The Information Society for None

Free the Mind has blogged about the report Cultural industries in the context of the Lisbon strategy [PDF] being discussed in the European Parliaments Committee on Culture and Education.

Article 9 in the report attempts to address online piracy and should be seen as a step in the right direction. The authors have reached the understanding that …criminalising consumers so as to combat digital piracy is not the right solution.

However the committee members did not agree with this and several of them have submitted proposals for changes [PDF]. The most serious is the proposal from Christopher Hilton-Hearris. His proposal will force Internet providers into action and to close the accounts of those caught violating others copyright:

This cooperation of Internet service providers should include the use of filtering technologies to prevent their networks being used to infringe intellectual property, the removal from the networks or the blocking of content that infringes intellectual property, and the enforcement of their contractual terms and conditions, which permit them to suspend or terminate their contracts with those subscribers who repeatedly or on a wide scale infringe intellectual property

He even proposes that the EU-Commission launch pro intellectual property campaigns to the general public and as a subject in schools. He is not alone in his suggestion to cut off Internet supply to those involved in copyright violations. The Committee on Industry, Research and Energy has recommended the Committee for Culture and Education to:

Calls on the internet service providers to cooperate in the fight against internet piracy and enforce their contractual terms and conditions or terminate contracts with subscribers who infringe intellectual property rights. Internet service providers should apply filtering measures to prevent copyright and stop existing infringements

Photo hear hear by massdistraction

This is an extremely simplistic and naive approach to the problem of copyright violation in digital environments.

Now that politicians are actively attempting to shut down connections the dream of creating an inclusive society based upon a technological infrastructure (for example Information Society for All) seems to be on its way out.

Why is banning people from the Internet a bad idea?

The Internet has been promoted and become our most basic communications infrastructure (obviously my focus here is Europe since this is where the proposal is being discussed).

1. The punishment does not fit the crime: We have changed the way Banks, Post Offices, ticket sales, hotel booking, insurance (etc, etc) work and banning someone from the Internet will be tantamount to branding a symbol of guilt onto the person. Not to mention the increased costs involved in time and money. Indeed why should copyright violation prevent me from online banking?

2. Group punishment: If an Internet connection is involved in copyright violation this does not mean that all those dependent upon that connection should be punished. The actual violator may be underage or the network may be open to others.

3. Privatizing the law: The ability to punish copyright violators should not be delegated to private bodies. Internet providers are not equipped to mete out legal punishments.

The proposals seen above are simplistic, naive and dangerous they show a fundamental lack of understanding not only of technology or its role in society but also a lack of understanding of the role of communication in a democratic society. The actions of the politicians proposing such measures show that they are not acting in the interests of the individuals they are there to serve.

YouTube & Crime

The media in Sweden is (understandably) full about reports of the school shootings in Finland.* This is to be expected. But what surprises me is the focus on the fact that the perpetrator had made a video and posted it on YouTube.

The focus of Swedish media on the YouTube connection shows a fundamental lack of understanding about the use of technology today. The surprise should not be that a young disturbed man planning a school massacre places a video on YouTube but we should be surprised if the young man had not done so. The YouTube suicide note must be as predictable as death & taxes.

Despite this, the media calls in “experts” and asks them to explain what kind of anti-social cesspit YouTube is. They ask about the responsibility of YouTube, they ask why the events predicted in the film could not be stopped. They want to know how to prevent children from accessing YouTube to watch movies such as these and whether or not the films online are creating copycats.

Basically people do not seem to understand the YouTube culture. Firstly it is not a sub-culture. YouTube is a massive collection of sub-cultures. Secondly, YouTube is the logical result of camera and communications technology. It collects everything from death to porn (and death with porn), from toddlers to seniors, from party to study. Basically every type of activity that can be recorded on film is to be found there.

And the audience has seen it all. Here are some examples of search results:

  • School violence 1770 videos
  • Going postal 193 videos
  • Weapons 126 000 videos
  • Death 584 000 videos

And the audience has seen it all before.

