20081015

Network Society course (V). Carol Darr: Citizenry in the Network Society (I)

Notes from the course Network Society: Social Changes, Organizations and Citizens, Barcelona, 15-17 October, 2008.

Citizenry in the Network Society
Carol Darr, Harvard Kennedy School

One American in then tells the other nine how to vote, where to eat, and what to buy. They are The Influentials (Ed Keller & Jon Berry).

Obama had little influence, short experience, etc. to have rallied for being the democrat candidate to the presidency of the US: to raise votes and, most important, to raise money. What did happen so that he could be a candidate to the primary elections and, actually, to end being the candidate to the presidential elections? Everybody can buy products, but not everybody does: how do you make people buy your product? There’re some people that influence others to do things.

The Influentials find new ideas, find new people, and gather information because they are all the time picking and pulling information from anywhere. The Influentials know what’s happening in their communities and build social networks, because they know e.g. twice as many people as any other person, and hence they are at the forefront of whatever is happening… or going to happen.

The Influentials are important, especially for politicians and governments:

  • Other people look for them and value their opinions
  • They engage and are active within their communities
  • They are at the cutting edge of events, 2 to 5 years beyond the rest of the world
  • They are deeply interested in politics

Being influential is about being engaged in community activities, disseminating information about these activities, letting your ideas being known in media or at events, directly letting your ideas being heard by decision-takers by taking part in their events or agendas or teams, etc.

Influentials, Poli-Influentials and Politicians

Influentials and Poli-Influentials do more things that define the profile of an Influential than politicians or other people do, especially those activities that are more active. But, indeed, also passive political activities have a higher level of engagement amongst Influentials and Poli-Influentials.

When talking about online proactive political activities, Poli-Influentials detach themselves from Influentials and Politicians, that (while less active the latter), approach their profiles.

Poli-Influentials have usually (and significatively) reached a higher education level, being 60% of them post-graduates (PhD, masters, etc.). Notwithstanding, education does not affect the kind of activities taken by anyone, just the degree. In other words: the more education, the more influential activities people engage in, but in just the same proportion (online vs. offline, imparting a conference vs. writing an article, etc.) that other people not as much engaged. As expected, passive activities get the lion’s share vs. proactive activities.

It’s astonishing [appalling?] to see how little involved Politicians are. And, against all myths, how highly involved are intensive Internet users.

Q&A

Q: If Barack Obama won the presidential election, would he be keeping the online channel “open”? Or was it just for campaigning? A: He does not have a choice. The conversation is set, so it is plain impossible to close it. People are now empowered, and they are not letting this be lost. On the other hand, the online channel benefits Barack Obama: because of the young profile of Internet users; and because the Internet requires proaction (is not passive) so it benefits charismatic leaders because their magnetism drives people inside the Internet and proactively look for information and engage in whatever online action.

Ismael Peña-López: This is the description of a profile… but what about the performance of these profiles? Politicians (by construction) get what they planned (they’re ruling anyway), but what about Influentials and Poli-Influentials? Why not everybody that does the things that influentials do, are that influent? What happens when influentials become rulers? Is it good? Is it bad? A: We might not know what Influentials’ impact is as individuals, taken one by one. But we do know that the activities that define the Influentials and Poli-Influentials profiles do have an impact on politics. Hence, we can infer, at the aggregate level, that the more influential activities you’re engaged in, the more influential (again, at the aggregate level) you’re likely to be. And, indeed, people behind influential activities are often used as an asset by partisans and politicians, to get ideas from them, to recruit them, etc. Concerning politicians (and other people) not engaged, this is a luxury that is not sustainable in he long run: the Internet has showed the power that it can feed to a newby (i.e. Obama) that knows how to be engaged and use empowering tools to raise communities and debate around him.

