utility selling a pure base-level service, such as water or electricity (which is what they are, by the way, in respect to the Net). They see themselves as a source of many additional value-adds, inside the pipes. They see opportunities to sell solutions to industries that rely on the Net–especially their natural partner, the content industry.

They see a problem with freeloaders. On the tall end of the power curve, those ‘loaders are AOL, Google, Microsoft, Yahoo and other large sources of the container cargo we call “content”. Out on the long tail, the freeloaders are you and me. The big ‘loaders have been getting a free ride for too long and are going to need to pay. The Information Highway isn’t the freaking interstate. It’s a system of private roads that needs to start charging tolls. As for the small ‘loaders, it hardly matters that they’re a boundless source of invention, innovation, vitality and new business. To the carriers, we’re all still just “consumers”. And we always will be.

“Piracy” is a bigger issue to the cargo sources than to the carriers. To the carriers, “fighting piracy” is a service offering as well as a lever on regulators to give carriers more control of the pipes. “You want us to help you fight piracy?”, the transport companies say to the content companies. “Okay, let’s deal.” And everybody else’s freedoms–to invent, to innovate, to do business, to take advantage of free markets and to make free culture–get dealt away.

The carriers have been lobbying Congress for control of the Net since Bush the Elder was in office. Once they get what they want, they’ll put up the toll booths, the truck scales, the customs checkpoints–all in a fresh new regulatory environment that formalizes the container cargo business we call packet transport. This new environment will be built to benefit the carriers and nobody else. The “consumers”? Oh ya, sure: they’ll benefit too, by having “access” to all the good things that carriers ship them from content providers. Is there anything else? No.

Crocodile grins began to grow on the faces of carriers as soon as it became clear that everything we call “media” eventually would flow through their pipes. All that stuff we used to call TV, radio, newspapers and magazines will just be “content” moving through the transport layer of the pipe system they own and control. Think it’s a cool thing that TV channels are going away? So do the carriers. The future à lá carte business of media will depend on one medium alone: the Net. And the Net is going to be theirs.

The Net’s genie, which granted all those e-commerce wishes over the past ten years, won’t just get shoved back in the bottle. No, that genie will be piped and priced by the packet. The owners of those pipes have a duty to their stockholders to make the most of the privileged position they’ve been waiting to claim ever since they got blind-sided, back in the 80s and 90s. (For an excellent history of how the European PTTs got snookered by the Net and the Web, see Paul F. Kunz’ Bringing the World Wide Web to America.) They have assets to leverage, dammit, and now they can.

Does it matter that countless markets flourish in the wide spaces opened by agreements and protocols that thrive at the grace of carriage? Or that those markets are threatened by new limits, protections and costs imposed at the pipe level?


Thus, the Era of Net Facilitation will end. The choke points are in the pipes, the permission is coming from the lawmakers and regulators, and the choking will be done. No more free rides, folks. Time to pay. It’s called creating scarcity and charging for it. The Information Age may be here, but the Industrial Age is hardly over. In fact, there is no sign it will ever end.

The carriers are going to lobby for the laws and regulations they need, and they’re going to do the deals they need to do. The new system will be theirs, not ours. The NEA principle–Nobody owns it, Everybody can use it, Anybody can improve it–so familiar to the Free Software and Open Source communities will prove to be a temporary ideal, a geek conceit. Code is not Law. Culture is not Free. From the Big Boys’ perspective, code and culture are stuff nobody cares about.

That’s us: Nobody.

The new carrier-based Net will work in the same asymmetrical few-to-many, top-down pyramidal way made familiar by TV, radio, newspapers, books, magazines and other Industrial Age media now being sucked into Information Age pipes. Movement still will go from producers to consumers, just like it always did. Meet the new boss, same as the old boss. Literally.

