Thursday, February 11, 2010

Predicting the Future of the Web

We've turned our focus to government use of wiretapping and eavesdropping, but let's not forget the other side of the equation - the technology explosion.

One of the dilemmas the government faces in collecting a data stream from every AT&T phone and web connection is the overwhelming volume of information this represents.

Law enforcement officials have said repeatedly in the past 10 years that their problem is not access to information, but what to do with the the overwhelming amounts of information they have.

Considering the growth of the Web and ways to run a profit making enterprise that depends on the Web was the subject of a recent article by Michael Wolff in Vanity Fair magazine.

He looks at the various ways companies are trying to build a business on the Web.

First he looks at the idea of Platforms - his examples here are big names like Facebook, Google and Apple. Facebook just received a large investment from a Russian financier named Yuri Milner.

He says he’s betting on personalities—Mark Zuckerberg, the C.E.O. of Facebook, and Mark Pincus, who heads Zynga—which is something investors often say: it’s all about talent and drive. But a platform bet suggests a view beyond just gifted management. It’s a control-the-universe play.

Having a platform, in this geopolitical theory, makes you a superpower. Microsoft achieved world domination with Windows when operating systems were the ultimate platforms. But a platform is now a more metaphorical construct, suggesting not just functionality but a framework of behavior, and even a point of view, that habituates users and fosters their dependence, with an eye toward subsuming the rest of the digital world. Like Google.

And, in Milner’s view, like Facebook.

Or, in Steve Jobs’s view, the iPhone—another stab at his dream of controlling both the hardware and the software that control the world.

The platform theory of global conquest holds that Internet dominance has, other than for Google, been elusive, in part because of constant shifts in technology. But the Internet, after 15 years, has, in the platform-supremacy perspective, come to a level of maturity. “The Net is now just another utility, like electricity, water, etc.,” says Mark Cuban, who made one of the biggest personal fortunes of the dot-com boom when he and his partner, Todd Wagner, sold Broadcast.com to Yahoo for $6 billion, in 1999.

In other words, if you can become a ubiquitous, octopus-like, hydra-headed, chameleon-ish, integrated horizontal and vertical database and command center, it could be years before a new technology challenges your dominance.

Which is why the emergence of another platform is so compelling.

Facebook’s move at the end of last year to revise its privacy settings, an illusory offer of more control to the user, was really part of an ongoing attempt to make more user data public, shareable, and searchable—meaning Facebook has the opportunity to become the platform through which we search, not just public information but individual information, ever growing masses of it (including pictures). Search moves from the Web into people’s lives.

This prospect leads, in just about everybody’s estimation, to an I.P.O. for Facebook this year, which in its size and giddiness will transform the industry with new liquidity and provoke the ultimate superpower platform war, a face-off between Google’s dominance over Web-page-based search and Facebook’s command of the “social graph.”

Next he considers the "crowd-sourcing" movement:

At its heart, the digital-behavior theory is that the old media business imposed an unnatural behavior on its users—not least of all a strict divide between creators and audience. The Internet, with a flat hierarchy, cheap distribution, and virtually no production barriers, lets people express themselves more naturally. We’re collaborative animals, it turns out, and joyful amateurs, interested more in entertaining and informing ourselves than in being entertained and informed by professionals.

Shirky’s research actually concludes that people like to work for free, and that they are more productive when they do so, which, if you think about it, challenges all economic theory, but, if you think about it some more, just says people like their hobbies and are particularly proud of having an autodidactic expertise.

Next he considers companies that are actually trying to make money using Web 2.0 rather than just trying to gather as much attention as possible first and worrying about the revenue afterwords as YouTube and Facebook are currently doing.

Making media, in this calculation, is, as it has always been, about aligning costs and revenues. The problem is that in an online world, where advertising rates are often 10 percent of what a comparable television or print audience might get you, costs are out of whack with the most optimistic revenue expectations....

Barry Diller, who has perhaps experimented with more theories of the next big thing than any other media-and-Internet magnate (he tried local online media, once believed in the killer future of e-commerce, then tried search with Ask.com), is returning to a basic cost-and-revenue theory of media. “Everything old,” he says, “is new again.”

