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December 12, 2013

How to introduce a change in its user agreement

Reddit shows us how to introduce changes in a site’s user agreement. The agreement itself is admirably minimally jargony, but the discussion with the community is a model of honesty and respect.

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December 1, 2013

High-contrast transparency – How Glenn Greenwald could look like a monopolist

Glenn Greenwald mounts a mighty and effective defense against the charge leveled by Mark Ames at that Greenwald and Laura Poitras are “monopolizing” and “privatizing” the 50,000-200,000 NSA documents entrusted to them by Edward Snowden.

Unlike Greenwald, I do think “it’s a question worth asking,” as Ames puts it — rather weasily, since his post attempt really is about supplying an answer. It’s worth asking because of the new news venture funded by Pierre Omidyar that has hired Greenwald and Poitras. Greenwald argues (among other things) that the deal has nothing to do with profiting from their access to the Snowden papers; in fact, he says, by the time the venture gets off the ground, there may not be any NSA secrets left to reveal. But one can imagine a situation in which a newspaper hires a journalist with unique access to some highly newsworthy information in order to acquire and control that information. In this case, we have contrary evidence: Greenwald and Poitras have demonstrated their courage and commitment.

Greenwald’s defense overall is, first, that he and Poitras (Bart Gellman plays a lesser role in the article) have not attempted to monopolize the papers so far. On the contrary, they’ve been generous and conscientious in spreading the the revelations to papers around the world. Second, getting paid for doing this is how journalism works.

To be fair, Ames’ criticism isn’t simply that Greenwald is making money, but that Omidyar can’t be trusted. I disagree, albeit without pretending to have any particular insight into Omidyar’s (or anyone’s) soul. (I generally have appreciated Omidyar’s work, but so what?) We do have reason to trust Greenwald, however. It’s inconceivable to me that Greenwald would let the new venture sit on NSA revelations for bad reasons.

But I personally am most interested in why these accusations have traction at all.

Before the Web, the charge that Greenwald is monopolizing the information wouldn’t even have made sense because there wasn’t an alternative. Yes, he might have turned the entire cache over to The Guardian or the New York Times, but then would those newspapers look like monopolists? No, they’d look like journalists, like stewards. Now there are options. Snowden could have posted the cache openly on a Web site. He could have created a torrent so that they circulate forever. He could have given them to Wikileaks curate. He could have sent them to 100 newspapers simultaneously. He could have posted them in encrypted form and have given the key to the Dalai Lama or Jon Stewart. There are no end of options.

But Snowden didn’t. Snowden wanted the information curated, and redacted when appropriate. He trusted his hand-picked journalists more than any newspaper to figure out what “appropriate” means. We might disagree with his choice of method or of journalists, but we can understand it. The cache needs editing, contextualization, and redaction so that we understand it, and so that the legitimate secrets of states are preserved. (Are there legitimate state secrets? Let me explain: Yes.) Therefore, it needs stewardship.

No so incidentally, the fact that we understand without a hiccup why Snowden entrusted individual journalists with the information, rather than giving it to even the most prestigious of newspapers, is another convincing sign of the collapse of our institutions.

It’s only because we have so many other options that entrusting the cache to journalists committed to stewarding it into the public sphere could ever be called “monopolizing” it. The word shouldn’t make any sense to us in this environment, yet it is having enough traction that Greenwald reluctantly wrote a long post defending himself. Given that the three recipients of the Snowden cache have been publishing it in newspapers all over the world makes them much less “monopolists” than traditional reporters are. Greenwald only needed to defend himself from this ridiculous charge because we now have a medium that can do what was never before possible: immediately and directly publish sets of information of any size. And we have a culture (in which I happily and proudly associate) that says openness is the default. But defaults were made to be broken. That’s why they’re defaults and not laws of nature or morality.

Likewise, when Ames’ criticizes Greenwald for profiting from these secrets because he gets paid as a journalist (which is separate from the criticism that working for Omidyar endangers the info — a charge I find non-credible), the charge makes even the slightest sense only because of the Web’s culture of Free, which, again I am greatly enthusiastic about. As an institution of democracy, one might hope that newspapers would be as free as books in the public library — which is to say, the costs are hidden from the user — but it’s obvious what the problems are with government-funded news media. So, journalists get paid by the companies that hire them, and this by itself could only ever look like a criticism in an environment where Free is the default. We now have that environment, even if enabling journalism is one of the places where Free just doesn’t do the entire job.

That the charge that Glenn Greenwald is monopolizing or privatizing the Snowden information is even comprehensible to us is evidence of just how thoroughly the Web is changing our defaults and our concepts. Many of our core models are broken. We are confused. These charges are further proof, as if we needed it.


July 6, 2011

Hey, kids, let’s play Spot the Lobbyist!

