June 2009

First Amendment Protection of Search Algorithms as Editorial Discretion

by Berin Szoka on June 4, 2009 · 34 comments

Cory Doctorow has called for a Wikipedia-style effort to build an open source, non-profit search engine. From his column in The Guardian:

What’s more, the way that search engines determine the ranking and relevance of any given website has become more critical than the editorial berth at the New York Times combined with the chief spots at the major TV networks. Good search engine placement is make-or-break advertising. It’s ideological mindshare. It’s relevance…

It’s a terrible idea to vest this much power with one company, even one as fun, user-centered and technologically excellent as Google. It’s too much power for a handful of companies to wield.

The question of what we can and can’t see when we go hunting for answers demands a transparent, participatory solution. There’s no dictator benevolent enough to entrust with the power to determine our political, commercial, social and ideological agenda. This is one for The People.

Put that way, it’s obvious: if search engines set the public agenda, they should be public.

He goes on to claim that “Google’s algorithms are editorial decisions.” For Doctorow, this is an outrage: “so much editorial power is better vested in big, transparent, public entities than a few giant private concerns.”

I wish Doctorow well in his effort to crowdsource a Google-killer, but I’m more than a little skeptical that anyone would actually want to use his search engine of The People. My guess is that, like most things produced in the name of “The People” (Soviet toilet paper comes to mind), it will probably won’t be much fun to use, and will likely chafe noticeably. (For the record, I love and regularly use Wikipedia; I just don’t think that model is unlikely to produce a particularly useful search engine. As Doctorow himself has noted of Google, “they make incredibly awesome search tools.”)

But I’m glad to see that Doctorow has conceded an important point of constitutional law: The First Amendment protects the editorial discretion of search engines, like all private companies, to decide what to content to communicate. For a newspaper, that means deciding which articles or editorials to run. For a library or bookstore, it means which books to carry. For search engines, it means how to write their search algorithims. Continue reading →

34 comments

Online Safety Technology Working Group (OSTWG) Is Underway

by Adam Thierer on June 4, 2009 · 24 comments

The first meeting of the Online Safety Technology Working Group (OSTWG) took place today and I just wanted to provide interested parties with relevant info and links in case they want to keep track of the task force’s work. As I mentioned back in late April, this new task force was established by the “Protecting Children in the 21st Century Act,” (part of the ‘‘Broadband Data Improvement Act’,’ Pub. L. No. 110-385) and it will report to the Assistant Secretary of Commerce for Communications and Information at the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA).

I’m happy to be serving on this new working group and I am particularly honored to be serving as the chairman of 1 of the 4 subcommittees. The four subcommittees will address: data retention, child pornography, educational efforts, and parental controls technologies. I am chairing that last subcommittee on parental controls. The task force has about 35 members and we have a year to conduct our research and report back to Congress. Here are some relevant links from the NTIA website that provide additional details about this task force:

Of course, this is certainly not the first task force to explore online safety issues. There was the COPA Commission (2000), the “Thornburgh Commission” report (2002), the U.K. “Byron Commission” report (2008), the Harvard Berkman Center’s Internet Safety Technical Task Force (2008), and the NCTA-iKeepSafe-CommonSenseMedia “Point Smart, Click Safe” working group, which is due to issue its final report shortly. [Full disclosure: I was a member of that last two task forces as well.] I’m currently working on a short paper that attempts to summarize the remarkably similar findings of these important child safety working groups. Generally speaking, they all concluded that education and empowerment, not regulation, were the real keys to moving forward and making our kids safer online.

24 comments

Many Ways to Follow the TLF!

by Adam Thierer on June 2, 2009 · 9 comments

This is just a quick reminder to both faithful and fair-weather readers that there are many ways to keep up with what we’re saying here at the Technology Liberation Front, including:

(1) RSS

Subscribe in a Reader

(2) Twitter

(3) Facebook

(4) Daily email alert

(5) Podcast

…
Or just make the TLF your browser’s welcome page! What better way to start each day?

Finally, as always, we appreciate your support, attention, tolerance of our rants.

