No twittering in court

A post on Slashdot this morning dealt with a juror who posted twitter comments about a trial (while it was in progress) and the effects of this may be to declare the trial a mistrial.

“Russell Wright and his construction company, Stoam Holdings, recently lost a $12 million dollar lawsuit brought by investors. But lawyers for the firm have complained that juror Johnathan Powell’s Twitter comments broke rules when discussing the civil case with the public. The arguments in this dispute center on two points. Powell insists (and the evidence appears to back him up) that he did not make any pertinent updates until after the verdict was given; if that’s the case, the objection would presumably be thrown out. If Powell did post updates during the trial, the judge must decide whether he was actively discussing the case. Powell says he only posted messages and did not read any replies. Intriguingly, the lawyers for Stoam Holding are not arguing so much that other people directly influenced Powell’s judgment, rather that he might have felt a need to agree to a spectacular verdict to impress the people reading his posts.”

This is an interesting example of the way in which new technology practice is clashing with established rules and ideas. During the recent Pirate Bay trial in Stockholm there was a vertible information orgy with live audio feed, spectators twittering from within (and outside) the courtroom and live bloggers en masse – in addition to traditional media channels. Yet the interesting thing was that the audio tape picked up the judge telling individuals in the courtroom that no pictures could be taken. On a least two occaissions the judge asked whether a laptop and a phone was being used to film the proceedings.

Everybody was filmed, photographed and interviewed entering and leaving the courtroom. All the participants were activly seen courting and presenting their cases to the media on the courtroom steps – but no photographs in the courtroom.

When a witness who was to be heard at a later date was discovered in the audience he was asked to leave. Before leaving he asked whether he was allowed to listen to the radio. The judge understood the futility of the rules when he replied – well you cannot stay in here.

The “no images” rule in Sweden or the no communicating in the US are rules which need to be explained logically to the participants. Naturally the principles of justice and equality must be upheld and should not need to be questioned at every turn…

Bionic eye

It’s hard to be critical towards technology when reading stories such as this. A blind man who has been unable to see for thirty years has got some of his sight back.

The system is called Argus II and is described by BBC as:

It uses a camera and video processor mounted on sunglasses to send captured images wirelessly to a tiny receiver on the outside of the eye. In turn, the receiver passes on the data via a tiny cable to an array of electrodes which sit on the retina – the layer of specialised cells that normally respond to light found at the back of the eye.

When these electrodes are stimulated they send messages along the optic nerve to the brain, which is able to perceive patterns of light and dark spots corresponding to which electrodes have been stimulated.

Totally amazing…

Technology too far

Technology is fun and often frustrating but for me the most frustrating element of technology are touch screens and automatic sensors. The reason for this is that they never seem to work properly when I am around. As a result I stand in public restrooms pointlessly waiving my hands under the tap and hoping for water. Or standing in line at for train tickets only to attempt to attempt to input my wishes on a touch screen that adamantly insists that I am not here.

Its not like I have not tried different strategies to attempt to fool the technology in question. My cooker at home is based on touch screen technology so I know what I am talking about. But the cooker at home is not as embarrassing as all the public technology and in particular not being able to work the technology available in the men’s room.  The last area is also more than mildly disturbing from a hygienic point of view when I think about others who cannot wash their hands.

I want a return to knobs and switches, taps and real buttons so I will not look like such a fool in public. So! From a hygiene point of view I demand a return to the more primitive technology! Call me a luddite if you want, but all I want to do is to be able to wash my hands in the bathroom…

More crap in the kitchen

How much unnecessary technological crap can you fit in a kitchen? Obviously this depends on your definition of unnecessary, technological and crap – in addition to the size of your wallet and kitchen. But taking a walk through the aisles of kitchen products available is a frightening display of the excellent collaboration between product developers and marketing departments.

In much of the developed world the basic kitchen contains a cooker, an oven, a fridge and a freezer. Beyond this some would argue that the microwave is a basic necessity but after that things get more complicated since the line between necessary and unnecessary becomes blurred and ever more subjective and difficult: Is a toaster a necessity? What about a coffeemaker?

Even if we limit this exploration to those products that require a powersource the list is impressive: A bread maker, rice maker, pizza maker, popcorn maker, juice maker, kitchen aid, electic knife sharpener, milk foamer, egg boiler, juicer and sandwich maker…

pizza

popcorn1 eggs

Of these strange products that surprise and annoy me the most are the ones which are completely unnecessary – I know the term is vague – the pizza maker, the egg boiler and popcorn maker are all excellent examples of products which do not really increase efficiency in the kitchen. These three machines do not make the tasks of boiling eggs, poping corn or making pizza any easier. They are products which show the great advances which can be made so long as there is a strong marketing department creating desire.

