Showing posts with label blogs. Show all posts
Showing posts with label blogs. Show all posts

Sunday, August 14, 2011

Collateral Damage in the War on Anonymity

Friday, August 12, 2011 by Creators.com
by David Sirota

From warrantless wiretapping to ever-present surveillance cameras, our world is right now in the midst of a long war on anonymity.

In the media and political arenas, we've seen paparazzi culture famously fetishize the outing of anonymous iconoclasts, from Watergate's Deep Throat (Mark Felt) to a top CIA agent working on weapons of mass destruction (Valerie Plame). Likewise, in our communities, we now know that we are almost always being monitored in highly trafficked parks, malls, airports and stadiums -- and as Slate recently reported, we may soon have apps on all of our smartphones that let us identify random faces in a crowd.

Teeming with incognito bloggers and commenters, the Internet seemed to be the last bulwark against this trend -- a rare public space that let us broadcast opinions from the shadows. But even cyberspace will likely be exposed to the white-hot spotlight of identity, as a new campaign for disclosure now starts in earnest.

Launched in response to cyber-bullying, this campaign made headlines last month when Facebook executive Randi Zuckerberg declared that "anonymity on the Internet has to go away." Her statement echoed that of former Google CEO Eric Schmidt, who previously called for "true transparency and no anonymity" on the Web.

As advertising corporations always seeking new information about their users, Facebook and Google have an obvious financial stake in these positions. Regardless of these firms' particular motives, though, they set standards for the entire Internet. So when their luminaries declare war on anonymity, it's presumably a fait accompli.

Thus, the key question: Will the end of Internet anonymity be good or bad for society?

The big potential benefit of users having to attach real identities to their Internet personas is more constructive dialogue.

The downside, though, is that true whistle-blowers will lose one of their most essential tools.

Though today's journalists often grant establishment sources anonymity to attack weaker critics, anonymity's real social value is rooted in helping the powerless challenge the powerful. Think WikiLeaks, which exemplifies how online anonymity provides insiders the cover they need to publish critical information without fear of retribution. Eliminating such cover will almost certainly reduce the kind of leaks that let the public occasionally see inconvenient truths.

Encouraging civility while preserving avenues of dissent is a tough balancing act, and the core debate over whether one should have a right to anonymity in public spaces is long overdue. However, it comes with a danger -- namely, that legitimate arguments for disclosure will be expanded to justify illegitimate spying on private interactions.

If you think that's far-fetched, recall that this is precisely what happened in Congress last month, when a House committee moved forward a proposal forcing Internet service providers to keep logs of all online activity by their users.

Clearly, if it ultimately becomes law, this legislation would undermine not just anonymity in public spaces, but privacy in general. Should it succeed, we may achieve transparency, but at far too high a cost.

Monday, September 6, 2010

AP: Yeah, we'd better cite pajama-wearing bloggers, too

By Nate Anderson | Ars Technica | 09-06-2010

The Associated Press didn't need any help from a bunch of unshowered bloggers pecking away at their keyboards from the basement offices in which they play "reporter," thank you very much. Now it knows better.

At the AP's 2009 annual meeting, Chairman Dean Singleton reminded his audience (read the speech) that the AP and its members "are the source of most of the news content being created in the world today." The collective remains "the gold standard of newsgathering and reporting throughout the world." And with 62 journalists killed, beaten, or detained in 2008, journalism "is not a profession for the fainthearted, or those who work in their pajamas."
This final phrase was inaccurate—at Ars, for instance, we never break news while wearing anything less than an ascot and monocle—and surprisingly juvenile; one can feel the acid dripping from those words, even through a screen. The speech amounted to a near-total dismissal of bloggers as anything more than parasites in the news ecosystem. In the same talk, Singleton talked about how the AP "must be paid fully and fairly," then announced a new plan to pursue "misappropriation" of its content on the Internet.
I'd quote more from Singleton's speech, but the AP's automated excerpting system informs me that I've already rung up a charge of $17.50 for my quotes above. Another sentence or two and I'd bump up into the $25 bracket. Fair use certainly applies here, but the AP warns darkly that "there is no specific number of words or lines that may safely be taken without permission" and that I may "want to do an internet search of 'fair use checklist' and 'copyright myths.'" To be safe, I'd best pay up. (I took my chances with fair use instead, as the AP itself does every day.)