So even if the audience had seen a young troubled Finn posing with a gun, shooting in the forest and making threats against the society around him – what was the audience supposed to do? Nobody runs out of a movie theater to get a cop because a murder is about to be committed. We just sit back, munch our popcorn and wait for the ending to come.  The difference with YouTube is that the people watching can comment on the film and others can comment on the comments of others.

YouTube cannot be blamed for the site just as the audience cannot be blamed for not acting against the rantings of yet another gun-toting youth. The outrage should not be against the communications technology of the day but against the ability of disturbed people to be able to legally carry lethal weapons. For lets face it, if he had been armed with a knife, a hammer or a big stick – none of us would ever have heard of the Jokela high school in Tusby, Finland.


*The school shooting in Finland was another tragedy of the type we have almost come to expect on a regular basis. Probably the most shocking thing for Scandinavians is that this is the kind of thing that happens “only in America”. There is obviously no basis for this belief it’s just something everyone “knows” and therefore the shock is greater when our established knowledge is irrefutably challenged. No matter where things like this happen they are tragedies and the world should mourn the loss of life and innocence.

Never mention the technology

A few posts back I talked about travel and was stupid enough to mention the vulnerability of technology while traveling. I could do this because fundamentally I am not a superstitious person and I was speaking about the risk of forgetting a vital part of technology like a cable. Naturally things like this do not go unpunished and I was (almost) instantly struck by lightening.

The keyboard and pad to my macbook pro just stopped working. Using an external mouse and keyboard worked fine – basically a hardware error. But I was far away from rescue disks, backup systems, external hardware, support and any kind of help. Basically I was screwed.

So I spent my days traveling with dead technology, wishing it to work but to no avail. Fortunately I was back at home base (Göteborg) on Monday. Major backups, handing in the laptop to the repairman and then attempting to get my old laptop into some kind of working order. My old one is very unstable and insecure no matter what I do to it.

Getting a computer into shape takes time. All the minor adjustments that turns it from a mass market product into a comfortable work environment is a slow process. Eventually I managed to get to sleep only to wake up two hours later for no reason. Returning to sleep never worked. After tossing and turning I succumbed to the temptation and went back to adjusting my laptop.

Sometime during the night I began to think about an idea of my former professor, Bo Dahlbom. He used to claim that we were becoming a nomadic society. Naturally he was referring to a segment of society and generalizing. Even though it’s mostly by train I am beginning to feel like a nomadic tribesman. But there is a problem with the nomad analogy.

The nomads are a self-reliant group, their technology is durable, lightweight and basic. If they cannot carry it, service it or fix it then they will not use it. The same cannot be said of the tecchie nomads who need a well functioning infrastructure around them to be able to carry out the semblance of what they (we?) would call a normal life.

On the train platform I saw my first iPhone – sweet!

Talismans, Amulets, Mojos & Cell phones

Many of the The Beatles song lyrics are surreal or at least they seem so to the uninitiated. Attempting to decipher them seems to require a mix of pop culture, exotica and a broadminded approach to drug culture. One example is the great song Come Together from the album Abbey Road (1969). The tag-line Come together right now over me is really well known and appreciated but the rest is almost impenetrable.

He roller-coaster he got early warning
He got muddy water he one mojo filter
He say “One and one and one is three”
Got to be good-looking ’cause he’s so hard to see
Come together right now over me

Besides all possible, and impossible, interpretations one of the main themes in the song is the West African magic in particular the references to things like juju & mojo.

The mojo is a recurrent theme in music, in particular, blues music (Wikipedia has a list of references) its a magic charm carried under the clothes. Looking on the mojo as an outsider there is often a lack of understanding for the role it plays. Indeed often those relying on the mojo are seen as being superstitious.

Even in cultures where this occurs the talisman or amulet is commonplace. It is very difficult to precisely define what the talismans may, or may not, be as they can be different things to different peoples at different times. The main idea is that the talisman is there to protect the bearer. Again, to the non-believer this is simply superstition. However, many of those who argue this are prepared to wear a cross or other religious artifact every day.

In the secular society there is a tendency to look upon even religious symbols as being part of a superstitious infrastructure – they are more than unnecessary they actually limit the believing bearer from developing into an independent figure.

