<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	xmlns:creativeCommons="http://backend.userland.com/creativeCommonsRssModule"
>

<channel>
	<title>Doc Searls Weblog &#187; Politics</title>
	<atom:link href="http://blogs.law.harvard.edu/doc/category/politics/feed/" rel="self" type="application/rss+xml" />
	<link>http://blogs.law.harvard.edu/doc</link>
	<description>Same old blog, brand new place</description>
	<lastBuildDate>Wed, 25 Nov 2009 18:50:27 +0000</lastBuildDate>
	<generator>http://wordpress.org/?v=2.8.4</generator>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
		<item>
		<title>The Infrastructure Dynamic</title>
		<link>http://blogs.law.harvard.edu/doc/2009/11/25/the-infrastructure-dynamic/</link>
		<comments>http://blogs.law.harvard.edu/doc/2009/11/25/the-infrastructure-dynamic/#comments</comments>
		<pubDate>Wed, 25 Nov 2009 18:43:21 +0000</pubDate>
		<dc:creator>Doc Searls</dc:creator>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[Life]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Science]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[infrastructure]]></category>
		<category><![CDATA[problems]]></category>
		<category><![CDATA["Bob Frankston"]]></category>
		<category><![CDATA["Dave Winer"]]></category>
		<category><![CDATA["Net Neutrality"]]></category>
		<category><![CDATA[Bing]]></category>
		<category><![CDATA[dynamic]]></category>
		<category><![CDATA[google]]></category>
		<category><![CDATA[internet]]></category>
		<category><![CDATA[Krakatoa]]></category>
		<category><![CDATA[Montserrat]]></category>
		<category><![CDATA[Net]]></category>
		<category><![CDATA[oxygen]]></category>
		<category><![CDATA[Pompeii]]></category>
		<category><![CDATA[suckage]]></category>
		<category><![CDATA[The Regulatorium]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/doc/?p=2302</guid>
		<description><![CDATA[I just posted Rupert Murdoch vs. The Web, over at Linux Journal. In it I suggest that the Murdoch story (played mostly as Bing vs Google) is a red herring, and that the real challenge is to free the Web and ourselves from dependencies from giant companies I liken to volcanoes:
We&#8217;re Pompeians, Krakatoans, Montserratans, building [...]]]></description>
			<content:encoded><![CDATA[<p>I just posted <a href="http://www.linuxjournal.com/content/rupert-murdoch-vs-web">Rupert Murdoch vs. The Web</a>, over at <a href="http://www.linuxjournal.com/content/rupert-murdoch-vs-web">Linux Journal</a>. In it I suggest that the Murdoch story (played mostly as Bing vs Google) is a red herring, and that the real challenge is to free the Web and ourselves from dependencies from giant companies I liken to volcanoes:</p>
<blockquote><p>We&#8217;re <a href="http://www.gutenberg.org/files/17290/17290-h/17290-h.htm">Pompeians</a>, <a href="http://en.wikipedia.org/wiki/Krakatoa">Krakatoans</a>, <a href="http://en.wikipedia.org/wiki/Montserrat">Montserratans</a>, building cities and tilling farms on the slopes of active volcanoes. Always suckers for stories, we&#8217;d rather take sides in <a href="http://www.techcrunch.com/2009/11/13/murdoch-google-bing-mexicanstandoff/">wars between competing volcanoes</a> than <a href="http://www.scripting.com/stories/2009/11/17/illBuildTheRefugeeCamps.html">build civilization</a> on more flat and solid ground where there&#8217;s room enough for everybody.</p>
<p>Google and Bing are both volcanoes. Both grace the Web&#8217;s landscape with lots of fresh and fertile ground. They are good to have in many ways. But they are not the Earth below. They are not what gives us gravity.</p></blockquote>
<p>I  think one problem here is a disconnect between belief systems about markets, and the stories that arise from them.</p>
<p>One system believes a free market is Your Choice of Captor. In this camp I put both the <a href="http://www.linuxjournal.com/article/6989">make-it/take-it</a> mentality (where &#8220;winners&#8221; are rewarded and &#8220;losers&#8221; punished) of the Wall Street Journal (which a few months ago looked upon the regulated duopolies for Internet access as the &#8220;free market&#8221; at work) and those who see business (or corporations, or capitalism, or all three) as a problem and look to government &#8212; another monopoly &#8212; for remedy from these evils in the marketplace. In other words, I lump both the left and the right in here, along with the conflicts between them.</p>
<p>The other system sees markets as settings for human activity: the locations, both real and virtual, where people and their organizations meet to do business, make culture, and build civilization. Here I put nearly everybody who contributed the structural agreements that made the Internet possible, and who truly understand what it is and how it works, even if they can&#8217;t all agree on <a href="http://www.boingboing.net/2009/11/15/apple-patents-anti-u.html">what metaphors to use</a> for it. I also include all who have contributed, and continue to contribute, to the free and open code bases with which we are building out our networked world. While political beliefs among members of this system may sort somewhere along the right-vs.-left axis, what they do to build the world is orthogonal to that axis. That&#8217;s one big reason why that work escapes notice.</p>
<p>The distinction I see here aligns well with <a href="http://www.dynamist.com/weblog/">Virginia Postrel</a>&#8217;s <a href="http://www.quebecoislibre.org/younkins15.htm">contrast between</a> &#8220;stasists&#8221; and &#8220;dynamists&#8221;. The difference is that much of what gets done to make the networked world (and to support its dynamism) isn&#8217;t &#8220;dynamic&#8221; in the active and dramatic sense of the word &#8212; except in its second-order effects. For example, SMTP and IMAP are not dynamic. (Being mannerly technical agreements, protocols don&#8217;t do that.) But on those protocols (and related ones) email happened, and the world hasn&#8217;t been the same since.</p>
<p>With that distinction in mind, I suggest that too much oxygen suckage is wasted on &#8220;wars&#8221; between the stasists (some of whom are also into the superficially dynamistic attention-suck of vendor sports &#8212; <a href="http://searls.com/m+n.html">here&#8217;s an oldie but goodie</a> that still makes my <a href="http://searls.com/m+n.html">point</a>), and not enough on constructive work done by geeks and entrepreneurs who quietly build the original and useful stuff that serves as solid infrastructure on which countless public goods (including wealth creation beyond measure) can be generated.</p>
<p>We have the same problem in most <a href="http://www.google.com/search?q=net+neutrality">net neutrality</a> arguments. The right hates it, the left loves it. One looks to protect the &#8220;free market&#8221; of phone and cable companies (currently a Your-Choice-of-Captor system) while the other looks to government (meet your new captor) for relief. When in fact the whole thing has happened all along within what Bob Frankston <a href="http://www.frankston.com/public/?name=1076980277296-19607">calls The Regultorium</a>.</p>
<p>The primary dynamism of the Internet &#8212; what gave us the Net in the first place, and what holds the most promise in the long run &#8212; doesn&#8217;t just come from those parties, and can&#8217;t be found in the arguments they&#8217;re having. It comes from low-box-office geekery that supports enormous new business opportunities (along with many public benefits, with or without business).</p>
<p>It&#8217;ll take time to see this, I guess. Just hope we don&#8217;t drown in lava in the meantime.</p>
<p>Bonus red herring: <a href="http://www.scripting.com/stories/2009/11/24/whoGetsTheirNewsFromGoogle.html">A lot of news really isn&#8217;t</a>.</p>
]]></content:encoded>
			<wfw:commentRss>http://blogs.law.harvard.edu/doc/2009/11/25/the-infrastructure-dynamic/feed/</wfw:commentRss>
		<slash:comments>5</slash:comments>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
	</item>
		<item>
		<title>Beyond Social Media</title>
		<link>http://blogs.law.harvard.edu/doc/2009/11/11/beyond-social-media/</link>
		<comments>http://blogs.law.harvard.edu/doc/2009/11/11/beyond-social-media/#comments</comments>
		<pubDate>Wed, 11 Nov 2009 15:06:53 +0000</pubDate>
		<dc:creator>Doc Searls</dc:creator>
				<category><![CDATA[Berkman]]></category>
		<category><![CDATA[Blogging]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[Cluetrain]]></category>
		<category><![CDATA[Events]]></category>
		<category><![CDATA[Live Web]]></category>
		<category><![CDATA[Politics]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/doc/2009/11/11/beyond-social-media/</guid>
		<description><![CDATA[Consider the possibility that &#8220;social media&#8221; is a crock.
Or at least bear with that thought through Defrag, which takes place in Denver over today and Thursday, and for which the word &#8220;social&#8221; appears seventeen times in the agenda. (Perspective: &#8220;cloud&#8221; appears three times, and &#8220;leverage&#8221; twice.) 
