The proposed federal shield law for journalists has recently had a surge in momentum, and nearly every news organization and First Amendment advocacy group is applauding. But I’m not. As a strong believer in the importance of investigative reporting, I am naturally sympathetic to the idea of a federal shield law for journalists. Anything that helps people hold the government and others in power accountable for their actions is a good thing in my book. So what is the problem?
The problem with giving legal privileges based on someone’s “status” as a journalist is that it simply doesn’t make sense in light of the communications environment we live in today. Thanks to the Internet, there is no rational way to differentiate journalists from non-journalists. And further, there is no good reason to try to do it.
Sometimes changes are so basic and world-changing that they can be difficult to recognize. Having just finished Losing the News by Alex S. Jones, I was reminded again just how difficult it seems to be for people in the news business to acknowledge the simple truth: the Internet has eliminated the need for mass media. Yes, professional journalism may still benefit society, but we no longer live in a world where citizens must necessarily depend on a select group of gatekeepers to funnel them information and news. This is the paradigm shift, and as long as it continues to go unrecognized, visions for the future of journalism will be fundamentally flawed.
Therefore, in the spirit of catharsis, in the simplest and most straightforward terms possible, I set forth four truths about the communications ecosystem created by the Internet.
I've blogged before about the impact of anthropomorphic interfaces and devices. I've recently written an article on the subject. In it I point out that we're using voice-driven and other human-like interfaces more and more. They grab our attention and free up our hands for others tasks. And they can help us accept machines---such as personal or service robots---for a whole new set of tasks.
Psychologists and communications scholars will tell you, however, that our brains are hardwired to treat these "fake" people as though they were real, including with respect to the feeling of being observed and evaluated. That means that we react to such technology, behaviorally and physiologically, as though a person were really present.
This could be bad for privacy. Privacy scholars will tell you that its not good for us to always feel like we're surrounded by others. We need "moments offstage," to use Alan Westin's famous formulation. It could also be good for privacy, particularly on the Internet. Using avatars instead of privacy policies that no one reads or understands could help shore up the failing regime of online notice.
You can view the article here. As of today, it's looking for a good home.
I made a lot of people in the Linux community unhappy when I wrote in CIO Insight ( "Battle over Linux: When a Win May Not Be a Win," Sept., 2007 ) that the decision by federal judge Dale Kimball to grant partial summary judgment to Novell on SCO's claims of ownership of key UNIX copyrights ha
I write extensively in Chapter 8 of my new book,The Laws of Disruption, about the madness of prosecuting Lori Drew, a Missouri woman, for her participation in a cruel MySpace hoax that contributed to the suicide of a 13 year-old girl named Megan Meier.
When is a comic book worth $3,600,000 more than its face value? Answer: When Walt Disney wants to buy it.
From Valleywag (warning: heavily airbrushed and quite cleavagey model picture after the link): "...that's the thing about being impolite online: it might be needlessly abrasive 95 times out of 100, but those other five times it's awesome, conveying fresh perspective readers would not have seen were it not for the
Don't miss the annual Bandwidth Conference in SF happening later this week. It's going to be a good mix of digital media experts and music rights experts. It also offers some great mingling between the sessions and good happy hour fun in the evenings.
The very clever folks at the ACLU of Northern California have put out a Facebook quiz that helps users understand what quiz app developers can find out about them. Hint: it's a lot. This work builds on a June report on the same topic. Congrats!
Securing Privacy in the Internet Age
Edited by Anupam Chander, Lauren Gelman, and Margaret Jane Radin.
CIS welcomes your input! We have set up a wiki to facilitate collaboration and planning. You can reach the CIS wiki by clicking here.
Non-resident fellow Dr. Elizabeth Townsend-Gard is an Associate Professor of Law at Tulane University Law School. With the help of her students, Elizabeth has developed the "Durationator," an online tool and accompanying study that tracks copyright duration in the U.S. and abroad. A beta version is expected to be released in January 2009. Their progress can be followed on her blog.
Cyberlaw Clinic archive.