The deals that matter will be done between tops of pyramids. Hey, it’s easier to do business with the concentrated few than the dispersed many. The Long Tail can whip itself into a frenzy, but all the tech magazines and blogs in the world are no match for the tails and teeth of these old sharks. (Hey, Long Tailer, when’s the last time you treated your erected representatives to private movie screenings, drafted their legislation, ghosted their committee reports, made a blockbuster movie or rolled fiber across oceans?)

Google and Yahoo and Amazon and eBay and e-commerce and free software and open source and blogging and podcasting and all the rest of that idealistic junk have had their decade in the sun. Hell, throw in Apple and Microsoft, too. Who cares? Them? Doesn’t matter how big they are. They don’t matter. They’re late to the game.

We all know the content business got clobbered by this peer-to-peer crap. But the carriers took a bath by building out the Net’s piped infrastructure. They sank $billions by the dozen into fiber and copper and routers and trunks, waiting for the day when they’d be in a position to control the new beast fleshed on the skeleton that they built.

That Day Has Come.

It came earlier this month, when the November 7, 2005, issue of BusinessWeek hit the Web’s streets. In that issue are “Rewired and Ready for Combat” and “At SBC, It’s All About ‘Scale and Scope'”, which features an interview with Edward Whiteacre, CEO of SBC. Here’s the gist of it:

How concerned are you about Internet upstarts like Google (GOOG), MSN, Vonage, and others?

How do you think they’re going to get to customers? Through a broadband pipe. Cable companies have them. We have them. Now what they would like to do is use my pipes free, but I ain’t going to let them do that because we have spent this capital and we have to have a return on it. So there’s going to have to be some mechanism for these people who use these pipes to pay for the portion they’re using. Why should they be allowed to use my pipes?

The Internet can’t be free in that sense, because we and the cable companies have made an investment and for a Google or Yahoo! (YHOO) or Vonage or anybody to expect to use these pipes [for] free is nuts!

What’s your approach to regulation? Explain, for example, the difference between you and Verizon in how you are approaching regulatory approval for Telco TV [digital-TV service offered by telecoms].

The cable companies have an agreement with the cities: They pay a percentage of their revenue for a franchise right to broadcast TV. We have a franchise in every city we operate in based on providing telephone service.

Now, all of a sudden, without any additional payment, the cable companies are putting telephone communication down their pipes and we’re putting TV signals. If you want us to get a franchise agreement for TV, then let’s make the cable companies get a franchise for telephony.

If cable can put telephone down their existing franchise I should be able to put TV down my franchise. It’s kind of a “what’s fair is fair” deal. I think it’s just common sense.

What if the regulators don’t agree?

Then there won’t be any competition–there will be a cable-TV monopoly.

I know you’re a competitive person. Who are your biggest competitors?

Our big competition in the future is with the cable companies. Verizon’s going to be a player, and certainly I want to compete. And I want our shareowners to do better than anyone else.

If I were BusinessWeek, I’d ask:

What about the free and open marketplace that has grown on the Net itself? Do you have any interest in continuing to support that? Or in lobbying forms of deregulation that foster it? Or are you just in a holy war with the cable companies inside the same old regulatory environment you’ve known since forever?

I’d ask:

If you were to buy, say, Level 3, would you start to filter and restrict content at the transport level, to extract the profits you want, without regard for other market consequences? Would Cisco, builder of the great Firewall of China, help out?

I’d ask:

Which do you prefer: The regulatory environment where your business has adapted itself for more than a century, or a completely free and open marketplace like the rest of us enjoy sitting on top of your pipes?

Whiteacre’s answers, of course, would be less relevant than the obvious vector of his company’s intentions. For a summary of that, let’s return to Lauren Weinstein of People for Internet Responsibility:

Of course, the truth of the matter is that the telcos have been moving rapidly through massive consolidation–and a range of other tactics–to create an environment where “competition” will only be a pale reflection of what we were originally promised, with only a few gigantic players in control of all telecom resources and policies. Like the robot cop in Terminator 2 that reformed from blown-apart mercurial blobs of metal, the “golden age” of telecom competition is already giving way to empire.