What prompts the crock metaphor is this survey, to [...]]]></description>
			<content:encoded><![CDATA[<p>Consider the possibility that &#8220;social media&#8221; is a crock.</p>
<p>Or at least bear with that thought through <a href="http://defragcon.com/2009/DEFRAG09-Home.htm">Defrag</a>, which takes place in Denver over today and Thursday, and for which the word &#8220;social&#8221; appears seventeen times in the <a href="http://defragcon.com/2009/DEFRAG09-Agenda.htm">agenda</a>. (Perspective: &#8220;cloud&#8221; appears three times, and &#8220;leverage&#8221; twice.) </p>
<p>What prompts the crock metaphor is <a href="http://spreadsheets.google.com/viewform?formkey=dHo2TUNWTWZ0RWNUcEU0MF95NllMZHc6MA">this survey</a>, to which I was pointed by <a href="http://twitter.com/hrheingold/status/5567187244">this tweet</a> from <a href="http://www.rheingold.com/">Howard Rheingold</a>. (I don&#8217;t know if the survey is by students of Howard&#8217;s <a href="http://socialmediaclassroom.com/digitaljournalism09/">Digital Journalism Workspace</a> class, though I assume so.)</p>
<p>While the survey is fine for its purposes (mostly probing Twitter-based social media marketing) and I don&#8217;t mean to give it a hard time, it does a nice job at bringing up a <a href="http://www.youtube.com/watch?v=S_CWBjyIERY">framing</a> issue for social media that has bothered me for some time. You can see it in the survey&#8217;s first two questions: <i>What Social Media platforms do you use?</i> and <i>How often are you on social media sites?</i> </p>
<p>The frame here is <i>real estate</i>. Or, more precisely, <i>private</i> real estate. Later questions in the survey assume is that social media is something that happens on private platforms, Twitter in particular. This is a legitimate assumption, of course, and that&#8217;s why I have a problem with it. That tweeting it is a private breed of <a href="http://en.wikipedia.org/wiki/Microblogging">microblogging</a> verges on irrelevance. Twitter is now as necessary to tweeting as Google is to search. It&#8217;s a public activity under private control. </p>
<p>Missing in action is credit to what goes below private platforms like Twitter, MySpace and Facebook &#8212; namely the Net, the Web, and the growing portfolio of standards that comprise the deep infrastructure, the geology, that makes social media (and everything else they support) possible. </p>
<p>Look at four other social things you can do on the Net (along with the standards and protocols that support them): email (SMTP, POP3, IMAP, MIME); blogging (HTTP, XML, RSS, Atom); podcasting (RSS); and instant messaging (IRC, XMPP, SIP/SIMPLE). Unlike private social media platforms, these are NEA: Nobody owns them, Everybody can use them and Anybody can improve them. That&#8217;s what makes them <a href="http://www.linuxjournal.com/content/understanding-infrastructure">infrastructural</a> and <a>generative</a>.  (Even in cases where protocols were owned, such as by <a href="http://scripting.com/">Dave Winer</a> with <a href="http://cyber.law.harvard.edu/rss/rss.html">RSS</a>, <a href="http://www.scripting.com/stories/2008/05/21/podcastingAndRssAtBerkman.html">efforts were made</a> to remove ownership as an issue.)</p>
<p>Tweeting today is in many ways like instant messaging was when the only way you could do it was with AOL, Microsoft, Yahoo, Apple and ICQ. All were silos, with little if any interoperabiity. Some still are. Check out <a href="http://en.wikipedia.org/wiki/Comparison_of_instant_messaging_protocols">this list of instant messaging protocols</a>. It&#8217;s a mess. That&#8217;s because so many of the commonly-used platforms of ten years ago are still, in 2009, private silos. There&#8217;s a degree of interoperability, thanks mostly to Google&#8217;s <a href="http://www.google.com/talk/otherclients.html">adoption of XMPP</a> (aka Jabber) as an IM protocol (Apple and <a href="http://gigaom.com/2009/11/05/facebook-xmpp-adium-chat/">Facebook</a> have too). But it&#8217;s going slow because AOL, MSN and Yahoo remain isolated in their own silos. Or, as <a href="http://searls.com/whitman.html">Walt Whitman put it</a>, &#8220;demented with the mania of owning things&#8221;. With tweeting we do have interop, and that&#8217;s why tweeting has taken off while IM stays stagnant. But we don&#8217;t have NEA with Twitter, and that&#8217;s why tweeting is starting to stagnate, and developers like <a href="http://scripting.com/">Dave</a> are <a href="http://rsscloud.org/walkthrough.html">working</a> on getting past it.</p>
<p>Here&#8217;s my other problem with &#8220;social media&#8221; as it shows up in too many of the 103 million <a>results it currently brings up</a> on Google: as a concept (if not as a practice) it subordinates the personal.</p>
<p>Computers are personal now. So are phones. So, fundamentally, is everything each of us does. It took decades to pry computing out of central control and make it personal. We&#8217;re in the middle of doing the same with telephony &#8212; and everything else we can do on a hand-held device. </p>
<p>Personal and social go hand-in-hand, but the latter builds on the former.</p>
<p>Today in the digital world we still have very few personal tools that work <i>only for us</i>, are <i>under personal control</i>, are NEA, and are not provided as a grace of some company or other. (If you can only get it from somebody site, it ain&#8217;t personal.) That&#8217;s why I bring up email, blogging, podcasting and instant messaging. Yes, there are plenty of impersonal services involved in all of them, but those services don&#8217;t own the category. We can swap them out. They are, as the economists say, substitutable. </p>
<p>But we&#8217;re not looking at the personal frontier because the social one gets all the attention &#8212; and the investment money as well.</p>
<p>Markets are built on the individuals we call customers. They&#8217;re where the ideas, the conversations, the intentions (to buy, to converse, to relate) and the money all start. Each of us, as individuals, are the natural <a href="http://www.socialcustomer.com/2009/11/the-laws-of-vrm.html">points of integration of our own data</a> &#8212; and of origination about what gets done with it. </p>
<p>Individually-empowered customers are the ultimate greenfield for business and culture. Starting with the social keeps us from working on empowering individuals natively. That most of the social action is in silos and pipes of hot and/or giant companies slows things down even more. They may look impressive now, but they are a drag on the future.</p>
<p>Defrag wraps tomorrow with a joint keynote titled &#8220;Cluetrain at 10&#8243;. On stage will be <a href="http://confusedofcalcutta.com/">JP Rangaswami</a>, <a href="http://www.rageboy.com/blogger.html">Chris Locke</a>, <a href="http://www.sethellischocolatier.com/">Rick Levine</a> and yours truly, representing four out of the seven contributors to <a href="http://www.amazon.com/exec/obidos/ASIN/0465018653/ref=nosim/entropygradientr">the new 10th Anniversary Edition of The Cluetrain Manifesto</a>.  We don&#8217;t have plans for the panel yet, but I want it to be personal as well as social, and a conversation with the rest of the crowd there. Among other things I want to probe what we&#8217;re not doing because &#8220;social&#8221; everything is such a bubble of buzz right now.</p>
<p>See some of ya there. And the rest of you on the backchannels.</p>
]]></content:encoded>
			<wfw:commentRss>http://blogs.law.harvard.edu/doc/2009/11/11/beyond-social-media/feed/</wfw:commentRss>
		<slash:comments>42</slash:comments>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
	</item>
		<item>
		<title>To win, you need to play</title>
		<link>http://blogs.law.harvard.edu/doc/2009/10/09/to-win-you-need-to-play/</link>
		<comments>http://blogs.law.harvard.edu/doc/2009/10/09/to-win-you-need-to-play/#comments</comments>
		<pubDate>Fri, 09 Oct 2009 17:08:56 +0000</pubDate>
		<dc:creator>Doc Searls</dc:creator>
				<category><![CDATA[News]]></category>
		<category><![CDATA[Politics]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/doc/2009/10/09/to-win-you-need-to-play/</guid>
		<description><![CDATA[My first reaction to the news this morning aligns almost exactly with Matt Welch&#8217;s&#8230;




My wife woke me with the ridiculous news that Barack Obama, who has been in office for eight months and achieved no notable peace, won the Nobel Peace Prize.







&#8220;Seriously, what has he done?&#8221; I asked.



The short answer is: speak. We didn&#8217;t pay [...]]]></description>
			<content:encoded><![CDATA[<p>My first reaction to <a href="http://www.nytimes.com/2009/10/10/world/10nobel.html">the news</a> this morning aligns almost exactly with <a href="http://reason.com/blog/2009/10/09/nobel-wtf">Matt Welch&#8217;s</a>&#8230;</p>
<table border="0" cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td width="25"></td>
<td>My wife woke me with the <a href="http://www.washingtonpost.com/wp-dyn/content/article/2009/10/09/AR2009100900914.html">ridiculous news</a> that Barack Obama, who has been in office for eight months and achieved no notable peace, won the Nobel Peace Prize.</td>
</tr>
</tbody>
</table>
<table border="0" cellspacing="0" cellpadding="0">
<tbody>
<tr>
<td width="25"></td>
<td>&#8220;Seriously, what has he done?&#8221; I asked.</td>
</tr>
</tbody>
</table>
<p>The short answer is: speak. We didn&#8217;t pay much attention on this side of the pond, but Barack Obama&#8217;s speeches in <a href="http://www.huffingtonpost.com/2009/06/04/obama-speech-in-cairo-vid_n_211215.html">Cairo</a> and <a href="http://www.huffingtonpost.com/2008/07/24/obama-in-berlin-video-of_n_114771.html">Berlin</a> were smash <a href="http://www.america.gov/st/peacesec-english/2009/June/20090605134153dmslahrellek0.8701593.html">hits</a>. The guy is a star. He gives the world hope that the U.S. isn&#8217;t fucking nuts after all. This is not a small thing. But there is a huge difference between promise and delivery. Gas alone is not transportation. You gotta drive.</p>
<p>Obama ran (and voted) against the wars in <strike>Iran</strike> Iraq and Afghanistan. Both continue under his command. He backed off on missle installations in Poland and got warm reciprocal sounds out of the Kremlin, which is &#8230; something, I guess. He has led efforts toward peace between Israel and its neighbors, but every U.S. president since the founding of Israel has done that. Or tried. Results so far&#8211;on any of this? <a href="http://www.cnn.com/2009/SHOWBIZ/TV/10/07/snl.politics.obama/index.html">Nada</a>.</p>
<p>I&#8217;m all for giving the guy a chance, but why hang a garland on him when the race has hardly begun?</p>
<p>The generous take is <a href="http://andrewsullivan.theatlantic.com/the_daily_dish/2009/10/peace-prize-reax-iii.html#more">Andrew Sullivan&#8217;s</a>: &#8220;I seem to be one of the few who sees this as a downpayment on a potential transformative period in world history. History alone can judge that, and history hasn&#8217;t happened yet.&#8221;</p>
<p>Add one more burden to those the president carries already: <a href="http://andrewsullivan.theatlantic.com/the_daily_dish/2009/10/all-over-the-world.html">proving</a> that the Nobel committe hasn&#8217;t jumped the shark. Peace of cake.</p>
]]></content:encoded>
			<wfw:commentRss>http://blogs.law.harvard.edu/doc/2009/10/09/to-win-you-need-to-play/feed/</wfw:commentRss>
		<slash:comments>8</slash:comments>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
	</item>
		<item>
		<title>Lessig on Dependence and Independence</title>
		<link>http://blogs.law.harvard.edu/doc/2009/10/08/lessig-on-dependence-and-independence/</link>
		<comments>http://blogs.law.harvard.edu/doc/2009/10/08/lessig-on-dependence-and-independence/#comments</comments>
		<pubDate>Thu, 08 Oct 2009 20:54:16 +0000</pubDate>
		<dc:creator>Doc Searls</dc:creator>
				<category><![CDATA[Berkman]]></category>
		<category><![CDATA[Events]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[problems]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/doc/2009/10/08/lessig-on-dependence-and-independence/</guid>
		<description><![CDATA[First, Larry Lessig gives some of the best sermons in academia. Or anywhere. He is so freaking good. That Larry&#8217;s a master presentationist is secondary to his excellence in the art of homiletics, in the sense that Ray Charles&#8217; piano mastery was secondary to his transcendent skills as a singer, a composer, a performer.
