Archive for the 'Legal Issues' Category

Reforming ©

Saturday was the unofficial 300 year anniversary of copyright, as first formalized in Britain’s Statute of Anne in 1710.  I took the opportunity to reflect a little bit on my personal blog about my own interest in copyright law (part of a broader interest in technology and Internet law).

At the end of the post in a section called “© needs reform,” I get to the real reason I am fascinated by copyright law: because it is in major disrepair, and failing to keep pace with the rate of innovation we’re seeing today.  In short, I’m interested in copyright because I want to help fix it.

I thought it would be appropriate to flag that section for you here on Tropophilia, since it is something I’d love to change.

Image used under a CC-BY-SA license from Wikipedia Commons.

Ideas About Ideas

The New York Times recently issued the ninth edition of its annual Ideas feature for its magazine.  I’ve read through most of the entries and found several really fascinating; others were also interesting but neglected to surface other important angles.  I thought I’d use this space to highlight both, seeing as Tropophilia is all about ideas that may bring about change in our world.

The Advertisement That Watches YouI’ll leave the details of this particular implementation to the article, but the essence of the technology is a billboard with a built-in camera that, through facial recognition technology, can tell when anyone within a certain radius of the advertisement is looking at it.  This one, interestingly, changes to its main message when people are not looking.  You can imagine, however, how this technology might develop over time: electronic ads could be powered off until it new there were passersby actually looking at the space.  Facial recognition could also be used to power an impressions-based ads payment system, much like exists on the web: advertisers would only have to pay per “view” or elapsed “eyeball time” on the ad.  Of course, such commercial use of facial recognition technology also raises enormous privacy concerns (How long are camera images kept?  Would the technology eventually be used to identify people and serve ads based on their personal interests, or  even the clothes they were wearing or the book they are reading at that moment?).  It will be interesting to see how this area grows, if at all.

Bicycle HighwaysI thought this was a cool idea, but I’m not sure I see it gaining widespread adoption outside of cities that have significant numbers of bike commuters.  What I think is really clever is the possibilities raised with GPS and RFID technology that would allow for bikers to create on-the-fly pelotons, which in turn would be able to gain privileges for traffic lights and such: a mix between EZPass and carpool lanes.  Throw in a custom social network for the city so you could plan your departures in order to meet up with a regular riding group, and this could be really great for those cities with big biking cultures.

The Counterfeit SelfI think this research has implications for the Web.  There has long been a debate about authentication online: when writing a blog, posting comments, or joining a social network, is it “better” for users to have the ability to remain anonymous or pseudonymous, or should they be encouraged or required to use their real identity (obfuscated to whatever degree they prefer).  Many argue that encouraging or requiring authentication would, for example, solve the problem evidence by the (often hateful and troll-like) comments of any given YouTube video.  Opponents summon the right to free dom of speech as a defense of anonymous use of the web.  Some governments, like South Korea, actually require what is referred to as “real name verification” for websites in their jurisdiction that surpass a certain threshold of users; users are required to authenticate against a national registry before they can interact with the site.  Considering the idea of how behavior is influenced by fake identity could offer a fresh perspective in this debate.

Good Enough is the New GreatOne aspect that this idea doesn’t cover (and I can’t remember anymore if the Wired article does or not) is information.  Just as consumers are turning to cheap cameras, low-fi music files, and YouTube videos, they are also turning to Twitter for their information fixes.  Many argue that in moving from mainstream to social media as our main source of information, we make a similar sacrifice of quality for convenience.  I think that may be true in the short-term, but I’m hopeful that just like companies are starting to fit better and better sensors into those tiny Flip cameras, so will Twitter eventually recapture some of the fidelity of the “news” that it carries.

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Rebooting Justice

Yesterday, I had an envelope in the mail from my dad.  I opened it up to find a photocopy of the “Opening Statement” of the Summer 2009 issue of Litigation, the official journal of that section of the American Bar Association.  The Litigation Section’s chair, Lorna G. Schofield, dedicated her essay to an observation of how, like so many industries, the legal profession is being challenged by the rapid innovation of the information age.

As a future lawyer (side note: I sent 12 of 15 law school applications last weekend!), it reassures me that at least the ABA’s leadership has recognized that lawyers, firms, and their clients need to adapt in order to survive.  But I found it even more encouraging that Schofield highlighted the need for the entire justice system — especially the Federal Rules of Civil Procedure, which were last updated in 1938 — to be refreshed for the present times.  I’d like to highlight a couple of her points and add my own thoughts as well.