The Diller-backed collegehumor.com has become a company, he says, modeled on the early movie studios. It produces an expanding range of videos, using acting, writing, and technical talent which is on hand and almost all of which is under 30 (that is, cheap talent), with Diller’s company, IAC, owning all the rights. Likewise, Diller has just joined with former NBC head and reality-TV impresario Ben Silverman to create a company which, Diller says, “returns the media model to the 1950s”—when sponsors, such as Procter & Gamble with soap operas, underwrote (and often owned) the shows. Even the Daily Beast, the online magazine, in which Diller has invested heavily, is a revenue experiment. Diller says he refuses to take low-priced advertising. Rather, he’s trying to create a showcase for ads, around which “lightning might strike,” and, in the manner of old media, vast amounts of merchandise might move.

Nick Denton, the founder of Gawker, has applied even more strictly the rules of pay-as-you-go to create what might be the most successful original-content company on the Web. His is an old old-media approach, in which media workers are not in the least glamorous or cosseted, but rather hack-like and expendable.

But Denton’s model is relatively humanistic compared with the even more advanced pay-as-you-go ones. Demand Media, for instance—a kind of old-fashioned Sunday supplement multiplied a million-fold—harnesses Shirky’s free Internet workers and chains them to an algorithm which looks at the search stream, figures out the most valuable search terms, then orders up content keyed to those words and works aggressively to push these cheaply manufactured content nuggets up to the top of the search results, where they attract traffic which is then funneled to advertisers. In this view, needing human beings to create content is a minor inconvenience which will be sorted out over time by algorithms.

He also discusses the possibility that the current media Goliaths will re-assert their dominance:

But then there’s the expensive-content counter-offensive theory, holding that the next big thing is Big Media. However challenged, Big Media, in this view, still holds a monopoly which, if it just shows some teeth and gumption, can prevail over Google, changes in audience behavior, and even the Internet’s everything-free culture.

“Five companies”—Time Warner, Disney, Viacom-CBS, Comcast–NBC Universal, Fox—“control 85 percent of video-viewing hours in America,” says the media analyst Craig Moffett. “At the end of the day this train ain’t going anywhere that those five companies don’t agree to.”

This sense of last chance has suddenly given old media a new militancy and belief that it can disrupt the disrupters.

It is behind Rupert Murdoch’s declaration that he will put a pay wall around his company’s online content. And it is behind Comcast’s deal for NBC Universal: damn it, brand-name content is king.




At this point, it's really a guessing game as to where it's all headed!

Wednesday, February 3, 2010

Video Links

If you're interested in the videos we watched today, the links for the youtube versions are below:

J. Edgar Hoover
This is taken from the A&E Biography J. Edgar Hoover: Personal and Confidential

The Church Committee
The full 1.5 hr C-SPAN program is here.

Link to Time magazine

Here is the link to the Time magazine archive of articles on wiretapping and surveillance.

Monday, February 1, 2010

Wiretapping and eavesdropping in the 20th century

In class today, we talked about some of the history of wiretapping and eavesdropping in the US between the Olmstead decision in 1928 and the FISA law in 1978.

Here is an interesting memo from the US Senate summarizing much of what we talked about today.

There is also a good summary at this web-site for a course at University of North Carolina Law School.

I thought that it would be helpful to organize what we talked about in class and link to some websites that provide additional information on these topics.

Olmstead v. US (1928)
This was the case in which Justice Louis Brandeis wrote his dissenting opinion on the "right to be let alone."

Federal Communications Act of 1934
This is the act that made it illegal to intercept and divulge wire communications. There was no consideration of wireless communications or bugging, because the technology for these wasn't available yet.

Nardone v. US (1939)
Determined that wiretaps by federal agents were illegal under the FCA of 1934.

Silverman v. US (1961)
Decided that a listening device that invades the structure of a building is a violation of the 4th amendment.

Katz v. US (1967)
Determined that all wiretapping and electronic eavesdropping violate the 4th amendment.