Instituional corruption [...]]]></description>
			<content:encoded><![CDATA[<p>First, <a href="http://lessig.org">Larry Lessig</a> gives some of the best sermons in academia. Or anywhere. He is so freaking good. That Larry&#8217;s a master presentationist is secondary to his excellence in the art of <a href="http://en.wikipedia.org/wiki/Homiletics">homiletics</a>, in the sense that Ray Charles&#8217; piano mastery was secondary to his transcendent skills as a singer, a composer, a performer.</p>
<p><a href="http://www.ethics.harvard.edu/news-and-events/lectures-and-events">Instituional corruption is the topic of today&#8217;s Lessig talk</a>, at Harvard&#8217;s Kennedy School. Taking notes live. </p>
<p>Early point. The country&#8217;s founders value <i>independence</i> as, among other things, the absence of depencence. Or dependence on the wrong influences. Some great quotes, which I just missed.</p>
<p>Now he&#8217;s unpacking influence. Giving examples. </p>
<p>Lobbying now a $9 billion industry. One lobbyist earned more than $100 million in that industry (missed the name).</p>
<p>Hall &amp; Deardorff (in American Political Science Review): Lobbying as subsidy.</p>
<p>Mazolli: lobbyists just get &#8220;access,&#8221; which is not influence. Easy cases allow us to charitably let that slide. </p>
<p>Example after example. Nutrition. Global Warming. Copyright. Health Care. Taking money is standard now. John Stennis, long dead and hardly a paragon of probity, quoted as opposing it. Lead in gasoline.</p>
<p>Side thought: to what degree are Harvard (or any major university) and its schools and centers, <i>industries</i>? Or <i>influential within</i> industries? Or influential within government? How many Harvard veterans now work in the Obama administration? (The same might have been asked about Yale veterans for some earlier administrations. Or for Berkeley in the California state government.) This isn&#8217;t taking money, or taking people; but rather an aspect of echo-chamberism. Perhaps. Not sure. I&#8217;m expecting Larry to visit this later. Hope he will, anyway. </p>
<p>Larry: The real decline of journalsim began happening long before the Internet came along. It began in the &#8217;70s and &#8217;80s when papers and broadcasters sold out to giants that could give a damn about the institutional missions, of community, and the rest of it. Or he&#8217;s citing sources and claims on that.</p>
]]></content:encoded>
			<wfw:commentRss>http://blogs.law.harvard.edu/doc/2009/10/08/lessig-on-dependence-and-independence/feed/</wfw:commentRss>
		<slash:comments>5</slash:comments>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
	</item>
		<item>
		<title>Primary needs for political tools</title>
		<link>http://blogs.law.harvard.edu/doc/2009/09/12/primary-needs-for-political-tools/</link>
		<comments>http://blogs.law.harvard.edu/doc/2009/09/12/primary-needs-for-political-tools/#comments</comments>
		<pubDate>Sat, 12 Sep 2009 20:08:15 +0000</pubDate>
		<dc:creator>Doc Searls</dc:creator>
				<category><![CDATA[Events]]></category>
		<category><![CDATA[Fun]]></category>
		<category><![CDATA[Future]]></category>
		<category><![CDATA[Ideas]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[VRM]]></category>
		<category><![CDATA[Britt Blaser]]></category>
		<category><![CDATA[Diane Francis]]></category>
		<category><![CDATA[elections]]></category>
		<category><![CDATA[grm]]></category>
		<category><![CDATA[ivote4u]]></category>
		<category><![CDATA[NY]]></category>
		<category><![CDATA[NYC]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/doc/?p=2074</guid>
		<description><![CDATA[For years I&#8217;ve been watching my old pal Britt Blaser work to improve the means by which citizens manage their elected politicians, and otherwise improve governance in our democracy.
Now comes Diane Francis, veteran columnist for the National Post in Canada (but yes, she&#8217;s an American), summarizing the good that should come from Britt&#8217;s latest: iVote4U, [...]]]></description>
			<content:encoded><![CDATA[<p>For years I&#8217;ve been watching my old pal Britt Blaser work to improve the means by which citizens manage their elected politicians, and otherwise improve governance in our democracy.</p>
<p>Now comes <a href="http://www.dianefrancis.com/">Diane Francis</a>, veteran columnist for the National Post in Canada (but yes, she&#8217;s an American), <a href="http://www.huffingtonpost.com/diane-francis/new-yorks-digitized-dems_b_279979.html">summarizing the good that should come</a> from Britt&#8217;s latest: <a href="http://ivote4u.us/">iVote4U</a>, and its<a href="http://nyc.ivote4u.us/"> trial run toward the elections in New York</a> coming up in just a few days. <em>New York&#8217;s Digitized Dems Can Take Over City Council Sept. 15</em>, says the headline. In addition to the Drupal sites of the last two links, there is <a href="http://apps.facebook.com/ivoteforunyc/main/voter_card">a Facebook app</a> as well.</p>
<p>The idea, sez Britt, is &#8220;to give voters a way to manage their politicians as easily as they manage their iTunes&#8221;. If you&#8217;re a New Yorker who plans to vote next week, give it a whirl. If enough of you do, you might begin to see what we call Government Relationship Management (or GRM) at work.</p>
<p>iVote4U pioneers as a <a href="http://blogs.law.harvard.edu/vrm/2009/04/12/vrm-and-the-four-party-system/">fourth party</a> service.Follow that link for more on what I mean by that; or check out <a href="http://blog.joeandrieu.com/2009/04/26/introducing-user-driven-services/?PHPSESSID=2d9933f53e6f59acf745cfee2c81633f">Joe Andrieu&#8217;s series on user driven services</a>. If we want government that is truly <em>of</em>, <em>by</em> and <em>for</em> the people, we need tools that give meaning to those prepositions. Especially the first two. Britt has dedicated his life to providing those tools. Give them a try.</p>
<p>You don&#8217;t need to be a Democrat, by the way. These tools should work equally well for voters of all political bendings.</p>
]]></content:encoded>
			<wfw:commentRss>http://blogs.law.harvard.edu/doc/2009/09/12/primary-needs-for-political-tools/feed/</wfw:commentRss>
		<slash:comments>3</slash:comments>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
	</item>
		<item>
		<title>Thinking outside the Internet box</title>
		<link>http://blogs.law.harvard.edu/doc/2009/08/28/thinking-outside-the-internet-box/</link>
		<comments>http://blogs.law.harvard.edu/doc/2009/08/28/thinking-outside-the-internet-box/#comments</comments>
		<pubDate>Fri, 28 Aug 2009 15:00:01 +0000</pubDate>
		<dc:creator>Doc Searls</dc:creator>
				<category><![CDATA[Business]]></category>
		<category><![CDATA[Future]]></category>
		<category><![CDATA[Gear]]></category>
		<category><![CDATA[Ideas]]></category>
		<category><![CDATA[Past]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[infrastructure]]></category>
		<category><![CDATA[problems]]></category>
		<category><![CDATA[ABC]]></category>
		<category><![CDATA[AM]]></category>
		<category><![CDATA[Brett Glass]]></category>
		<category><![CDATA[Broadband Politics]]></category>
		<category><![CDATA[CBS]]></category>
		<category><![CDATA[cloud]]></category>
		<category><![CDATA[Erik Cecil]]></category>
		<category><![CDATA[FM]]></category>
		<category><![CDATA[fox]]></category>
		<category><![CDATA[Hammarlund]]></category>
		<category><![CDATA[Hammarlund HQ-129x]]></category>
		<category><![CDATA[information service]]></category>
		<category><![CDATA[internet]]></category>
		<category><![CDATA[NBC]]></category>
		<category><![CDATA[New Jersey]]></category>
		<category><![CDATA[new york]]></category>
		<category><![CDATA[Nicholas Carr]]></category>
		<category><![CDATA[ota]]></category>
		<category><![CDATA[PBS]]></category>
		<category><![CDATA[projectvrm]]></category>
		<category><![CDATA[regulatory capture]]></category>
		<category><![CDATA[Richard Bennett]]></category>
		<category><![CDATA[Sporadic E]]></category>
		<category><![CDATA[telecommunication service]]></category>
		<category><![CDATA[television]]></category>
		<category><![CDATA[towers]]></category>
		<category><![CDATA[uhf]]></category>
		<category><![CDATA[utility]]></category>
		<category><![CDATA[vhf]]></category>
		<category><![CDATA[VRM]]></category>
		<category><![CDATA[Wealth of Networks]]></category>
		<category><![CDATA[Yochai Benkler]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/doc/?p=2010</guid>
		<description><![CDATA[A couple days ago I responded to a posting on an email list. What I wrote struck a few chords, so I thought I&#8217;d repeat it here, with just a few edits, and then add a few additional thoughts as well. Here goes.