The first area that Schofield specifically targets is the billable hour.  The billable hour system rewards firms and attorneys for the time spent working on a project.  While the rate can vary depending on the type of work performed, the rates typically do not reflect the value added by the work performed.  And it doesn’t even really make logical sense, as Evan Chesler noted in Forbes back in January: “If you are successful and win a case early on, you put yourself out of work. If you get bogged down in a land war in Asia, you make more money. That is frankly nuts.”  He went on to propose a system more similar to how a construction contractor operates:

For reasonable periods of time during the life of a lawsuit, say three months at a time, I should do what [a contractor] does: identify the client’s objectives, measure, calculate, build in a contingency and come back with a price. Once the price has been agreed upon, the billable hour should be irrelevant. The client will no longer be surprised by a whopper bill and met by the standard (albeit true) explanation that “litigation is unpredictable.”

Whether this is the approach that wins the day is up for question but, as Schofield concludes, “sooner or later, something has to give.”

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Passing On Your Cloud Pt. 2

Friend and reader Gagan writes (posting here in an attempt to convince him to guest blog in the future):

Heard an interview on NPR this afternoon with the guy who created Legacy Locker.  Basically, he was trying to secure the on-line identity of his deceased grandmother, but it was essentially impossible.  Which begs the question: what happens to your on-line identity once you die?

So this guy developed a small business where they basically keep all of your on-line information (log-ins, passwords, etc.), and your instructions for how to deal with your on-line identity once you’re gone (give it to a specific person/specific people, destroy it, etc.).  According to the interview, they currently have 1,000 customers, and they’ve only been operating for about a month.  I could see this thing taking off.

More on CNET and TechCrunch.

Jarred pondered many of the issues Legacy Locker aims to resolve in his post Passing On Your Cloud.

Passing On Your Cloud

During my time at college, our small Davidson community (there are only around 1,700 students) was twice saddened by the death of fellow undergrads: Josiah Cameron (who would have been graduating this year) in April 2006, and then Jay Chitty (a fellow classmate of Taylor and myself) in December of the same year.  Like the rest of the college, I was sickened with grief — for their families, their friends, and for the sudden vanishing of such young and promising lives from the Earth.  But, when my shock had finally dissipated and I had come to terms with the reality of their passing, I had a fleeting (and admittedly somewhat morbid) thought.

What happens to your online presence when your physical one is no longer?  Intrigued, I visited their Facebook pages.  My mind was racing.  “What’s going to happen to all these wall comments that were accumulated over the years?  What about the comments people left for him on his Thanksgiving photos?  Who decides when it is time to close this account?  What’s the procedure?  Does it all just disappear?”

I’ll understand if you perceive these to be insensitive and petty questions in the face of such a tragic subject, and perhaps for the present times it is indeed a little irrelevant.  But if you are paying even the smallest bit of attention to what is happening in technology, you are certainly aware of two things.  First, more and more of your personal “effects” — e-mail, photos, documents, music — are being turned into 1′s and 0′s and kept online.  Second, the tiny actions we take online (like leaving comments or clicking the “like” button on a Facebook news feed item) are little pieces of a larger online narrative that, in a sense, journal our lives for us.  If determining the fate of this data once we’re gone is not a crucial question to address right now, it certainly will be in the next two to three years.

Take your personal e-mail, for example.  E-mail has succeeded letter writing as a principal form of communication among most people of my generation.  My grandmother has letters from my grandfather when he was fighting in Guam, and I wouldn’t doubt that my parents have a few keepers stashed in a shoebox somewhere.  But most of the written missives that are important to me are either archived somewhere in my Gmail account, or stashed in a folder of PDF’d e-mails that I saved from my old college e-mail account.

Touching emails from friends in far away places, notes of encouragement or praise from professors, love letters sent to old girlfriends, my first e-mail back from Google telling me they wanted to interview me… if I were to die today, what would be the fate of these messages?  Would they sit in my account for a year or two until it was deactivated due to inactivity, eventually deleted to make way for more messages among the living?  Would someone know to go into my computer and save that PDF file?  Would I have been prescient enough to stash my password somewhere for my survivors to find it, or to include instructions in a will or elsewhere detailing if (and unto whom) I wanted that data to be bequeathed?

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