Whether you believe this or not is unimportant but I do find it interesting to see the way in which people behave when they are deprived of the technology. I don’t mean only the fact that they cannot use the technology I mean the way in which they behave when they have (inadvertently) misplaced or forgotten their technological artifacts.

If we ignore the functionality. How different is the insecurity and nervousness of a person deprived of his mojo to the feelings of a man deprived of his mobile phone? Does this mean that mass market technology has taken the place served by the good luck charms of our ancestors? Does a Nokia ward of evil spirits? Is male sexuality somehow connected to the contents of ones laptop?

Kissing Policemen

A Russian photograph depicting two kissing policemen by a Russian art collective has been excluded (banned?) from an exhibition of contemporary Russian art due to be exhibited in Paris next week. Alexander Sokolov, Russia’s culture minister has banned the photo entitled Kissing Policemen (An Epoch of Clemency).

Apparently Mr Sokolov sees the photo as a political provocation and has banned it together with 16 other works. (via Guardian Online)

Well no one will try to argue that Russia is a tolerant society or that the position of minister of culture is there to promote the arts.

The photo is a variation on, or homage to, the British artist Banksy’s Kissing policemen.

Kissing Policemen by Banksy (photo by David Singleton)

7 Ways To Ruin A Technological Revolution

Here is an online talk by one of the most interesting of tech-lawyers, the intellectual James Boyle talk is on YouTube and the subject is 7 Ways To Ruin A Technological Revolution. From the abstract:

If you wanted to undermine the technological revolution of the last 30 years, using the law, how would you do it? How would you undercut the virtuous cycle that results from access to an open network, force technological innovation into stagnation, diminish competition, create monopolies over the basic building blocks of knowledge? How many of those things are we doing now?

Boyle has been an impressive figure since his book Shamans, Software and Spleens: Law and the Construction of the Information Society came out in 1997 since then his writings include Papers on the Public Domain (James Boyle ed. 2003) and Bound by Law – A ‘Graphic Novel’ (a.k.a. comic book) on Fair Use.

He has also been central in the launching of Creative Commons and Duke Center for the Study of the Public Domain.

(via DigitalKoans)

Ethics for Scientists

The British government’s chief scientific advisor Professor Sir David King has set out a universal ethical code for scientists.

1) Act with skill and care, keep skills up to date
2) Prevent corrupt practice and declare conflicts of interest
3) Respect and acknowledge the work of other scientists
4) Ensure that research is justified and lawful
5) Minimise impacts on people, animals and the environment
6) Discuss issues science raises for society
7) Do not mislead; present evidence honestly

Professor King says: “We believe if every scientist followed the code, we would improve the quality of science and remove many of the concerns society has about research.”
The seven points are a bit obvious but then again maybe that’s the point?

(via Purse Lips Square Jaw)

Can we afford the humanities?

The humanities can be seen as the beginning and the backbone of the academic world. From the early origins the university was based on the study and humanism. The oldest still operating university (University of Bologna) began in 1088 when masters of grammar, rhetoric and logic began to devote themselves to law.

Despite the age and pedigree of the humanities they do not live a protected life. The position of the humanities is not as guaranteed in the world of the university – economic reality and a focus on invention and innovation have created an environment where research for its own sake is too often neglected. The mantra of the day is research that can be rapidly exploited by companies in making or improving necessary or unnecessary widgets.

This means that the university is not about study but that the focus should be more geared to being a prolonged arm of the corporate research and development.

Naturally in times when such production counts for everything those parts of the university that do not produce are seen as liabilities and face grim economic realities.

One such example is the humanities faculty at the University of Göteborg. Our university has decided to reduce the number of departments here. At present the faculty has 17 departments and the university plans to reduce this number to between four and eight.

Naturally a faculty cannot consist of an innumerable number of departments and the reduction is most probably a prudent and necessary move. But axing departments in the humanities is not a good method of promoting fundamental research in any society.

While the decision may be sound economics – is it really the right way to go?

ISP Liability in Sweden

Yesterday, the Cecilia Renfors presented the results of her investigation on copyright issues in relation to the Internet (press release in Swedish). The investigation entitled Music and Film on the Internet – threat or possibility? (Musik och film på Internet – hot eller möjlighet?). The purpose of this investigation was to understand and to create a way in which illegal file-sharing would decrease and users would be encouraged to pay for the downloading of video and audio.