Don’t blame BusinessWeek for not asking the important questions or for missing the Carriers vs. Net story. Biz pubs love to cover vendor sports. And there’s certainly a big story here.

Great distraction, vendor sports. While we’re busy watching phone and cable giants fight over a closed battlefield that ought to be open, we miss Net-hostile moves by other parties that result in other lost freedoms.

Take ICANN, for instance, where a new .com Registry Agreement allows Verisign to raise the rates for .com names by 7% annually, and to operate .com in perpetuity, and to “mak[e] commercial use of, or collect, traffic data regarding domain names or non-existent domain names”, and to reap other rewards for what few other than Verisign would agree is a good job. Bret Faucett summarizes the darkest shadow across the noir scenario we’ve already described:

The theme running through all of these is that ICANN and Verisign are treating the .COM registry as a private resource. It’s not. The root servers and TLD servers are public resources. We should treat them like that.

Bret has one of the most eloquent voices in the wilderness of clues the Big Boys would rather avoid. So does Susan Crawford, who was just, perhaps miraculously, named to the ICANN board.

For Bret, Susan and the rest of the restless natives of this new world, what matters most is Saving the Net–keeping it a free and open marketplace for everybody–while also making sure that carriers of all kinds can compete and succeed while providing much of the infrastructure on which that marketplace resides. That means we need to understand the Net as more than a bunch of pipes and business on the Net as more than transporting and selling “content”.

This isn’t a trivial issue. It’s a matter of life and death for the Net itself. How are we going to fight?

Read on.

You can do that here. Also dig Marvin Ammori’s own follow-up.

Meanwhile the Net continues to cry out for a definition all can agree on. Toward that goal, I wrote this in The Intention Economy:

To simplify things a bit, look at the Net’s future as a battleground where any and only fight it out. On the side of any are the Net’s protocols. On the side of only are governments and businesses with interests in restricting and controlling access to the Net, and thwarting many purposes to which the Net might be put. This battle also happens inside our own heads, because we tend to view the Net both ways. Ironies abound.

For example, the Internet is often called a “network of networks,” yet the Net was designed to transcend the connections it employs, and is therefore not reducible to them. It is not comprised of wiring, and is not a “service,” even though it’s called one by ISPs.

So let’s look at the sides here. On the any side, “net-heads” (yes, they call themselves that) frame their understanding of the Net in terms of its protocols, and those protocols’ virtues. On the only side, “bell-heads” (yes, they call themselves that, too) frame their understanding of the Net in terms of wiring infrastructure and billing systems.

To net-heads, the Internet is a vast new virtual space with qualities such as neutrality and generativity. To maximize economic opportunity and vitality, those virtues need to be maximized—even if phone and cable TV businesses don’t wish to acknowledge or support those virtues.

To bell-heads, the Internet’s “network of networks” is a collection of mostly private properties, with which owners should be free to do what they please. So, if what pleases them is throttling certain kinds of data traffic to maximize QoS (Quality of Service), too bad. They are The Market, which will grow best if they act in their own economic self-interest. Hey, look at all the good they’ve done already. (Want dial-up again, anyone?) And look at the robust competition between cable and phone companies. Isn’t that producing enough economic benefits for everybody?

Since net-heads tend to make social arguments while bell-heads tend to make economic ones, net-heads get positioned on the left and bell-heads on the right. Between the two are boundless technical arguments that aren’t worth getting into here.

I’m a net-head, but one who wants both sides to recognize that the Net’s original design is encompassing and beneficial for economies and societies everywhere. That is, I believe the argument for the Net is the same as the one for gravity, sunlight, the periodic table and pine trees: that it is part of nature itself. What makes the Net different from all those other products of Nature is that humans made the Net for theselves.