Social and Technological Determinism

It’s been a long time since I had a real good discussion on determinism but recent discussions online and off have brought determinism back in focus. In particular the differences between technological and social determinism.

As a brief recap technological determinist believes “the uses made of technology are largely determined by the structure of the technology itself, that is, that its functions follow from its form” (Neil Postman). On the opposite side of the spectrum is social determinism which, as Langdon Winner states, “What matters is not the technology itself, but the social or economic system in which it is embedded”. Basically that society is not controlled by technology but innovation and the consequences of technology are shaped through the influences of things like culture, politics, economic arrangements and regulation.

What really annoys me with both these positions is their lack of flexibility. In order to make their positions work both the social and technological determinist attempts to be blind to facts which do not support their pet theory.

Look at file sharing – yes I know that this is a big target.

The regulation of file sharing through social, economic, political and moral attempts have been a failure in attempting to change the way in which certain social groups behave. Given fixed price, high bandwidth Internet connections and high storage – low cost mp3 players there is a high incentive to file share. Technology alone is not enough. The low chance of getting caught is also an incentive to copy.

But being either/or in attempting to explain the reason for file sharing is too narrow minded since it can only provide a limited view of the problem. So when the legislator attempts to regulate the problem it is indispensible to see both the social and technical forces which drive social changes related to technology.

Photographic film and social change

While in Vienna I saw the surprising and nostalgic sight of two tourists helping each other to change a role of film in their camera. The development of film has been superseeded by digital cameras which themselves are losing to mobile phone cameras. Mobile phone cameras are digital cameras but the camera as an artefact is slowly disappearing. Another thing that happened in Vienna was that I browsed a collegues photographs of the art she had seen over the last year all stored in her mobile phone – no need for a camera here.

The demise of photographic film is a fascinating story beginning way back in 1876 when Hurter and Driffield experimetnted with light sensitivity of film. Naturally early photography did not use rolls of film which I have pangs of nostalgia for but the early daguerreotypes used tricky glass plates consisting of polished silver surfaces coated silver halide particles deposited by iodine vapor (wikipedia).

Eastman Kodak changed all this in 1885 with the first flexible photographic film. This breakthrough made cameras cheaper, easier to use, lighter to carry and the era of snapshot photography was launched. Now the photographer could easily carry a camera and use it on people who did not have to be standing still. The privacy implications launched a major discussion into the nature of privacy in relation to technology. The seminal article in the privacy field is The Right to Privacy by Warren and Brandeis (1890), is still widely quoted.

The move from the heavy and complex equipment to the small, cheap and portable devices show how changes in base technology affect social change. The ubiquitous holiday snaps are a product of these developments. Now that this phase is going to its grave, being overtaken by digital photography, we see new developments. More photographs are being taken and (maybe) saved but there also seems to be an issue of accessibility and use.

If the pictures are not online do we ever look at them?

Blaming the wrong technology

When Google Earth launched there were security concerns. Could this kind of technology be used for the wrong reasons? Well this may or may not be a problem but what is really silly are the attempts to use the events in Bombay as an illustration of the dangers of technology. Computerworld:

The terrorists who attacked various locations in southern Mumbai last week used digital maps from Google Earth to learn their way around, according to officials investigating the attacks…Google Earth has previously come in for criticism in India, including from the country’s former president, A.P.J. Abdul Kalam.

Kalam warned in a 2005 lecture that the easy availability online of detailed maps of countries from services such as Google Earth could be misused by terrorists.

So what if the terrorists used Google Earth? According to Wikipedia they attacked

…the Chhatrapati Shivaji Terminus, the Oberoi Trident, the Taj Mahal Palace & Tower, Leopold Cafe, Cama Hospital, the Orthodox Jewish-owned Nariman House, the Metro Cinema, and a lane behind the Times of India building behind St. Xavier’s College.

Most if not all of these locations would be listed in any guidebook, many of them are century old landmarks and yet some people are attempting to blame Google Earth as if the attacks could not have been carried out without technology.

It is very popular and easy to blame IT for attacks, take for example the shootings in Finland were all but blamed on YouTube since the gunman left films there. It’s a pity that these types of arguments are not used against the acual weapons used. Instead of blaming a software company maybe the blame should be placed at the small arms industry.

The ethics of stealth photography

Taking pictures of unkonwn people is always tricky. Even if the law in Sweden allows public photography it always feels like an invasion of privacy to point a lens at someone. So first when I saw this strange periscope lens it made perfect sense.