Reading _____&#8217;s references to ancient electrical power science brings to mind my own [...]]]></description>
			<content:encoded><![CDATA[<p>A couple days ago I responded to a posting on an email list. What I wrote struck a few chords, so I thought I&#8217;d repeat it here, with just a few edits, and then add a few additional thoughts as well. Here goes.</p>
<blockquote><p>Reading _____&#8217;s references to ancient electrical power science brings to mind my own technical background, most of which is now also antique. Yet that background still informs of my understanding of the world, and my curiosities about What&#8217;s Going On Now, and What We Can Do Next. In fact I suspect that it is because I know so much about old technology that I am  bullish about framing What We Can Do Next on both solid modern science and maximal liberation from technically obsolete legal and technical frameworks &#8212; even though I struggle as hard as the next geek to escape those.</p>
<p>(Autobiographical digression begins here. If you&#8217;re not into geeky stuff, skip.)</p>
<p>As a kid growing up in the 1950s and early &#8217;60s I was obsessed with electricity and radio. I studied electronics and RF transmission and reception, was a ham radio operator, and put an inordinate amount of time into studying how antennas worked and electromagnetic waves propagated. From my home in New Jersey&#8217;s blue collar suburbs, I would ride my bike down to visit the transmitters of New York AM stations in the stinky tidewaters flanking the Turnpike, Routes 46 and 17, Paterson Plank Road and the Belleville Pike. (Nobody called them &#8220;Meadowlands&#8221; until many acres of them were paved in the &#8217;70s to support a sports complex by that name.) I loved hanging with the old guys who manned those transmitters, and who were glad to take me out on the gangways to show how readings were made, how phasing worked (sinusoidal synchronization again), how a night transmitter had to address a dummy load before somebody manually switched from day to night power levels and directional arrays. After I learned to drive, my idea of a fun trip was to visit FM and TV transmitters on the tops of buildings and mountains. (Hell, I <a href="http://www.flickr.com/photos/docsearls/sets/72157600830655203/">still do that</a>.) Thus I came to understand skywaves and groundwaves, soil and salt water conductivity, ground systems, directional arrays and the inverse square law, all in the context of practical applications that required no shortage of engineering vernacular and black art.</p>
<p>I also obsessed on the reception end. In spite of living within sight of nearly every New York AM transmitter (<a href="http://www.bing.com/maps/default.aspx?v=2&amp;FORM=LMLTCP&amp;cp=qtd9cg8ttv6m&amp;style=b&amp;lvl=1&amp;tilt=-90&amp;dir=0&amp;alt=-1000&amp;phx=0&amp;phy=0&amp;phscl=1&amp;scene=23698571&amp;encType=1">WABC&#8217;s tower</a> was close that we could hear its audio in our kitchen toaster), I logged more than 800 AM stations on my 40s-vintage <a href="http://www.antiquewireless.org/otb/comsrcvr0503.htm">Hammarlund HQ-129x</a> receiver, which is still in storage at my sister&#8217;s place. That&#8217;s about 8 stations per channel. I came to understand how two-hop skywave reflection off the E layer of the ionosphere favored flat land or open water midway between transmission and reception points . This, I figured, is why I got <a href="http://www.fybush.com/sites/2008/site-080509.html">KSL</a> from Salt Lake City so well, but <a href="http://en.wikipedia.org/wiki/WOAI_(AM)">WOAI</a> from San Antonio hardly at all. (Both were &#8220;clear channel&#8221; stations in the literal sense &#8212; nothing else in North America was on their channels at night, when the ionosphere becomes reflective of signals on the AM band.) Midpoint for the latter lay within the topographical corrugations of the southern Apalachians. Many years later I found this theory supported by listening in Hawaii to AM stations from Western North America, on an ordinary car radio. I&#8217;m still not sure why I found those skywave signals fading and distorting (from multiple reflections in the very uneven ionosphere) far less than those over land. I am sure, however, that most of this hardly matters at all to current RF and digital communication science. After I moved to North Carolina, I used <a href="http://en.wikipedia.org/wiki/Sporadic_E_propagation">Sporadic E</a> reflections to log more than 1200 FM stations, mostly from 800 to 1200 miles away, plus nearly every Channel 3 and 6 (locally, 2,4 and 5 were occupied) in that same range. All those TV signals are now off the air. (Low-band VHF TV &#8212; channels 2 to 6 &#8212; are not used for digital signals in the U.S.) My knowledge of this old stuff is now mostly of nostalgia value; but seeking it has left me with a continuing curiosity about the physical world and our infrastructural additions to it. This is why much of what looks like photography is actually research. For example, <a href="http://www.flickr.com/search/?q=windowseat&amp;w=52614599%40N00">this</a> and <a href="http://www.flickr.com/search/?w=52614599%40N00&amp;q=infrastructure&amp;m=text">this</a>. What you&#8217;re looking at there are pictures taken in service to geology and archaeology.</p>
<p>(End of autobiographical digression.)</p>
<p>Speaking of which, I am also busy lately studying the history of copyright, royalties and the music business &#8212; mostly so <a href="http://projectvrm.org">ProjectVRM</a> can avoid banging into any of those. This research amounts to legal and regulatory archaeology. Three preliminary findings stand out, and I would like to share them.</p>
<p><strong>First, <a href="http://en.wikipedia.org/wiki/Regulatory_capture">regulatory capture</a> is real, and nearly impossible to escape</strong>. The best you can do is keep it from spreading. Most regulations protect last week from yesterday, and are driven by the last century&#8217;s leading industries. Little if any regulatory lawmaking by established industries &#8212; especially if they feel their revenue bases threatened, clears room for future development. Rather, it prevents future development, even for the threatened parties who might need it most. Thus the bulk of conversation and debate, even among the most progressive and original participants, takes place within the bounds of still-captive markets. This is why it is nearly impossible to talk about Net-supportive infrastructure development without employing the conceptual scaffolding of telecom and cablecom. We can rationalize this, for example, by saying that demand for telephone and cable (or satellite TV) services is real and persists, but the deeper and more important fact is that it is very difficult for any of us to exit the framing of those businesses and still make sense.</p>
<p><strong>Second, infrastructure is plastic</strong>. The term &#8220;infrastructure&#8221; suggests physicality of the sturdiest kind, but in fact all of it is doomed to alteration, obsolescence and replacement. Some of it (Roman roads, for example) may last for centuries, but most of it is obsolete in a matter of decades, if not sooner. Consider over-the-air (OTA) TV. It is already a fossil. Numbered channels persist as station brands; but today very few of those stations transmit on their branded analog channels, and most of them are viewed over cable or satellite connections anyway. There are no reasons other than legacy regulatory ones to maintain the fiction that TV station locality is a matter of transmitter siting and signal range. Viewing of OTA TV signals is headed fast toward zero. It doesn&#8217;t help that digital signals play hard-to-get, and that the gear required for getting it sucks rocks. Nor does it help that cable and satellite providers that have gone out of their way to exclude OTA receiving circuitry from their latest gear, mostly force subscribing to channels that used to be free. As a result ABC, NBC, CBS, Fox and PBS are now a premium pay TV package. (For an example of how screwed  this is, <a href="http://blogs.law.harvard.edu/doc/2009/08/01/adventures-in-value-subtraction">see here</a>.) Among the biggest fossils are thousands of TV towers, some more than 2000 feet high, maintained to continue reifying the concept of &#8220;coverage,&#8221; and to legitimize &#8220;must carry&#8221; rules for cable. After live audio stream playing on mobile devices becomes cheap and easy, watch AM and FM radio transmission fossilize in exactly the same ways. (By the way, if you want to do something green and good for the environment, lobby for taking down some of these towers, which are expensive to maintain and hazards to anything that flies. Start with <a href="http://en.wikipedia.org/wiki/List_of_masts#List_by_height">this list here</a>. Note the &#8220;UHF/VHF transmission&#8221; column. Nearly all these towers were built for analog transmission and many are already abandoned. <a href="http://www.flickr.com/photos/linuxjournal/sets/72157605881277885/">This one, for example</a>.)</p>