This last decision resulted in the Congress passing the

Omnibus Crime Control and Safe Street Act of 1968

This law made it legal for law enforcement agents to eavesdrop and/or wiretap provided that these activities had been ok'd by the court.

Lawrence Plamondon case of 1972
In this case, it was determined that federal agents had used wiretaps without warrants.

Watergate Scandal
A break-in at the Democratic National Committee headquarters at the Watergate Hotel in Washington D.C. turned out to have been a plan to plant a bug in the office of the Chairman of the DNC. The break-in was directed by the Committee to Re-Elect the President, and consequently, by President Nixon himself. Nixon resigned two years later, in August of 1974.

This led to the
Church Committee
A Senate Committee chaired by Senator Frank Church of Idaho. The final report of the Church Committee is here. (This document is about 45 pages of text with 25 pages of footnotes.)

The Church Committee recommended that Congress pass another statute dealing with wiretapping in relation to national security. This law is known as the

Foreign Intelligence Surveillance Act of 1978.
This act was established to control and delineate eavesdropping and wiretapping activities by law enforcement in the interests of national security.

We'll pick this history up again in a few weeks and examine the period from 1978-2008.

Tuesday, January 19, 2010

Video Link

Here's a link to a video panel discussion about the situation at the L.A. Times

The Future of the Newspaper Industry

There has been a lot of speculation about the future of the newspaper industry, and of all mainstream media industries in general. The reason for this is that the electronic media are coming of age and being used by more and more people.

In class, I handed out hard copies of Clay Shirky's article "Newspapers and Thinking the Unthinkable." The original version is here.

After I read his article, the quote that he uses towards the beginning really stayed with me...

When a 14 year old kid can blow up your business in his spare time, not because he hates you but because he loves you, then you got a problem.
In fact, I completely forgot where the quote originally came from, and found the article again by searching on key words from the quote.

Another important idea from this article is that of ignoring reality. The science fiction writer Phillip K. Dick once said that Reality is what doesn't go away if you stop believing in it.

Shirky writes clearly that newspapers did see these issues coming, but failed to engage with them in a realistic way.

Revolutions create a curious inversion of perception. In ordinary times, people who do no more than describe the world around them are seen as pragmatists, while those who imagine fabulous alternative futures are viewed as radicals. The last couple of decades haven’t been ordinary, however. Inside the papers, the pragmatists were the ones simply looking out the window and noticing that the real world increasingly resembled the unthinkable scenario. These people were treated as if they were barking mad. Meanwhile the people spinning visions of popular walled gardens and enthusiastic micropayment adoption, visions unsupported by reality, were regarded not as charlatans but saviors.

When reality is labeled unthinkable, it creates a kind of sickness in an industry. Leadership becomes faith-based, while employees who have the temerity to suggest that what seems to be happening is in fact happening are herded into Innovation Departments, where they can be ignored en masse. This shunting aside of the realists in favor of the fabulists has different effects on different industries at different times. One of the effects on the newspapers is that many of their most passionate defenders are unable, even now, to plan for a world in which the industry they knew is visibly going away.
The newspaper industry is not the only industry struggling to manage change in our culture. Clearly, the American auto industry and the financial industry are both struggling with change that is driven by the emergence of new technology and the decline of older forms of technology.

The financial industry has lost many individual clients with the rise of cheap on-line trading and financial quantitative software packages.

The rise in oil prices started roiling the Detroit automakers in the mid-1970's and despite all the profits they made making and selling SUV's and pick-ups over the last 15-20 years they still haven't prepared for the apparently unavoidable rise in oil prices.

What I think Clay Shirky and others are doing is taking that look at reality that many of the media executives have refused to and struggling to figure out "Where do we go from here?"

Elizabeth Eisenstein’s magisterial treatment of Gutenberg’s invention, The Printing Press as an Agent of Change, opens with a recounting of her research into the early history of the printing press. She was able to find many descriptions of life in the early 1400s, the era before movable type. Literacy was limited, the Catholic Church was the pan-European political force, Mass was in Latin, and the average book was the Bible. She was also able to find endless descriptions of life in the late 1500s, after Gutenberg’s invention had started to spread. Literacy was on the rise, as were books written in contemporary languages, Copernicus had published his epochal work on astronomy, and Martin Luther’s use of the press to reform the Church was upending both religious and political stability.