Don't rewrite us, either

Over the course of 2009, it became clear that the "misappropriation" that so bothered the AP wasn't just rank copyright infringement; it also included people who "rewrite" a bit too much AP news—even though copyright doesn't protect ideas and facts, just their specific expression.
At a Federal Trade Commission conference this year, the AP's Laura Malone expanded on this notion of "hot news," in which the AP has some control even over the facts found in its stories.
[Hot news] protects people. It protects the news organizations who are sending their reporters out at a cost, and that cost is not just dollars and cents, that cost is also lives, that there are people who are sitting in their homes at their computers, reading what the AP has reported, at a cost, and retyping it, sending it, and reselling it, so there's the free writing that happens. There are direct competitors—the Associated Press losing its customers because they were able to purchase it at a lower cost from the person who sat in his living room and retyped the stories and stripped the Associated Press' credit off it... We're gonna put fewer reporters out in the field. We're gonna have fewer people and fewer bureaus out there. We're gonna have fewer people to read those three Chilean reports, those three Chilean reports that were gotten by people who were there on the site doing original sourcing and doing original reporting. So, I don't think it's just a footnote, though I do put it in my copyright-infringement letters, as well. I rely very heavily on hot news misappropriation.
It doesn't take a "real reporter" to spot the bizarre logical contradiction in Malone's one example: her "real" English-language reporter gathered his initial news from other sources, who would presumably have the same right to go after the AP for "misappropriating" their work. The AP's "we're the center of the (news) universe" view of journalism has been undercut by reality for some time, but it has taken a while for that reality to percolate up the organizational ladder. A true, national "hot news" right would actually expose the AP and its members to all sorts of liability in a world where news is unearthed by a huge array of sources, then reported and built on by others.
As Duke professor James Boyle said at the same conference, "They are assuming that this new [hot news] right will only be wielded by them. Not so. Think of political activists who break a story—for example the young conservative filmmakers who produced devastating information on the operation of the organization ACORN. They are a news source. They might think it was a great idea selectively to decide which news organizations got to report that story, at least as long as it was 'hot.' Does that sound attractive? I think not. And then think of the difficulties of proof, the possibility of chilling of speech by wrongly claiming to be its source. Implementation would be a nightmare."

Making peace with the Internet

That's why this week's AP policy statement on attribution was so interesting. "In the age of the Web, the sourcing and reliability of information has become ever more crucial. So it is more important than ever that we be consistent and transparent in our handling of information that originated elsewhere than our own reporting," it began. "We should provide attribution whether the other organization is a newspaper, website, broadcaster or blog; whether or not it’s US based; and whether or not it's an AP member or subscriber."
Blogs! "Those who work in their pajamas" will be recognized when one of their stories bubbles up into the national media—something that happens with amazing frequency, and that often goes uncredited.
The AP document provides several examples of proper attribution, again making sure to includes blogs as potential sources of real news: "Suppose Blog Y reports that the government has compiled a secret report on something, but we’re the first to find out what it says. We should still say, lower in the story, that 'The existence of the report was first reported by Blog Y.'"
Now, the AP has been much better about providing both attribution and links recently—even when it comes to such crucial matters as a viral graphic depicting the "proper technique for exiting aircraft," designed by our own Aurich Lawson.
The AP does recognize one useful limit to today's linked, interconnected, social news ecosystem: "It’s important to note that we shouldn’t use facts from a non-member news organization, even with credit, so frequently that we appear to be systematically and continuously free riding on that organization’s work." As a general principle, this sounds pretty fair.
It's refreshing to see the AP move beyond some of its least-defensible rhetoric of the last year. The group doesn't foreswear the idea of a "hot news" right over the facts, but it does recognize just how many sources of breaking news now exist, and how much it relies on them. It doesn't admit that bloggers might operate in something other than pajamas, but it does recognize that they can serve as important story sources. Welcome to the, err, social.
How far has this subtle shift in thinking gone? Back in June, the AP rolled out a new version of its famous style guide, which includes a Social Media Guidelines section that "includes information and policies on using tools like Facebook and Twitter, how journalists can apply them to their work, and how to verify sources found through them. Also included are 42 separate entries on such terms as app, blogs, click-throughs, friend and unfriend, metadata, RSS, search engine optimization, smart phone, trending, widget and wiki."
Numerous individual AP writers have already taken these lessons to heart; a recent three-paragraph AP story consisted of little more than the verbatim tweet of a senior US State Department official. Fortunately for the AP, they didn't have to pay $17.50 or wait a set number of hours to reference the "hot news" contained in this particular tweet.