9 comments

At CFP Today

by Jim Harper on June 2, 2009 · 7 comments

I’ll be speaking on a panel titled “The Future of Security vs. Privacy” today at the Computers Freedom and Privacy conference. If you’re in Washington, D.C., come on by the Marvin Center at George Washington University and head up to the third floor. The conference continues through the week.

The organizers say C-SPAN will be recording parts of today, and it is supposed to be streamed live here. You Twitterers can follow the conversation by checking out the official hashtag: #cfp09. Be sure to say your piece, as well.

7 comments

Cuban on Fragmentation & Attention in the Blogosphere (or Why Power Laws Really Do Govern All Media)

by Adam Thierer on June 1, 2009 · 14 comments

Mark Cuban penned a sharp piece over the weekend entitled “Who Cares What People Write?” in which he explains why people shouldn’t get too worked up about what they might read about themselves (or their organizations) online since, chances are, very few people are ever going to see it anyway. To explain why, Cuban identifies two kinds of “Outties” (which is shorthand for someone who publishes on the web): (1) “professional outties” (or “Those that attempt to publish in a limited number of locations to a maximum number of readers or listeners, with a reasonable expectation of building a following.”) and (2) “amateur outties” (“Those that attempt to publish in as many places as possible hoping they are “discovered.”) But those “amateur outties… really [have] no impact on 99.99pct of the population,” Cuban argues, “[and the] vast majority of what is written on the web goes unread and even that which is read, is quickly forgotten.” Moreover, “even when something is heavily commented on, it is usually just an onslaught by the ‘amateur outties.’”

Thus, Cuban concludes:

Fragmentation applies to 100pct of media. We have gotten to the point where it is so easy to publish to the web, that most of it is ignored. When it is not ignored and it garners attention, the attention is usually from those people, the amateur outties, whose only goal is to create volume on the web in hopes of being noticed.

That’s not to say there are no sites that people consume and pay attention to. There obviously are. That’s where the “professional outties” come in. They are branded. They have an identity that usually extends beyond the net. They are able to make a living publishing, even if its not much of one. They are the sites that people consume and may possibly remember.

The moral of the story is that on the internet, volume is not engagement. Traffic is not reach. When you see things written about a person, place or thing you care about, whether its positive or negative, take a very deep breath before thinking that the story means anything to anyone but you.

Continue reading →

14 comments

Thomas Sowell on the Model that Drives Elitist Ideological Crusades

by Adam Thierer on June 1, 2009 · 23 comments

Berin recently encouraged me to re-read Thomas Sowell’s The Vision of the Anointed: Self-Congratulation as a Basis for Social Policy, which I hadn’t looked at since I first read it back in 1995 or 96. I’m glad I did since Sowell’s work has always been profoundly influential on my thinking (especially his masterpiece, A Conflict of Visions) and I had forgotten how useful The Vision of the Anointed was in helping me understand the reoccurring model that drives ideological crusades to expand government power over our lives and economy.

“The great ideological crusades of the twentieth-century intellectuals have ranged across the most disparate fields,” Sowell noted in the book. But what they all had in common, he argued, was “their moral exaltation of the anointed above others, who are to have their different views nullified and superseded by the views of the anointed, imposed via the power of government.” (p. 5) These elitist, government-expanding crusades shared several key elements, which Sowell identified as follows:

Assertion of a great danger to the whole society, a danger to which the masses of people are oblivious.
An urgent need for government action to avert impending catastrophe.
A need for government to drastically curtail the dangerous behavior of the many, in response to the prescient conclusions of the few.
A disdainful dismissal of arguments to the contrary as either uninformed, irresponsible, or motivated by unworthy purposes.

You can see this model at work on a daily basis today with our government’s various efforts to reshape our economy, but I think this model is equally applicable to debates over social policy and speech control. In particular, the various “technopanics” I have been writing about recently fit this model. (See 1, 2, 3, 4, 5). For example, consider how this plays out in the debate over online social networking:

Continue reading →

23 comments

Next Entries →