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I’m about to leave for a couple of weeks’ worth of lectures, public events and teaching, and you can catch me in many places: Santa Cruz (in conversation with XKCD’s Randall Munroe); San Francisco (for EFF’s Pioneer Awards); Toronto (for Word on the Street, Seeding Utopias and Resisting Dystopias and 6 Degrees); Newry, ME (Maine Library Association) and Portland, ME (in conversation with James Patrick Kelly).
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Sidewalk Labs is Google’s sister company that sells “smart city” technology; its showcase partner is Toronto, my hometown, where it has made a creepy shitshow out of its freshman outing, from the mass resignations of its privacy advisors to the underhanded way it snuck in the right to take over most of the lakeshore without further consultations (something the company straight up lied about after they were outed). Unsurprisingly, the city, the province, the country, and the company are all being sued over the plan.
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Even though I’m at Burning Man, I’ve snuck out an extra scheduled podcast episode (MP3): Barlow’s Legacy is my contribution to the Duke Law and Tech Review’s special edition, THE PAST AND FUTURE OF THE INTERNET: Symposium for John Perry Barlow:

“Who controls the past controls the future; who controls the present controls the past.”1

And now we are come to the great techlash, long overdue and desperately needed. With the techlash comes the political contest to assemble the narrative of What Just Happened and How We Got Here, because “Who controls the past controls the future. Who controls the present controls the past.”Barlow is a key figure in that narrative, and so defining his legacy is key to the project of seizing the future.

As we contest over that legacy, I will here set out my view on it. It’s an insider’s view: I met Barlow first through his writing, and then as a teenager on The WELL, and then at a dinner in London with Electronic Frontier Foundation (EFF) attorney Cindy Cohn (now the executive director of EFF), and then I worked with him, on and off, for more than a decade, through my work with EFF. He lectured to my students at USC, and wrote the introduction to one of my essay collections, and hung out with me at Burning Man, and we spoke on so many bills together, and I wrote him into one of my novels as a character, an act that he blessed. I emceed events where he spoke and sat with him in his hospital room as he lay dying. I make no claim to being Barlow’s best or closest friend, but I count myself mightily privileged to have been a friend, a colleague, and a protege of his.

There is a story today about “cyber-utopians”told as a part of the techlash: Once, there were people who believed that the internet would automatically be a force for good. They told us all to connect to one another and fended off anyone who sought to rein in the power of the technology industry, naively ushering in an era of mass surveillance, monopolism, manipulation, even genocide. These people may have been well-intentioned, but they were smart enough that they should have known better, and if they hadn’t been so unforgivably naive (and, possibly, secretly in the pay of the future monopolists) we might not be in such dire shape today.

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/ / Podcast

Even though I’m at Burning Man, I’ve snuck out an extra scheduled podcast episode (MP3): Barlow’s Legacy is my contribution to the Duke Law and Tech Review’s special edition, THE PAST AND FUTURE OF THE INTERNET: Symposium for John Perry Barlow:

“Who controls the past controls the future; who controls the present controls the past.”1

And now we are come to the great techlash, long overdue and desperately needed. With the techlash comes the political contest to assemble the narrative of What Just Happened and How We Got Here, because “Who controls the past controls the future. Who controls the present controls the past.”Barlow is a key figure in that narrative, and so defining his legacy is key to the project of seizing the future.

As we contest over that legacy, I will here set out my view on it. It’s an insider’s view: I met Barlow first through his writing, and then as a teenager on The WELL, and then at a dinner in London with Electronic Frontier Foundation (EFF) attorney Cindy Cohn (now the executive director of EFF), and then I worked with him, on and off, for more than a decade, through my work with EFF. He lectured to my students at USC, and wrote the introduction to one of my essay collections, and hung out with me at Burning Man, and we spoke on so many bills together, and I wrote him into one of my novels as a character, an act that he blessed. I emceed events where he spoke and sat with him in his hospital room as he lay dying. I make no claim to being Barlow’s best or closest friend, but I count myself mightily privileged to have been a friend, a colleague, and a protege of his.

There is a story today about “cyber-utopians”told as a part of the techlash: Once, there were people who believed that the internet would automatically be a force for good. They told us all to connect to one another and fended off anyone who sought to rein in the power of the technology industry, naively ushering in an era of mass surveillance, monopolism, manipulation, even genocide. These people may have been well-intentioned, but they were smart enough that they should have known better, and if they hadn’t been so unforgivably naive (and, possibly, secretly in the pay of the future monopolists) we might not be in such dire shape today.

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/ / News

This is my last day at my desk until Labor Day: tomorrow, we’re driving to Burning Man to get our annual dirtrave fix! If you’re heading to the playa, here’s three places and times you can find me:

Seating is always limited at these things (our living room is big, but it’s not that big!) so come by early!

I hope you have an amazing burn — we always do! This year I’m taking a break from working in the cafe pulling shots in favor of my first-ever Greeter shift, which I’m really looking forward to.

While we’re on the subject, there’s still time to sign up for the Liminal Labs Assassination Game!

/ / News, Podcast

In my latest podcast (MP3), I read my essay “A Cycle of Renewal, Broken: How Big Tech and Big Media Abuse Copyright Law to Slay Competition”, published today on EFF’s Deeplinks; it’s the latest in my ongoing series of case-studies of “adversarial interoperability,” where new services unseated the dominant companies by finding ways to plug into existing products against those products’ manufacturers. This week’s installment recounts the history of cable TV, and explains how the legal system in place when cable was born was subsequently extinguished (with the help of the cable companies who benefitted from it!) meaning that no one can do to cable what cable once did to broadcasters.

In 1950, a television salesman named Robert Tarlton put together a consortium of TV merchants in the town of Lansford, Pennsylvania to erect an antenna tall enough to pull down signals from Philadelphia, about 90 miles to the southeast. The antenna connected to a web of cables that the consortium strung up and down the streets of Lansford, bringing big-city TV to their customers — and making TV ownership for Lansfordites far more attractive. Though hobbyists had been jury-rigging their own “community antenna television” networks since 1948, no one had ever tried to go into business with such an operation. The first commercial cable TV company was born.

The rise of cable over the following years kicked off decades of political controversy over whether the cable operators should be allowed to stay in business, seeing as they were retransmitting broadcast signals without payment or permission and collecting money for the service. Broadcasters took a dim view of people using their signals without permission, which is a little rich, given that the broadcasting industry itself owed its existence to the ability to play sound recordings over the air without permission or payment.

The FCC brokered a series of compromises in the years that followed, coming up with complex rules governing which signals a cable operator could retransmit, which ones they must retransmit, and how much all this would cost. The end result was a second way to get TV, one that made peace with—and grew alongside—broadcasters, eventually coming to dominate how we get cable TV in our homes.

By 1976, cable and broadcasters joined forces to fight a new technology: home video recorders, starting with Sony’s Betamax recorders. In the eyes of the cable operators, broadcasters, and movie studios, these were as illegitimate as the playing of records over the air had been, or as retransmitting those broadcasts over cable had been. Lawsuits over the VCR continued for the next eight years. In 1984, the Supreme Court finally weighed in, legalizing the VCR, and finding that new technologies were not illegal under copyright law if they were “capable of substantial noninfringing uses.”

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/ / Podcast

I’ve been following the Modern Monetary Theory debate for about 18 months, and I’m largely a convert: governments spend money into existence and tax it out of existence, and government deficit spending is only inflationary if it’s bidding against the private sector for goods or services, which means that the government could guarantee every unemployed person a job (say, working on the Green New Deal), and which also means that every unemployed person and every unfilled social services role is a political choice, not an economic necessity.
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