<p><strong>Third, &#8220;infrastructure&#8221; is a relatively new term and vaguely <a href="http://www.linuxjournal.com/content/understanding-infrastructure">understood</a> outside arcane uses within various industries</strong>. It drifted from military to everyday use in the 1970s, and is still not a field in itself. Try looking for an authoritative reference book on the general subject of infrastructure. There isn&#8217;t one. Yet digital technology requires that we challenge the physical anchoring of infrastructure as a concept. Are bits infrastructural? How about the means for arranging and moving them? The Internet (the most widespread means for moving bits) is defined fundamentally by its <a href="http://en.wikipedia.org/wiki/Internet_Protocol_Suite">suite of protocols</a>, not by the physical media over which data travels, even though there are capacity and performance dependencies on the latter. Again, we are in captured territory here. Only in conceptual jails can we sensibly <a href="http://www.fcc.gov/enbanc/021998/tr021998.txt">debate whether</a> something is an &#8220;information service&#8221; or a &#8220;telecommunication service&#8221;. And yet most of us who care about the internet and infrasructure do exactly that.</p></blockquote>
<p>That last one is big. Maybe too big. I&#8217;ve written often about <a href="http://publius.cc/2008/05/16/doc-searls-framing-the-net">how hard it is to frame our understanding</a> of the Net. Now I&#8217;m beginning to think <strong>we should admit that the Internet itself, as concept, is too limiting</strong>, and not much less antique than telecom or &#8220;power grid&#8221;.</p>
<p>&#8220;The Internet&#8221; is not a thing. It&#8217;s a finger pointing in the direction of a thing that isn&#8217;t. It is the name we give to the sense of place we get when we go &#8220;on&#8221; a mesh of unseen connections to interact with other entitites. Even the term &#8220;<a href="http://www.roughtype.com/archives/2009/04/the_big_company.php">cloud</a>&#8220;, labeling a <a href="http://www.nicholasgcarr.com/bigswitch/">utility data service</a>, betrays the vagueness of our regard toward The Net.</p>
<p>I&#8217;ve been on the phone a lot lately with <a href="http://www.erikcecil.com/">Erik Cecil</a>, a veteran telecom attorney who has been thinking out loud about how networks are something other than the physical paths we reduce them to. He regards <em>network</em> mostly in its verb form: as what we do with our freedom — to enhance our intelligence, our wealth, our productivity, and the rest of what we do as contributors to civilization. To network we need technologies that enable <em>what we do</em> in maximal ways.  This, he says, requires that we re-think all our public utilities — energy, water, communications, transportation, military/security and law, to name a few &#8212; within the context of networking as <em>something we do</em> rather than <em>something we have</em>. (Think also of <a href="http://futureoftheinternet.org/blog">Jonathan Zittrain&#8217;s elevation</a> of <em>generativity</em> as a supportive quality of open technology and standards. As verbs here, <em>network</em> and <em>generate</em> might not be too far apart.)</p>
<p>The social production side of this is well covered in <a href="http://en.wikipedia.org/wiki/Yochai_Benkler">Yochai Benkler</a>&#8217;s <a href="http://en.wikipedia.org/wiki/The_Wealth_of_Networks">The Wealth of Networks</a>, but the full challenge of what Erik talks about is to re-think all infrastructure outside all old boxes, including the one we call The Internet.</p>
<p>As we do that, it is essential that we look to employ the innovative capacities of businesses old and new. This is a hat tip in the general direction of ISPs, and to the concerns often expressed by <a href="http://broadbandpolitics.com/">Richard Bennett and Brett Glass</a>: that <a href="http://broadbandpolitics.com/?p=5744">new Internet regulation may already be antique and unnecessary</a>, and that small ISPs (<a href="http://lariat.net/">a WISP in Brett&#8217;s case</a>) should be the best connections of high-minded thinkers like yours truly (and others named above) to the real world where rubber meets road.</p>
<p>There is a bigger picture here. We can&#8217;t have only some of us painting it.</p>
]]></content:encoded>
			<wfw:commentRss>http://blogs.law.harvard.edu/doc/2009/08/28/thinking-outside-the-internet-box/feed/</wfw:commentRss>
		<slash:comments>5</slash:comments>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
	</item>
		<item>
		<title>Copy rights and wrongs</title>
		<link>http://blogs.law.harvard.edu/doc/2009/08/16/copy-rights-and-wrongs/</link>
		<comments>http://blogs.law.harvard.edu/doc/2009/08/16/copy-rights-and-wrongs/#comments</comments>
		<pubDate>Sun, 16 Aug 2009 14:49:39 +0000</pubDate>
		<dc:creator>Doc Searls</dc:creator>
				<category><![CDATA[Art]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[Ideas]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[Technology]]></category>
		<category><![CDATA[music]]></category>
		<category><![CDATA[problems]]></category>
		<category><![CDATA[Adam Gopnik]]></category>
		<category><![CDATA[Against intellectual Monopoly]]></category>
		<category><![CDATA[Angels & Ages]]></category>
		<category><![CDATA[Ben Sheffner]]></category>
		<category><![CDATA[Better Than Free]]></category>
		<category><![CDATA[Copyright]]></category>
		<category><![CDATA[Darwin]]></category>
		<category><![CDATA[David K. Levine]]></category>
		<category><![CDATA[Edward Samuels]]></category>
		<category><![CDATA[Free]]></category>
		<category><![CDATA[Kevin Kelly]]></category>
		<category><![CDATA[LIFD]]></category>
		<category><![CDATA[Lincoln]]></category>
		<category><![CDATA[Michele Boldrin]]></category>
		<category><![CDATA[modern life]]></category>
		<category><![CDATA[RIAA]]></category>
		<category><![CDATA[The Technium]]></category>
		<category><![CDATA[William F. Patry]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/doc/?p=1985</guid>
		<description><![CDATA[The best insights compound the obvious. They make so much sense that you struggle to comprehend their many implications. Such is the case with the first line, and then the first paragraph, of Kevin Kelly&#8217;s Better than Free:
The internet is a copy machine. At its most foundational level, it copies every action, every character, every [...]]]></description>
			<content:encoded><![CDATA[<p>The best insights compound the obvious. They make so much sense that you struggle to comprehend their many implications. Such is the case with the first line, and then the first paragraph, of <a href="http://www.kk.org/kk/">Kevin Kelly</a>&#8217;s <a href="http://www.kk.org/thetechnium/archives/2008/01/better_than_fre.php">Better than Free</a>:</p>
<blockquote><p>The internet is a copy machine. At its most foundational level, it copies every action, every character, every thought we make while we ride upon it. In order to send a message from one corner of the internet to another, the protocols of communication demand that the whole message be copied along the way several times. IT companies make a lot of money selling equipment that facilitates this ceaseless copying. Every bit of data ever produced on any computer is copied somewhere. The digital economy is thus run on a river of copies. Unlike the mass-produced reproductions of the machine age, these copies are not just cheap, they are free.</p></blockquote>
<p>Consider the implication of this for the concept of copyright, then ponder the pile of law that first defined it in 1790 (in the U.S.) and has expanded on it ever since.</p>
<p>I won&#8217;t offer an opinion about that here, but instead turn our floor over to a pair of brilliant opponents on the subject: <a href="http://moralpanicsandthecopyrightwars.blogspot.com/">William F. Patry</a> and <a href="http://copyrightsandcampaigns.blogspot.com/">Ben Sheffner</a>. Bill is the author of <a href="http://www.amazon.com/Moral-Panics-Copyright-William-Patry/dp/0195385640/">Moral Panics and the Copyright Wars</a> and <a href="http://moralpanicsandthecopyrightwars.blogspot.com/">a blog by the same name</a>, subtitled &#8220;A blog about copyright discourse&#8221;—and a copyright attorney in the employ of Google (though he is careful to add, everywhere it makes sense, that &#8220;This is a personal blog, not a Google blog&#8221;.) Ben is a &#8220;copyright/First Amendment/media/entertainment attorney and former journalist&#8221; with a long list of credentials in the sidebar of his <a href="http://copyrightsandcampaigns.blogspot.com/">Copyrights &amp; Campaigns blog</a>, subtitled &#8220;Ben Sheffner&#8217;s notes on copyright, First Amendment, media, and entertainment law, and political campaigns&#8221;. Bill and Ben have been enjoying a very civil and illuminating debate, which Bill outlines this way:</p>
<ul class="posts">
<li><a href="http://moralpanicsandthecopyrightwars.blogspot.com/2009/08/my-reply-to-bens-reply.html">My reply to Ben&#8217;s reply</a></li>
<li><a href="http://moralpanicsandthecopyrightwars.blogspot.com/2009/08/bens-reply-to-bill.html">Ben&#8217;s Reply to Bill</a></li>
<li><a href="http://moralpanicsandthecopyrightwars.blogspot.com/2009/08/my-reply-to-ben.html">My Reply to Ben</a></li>
<li><a href="http://moralpanicsandthecopyrightwars.blogspot.com/2009/08/ben-sheffners-reply.html">Ben Sheffner&#8217;s Reply</a></li>
<li><a href="http://moralpanicsandthecopyrightwars.blogspot.com/2009/08/are-there-any-lessons-in-p2p-trials.html">Are There Any Lessons in the P2P Trials?</a></li>
<li><a href="http://moralpanicsandthecopyrightwars.blogspot.com/2009/08/moral-panics-in-copyright-wars.html">Moral Panics in the Copyright Wars</a></li>