Q: what’s the liaison between online and offline engagement? A: There’s a closest link. People were already engaged before the Internet. The Net just made it easier. Of course, as an easier way to be engaged, it is becoming an excellent entry gate for people flirting with being influential, but all in all, sooner or later, they’ll create their offline or local communities, and engage in many other activities different than online.

Q: are offliners cease to be influentials? A: Not yet. There’s always people that knows everybody, the big media, the professional apparatus, etc. But it is likely to happen that the raise of video, that does not require written fluency, will shift the landscape towards a more balanced distribution of influence.

Q: Was it the lack of women in the Internet the reason why Hillary Clinton was not elected? A: Not likely. Barack Obama won because of other reasons: change, connection with the young, a personal philosophy similar to that of the Internet (freedom, conversation, proaction). Hillary Clinton represented just the opposite philosophy.

Marc López: Are we going towards a fragmented way of policy making? Towards a world of nano-lobbies and politicians serving nano-lobbies’ interests? A: Guess it’ll be just that way. Every single person of the world with a cellphone + camera has a world wide reach TV emitter.

More info

Institute for Politics, Democracy & the Internet (2004) Political Influentials Online in the 2004 Presidential Campaign (PDF file, 2.92MB)

Network Society: Social Changes, Organizations and Citizens





20081002

Seminar: Recent Intellectual Property issues in Internet Service Providers

By Ismael Peña-López — Average reading time 0'48minutes
Main categories: Cyberlaw, governance, rights | Meetings
Other tags: , , ,
[comments: 1]

Research seminar by professor Miquel Peguera at UOC headquarters about cyberlaw, focussing on ISP liability related to Intellectual Property Rights (mainly under the Spanish law).

Webs with links to P2P files

The case of Sharemula.com: main entertainment firms claim IP violation, because the site links (eD2k links) to files protected by copyright, shared in P2P networks. As Sharemula does not host itself the files, the site is not liable for copyright infringement.

Google Cache

The case of Megakini.com: quoting text in the search results is fair use; forbidding caching would be extending authors’ rights beyond its purpose.

(Surface) links

The case of Iura Rech: linking a web site is not a crime, but the link should be removed under petition.

Adwords

The conflict between organic searches in Google and Google Adwords: a trademark can be bought as search term (a Google adword) by an institution that does not own that trademark. For instance: adidas.

Two claims: to Google for selling that trademark; to third parties, for inducing mistakes or appropriation of other’s trademarks.

Law is not clear and it really depends on the country, the claiming and defendand parties, etc.

Video Hosting

The case of Viacom, the case of Tele5 vs. YouTube: in principle, ISPs are not liable for hosting third parties’ content. But e.g. YouTube goes beyond just hosting third parties’ content. So, what’s the solution?

The case of Io vs. Veoh: Veoh has not been found liable.

Auctions

Is eBay liable for publicising sales of pirate products?

Blogs: comments and data protection

Personal data appearing in blog comments is not liable for infringing both (Spanish) LOPD and LSSI, as it is assumed that the blog is like an ISP, whose liability beings when it is noticed about the illegal/infringing content.

More info

Miquel Peguera (forthcoming) When the Cached Link is the Weakest Link: Search Engine Caches under the Digital Millennium Copyright Act. In Journal of the Copyright Society of the USA




20080602

4th Internet, Law and Politics Congress (I). Eben Moglen: Living Apart Together: Social Networking in the Free World

By Ismael Peña-López — Average reading time 3'26minutes
Main categories: Cyberlaw, governance, rights | Meetings | Participation, Engagement, Use, Activism | e-Government, e-Administration
Other tags: , ,
[comments: 1]

Notes from the 4th Internet, Law and Politics Congress.
Session I

Opening

Eduard Aibar, Vice-President of Research, Universitat Oberta de Catalunya

Pere Fabra, Dean School of Law and Political Science, Universitat Oberta de Catalunya

Jordi Bosch, Head of the Telecommunicacions and Information Society Department, Government of Catalonia

Keynote speech

Eben Moglen

Living Apart Together: Social Networking in the Free World

Capitalism produces inherently defective technology, mainly because of the short sightedness of the whole process. Global heating and the combustion engine being one of the most present short sightedness examples of capitalism today.