Saturday, May 29, 2010

HR 5175 and How it Pertains to Bloggers

(Well, well, well...talk about bending a cause to fit your agenda. See, the Disclose Act is aimed at corporate sponsored entities, but if it does hit bloggers, too, then it is a net cast too wide. I am firmly opposed to the SCOTUS Citizens United decision--it furthers the wrongly designated rights of individuals granted to corporations, basically giving corporations rights which actually supersede those of the individual. But if they restrict the free speech of bloggers--even those bloggers bought and paid for by corporations to further their political agenda (something I oppose philosophically but not constitutionally), then they are violating the First Amendment for real this time. Definitely a sticky issue. Here is an article against HR 5175. I will try to find one in support of it. The Official Summary of HR 5175 can be read below the following article.--jef)


Bloggers Beware – They’re Coming After You!
by Rep. Tom Price (R-GA)

Just when you thought it was safe to start expressing your right to free speech, Democrats in Congress are gearing up for a vote on a new piece of legislation to blatantly undermine the First Amendment. Known as the DISCLOSE Act (HR 5175), this bill – written by the head of the Democrats’ congressional campaign committee – is their response to the recent Supreme Court ruling in Citizens United v. Federal Election Commission. In short, the Supreme Court found that the government could not restrict the free speech rights of individuals or other entities wishing to participate in the political dialogue.

It is hard to see how establishing a level playing field for free speech – as our Founding Fathers did by making it a right under the Constitution and which the Supreme Court upheld – is a threat to our democracy. Nevertheless, the White House and their allies on Capitol Hill see honest criticism as a threat to forcing their big government, liberal agenda through Congress. So, there is no time like the present – namely five months before an election – to start putting the muzzle on those individuals and organizations not sticking to the Democrats’ talking points.

Under the DISCLOSE Act, certain incorporated entities would be restricted in how they can exercise their free speech rights. There is an exemption for some in the media sphere like newspapers, TV news, and the like. However, there is one driving force in today’s public debate that is NOT exempt. Bloggers will not have the same exemption provided to other media sources. Never mind that the Supreme Court’s opinion in the Citizens United case stated, “Differential treatment of media corporations and other corporations cannot be squared with the First Amendment.”

For many bloggers to exercise their free speech rights, they would have to jump through the same onerous new hoops as many businesses, nonprofit groups, and even such threats to democracy as your local chamber of commerce. If this sounds like an absurd overreach by one party in power, I invite you to take a look at their government takeover of health care, taxpayer-funded bailouts, and general hostility to private sector economic growth.

The Obama Administration and Congressional Democrats have not racked up a stellar record of transparency and openness. For a White House that touted its willingness to engage critics openly in hopes of staving off greater partisan rancor, Obama’s team has endorsed backroom deal-making, special giveaways to garner support for their agenda, and a closed-door decision-making process that has the American people more fed up with Washington. Now, under their brand of leadership, they stand ready to stifle free speech via legislative fiat.

Democrats should not be allowed to give themselves carte blanche to shut down the ability of those in the blogosphere or elsewhere to participate in our nation’s collective dialogue. That flies in the face of our most sacred rights as American citizens.


~#+#~

Official Summary HR 5175

4/29/2010--Introduced.Democracy is Strengthened by Casting Light on Spending in Elections Act or DISCLOSE Act - Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit:

(1) independent expenditures and payments for electioneering communications by government contractors if the value of the contract is at least $50,000; and
(2) recipients of assistance under the Troubled Asset Relief Program (TARP) of the Emergency Economic Stabilization Act of 2008 (EESA) from making any contribution to any political party, committee, or candidate for public office, or to any person for any political purpose or use, or from making any independent expenditure or disbursing any funds for an electioneering communication. Applies the ban on contributions and expenditures by foreign nationals to foreign-controlled domestic corporations. Treats as contributions:

(1) any payments by any person (except a candidate, a candidate's authorized committee, or a political committee of a political party) for coordinated communications; and
(2) political party communications made on behalf of candidates if made under the control or direction of a candidate or a candidate's authorized committee. Revises the definition of independent expenditure to mean, in part, an expenditure that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or is the functional equivalent of express advocacy. Requires any person making independent expenditures exceeding $10,000 to file a report within 24 hours. Increases the period before a general election during which a communication shall be considered an electioneering communication. Requires corporations, labor organizations, and other covered organizations to include specified additional information in reports on independent expenditures of at least $10,000. Sets forth special rules for the use of general treasury funds by covered organizations for campaign-related activity. Authorizes covered organizations to make optional use of a separate Campaign-Related Activity Account for making disbursements for campaign-related activity. Prescribes additional information to be included in certain radio or television communications by persons (including significant funders of campaign-related communications of a covered organization) other than a candidate, a candidate's authorized committee, or a political committee of a political party. Amends the Lobbying Disclosure Act of 1995 to require registered lobbyists to report information on independent expenditures or electioneering communications of at least $1,000 to the Secretary of the Senate and the Clerk of the House of Representatives. Requires certain covered organizations to disclose to shareholders, members, or donors information on disbursements for campaign-related activity. Authorizes judicial review of the provisions of this Act.