Super Secret Spy Camera

So a periscope lens would prevent the photographer from being spotted. But using a periscope to take photographs actually seems even worse than pointing an ordinary lens on people. Ah, what an ethical dilemma…

Information control in a connected world

In 1973 in Stockholm a bank robbery went wrong and resulted in a six day hostage situation when the police showed up and the would be robbers withdrew into the vault with four hostages. The police managed to enter the bank and close the vault door. The police then opened a hole in the vault roof in order to communicate with those inside (short piece on Wikipedia). While in the vault the hostages began to fear the police and sympathize with their captors in a psychological process which has come to be known as the Stockholm Syndrome. But I digress.

An interesting factor was the way in which communications took place. The authorities (including the Prime Minister) and criminals communicated via telephone. The robbers inside the vault had no way of monitoring the outside world or communicating with it freely.

Now fast forward to Mumbai last week. According to Gizmondo the terrorists inside the hotel did not rely on traditional communications methods

Commandos were not only surprised to find the devices [BlackBerrys] in the terrorists’ rucksacks, but that they used the internet to look beyond local Indian media for information, watching the global reaction in real-time as well.

There is something shocking, and at the same time predictable, about the authorities naivete about the terrorists use of technology. Why wouldn’t a terrorist be monitoring the outside world for reactions?

In addition to this the way in which the outside world understood what was happening inside the hotel was not a traditional news source controlled and transferred by authorities. In a hallway conversation Martin Börjesson (a colleague) and I exchanged notes about our news uptake from the Mumbai attacks. Naturally we used traditional media – but neither of us believed that they really knew anything. More interestingly we followed news feeds such as twitter and a flock of blogs (or what is the right word?)

Following blogs is something both Martin and I do everyday so we were not surprised by this. What was interesting however was the experience that some online sources were clearly political disinformation attempting to place the blame for what was happening at the door of different states. (Bruce Schneier has some interesting takes on the outside conversations and analysis). Clearly following live feeds is also demands a questioning of sources.

Mumbai has shown that web technology is used: (1) by the terrorists (2) by the world (3) by the media. The result is an amazing mix of rehashing of information, the transmitting of live experiences (from within and from those witnessing) and formal channels. The question is can, and should, the authorities be able to control this information? The first answer is that controlling this information is only possible at a great cost and at a great loss in the ability of others to transmit innocent information. It is doubtful whether a media blackout is at all possible. Should it be possible – not sure. As the BlackBerry’s show the terrorists monitored the outside world and possibly profited from the information, but would the outcome have been much different if they did, or could, not?

Information control is not dead but it is being taken to a new level… to be continued…

Open debate, free speech & copying

On Thursday last week a group of Swedish artists and writers spoke up in an op-ed on the topic of file sharing. Their motives and point of view are clear. Their timing is also to act out in support of the coming parliamentary vote that will create a harsher environment around illegal file sharing.

The op-ed begins with the idea that they [the artists/writers] had been too silent in their opposition to file sharing. The reason they state for this silence is the fear of “hate attacks from notorious file sharers” (my translation from: “hatattackerna från notoriska fildelare”).

This is an incredibly interesting position. These artists/writers are public figures and as such have a position from which they can easily publicise any and all opinions they may have. They are the media elite – when they talk reports listen. And yet they are asking for sympathy from the public since they are the victims of a group which does not have the same platform. The very fact that they have written and published an op-ed in one of Sweden’s largest and most important newspaper should suffice to prove this point.

This false humility, this wringing of hands, this wearing of sack-cloth and ashes is irritating but it could also be seen as a rhetorical move. Even so, the position of the poor-little-me-I-am-just-a-pop-star attitude is patently false and more provocative than they seem to understand.

The group of artists/writers who signed the op-ed seem to desire a world where they have the ear of the media, the platform to publish and to be discussed (in polite terms) but are not ready to meet criticism from the broader public – from those who they are selling to!

Whether it is culture or whether it is hamburgers the seller must be able to accept the criticism and choices of the buyers. I am a vegetarian and I will criticize any attempts meat sellers make to portray happy livestock. If an artist/writer makes an uniformed/stupid statement from the platform of fame and position of importance they have achieved, then I have the right to criticize them from below – without this being referred to as a hate-attack. If you speak out in public you must expect a reply. You may not like that reply but if you are unable to cope with the reply then you should not have entered the public arena.

This post was going to be about the content of the opt-ed but as you may have noticed I got stuck on the introduction and could not move beyond. So I take the easy way out and quote from the Industrial IT Group and a blog post they entitle: Stupidity in the age of information

…digital products are, by definition, open for being copied. This is the essence of the notion of digital. While some see this as a curse many of us see this as a blessing. Reinforcing laws surrounding filesharing comes at a prize and I see it as neither possible nor desireable to fight filesharing.

To this I would just like to add the schizofrenic position of encouraging and praising the importance is consumerism through digital gadgets and widgets while attempting to limit their use…

To the politicians about to vote on the coming legal proposals, a question: When you give your child an 120GB ipod – what are you expecting that they will do with it?