</ul>
<p>Given the reverse-chronological nature (or LIFD&#8211;Last In, First Dug) nature of both blog publishing and <a href="http://blogs.law.harvard.edu/doc/2009/08/13/geology-vs-weather/">geology</a>, the first post is the bottom one on that list. Start there and work upward. I guarantee you will be smarter by the time you get to the top, and hungry for more.</p>
<p>As a pair of bonus links, I&#8217;ll point to Edward Samuels&#8217; <a href="http://www.edwardsamuels.com/illustratedstory/index.htm">The Illustrated Story of Copyright</a>, and <a href="http://www.econ.umn.edu/%7Emboldrin/index.html">Michele Boldrin</a> and <a href="http://www.dklevine.com/DAVID.htm">David K. Levine</a>&#8217;s <a href="http://www.dklevine.com/general/intellectual/against.htm">Against Intellectual Monopoly</a>. I&#8217;ve read the first, but not the second. Basically I&#8217;m just sharing my reading list here. Again, no opinions. Yet.</p>
<p>Oh, one more recommendation: Adam Gopnik&#8217;s <a href="http://www.amazon.com/Angels-Ages-Darwin-Lincoln-Modern/dp/0307270785"><em>Angels and Ages: A Short Book About Darwin, Lincoln, and Modern Life</em></a>. Among many of its quotable nuggets is this one: &#8220;Law is the practice of rules in a context of deals, and Lincoln believed in both.&#8221; Keep that in mind when reading all the above.</p>
]]></content:encoded>
			<wfw:commentRss>http://blogs.law.harvard.edu/doc/2009/08/16/copy-rights-and-wrongs/feed/</wfw:commentRss>
		<slash:comments>14</slash:comments>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
	</item>
		<item>
		<title>Fee Culture vs. Free Culture</title>
		<link>http://blogs.law.harvard.edu/doc/2009/08/15/fee-culture-vs-free-culture/</link>
		<comments>http://blogs.law.harvard.edu/doc/2009/08/15/fee-culture-vs-free-culture/#comments</comments>
		<pubDate>Sat, 15 Aug 2009 20:34:51 +0000</pubDate>
		<dc:creator>Doc Searls</dc:creator>
				<category><![CDATA[Berkman]]></category>
		<category><![CDATA[Future]]></category>
		<category><![CDATA[Ideas]]></category>
		<category><![CDATA[Journalism]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[problems]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/doc/2009/08/15/fee-culture-vs-free-culture/</guid>
		<description><![CDATA[Allan Gregory (a 3rd year law student and my summer intern at the Berkman Center) and I have spent a lot of time this summer looking at the history of copyright and royalties, mostly in respect to music. What I&#8217;ve noticed in the course of this work is how much commercial interests of one kind [...]]]></description>
			<content:encoded><![CDATA[<p>Allan Gregory (a 3rd year law student and my summer intern at the <a rel="tag" href="http://cyber.law.harvard.edu">Berkman Center</a>) and I have spent a lot of time this summer looking at the history of copyright and royalties, mostly in respect to music. What I&#8217;ve noticed in the course of this work is how much commercial interests of one kind or another (and in some cases we&#8217;re talking about a single party with a legitimate beef who had been screwed over one too many times &#8212; <a href="http://en.wikipedia.org/wiki/Victor_Herbert#Activist_for_the_legal_rights_of_composers">Victor Herbert</a>, for example) push law and enforcement across new lines that quickly harden. The free space on the far sides of those lines ratchets downward with each advance of creators armed by the law as rights-holders. At a certain point, it disappears.</p>
<p>To see how extreme this can get, visit <a href="http://www.p2pnet.net/story/26717">here</a>, or <a href="http://www.bemuso.com/musicbiz/royaltiesandlicenses.html">Bemuso.com</a>, which does an amazing job making sense of the music business in the U.K., which restricts music usage far more than anything like it in the U.S. <a href="http://www.afterdawn.com/news/archive/14487.cfm">For example</a>,</p>
<blockquote><p>Steve Finnigan, Chief Constable in Lancashire, England seems to have gotten himself in trouble with the Performing Right Society (PRS). Apparently there&#8217;s been music playing in police stations where people can hear it, and someone at the PRS noticed that no one has paid any licensing fees for it. The PRS is responsible for collecting performance royalties on behalf of composers and publishers in the UK.</p>
<p>In addition to the music that allegedly plays in 34 separate police stations, they&#8217;re also being accused of allowing employees to listen to it in gyms and at office parties. They&#8217;ve even gone so far as to use unlicensed music for entertaining the public when they get put on hold while calling in.</p>
<p>Since Lancashire Constabulary&#8217;s head of legal services, Niamh Noone, instructed officers not to discuss what was being played with PRS representatives, the agency decided to take them to court in order to collect back royalties they believe are owed and arrange for proper licensing so that future royalties may be collected in a more timely manner.</p></blockquote>
<p>And you thought the RIAA was prickly.</p>
<p>Meanwhile on the publishing front, the Associated Press has been moving is a <a href="http://www.afterdawn.com/news/archive/14508.cfm">similarly restrictive direction</a> for some time. The organization&#8217;s latest efforts are being <a href="http://www.niemanlab.org/category/themes/ap-plan/">covered like a blanket</a> by <a href="http://www.niemanlab.org/author/zseward/">Zachary M. Seward</a> at the <a href="http://www.niemanlab.org">Nieman Journalism Lab</a>. His latest post, <a href="http://www.niemanlab.org/2009/08/who-really-is-the-associated-press-accusing-of-copyright-infringement/">Who, really, is The Associated Press accusing of copyright infringement?</a> looks in depth at what the AP has been saying and doing, both in public and in secret. The word &#8220;bellicose&#8221; stands out in its first paragraph.</p>
<p>It&#8217;s an outstanding series. If you care about journalism, free speech,  <a href="http://www.free-culture.cc/freecontent/">Free Culture</a>, fair use and other values that transcend the AP&#8217;s parochial interests, it&#8217;s required reading.</p>
<p>While you do, remember that the AP is primarily an association of newspapers, formed early in the Industrial Age, and very much a creature of it. They are also, like many other associations representing originators of work about which usage rights are ambiguous, in essence a big legal department: quick to litigate and slow to comprehend the larger and changing contexts in which it now finds itself. Litigators are soldiers, not peacemakers. They don&#8217;t much care for olive branches (such as <a href="http://www.linuxjournal.com/content/ap-launches-open-source-ascribenation-project">the one I extended</a> last month).</p>
<p>Still, they&#8217;re not entirely unfriendly. Writes Zachary,</p>
<blockquote><p>The AP would like to encourage use of its content &#8212; even full content &#8212; under terms that might not be so different from the <a href="http://en.wikipedia.org/wiki/Application_programming_interface">APIs</a> released by <a href="http://developer.nytimes.com/">The New York Times</a> and <a href="http://www.npr.org/api/index">NPR</a>. (Then again, it might be very different. The AP thus far hasn&#8217;t said what restrictions it will attach to its APIs.) I asked Kasi for an example, and he said that a mobile developer who wanted to include the AP&#8217;s articles or videos in an iPhone application could do so, probably without paying for access. Addressing the hypothetical developer, he said, &#8220;If this becomes a runaway success, I want to be part of this kind of business arrangement with you. In the meantime, if you want to experiment, go at it.&#8221;</p></blockquote>
<p>In other words, &#8220;soon as there&#8217;s money in it, we want a piece of it&#8221;. In fact my <a href="http://www.linuxjournal.com/content/ap-launches-open-source-ascribenation-project">proposal</a> is for exactly that. Except it won&#8217;t be on their terms. It will be on ours, as fellow participants in what Zachary calls &#8220;the web’s circulatory system&#8221;.</p>
<p>In that system, Fee Culture is arteriosclerotic.</p>
]]></content:encoded>
			<wfw:commentRss>http://blogs.law.harvard.edu/doc/2009/08/15/fee-culture-vs-free-culture/feed/</wfw:commentRss>
		<slash:comments>3</slash:comments>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
	</item>
		<item>
		<title>Thinking past the I-I boundary</title>
		<link>http://blogs.law.harvard.edu/doc/2009/08/13/thinking-past-the-i-i-boundary/</link>
		<comments>http://blogs.law.harvard.edu/doc/2009/08/13/thinking-past-the-i-i-boundary/#comments</comments>
		<pubDate>Thu, 13 Aug 2009 15:45:21 +0000</pubDate>
		<dc:creator>Doc Searls</dc:creator>
				<category><![CDATA[Berkman]]></category>
		<category><![CDATA[Business]]></category>
		<category><![CDATA[Cluetrain]]></category>
		<category><![CDATA[Future]]></category>
		<category><![CDATA[News]]></category>
		<category><![CDATA[Past]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[infrastructure]]></category>
		<category><![CDATA[Alvin Toffler]]></category>
		<category><![CDATA[Berkman Center]]></category>
		<category><![CDATA[birds]]></category>
		<category><![CDATA[broadband]]></category>
		<category><![CDATA[cablecom]]></category>
		<category><![CDATA[carriers]]></category>
