harvard

You are currently browsing articles tagged harvard.

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


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

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

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

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

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

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

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

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

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

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

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

So, what’s the right approach?

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

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

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

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

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

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

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

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

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

Tags: , , , , , , , , , , , , , , , , , , , , , ,

Cluefest

cluetrain10_berkman

In the month since it hit the streets (at least here in the U.S.), I’ve been surprised at how little those who like Cluetrain know about the new, 10th anniversary edition of the book. Many assume that it’s a fancy new edition of the same old thing. That’s true to the degree that it comes with a hard cover and a nice design. But there are also five new chapters by the four original authors, plus three additional chapters: one each by Dan Gillmor, Jake McKee and JP Rangaswami. In other words, it’s a lot thicker and more substantial than the original.

So yeah, I’m promoting it a bit. I’ve done approximately none of that, and it deserves any plug it gets. A lot of good work went into it.

The shot above is from a Berkman YouTube video of a Cluetrain discussion at Harvard Law School, led by Jonathan Zittrain, and featuring Dr. Weinberger and myself.

Tags: , , , , ,

cluetraincoverTen years ago The Cluetrain Manifesto was a website that had been up for a couple of months — long enough to create a stir and get its four authors a book deal. By early June we had begun work on the book, which would wrap in August and come out in January. So at the moment we’re past the website’s anniversary and shy of the book’s.

cover187-cluetrain-10th-0465018653That’s close enough for 10th Anniversary Edition of The Cluetrain Manifesto, which will hit the streets this month. The new book, which arrived at my house yesterday, is the same as the original (we didn’t change a word). but with the addition of a new introduction by David Weinberger, four new chapters by each of the four authors (Chris Locke and Rick Levine, in addition to Dr. Weinberger and myself), and one each by Dan Gillmor, Jake McKee and JP Rangaswami.

A lot has happened in the last decade. A lot hasn’t happened too. To reflect on both, the Berkman Center will host a conversation called Cluetrain at 10: So How’s Utopia Working Out for Ya? at Harvard Law School.

David Weinberger and I will be joined by Jonathan Zittrain, a Harvard Law professor and author of The Future of the Internet — and How to Stop It. “JZ” was a student at HLS when he co-founded the Berkman Center eleven years ago. David and I are both fellows at the center as well. The three of us will talk for a bit and then the rest of it will be open to the floor, both in the room and out on the IRC (and other backchannels), since the conversation will be webcast as well. It starts at 6:00 pm East Coast time.

Meet/meat space is the Austin East Classroom of Austin Hall at Harvard Law School. It’s free and open to everybody. Since it’s a classroom and expected to fill up, an RSVP is requested. To do that, go here.

Tags: , , , , , , , , , , , , , , , ,

So I’m walking across the Harvard campus, going from one Berkman office to another, listening to KCLU from Santa Barbara on my iPhone. The guest on the show is Berkman’s own John Palfrey. I think, that’s coolwhat’s the show? The tuner doesn’t tell me, because (I assume) KCLU doesn’t provide that data along with the audio stream.

To find out, I just sat down on a bench, popped open the laptop and started looking around. KCLU’s site says what’s on now is OnPoint. That’s because the time on the scuedule block says 9:00am. It’s currently 10:45am, Pacific. The next show block on the schedule is Fresh Air at 11:00am. John isn’t listed as an OnPoint guest, so… what is the show he’s on?

I wait until the interview with John ends, and then I learn that the show is Here & Now, which KCLU says comes on at 2pm. Here & Now has the JP segment listed. Says this:

More Countries Use Internet Censorship
Listen
We’ve heard about countries like China, Iran and North Korea censoring websites. But our guest, John Palfrey of Harvard’s Berman Center for Internet and Society says the practice is becoming more widespread—more than three dozen countries do extensive censoring, even France, Australia and the U.S. engage in some type of censorship.

Now it’s 11:00am Pacific, and KCLU brings on Science Friday. Also at variance from the schedule.

I’m not sure how to fix the problem of not including show data in a stream (or, if included, getting it displayed on software tuners), though I am sure it’s fixable. More importantly, I am convinced of the  need of listeners to know what they’re hearing, to bookmark it, and to find out more about it later. At the very least they should be able to find the answer to the “What was that?” question — without spending fifteen minutes surfing around a browser on a laptop.

Being able to know what you’re hearing would also inform decisions about, say, how much money you’d like to throw at the station or a program, if you’d like to do that. That’s what EmanciPay (which I wrote about yesterday) would help do.

Anyway, that’s why we’re working on Listen Log, as a variety of Media Logging. Input welcome.

Tags: , , , , , , ,

New Innerface

Sorry I’ve been quiet. Let’s see… I’ve only blogged on 12 days this month. A new low for me, I’m sure. There are several reasons, all good. The new one, though, is that I’m hunkering down on a book. For the first time, ever. Not easy for me. I’m a sprinter, not a marathon runner. I’m also more distractable than a kitten. That’s good for blogging and tweeting, bad for book-writing. (Where would either blogging or tweeting be without sublimated ADHD? Dropped in half? More?)

I’ve also been awol during an overhaul of Berkman blogs. (Not all those at the last link are hosted by Berkman, but I can’t find another link at the moment, and I need to get back to work.)

In any case, there’s a new WordPress dashboard here, which I’m using for the first time. This little authoring section is called “QuickPress”. I’m writing in HTML, because I assume there’s no other way. At least within this section. Which is cool. I like writing in HTML.

Haven’t found the wysiwyg authoring thing yet. More importantly, I need to get my OPML editor working with the blog. That’s my main means, and that connection seems to be broken. Might be at this end, because I’ve been switching laptops around too. Miss it. I’m an outline-y kinda guy.

Anyway, just letting ya’ll know that I’m here. Just busy.

Tags: , , , , , , , , ,

If you’re interested in music, or in radio — especially if you’re interested in both — listen (or watch) in on Tim Westergren’s talk, going on right now. Tim founded Pandora, and is its Chief Strategist. My notes…

“We want to fix radio. And we want to fix it globally. And do it for musicians as well as listeners.”

What they’re doing is heroic, actually.

Tim just talked about Pandora’s brief experience with a subscription model. They let you listen for awhile and then began to charge — and found out listeners would find workarounds to stay in the free zone. “Systemic dishonesty”, he called it. This makes me think that VRM is systemic honesty.

“There is going to be a flight to quality,” Tim just said. Good line.

Tags: , , ,