The Net’s nature—its essential purpose—is to support everything that uses it, just as the essential purpose of a clock is to tell time. So, while the Net today relies on phone and cable connections, its support-everything purpose should not be subordinated to legacy phone and cable TV businesses. The Internet, in the neutral and generative form defined by its protocols, is a far larger and more interesting market environment than the one defined by the parochial and limited interests of phone and cable companies, both of which are desperately trying to hold on to their legacy businesses, and would be better served by embracing all the opportunities the Internet opens up, for everybody.

We’re going to evolve past those old businesses anyway. Phone and cable company engineers know that, and so do many of the business leaders in those companies, even as they fight to protect their legacy businesses at all costs.

As a pro-business guy, I sympathize with phone and cable companies, which are cursed by the need to maintain margins in existing business while building out infrastructures that obsolete those businesses (at least as we know them). These companies get little credit (especially from net-heads) for their genuine innovations, and for their ability to innovate more. We do need them, whether we like them or not…

So, then

The Net’s capacity to support limitless economic activity and growth will win in the long run because it will prove out in the very marketplaces it support. But there will be a great deal of resistance along the way, as the narrow interests of both Big Government and Big Business try to contain the Net’s potential within the scope of their own ambitions. Still the evolutionary direction of the Net is toward ambient connectivity. Whatever that looks and feels like, it won’t resemble either the phone system or cable TV. Rather it will look like everything, together.

That’s the long-term optimistic view. Meanwhile, there is much cause for pessimism in the short term.

My sister Jan — student of history, Navy vet and a Wise One — sent me an email a couple days ago that I thought would make a good guest post. She said yes to that suggestion and here it is…

Is the new born-in-connectivity generation going to re-define privacy?   They may try — from the comfort of their parents’ homes or the cocoon of youth — but first they have to understand what constitutes privacy.  They are going to learn, albeit the hard way, that what you make available is no longer private and therefore you cannot expect it to be protected by the norms of privacy.  The norms of privacy, however, aren’t universally understood.

America is one of the few — perhaps the only if we’re talking large scale — modern countries that was created though one people’s individual exploration and individual settlement into an ever-moving frontier.  After initial sputtering wealth-seeking attempts, the true settlement along the coast line of north America was primarily under private sponsorship rather than military incursion.   It was “relatively” benign colonization in that the goal was not to annihilate, enslave or ‘save’ the indigenous people through religious conversion or education.  The arriving colonists primarily sought freedom to work and worship and the opportunity to better their lives and raise their social standing.  The principal asset needed to obtain those goals was land, which was seen as limitless and free for the taking provided the native population withdrew beyond the frontier and one had the strength and determination to tame the land as needed.

The leading edge of this frontier movement started with those who built the original settlements in the early 17th century and continued to move out in the lower 48 until the mid-20th century and in very remote areas continues still.  The “frontier” society was composed of people who took the initiative and individually ventured into new areas where there was little law, oversight or judgement.  Although they brought morals and manners of every social strata, they also had to rely on each other and build some form of community where ever they settled in order to survive and thrive.  But in the frontier, in the place of established laws, there were protocols — unwritten codes of correct conduct — born of common consent and enforced by common acceptance  that enabled the community to function, grow and improve.  These protocols became the societal norm for most of the expansion into the US as it is today.

In the rest of the world connected by the major trade routes during this same period, societies grew and countries were formed primarily from the top down by gathering like together, or by force, and they were ruled through laws and protocols that came into being to enable financial investors, religions or conquerors to subjugate and /or extort populations.

But America came into existence and continued to expand as one contiguous country because the key unifying principle was individual liberty, and our legal and societal norms developed to support that principle.  This is what made America so singular as a nation in it’s early days. This is at the heart of what some call exceptionalism today.  Exceptional may be an egotistical term for it — as Putin just called it and as the push-backers deny — if one interprets exceptional as being “above average,” or “extraordinary” or any other superlative.  But America is exceptional if one uses the term in the context of “deviation from the norm.”