		<category><![CDATA[Chixkulub]]></category>
		<category><![CDATA[congress]]></category>
		<category><![CDATA[crater]]></category>
		<category><![CDATA[dinosaurs]]></category>
		<category><![CDATA[fcc]]></category>
		<category><![CDATA[Geology]]></category>
		<category><![CDATA[internet]]></category>
		<category><![CDATA[iridium]]></category>
		<category><![CDATA[K-T boundary]]></category>
		<category><![CDATA[Net]]></category>
		<category><![CDATA[research]]></category>
		<category><![CDATA[telecom]]></category>
		<category><![CDATA[theropods]]></category>
		<category><![CDATA[Toffler]]></category>
		<category><![CDATA[WISP]]></category>
		<category><![CDATA[WISPs]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/doc/?p=1935</guid>
		<description><![CDATA[For the form of life we call business, we are at a boundary between eras. For biological forms of life, the most recent of these is the K-T boundary between the  Mesozoic and the Cenozoic Eras. The Mezozoic Era ended when Earth was struck by an object that left a crater 110 miles wide and [...]]]></description>
			<content:encoded><![CDATA[<p>For the form of life we call business, we are at a boundary between eras. For biological forms of life, the most recent of these is the <a href="http://en.wikipedia.org/wiki/K%E2%80%93T_boundary">K-T boundary</a> between the  <a rel="tag" href="http://en.wikipedia.org/wiki/Mesozoic">Mesozoic</a> and the <a rel="tag" href="http://en.wikipedia.org/wiki/Cenozoic">Cenozoic</a> Eras. The Mezozoic Era ended when Earth was struck by an object that left <a href="http://en.wikipedia.org/wiki/Chicxulub_crater">a crater</a> 110 miles wide and a world-wide layer of <a href="http://en.wikipedia.org/wiki/Iridium">iridium</a>-rich crud. Below that layer lies the Age of Dinosaurs, completed. Above that layer accumulate the fossils of life forms that survived the change, and took advantage of it. Notable among these is a branch of <a title="Theropoda" href="http://en.wikipedia.org/wiki/Theropoda">theropod</a> <a class="mw-redirect" title="Dinosauria" href="http://en.wikipedia.org/wiki/Dinosauria">dinosaurs</a> we call <a href="http://en.wikipedia.org/wiki/Bird">birds</a>.</p>
<p>In business we have the I-I boundary: the one between the Industrial and Information ages (which <a href="http://en.wikipedia.org/wiki/Alvin_Toffler">Alvin Toffler</a> first observed in <a href="http://en.wikipedia.org/wiki/The_Third_Wave_(book)">The Third Wave</a>, published in 1980).  Below that boundary we find a communications environment dominated by telecom and cablecom. Above it we find a radically different communications environment that still supports voice and video, but as just two among an endless variety of other applications. We call that environment the Internet.</p>
<p>At this moment in history most of us know the Internet as a tertiary service of telephone and cable companies, which still make most of their money selling telephone service and cable TV. Since those are highly regulated businesses, the Internet is subject to degrees of <a href="http://en.wikipedia.org/wiki/Regulatory_capture">regulatory capture</a>. Some of that capture is legal, but much of it is conceptual, for example when we see the Internet as a grace of telecom and cablecom &#8212; rather than as something that subsumes and obsoletes both of those Industrial Age <a href="http://publius.cc/2008/05/16/doc-searls-framing-the-net">frames</a>.</p>
<p>Such is the risk with &#8220;broadband&#8221; &#8212; a term inherited by the Internet from both telecom and cablecom, and which is a subject of interest for both Congress and the FCC. In April of this year <a href="http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-289900A1.pdf">the FCC announced the development of a national broadband plan</a>, subtitled &#8220;Seeks Public Input on Plan to Ensure Every American has Access to Broadband Capability&#8221;. In July <a href="http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-291986A1.pdf">the commission announced that Harvard&#8217;s Berkman Center would conduct &#8220;an independent review of broadband studies&#8221;</a> to assist the FCC. Then yesterday the center <a href="http://cyber.law.harvard.edu/node/5572">put up a notice</a> that it &#8220;is <a href="http://jobs.harvard.edu/jobs/summ_req?in_post_id=41767">looking for a smart, effective fellow</a> to join our broadband research team&#8221;. (This is more than close to home for me, since I am a fellow at Berkman. So I need to say that the broadband studies review is not my project &#8212; mine is <a href="http://projectvrm.org">this one</a> &#8212; and that I am not speaking for the Berkman Center here, or even in my capacity as a fellow.)</p>
<p>The challenge here for everybody is to frame our understanding of the Net, and of research concerning the Net, in terms that are as native to the Net as possible, and not just those inherited from the Industrial Age businesses to which it presents both threats and promise &#8212; the former more obvioius than the latter. This will be very hard, because the Internet conversation is still mostly a telecom and cablecom conversation. (It&#8217;s also an entertainment industry conversation, to the degree that streaming and sharing of audio and video files are captive to regulations driven by the recording and movie industries.)</p>
<p>This is the case especially for legislators and regulators, too few of which are technologists. Some years ago <a href="http://en.wikipedia.org/wiki/Michael_Powell_(politician)">Michael Powell</a>, addressing folks pushing for <a href="http://en.wikipedia.org/wiki/Network_neutrality">network neutrality</a> legislation, said that he had met with nearly every member of Congress during his tour of duty as FCC chairman, and that he could report that nearly all of them knew very little about two subjects. &#8220;One is technology, and the other is economics,&#8221; he said. &#8220;Now proceed.&#8221;</p>
<p>Here is what I am hoping for, as we proceed both within this study and beyond it to a greater understanding of the Internet and the new Age it brings on:</p>
<ul>
<li>That &#8220;broadband&#8221; comes to mean the full scope of the Internet&#8217;s capabilities, and not just data speeds.</li>
<li>That we develop a native understanding of what the Internet really is, including the realization that what we know of it today is just an early iteration.</li>
<li>That telecom and cablecom companies not only see the writing on the wall for their old business models, but embrace other advantages of incumbency, including countless new uses and businesses that can flourish in an environment of wide-open and minimally encumbered connectivity &#8212; which they have a privileged ability to facilitate.</li>
<li>That the Net&#8217;s capacities are not only those provided from the inside out by &#8220;backbone&#8221; and other big &#8220;carriers&#8221;, but from the outside in by individuals, small and mid-size businesses (including other Internet service providers, such as <a href="http://en.wikipedia.org/wiki/Wireless_Internet_Service_Provider">WISP</a>s) and municipalities.</li>
</ul>
<p>That last item is important because carriers are the theropods of our time. To survive, and thrive, they need to adapt. The hardest challenge for them is to recognize that the money they leave on the shrinking Industrial Age table is peanuts next to the money that will appear on the Information Age table they are in a privileged position to help build.</p>
]]></content:encoded>
			<wfw:commentRss>http://blogs.law.harvard.edu/doc/2009/08/13/thinking-past-the-i-i-boundary/feed/</wfw:commentRss>
		<slash:comments>1</slash:comments>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
	</item>
		<item>
		<title>Toward Celebrating 8-11 Day</title>
		<link>http://blogs.law.harvard.edu/doc/2009/08/08/toward-celebrating-8-11-day/</link>
		<comments>http://blogs.law.harvard.edu/doc/2009/08/08/toward-celebrating-8-11-day/#comments</comments>
		<pubDate>Sun, 09 Aug 2009 02:10:58 +0000</pubDate>
		<dc:creator>Doc Searls</dc:creator>
				<category><![CDATA[Ideas]]></category>
		<category><![CDATA[Politics]]></category>
		<category><![CDATA[infrastructure]]></category>
		<category><![CDATA[problems]]></category>
		<category><![CDATA[8-1-1]]></category>
		<category><![CDATA[811]]></category>
		<category><![CDATA[APWA]]></category>
		<category><![CDATA[call before you dig]]></category>
		<category><![CDATA[CGA 811]]></category>
		<category><![CDATA[Civil Engineering]]></category>
		<category><![CDATA[Common Ground Alliance]]></category>
		<category><![CDATA[Dig Safe]]></category>
		<category><![CDATA[digsafe]]></category>
		<category><![CDATA[fcc]]></category>
		<category><![CDATA[Mark Finnern]]></category>
		<category><![CDATA[MGH]]></category>
		<category><![CDATA[mghus]]></category>
		<category><![CDATA[PHMSA]]></category>
		<category><![CDATA[Safe Digging Month]]></category>
		<category><![CDATA[UMBC]]></category>
		<category><![CDATA[Wikipedia]]></category>

		<guid isPermaLink="false">http://blogs.law.harvard.edu/doc/2009/08/08/toward-celebrating-8-11-day/</guid>
		<description><![CDATA[
Mark Finnern has a great idea: Wikipedia papers. Specifically,
Every student that takes a class has to create or improve a Wikipedia page to the topic of the class. It shouldn&#8217;t be the only deliverable, but an important one.