Social networking software might be at stake and be another good example of such defective technology, which will potentially cause social harm in the future as these technologies will deviate from appropriate, optimum, goals.

The Net was created with a socialist ideology: Absence of advertising, absence of surveillance, absence of tracking what one was doing (reading, writing) on the Net, a collaborative philosophy. The Wikipedia is the best example of those principles put in practice.

Social Networking Software (SNS) are tools, owned by private capital, to subvert the essence of the Net for the benefit of capitalism and its capitalists: to include advertising, to add surveillance devices, to know who read what and when, and to focus on the individual and not the community.

Eben Moglen
Eben Moglen

SNS are, technically, but content management systems (CMS), and are hence not so revolutionary neither in their concept nor in their design. Actually, all the technologies and devices used are freely available to anyone so that many other SNSs can be built at will… without the need to give away your data to the people that are now managing them.

But the fact is that web server managers are using web server logs to watch all the traces a user leaves on a web server — actually, yet another subversion of the socialist design behind the web: web server logs where intended to optimize software and bandwidth use, not for user surveillance —. And datamining is born.

So a model of you — and not a model of people, but a model of you is drawn each and every day. So the whole interest of capitalism in technology is to stimulate purchases and so increase sales.

So, instead of helping people get their own SNSs on their own web servers, a faustian bargain is made where “free” access to “free” software is given in exchange of personal data… and promise of future purchases. And how do you keep anything secret from anyone?

We should be aware that there is no technical need to keep on with on with this way of behaving, but just convenience, where convenience means you don’t have to think, and others are about to think about you without any restriction.

It’s just possible that in a near future, the possibility of wiping out advertising from web pages — as some web browsers are increasingly trying to — will take off. And then, the Web 2.0 hype will be over, as there’ll be no business to be done by providing “free” web spaces to everyone.

On the other hand, the actual business model of SNSs is not only challenging citizenry privacy, but also the business model of telecoms, whose business of moving along chunks of data, bits and bytes, is no more profitable, and their shift towards premium content is blocked by big media companies that do own content and are investing in alternative ways of distributing it by circumventing telecoms: SNSs.

Q&A

Me: how do we face sustainability of these desirable services if we take out ads and/or paying with our data? EM: The free software model, or the Wikipedia model can help in this. Me: but where’s the limit of volunteer responsibility and commitment? EM: It’s just that we don’t need any business model. In a socialist world, and with existing technology, we can bring good services in other ways and keeping out of the equation the gatekeepers, that insist in wanting to have “their” money.

Mónica Ariño: next step?

EM: Making people aware of the faustian bargain, of what’s been done with their lives without their consent and in constant secrecy. So, what’s the programme of the revolution? The first step is won: free software is a real possibility. Next step is the deterioration of media control, ISPs (”the switches”) control, etc. We have to end the ownership of culture. We have to end network operators. We have to reach an advanced step of development with the ability of every citizen to send and receive information in equal conditions.

Carlos Alonso: how do we spread this ideology all over the rest of socioeconomic sectors… and in a brief period of time (not in 200 years, like the industrial revolution)? EM: There’s a good amount of products and services that are produced at a non zero cost but copied, distributed and consumed at zero cost. So the model does already work. And where products are produced at zero cost, the answer is even more valid. And if we include the long run in the equation, it does fit even better. Because, are we talking about social benefit, profit or greed?