What Eisenstein focused on, though, was how many historians ignored the transition from one era to the other. To describe the world before or after the spread of print was child’s play; those dates were safely distanced from upheaval. But what was happening in 1500? The hard question Eisenstein’s book asks is “How did we get from the world before the printing press to the world after it? What was the revolution itself like?”

Chaotic, as it turns out. The Bible was translated into local languages; was this an educational boon or the work of the devil? Erotic novels appeared, prompting the same set of questions. Copies of Aristotle and Galen circulated widely, but direct encounter with the relevant texts revealed that the two sources clashed, tarnishing faith in the Ancients. As novelty spread, old institutions seemed exhausted while new ones seemed untrustworthy; as a result, people almost literally didn’t know what to think. If you can’t trust Aristotle, who can you trust?....

That is what real revolutions are like. The old stuff gets broken faster than the new stuff is put in its place. The importance of any given experiment isn’t apparent at the moment it appears; big changes stall, small changes spread. Even the revolutionaries can’t predict what will happen. Agreements on all sides that core institutions must be protected are rendered meaningless by the very people doing the agreeing. (Luther and the Church both insisted, for years, that whatever else happened, no one was talking about a schism.) Ancient social bargains, once disrupted, can neither be mended nor quickly replaced, since any such bargain takes decades to solidify.

And so it is today. When someone demands to know how we are going to replace newspapers, they are really demanding to be told that we are not living through a revolution. They are demanding to be told that old systems won’t break before new systems are in place. They are demanding to be told that ancient social bargains aren’t in peril, that core institutions will be spared, that new methods of spreading information will improve previous practice rather than upending it. They are demanding to be lied to.

There are fewer and fewer people who can convincingly tell such a lie.


One of the great things about on-line media is that a piece of writing like "Newspapers and Thinking the Unthinkable" doesn't just exist on its own. For one thing, there are over 1,200 comments appended to this article, the latest of which was posted a month ago although the original article was written and posted in March of 2009.

Another thing is that many other writers who agree with Shirky have posted their thoughts on their own blogs.

Dan Conover is a former newspaper writer and editor who now works in many forms of media.

If you're interested in his insider opinions about the newspaper industry, he has several posts about these ideas...

10 Reasons Why the Newspapers Won't Reinvent the News

Why he thinks that on-line paid newspapers won't work

Another post about the demise of the newspaper industry as we know it


One of the things I really like about Conover's writing is his extensive and effective use of hyperlinks. When I first started reading about these issues, I spent nearly an hour reading first one article then another that was linked in the middle of the first and then another that was linked from the link.

When I finally picked my head up after nearly an hour, I thought, no wonder the newspaper industry is in trouble...they can't provide this!

Here's another former newspaper writer's thoughts about these same issues. Something that Steve Buttry points out in this last link is that if newspapers charge for access, they won't be able to charge as much for advertising.

One of the reasons I think that this class is important is that this is happening right now.

Here's a story that broke in the last few days about the New York Times' decision to charge for their content. They've tried this twice before and it hasn't worked. Maybe this time it will.

Wednesday, January 13, 2010

The Electronic Frontier Foundation

The Electronic Frontier Foundation is a non-profit group that was founded in 1990.

They describe their work as focused on
defending free speech, privacy, innovation, and consumer rights...
One of their areas of concern for 2010 is the security of cell phone transmissions

GSM, the technology that underpins most cellphone communications around the world, uses a deeply flawed security technology. In 2010, devices which intercept phone calls will get cheaper and cheaper. Expect to see public demonstrations of the ability to break GSM's encryption and intercept mobile phone calls. We hope that this will prompt the mobile phone industry to replace its obsolete systems with modern and easy-to-use cryptography.
Honest "hackers" often work to break through digital security systems so that the users of these systems aware of the weaknesses in their security.