The Wikimedia organization could help the professors with tools, that highlight the changes that a certain user has [...]]]></description>
			<content:encoded><![CDATA[<p><a href="http://blogs.law.harvard.edu/doc/files/2009/08/2close2nstar.jpg"><img class="aligncenter size-full wp-image-1902" src="http://blogs.law.harvard.edu/doc/files/2009/08/2close2nstar.jpg" alt="2close2nstar" width="300" height="225" /></a></p>
<p><a href="http://finnern.com/">Mark Finnern</a> has a great idea: <a href="http://broadcast.oreilly.com/2009/07/wikipeadia-papers.html">Wikipedia papers</a>. Specifically,</p>
<blockquote><p>Every student that takes a class has to create or improve a Wikipedia page to the topic of the class. It shouldn&#8217;t be the only deliverable, but an important one.</p>
<p>The Wikimedia organization could help the professors with tools, that highlight the changes that a certain user has done on a page. You only pass, when the professor is satisfied with the scientific validity of the page. One could even mark the pages that went through this vetting process differently.</p>
<p>Instead of creating papers that end up in a drawer, you would create pages that you even feel ownership of and would make sure that they stay current and don&#8217;t get vandalized. You could even link to them on you LinkedIn profile.</p>
<p>It would make an enormous difference to the quality of Wikipedia year over year. One can think of wiki-how and other pages that could be improved using the same model.</p></blockquote>
<p>There are other reasons. For example, <em>Wikipedia has holes</em>. Not all of these line up with classes being taught, but some might. Let&#8217;s take one example&#8230;</p>
<p><a href="http://www.uncc2.org/web/artwork_multimedia.shtml"><img class="aligncenter size-full wp-image-1901" src="http://blogs.law.harvard.edu/doc/files/2009/08/811.jpg" alt="811" width="300" height="267" /></a></p>
<p>Wikipedia has an entry for <a href="http://en.wikipedia.org/wiki/5-1-1">5-1-1</a>, the phone number one calls in some U.S. states for road conditions. It also has <a href="http://en.wikipedia.org/wiki/9-1-1">an entry for 9-1-1</a>, the number one calls in North America for emergency services. And, while it has <a href="http://en.wikipedia.org/wiki/8-1-1">an entry for 8-1-1</a>, the &#8220;call before you dig&#8221; number in the U.S., it&#8217;s kinda stale. One paragraph:</p>
<blockquote><p>All 811 services in the U.S. will end up using 611 by early 2007, as the United States <a href="http://en.wikipedia.org/wiki/Federal_Communications_Commission">Federal Communications Commission</a> (FCC) in March 2005 made 811 the universal number for the 71 regional services that coordinate location services for underground public utilities in the U.S.<a href="http://en.wikipedia.org/wiki/8-1-1#cite_note-0">[1]</a><a href="http://en.wikipedia.org/wiki/Talk:8-1-1#obsolete">[dated info]</a> Currently, each of these &#8220;<a href="http://en.wikipedia.org/wiki/Call_before_you_dig">call before you dig</a>&#8221; services, has its own <a href="http://en.wikipedia.org/wiki/800_number">800 number</a>, and the FCC and others want to make it as easy as possible for everyone planning an excavation to call first. This safety measure not only prevents damage that interrupts telecommunications, but also the cutting of electricity, <a href="http://en.wikipedia.org/wiki/Water_main">water mains</a>, and natural gas pipes. Establishment of an abbreviated dialing number for this purpose was required by the <a href="http://en.wikipedia.org/w/index.php?title=Pipeline_Safety_Improvement_Act&amp;action=edit&amp;redlink=1">Pipeline Safety Improvement Act</a> of 2002.</p></blockquote>
<p>That last link takes you to one of those &#8220;Wikipedia does not have an article with this exact name&#8221; places. The &#8220;call before you dig&#8221; link redirects to <a href="http://en.wikipedia.org/wiki/Call_before_you_dig">Utility location</a>. There you&#8217;ll find this paragraph:</p>
<blockquote><p><strong>One-call</strong>, <strong>Miss Utility</strong>, or <a href="http://en.wikipedia.org/wiki/Underground_Service_Alert">Underground Service Alert</a> are services that allow construction workers to contact utility companies, who will then denote where underground utilities are located via color-coding those locations. As required by law and assigned by the <a href="http://en.wikipedia.org/wiki/FCC">FCC</a>, the <a href="http://en.wikipedia.org/wiki/8-1-1">8-1-1</a> <a href="http://en.wikipedia.org/wiki/Telephone_number">telephone number</a> will soon be used for this purpose across the United States.</p></blockquote>
<p>Well, it&#8217;s already being used. And it&#8217;s way freaking complicated, because there&#8217;s this very uneven overlap of entities &#8212; federal government, state goverenments, regional associations, and commercial entities, to name a few &#8212; that all have something to say.</p>
<p>For example, the <a href="http://phmsa.dot.gov/">U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration, or PHMSA</a>. Right on their front page, they tell you April is Safe Digging Month. Good to know. April of <em>what year?</em> Next to a blurred <a href="http://images.google.com/images?gbv=2&amp;hl=en&amp;um=1&amp;sa=1&amp;q=811+call+before+you+dig">emblem with an 811 over a shovel</a> (a poor version the above, which comes from the <a href="http://www.uncc2.org">Utility Notification Center of Colorado</a>) and a horribly blurred graphic proclaiming <em>WE SUPPORT <strong>SAFE DIGGING MONTH</strong></em>, a <a href="http://phmsa.dot.gov/portal/site/PHMSA/menuitem.ebdc7a8a7e39f2e55cf2031050248a0c/?vgnextoid=da0984b812970110VgnVCM100000762c7798RCRD&amp;vgnextchannel=1ea81658a7adc010VgnVCM1000008155a8c0RCRD&amp;vgnextfmt=print">Call Before You Dig link</a> leads to a page that explains,</p>
<blockquote><p>Guidance for implementing safe and effective damage prevention for underground utilities was established by the Common Ground Alliance (CGA), a national organization representing all underground utility stakeholders. Calling before you dig is the first rule to remember when conducting underground related activities, no matter what the job is. <strong>The law requires you to phone the &#8220;One-Call&#8221; center at 8-1-1 at least two days prior to conducting any form of digging activity</strong>.</p></blockquote>
<p>No link to the <a href="http://www.commongroundalliance.com/">Common Ground Alliance</a>. That org (a domain squatter has its .org URL, so it&#8217;s a .com) explains that it&#8217;s &#8220;a member-driven association dedicated to ensuring public safety, environmental protection, and the integrity of services by promoting effective damage prevention practices.&#8221; Its <a href="http://www.commongroundalliance.com/Template.cfm?Section=CGA_News1&amp;Template=/TaggedPage/TaggedPageDisplay.cfm&amp;TPLID=18&amp;ContentID=1844">news page</a> mentions that, among other things, August 11 is &#8220;8-11 Day&#8221;. It has a press release template in Word format. It also has news that &#8220;MGH Hired as CGA 811 Awareness Contractor&#8221; in .pdf. Within that one finds <a href="http://www.mghus.com/">MGH&#8217;s website URL</a>, where one finds that the agency is <a href="http://twitter.com/mghus">@mghus</a>, which may be the hippest thing in this whole mess.</p>
<p>Digging farther, one finds that there is an <a href="http://www.call811.com/">call811.com</a>, which <a href="http://www.call811.com/about-us/default.aspx">appears to be</a> another face of the Common Ground Alliance. <a href="http://www.call811.com/about-us/sponsors.aspx">(If you&#8217;re interested, here are its &#8220;sponsors and ambassadors&#8221;.</a>)</p>
<p>Also involved is the <a href="http://www.apwa.net/">American Public Works Association</a>. Apparently the APWA is the outfit behind what <a href="http://www.laonecall.com/apwa_color_codes.htm">LAonecall (one of the zillion of these with similar names) calls</a> &#8220;the ULCC Uniform Color Code using the ANSI standard Z53.1 Safety Colors&#8221;. APWA must have published it at one point, but you won&#8217;t find it on its website. Hey, <a href="http://images.google.com/images?gbv=2&amp;hl=en&amp;um=1&amp;sa=1&amp;q=apwa+color+code">Google doesn&#8217;t</a>. Though it does find lots of other sites that have it. Most are local or regional governmental entities. Or utilities like, say, <a href="http://www.panhandleenergy.com/call.asp">Panhandle Energy</a>. Here&#8217;s the graphic:</p>
<p><a href="http://blogs.law.harvard.edu/doc/files/2009/08/colorcode.jpg"><img class="aligncenter size-full wp-image-1899" src="http://blogs.law.harvard.edu/doc/files/2009/08/colorcode.jpg" alt="colorcode" width="301" height="301" /></a></p>
<p>Here in New England (all of it other than Connecticut, anyway), the public face of this is <a href="http://www.digsafe.com/">Dig Safe System, Inc.</a>, which appears to be a nonprofit association, but there&#8217;s <a href="http://www.digsafe.com/company_sitemap.htm">nothing on the site</a> that says wtf it is &#8212; though it is informative in other respects. It does say, on its index page,</p>
<blockquote><p><strong>What  is Dig Safe ®?</strong></p>
<p><span style="font-family: Arial,Helvetica,sans-serif;font-size: x-small">State laws require anyone who digs to notify utility companies before starting, and for good reason. Digging can be dangerous and costly without knowing where underground facilities are located.</span></p>
<p><span style="font-family: Arial,Helvetica,sans-serif;font-size: x-small">Dig Safe ystem, Inc. is a communication network, assisting excavators, contractors and property owners in complying with state law by notifying the appropriate utilities before digging. Dig Safe®,  a free service, notifies member companies of proposed excavation projects. In turn, these member utilities respond to the work area and identify the location of underground facilities. Callers are given a permit number as confirmation. </span></p>
<p><span style="font-family: Arial,Helvetica,sans-serif;font-size: x-small">Member utilities, or contracted private locators, use paint, stakes or flags to identify the location of buried facilities. Color coding is used to identify the type of underground facilities&#8230; (and the same color coding as above)</span></p></blockquote>
<p>I found out all of this &#8212; and much more &#8212; while I was researching for my column in the November issue of Linux Journal, which has Infrastructure the issue&#8217;s theme. I&#8217;m leveraging my leftovers here, closing one tab after another in my browser.</p>
<p>I&#8217;m also interested in approximately everything, one of which is <a href="http://www.flickr.com/search/?q=digsafe&amp;w=52614599%40N00">the official-looking public graffiti on the ground all over the place</a>. These are known locally as &#8220;dig safe markings&#8221;. At least that piece of the scattered one-call/call-before-you-dig/8-1-1 <a href="http://www.uncc2.org/web/artwork_multimedia.shtml">branding effort</a> has taken root, at least here.</p>
<p>Anyway, I&#8217;d love to see a Wikipedia entry or two that pulls all this together. Maybe I should write it, but I&#8217;m busy. Hey, I&#8217;ve done this much already. Some actual experts ought to pick up the ball and post with it.</p>
<p>Which brings us back to Mark&#8217;s suggestion in the first place. Have a class do it.</p>
<p>Hey, <a href="http://twitter.com/mghus">@mghus</a>, since you&#8217;re in Baltimore, how about  suggesting a Wikipedia page project to <a href="http://www.umbc.edu/engineering/cee/cee_faculty.html">The Civil &amp; Environmental Engineering Department</a> at <a href="http://www.umbc.edu/">UMBC</a>?</p>
<p>Maybe for 8-11 Day?</p>
]]></content:encoded>
			<wfw:commentRss>http://blogs.law.harvard.edu/doc/2009/08/08/toward-celebrating-8-11-day/feed/</wfw:commentRss>
		<slash:comments>5</slash:comments>
	<creativeCommons:license>http://creativecommons.org/licenses/by-sa/3.0/</creativeCommons:license>
	</item>
	</channel>
</rss>