4th Internet, Law and Politics Congress




If you need to cite this article in a formal way (i.e. for bibliographical purposes) I dare suggest:

Peña-López, I. (2008) “4th Internet, Law and Politics Congress (I). Eben Moglen: Living Apart Together: Social Networking in the Free World” In ICTlogy, #57, June 2008. Barcelona: ICTlogy.
Retrieved month dd, yyyy from http://ictlogy.net/review/?p=737




20070508

3rd IDP Congress on Internet, Law and Politics. Briefings, part VIII: Use of technology among law professionals

By Ismael Peña-López — Average reading time 2'32minutes
Main categories: Cyberlaw, governance, rights | Knowledge Management | Meetings
Other tags:
The Congress on Internet, Law and Politics has the aim of continuing the task of reflecting on, analyzing and discussing the main changes taking place in law and politics in the information society. This third congress focuses on the questions that currently represent the most important challenges and new developments in the fields of copyright, data protection, Internet security, problems of responsibility, electronic voting, and the new regulation of e-Administration, as well as dedicating a specific area to the current state of the use of new technologies by law professionals.

Lawyers and information technologies: uses and trends
Marta Poblet, researcher at IDT, the Law and Technology Institute, Autonomous University of Barcelona

Left to right: Pere Fabra, Marta Poblet
Left to right: Pere Fabra, Marta Poblet

The topic says that lawyers are technophobes, but really shows that (mostly) they are not. In Europe there is a strong interest in how lawyers in Spain are doing with ICTs. The reason for choosing Spain is that the ration of lawyers per person is the highest and, also, they mostly work autonomously outside of big firms. Hence, how they manage with ICTs is important because institution says that those tools help empower this individuals so they can interact in the market with ease.

A study shows that ICTs are quite well integrated in day-to-day lawyers’ activity, reaching for instance a 93% of e-mail use or web browsing. This technology adoption seems to back the fact that it is easier now to work from one’s workplace instead of having to commute to the clients’ place. On the other hand, handhelds and other mobile devices have also been quickly adopted as a means to set up one’s mobile office.

BTW, this arises the question of the sensibility of data transferred through e-mail and how the efficiency of e-mail management has become a must and a top priority among firms: knowledge management, e-mail content backup and filing, etc. And, indeed, should firms “monitor” the employees’ correspondence in order to reach quality standards, accomplish institutional discourse, etc. This would include the employees taking part into forums, blogs and virtual communities in general.

Pere Lluís Huguet, Dean of the Reus Guild of Lawyers,
President of CICAC, the Council of Catalan Lawyers’ Guilds

[Pere Lluís Huguet reinforces Marta Poblet's observations about e-mail management and the leadership of spanish lawyers in the adoption of ICTs in Europe]

Left to right: Miquel Roca, Pere Lluís Huguet, Luis Fernández, Marta Poblet
Left to right: Miquel Roca, Pere Lluís Huguet, Luis Fernández, Marta Poblet

Notaries’ application of ICT
Miquel Roca Bermúdez de Castro, notary

Lawyers are both issuers and users of electronic signature. As users, e-signature is absolutely a need and a legal requirement for notaries. And the key of success is usefulness: if a new tool is useful for a notary’s client, the tool will last.

Electronic signature will enable all the notaries in Spain to work networked, using the same systems and data, and with the maximum guarantees of security. And security not only because systems are properly protected, but because of traceability of all actions performed within the network, which is quite an important issue in notaries’ work.

Uses of ICT in mercantile and property registers
Luis Fernández del Pozo, mercantile registrar

What the citizen wants is not doing the same procedures in the same places, but with the public servant noting them down on a computer, but doing less procedures and doing them online. One of the frustrations about e-Administration is that some duplicated procedures that could be either eliminated or automated do still have to be done by those citizens. There is a sort of leap from old fashioned procedures to state of the art e-Administrations with poor results while simple but effective ideas could be implanted without much buzz or budget and maximum satisfaction.