Now overlay this frontier concept onto the development of the Internet and our other networking systems.  How were they developed?  Was it by governments pushing out into or conquering a new frontier with laws and protocols in hand or was it by individuals determining the most effective protocols that would help them solidify what they had achieved and enable them to push the frontier borders out further, wider and deeper?

A unique concept of individual privacy was part of America’s frontier society;  it wasn’t a place of one’s past but rather a place of new starts, of re-creation, a place where a person made themselves anew, a place where it didn’t matter where or what you came from but rather where you were going and what you would do.  Therefore individual privacy became an expectation rather than an exception in the country that frontier society created.

However, that ingrained individualism is not the norm in the rest of the world, a world that technology has rapidly connected.  As of today, the concept of individual privacy is not universally understood, now that online, networked and connected  technology is at a confluence of cultures.  Because of the universality of the usage of connective technology, privacy is going to need a universally accepted definition.  And at the heart of privacy is the idea of identity:  is it vested in the individual or the collective?

Last Saturday evening I was walking up Wadsworth Avenue in Manhattan, a few blocks north of 181st Street, when I passed a group of people sitting sitting on the steps of an apartment building. They were talking, drinking, eating snacks and listening to a boom box set to 94.9FM. A disc jockey chattered in Spanish, followed by music. I noticed the frequency because I’m a lifelong radio guy, and I know there isn’t a licensed station on that channel in New York. The closest is WNSH, called “Nash,” a country-music station in Newark, on 94.7. Given the disc jockey and what little I heard of the sound of 94.9, I was sure the station was a pirate and not just somebody with one of those short-range transmitters you can jack into a phone or a pad.

Before I started hanging at this end of Manhattan I thought the pirate radio game was up. After all, that was the clear message behind these stories:

But where I mostly hang is a Manhattan apartment that is highly shadowed from FM signals coming from the Empire State Building and 4 Times Square downtown. (That’s where all New York’s main licensed stations radiate from.) Between those transmitters and our low-floor apartment are about a hundred blocks of apartment buildings. Meanwhile, our angle to the North and East (toward The Bronx both ways) is a bit less obstructed. From here I get pirate signals on all these channels:

  • 88.1
  • 88.7
  • 89.3
  • 89.7
  • 91.3
  • 94.5
  • 94.9
  • 959
  • 98.1
  • 98.9
  • 99.7
  • 102.3
  • 103.3
  • 104.7 (Same as the busted one? Sounds like it.)
  • 105.5

I can tell most are pirates because they tend to disappear in the morning. Nearly all are in Spanish and most play varieties of Caribbean music. (Which I wish I could understand what the disc jockeys say, but I don’t.)

As for 94.9, here’s how it looks on the display of the Teac 100 HD radio in our kitchen:

Estacion Rika

RDBS is the standard used for displaying information about a station.  The longer scroll across the bottom says “OTRA ESTACION RIKA.” Looking around a bit on the Web for that, I found this page, which says (among much else) “La administración de Rika 94.5 FM  Rikafm.com)…” So I went to RikaFM.com, where a graphic at the top of the page says “‘FCC Part 15 Radio Station’.” Part 15 is what those tiny transmitters for your mobile device have to obey. It’s an FCC rule on interference that limits the range of unlicensed transmissions to a few feet, not a few miles. So clearly this is a claim, not a fact. I’ve listened in the car as well, and the signal is pretty strong. Other links at RikaFM go to its Facebook and Twitter pages. The latter says “3ra Radio en la cuidad de New York Rika fm una estacion con talentos joven cubriendo toda la ciudad de NY musica variada 24hrs.,” which Google Chrome translates to “The 3rd Radio in the city of New York RikaFM a station with young talents covering all the varied music NYC 24hrs.”

To me this phenomenon is radio at its best. I hope somebody fluent in Spanish and hip to Caribbean music and culture will come up here and study the phenomenon a bit more closely. Because the mainstream media (thus far — consider this a shout-out, @VivianYee :-) ) is just coving a few minutes of the authorities’ losing game of whack-a-mole.

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