The main suggestion in this investigation is to hold the ISP’s liable for users’ treatment of copyrighted material. In reality this would entail that the ISP would move from being an anonymous carrier of information to being actively involved in the content their customers desire. Cecilia Renfors suggests that the ISP’s should be forced to, for example, close accounts for users involved in illegal file sharing.

These suggestions have not been accepted quietly. Naturally the ISP’s are protesting – they don’t want to chase their own customers. But there is a wider issue at stake here.

Suppose that an Internet account is terminated because it has been used for illegal file sharing. This punishment does not fit the crime. Considering the drive towards e-government and the amount of services which are moving wholly online the loss of one’s Internet connection is too high a punishment. Another question is who actually carried out the downloading? Was it the underage child? Or is it a neighbor abusing an open network?

Most users do not know enough about their technology to control their own Internet accounts. In addition they do not know enough about the complexities of copyright law in relation to the Internet. A study (pdf here – in Swedish) user’s rights (paid for by an ISP), also presented yesterday, shows that most people do not know which actions in relation to the copying of copyrighted material are legal or not. This latter study shows that 83% of Swedish teenagers download music from the Internet. Half of them believe that when they make a copy of music for a friend or family member that this act is also illegal.

An example of scenarios presented in the examination:

My friend has bought a song on the internet. She plays it for me on her mp3 player and I would like to copy the song to my mp3 player. Is this act legal?

Teenagers answer
* No: 51%
* Yes: 29 %
* Don’t know: 21%

Teenagers parents answer:
* No: 55%
* Yes: 21 %
* Don’t know: 24%

The correct answer is that this act is legal. Sharing a legally purchased song with friends and family is permissible. It is not permissible to share it to the general public nor is it legal to circumvent technical protection measures to copy the song.

The lack of legal and technical information makes this a sensitive issue. Naturally everyone within a society is expected to know the laws which applies to them. Ignorance of the law can never be a defence. However, the fact is that few people really know whats what in copyright and online environments.

If we create an environment where we begin closing access to Internet we are taking a step back in the information society. Access to Internet today is arguably more important than being connected to a telephone system. Not that I would like to give up either.

Impossible Solutions

Like many European countries Sweden has arrived at the sensible conclusion that female genital mutilation is wrong. Male mutilation (circumcision) is still permitted. Sweden has criminalized female circumcision but the problem is how to enforce such a prohibition.

The first easy step is to ensure that hospitals, medical facilities and doctors do not perform the procedure. The next step is also reasonably easy to achieve and that is to prevent “amateurs” from performing the procedure.

The problem arises when attempting to prevent parents from taking their children abroad and carrying out the mutilation. Every so often a bright eager politician or spokesperson states loudly that certain groups of parents should not be allowed to take their children out of Sweden or that if they do then the children should be examined upon their return.

Fortified and justified with horrific images of mutilated females such cries often receive a great deal of nodding and concerned humming from the largely uninformed public. Such suggestions however are, despite their good intentions, fraught with harsh consequences for society at large and the individuals involved.

First there is the inherent racism of singling out specific groups due to their ethnic background. No matter how finely tuned the mechanism – This is racism plain and simple. Second there is a level of child abuse in the actual examination. No matter if the brutal act has been carried out or not – examining a young child in this way (either to just check or to secure evidence) is a form of child abuse. This can often be compounded by the fact that the young child may not understand what the (well intentioned) medical team is attempting to do. Third the effect of checking unwilling and possibly terrified people in this manner does not have a good effect on any of those involved.

In a recent case in Sweden the Discrimination Ombudsman is now claiming damages for a family whose ten-year-old daughter was subjected to such an examination after the family returned from a trip to Africa. As it turns out the girl had not been circumcised but everyone involved has simply assumed that this was the case based upon the ethnic background of the family. They were all found guilty and had to prove their innocence.

Preventing female circumcision is an important task but it must be balanced against the social costs that mistakes such as these entail.