On the 3rd IDP Congress on Internet, Law and Politics, see also:

If you need to cite this article in a formal way (i.e. for bibliographical purposes) I dare suggest:

Peña-López, I. (2007) “3rd IDP Congress on Internet, Law and Politics. Briefings, part VIII: Use of technology among law professionals” In ICTlogy, #44, May 2007. Barcelona: ICTlogy.
Retrieved month dd, yyyy from http://ictlogy.net/review/?p=545




3rd IDP Congress on Internet, Law and Politics. Briefings, part VII: The Law on e-Administration

By Ismael Peña-López — Average reading time 2'27minutes
Main categories: Cyberlaw, governance, rights | Meetings | e-Government, e-Administration
Other tags:
[comments: 1]
The Congress on Internet, Law and Politics has the aim of continuing the task of reflecting on, analyzing and discussing the main changes taking place in law and politics in the information society. This third congress focuses on the questions that currently represent the most important challenges and new developments in the fields of copyright, data protection, Internet security, problems of responsibility, electronic voting, and the new regulation of e-Administration, as well as dedicating a specific area to the current state of the use of new technologies by law professionals.

Law Project for the electronic access to Public Administration by the citizenship
Juan Miguel Márquez, Director General of Administrative Modernisation at the Spanish Public Administration Ministry

The aim of the new law is avoiding having to include tons of exceptions or specific cases on “analogue” law on the Public Administration. Thus, this new project provides a brand new framework that includes, on its ground basis, all kind of electronic approaches. Another big aim is to bring into this new framework absolutely all public services so they can be accessed digitally, not just a handful of them: the right to access the Administration, regardless of the platform or the means, is now the goal of this new law (actually in a draft/project version).

The e-Administration Law
Julián Valero, Professor of Administrative Law, University of Múrcia

Left to right: Agustí Cerrillo, Juan Miquel Márquez, Julián Valero
Left to right: Agustí Cerrillo, Juan Miquel Márquez, Julián Valero

Law, a barrier? There is a crisis in the scope of Law, but Law should come first, and then technology, not the other way egovbarriers.org is just doing a research in this field: in what measure Law is a barrier to technology and technological change.

In this sense, the new law puts some order in some things that were already happening in a somewhat existing “legal void” related to technology and law. This does not mean that we have to forget all guarantees, but evolution is now a need, and the statu quo does not anymore give most answers to nowadays’ reality.

On the other hand, the challenge is to avoid entering into “fashion regulation”, and regulate each and every case as e-Administration when (a) maybe it is already solved or (b) maybe it requires highest level regulation instead of case to case regulation.

One of the best improvements of this law project is that it does not detail each and every procedure (as it was usually done until now), but just set a framework, and quite a flexible one. This is, of course, a good asset, as technology is so quickly changing that, as it had long happened, it overrode or invalidated the regulation framework.

A lacking question in this new law is networking: it is not the same thing information or communication (i.e. data sharing, data transmission), that working with the same information (i.e. working with the same databases), which should be (if it not really is) the reality and not just a hypothesis.

A couple of interesting links:

Last but not least: on one hand, the new law enables brand new paths, but, on the other hand, it does not empower little (i.e. local) Administration neither with sufficient budget nor with applications to go on and implant the law in its full scope. This might generate a divide among those Administrations that can and the ones that cannot implant full e-Administration as the law sees it.

On the 3rd IDP Congress on Internet, Law and Politics, see also:

If you need to cite this article in a formal way (i.e. for bibliographical purposes) I dare suggest:

Peña-López, I. (2007) “3rd IDP Congress on Internet, Law and Politics. Briefings, part VII: The Law on e-Administration” In ICTlogy, #44, May 2007. Barcelona: ICTlogy.
Retrieved month dd, yyyy from http://ictlogy.net/review/?p=544




3rd IDP Congress on Internet, Law and Politics. Briefings, part VI: Electronic voting

By Ismael Peña-López — Average reading time 2'33minutes
Main categories: Cyberlaw, governance, rights | Meetings | Participation, Engagement, Use, Activism | e-Government, e-Administration
Other tags:
The Congress on Internet, Law and Politics has the aim of continuing the task of reflecting on, analyzing and discussing the main changes taking place in law and politics in the information society. This third congress focuses on the questions that currently represent the most important challenges and new developments in the fields of copyright, data protection, Internet security, problems of responsibility, electronic voting, and the new regulation of e-Administration, as well as dedicating a specific area to the current state of the use of new technologies by law professionals.

Do we need e-voting?
Josep Maria Reniu, Professor of Political Sciences, University of Barcelona

Left to right: Rosa Borge, Gerard Cervelló, Josep Maria Reniu
Left to right: Rosa Borge, Gerard Cervelló, Josep Maria Reniu

The digital evolution in the public arena is, clearly, slowed down by what happens with voting. And what is happening is, besides lots of pilot projects, few things: electronic voting is still in very early stages.

Nevertheless, the problem is neither lack of (pilot) experiences nor lack of tools and approaches, but a decisive step to implant e-voting. And the question is: do we really need e-voting?

Doubts on:

  • Convenience + technooptimism: our actual system is simple [in Spain], thus there is “no need” to do it electronically in order to make it simpler. On the other hand, technological optimism needs reliability of the system, but it really is not that reliable.
  • Cutting down costs: DREs are expensive. There still is paper as a voting receipt. And open source software is still not a standard, so customization is still expensive.
  • More and better participation: experience have not demonstrated more or less participation. Pilot experiences replication causes weariness (”always experimenting, we want the real thing”). It is true that geographical distribution in participation has been improved.
  • Elimination of invalid votes: not a doubt, but a statement. But, there are some voters that do want to express a null vote, hence, we are
  • Democratic divide: due to digital divide.
  • Security and voting guarantees: not 100% secure. Uncontrolled environments that do not guarantee free voting. Anonymity not guaranteed.
  • Individual and collective verification: how to certify that one’s vote is there? And, on the other hand, free access to the source code is required to control the system… and one has to have the knowledge to understand it, so audits become non universal.
  • Citizenship acceptation: technophobia, insecurity, lack of interest, tradition/liturgy.

Certainties on:

  • Modernization of processes: flexibility of technology
  • Cutting down on costs: paper
  • increase of participation: some collectives such as expatriates. Appeal for youngest generations
  • Several participative applications: languages, colors, etc.
  • Need for an electronic ID card
  • Need for specific voting authorities: competent to give confidence
  • Coexistence of traditional voting and electronic voting: complementary, gradual

Conclusions: electronic voting does not solve anything; digital literacy is a need; a complementary solution; better participation will rely on better information of citizenship.

Secure Electronic Voting
Gerard Cervelló García, Public Administration Manager at SCYTL

What is not electronic voting: electronically managing votes at the backend system. By electronic voting we mean digitally expressing one’s vote.

[Gerard Cervelló gives an overview similar to Josep Maria Reniu's. I'll just add here the new topics, opinions, approaches]

Electronic voting offers fastest counting.

A smart option against the highest cost of DREs would be remote voting by means of personal computers, mobile phones or other devices that already exist in the hands (or in public centers such as libraries) of voters.

Requisites of electronic voting:

  • usable: easy to understand
  • accessible: for everyone
  • available: no “sorry, I’m rebooting”
  • reusable
  • gives confidence: both to the voter and to the Administration

(Not) surprisingly, one of the barriers e-voting has to face is legal framework: most regulations for voting do not allow e-voting, because the way voting is described usually leave out i.e. remote voting, non paper voting, etc.

On the 3rd IDP Congress on Internet, Law and Politics, see also:

If you need to cite this article in a formal way (i.e. for bibliographical purposes) I dare suggest:

Peña-López, I. (2007) “3rd IDP Congress on Internet, Law and Politics. Briefings, part VI: Electronic voting” In ICTlogy, #44, May 2007. Barcelona: ICTlogy.
Retrieved month dd, yyyy from http://ictlogy.net/review/?p=543








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