The Sunlight Foundation is crowdsourcing the identification of lobbyists from photos of them at Congressional hearings and other such events. The aim is to get a better sense of the lay of the land. The first round is a hearing on the merger of AT&T and T-Mobile (because lord knows all that competition is driving telecommunications prices into the ground!). Go here for the photo and instructions. (And a tip of the hat to BoingBoing.)


February 16, 2011

In praise of what Secretary Clinton did not say about Wikileaks

Especially when a prepared talk is being given in the midst of a difficult controversy, most of what matters is in what is not said. For that reason, I think Secretary Clinton’s speech on Net Freedom yesterday was actually quite encouraging about the State Department’s attitude toward Wikileaks. In this I seem to differ with many of my friends and colleagues. (See, for example, this thread from the Berkman mailing list. See also Mathew Ingram. Ethan Zuckerman posts his overall reaction, plus a brilliant draft speech he’d suggested Clinton deliver. Yochai Benkler has posted a draft of a paper [pdf] that — with Yochai’s accustomed astounding command of facts, law, argument, and moral insight — assails the claimed grounds for prosecuting Wikileaks) [Disclosure: I am a Franklin Fellow at the State Dept., attached to the group that works on the internal use of social media. This is a non-paying fellowship, and I feel no obligation to make nice, although I’m human.]

Secretary Clinton spent a substantial portion of her talk discussing Wikileaks.

The Internet’s strong culture of transparency derives from its power to make information of all kinds available instantly. But in addition to being a public space, the Internet is also a channel for private conversations. For that to continue, there must be protection for confidential communication online.

Think of all the ways in which people and organizations rely on confidential communication to do their jobs. Businesses hold confidential conversations when they’re developing new products, to stay ahead of their competitors. Journalists keep the details of some sources confidential, to protect them from retribution.

And governments also rely on confidential communication—online as well as offline. The existence of connection technologies may make it harder to maintain confidentiality, but it does not change the need for it.

Government confidentiality has been a topic of debate during the past few months because of Wikileaks. It’s been a false debate in many ways. Fundamentally, the Wikileaks incident began with an act of theft. Government documents were stolen, just the same as if they had been smuggled out in a briefcase.

Some have suggested that this act was justified, because governments have a responsibility to conduct all of their work out in the open, in the full view of their citizens.

I disagree. The United States could neither provide for our citizens’ security nor promote the cause of human rights and democracy around the world if we had to make public every step of our most sensitive operations.

Confidential communication gives our government the opportunity to do work that could not be done otherwise. Consider our work with former Soviet states to secure loose nuclear material. By keeping the details confidential, we make it less likely that terrorists will find the nuclear material and steal it.

Or consider the content of the documents that Wikileaks made public. Without commenting on the authenticity of any particular documents, we can observe that many of the cables released by Wikileaks relate to human rights work carried out around the world. Our diplomats closely collaborate with activists, journalists, and citizens to challenge the misdeeds of oppressive governments. It’s dangerous work. By publishing the diplomatic cables, Wikileaks exposed people to even greater risk.

For operations like these, confidentiality is essential, especially in the Internet age, when dangerous information can be sent around the world with the click of a keystroke.

Of course, governments also have a duty to be transparent. We govern with the consent of the people, and that consent must be informed to be meaningful. So we must be judicious about when we close off our work to the public and review our standards frequently to make sure they are rigorous. In the United States, we have laws to ensure that the government makes its work open to the people. The Obama Administration has also launched unprecedented initiatives to put government data online, encourage citizen participation, and generally increase the openness of government.

The U.S. government’s ability to protect America — to secure the liberties of our people — and to support the rights and freedoms of others around the world depends on maintaining a balance between what’s public and what should remain out of the public domain. The scale will always be tipped in favor of openness. But tipping the scale over completely serves no one’s interests—and the public’s least of all.

Let me be clear. I said that we would have denounced Wikileaks if it had been executed by smuggling papers in a briefcase. The fact that Wikileaks used the Internet is not the reason we criticized it. Wikileaks does not challenge our commitment to Internet freedom.

One final word on this matter. There were reports in the days following the leak that the U.S. government intervened to coerce private companies to deny service to Wikileaks. This is not the case. Some politicians and pundits publicly called for companies to dissociate from Wikileaks, while others criticized them for doing so. Public officials are part of our country’s public debates, but there is a line between expressing views and coercing conduct. But any business decisions that private companies may have taken to enforce their own policies regarding Wikileaks was not at the direction or the suggestion of the Obama Administration.

Now, one way to read this is to imagine what you wish Clinton had said, or what you would have said if given the opportunity. That certainly has its uses. But it’s essentially a daydream, for it acts as if high-visibility political speeches occur outside of political consequences and negotiations. (Ethan’s imagining, noted above, was within a pragmatic context, attempting to provide a vision for the talk.) If instead we take this speech as the result of a political struggle, then we have to hear not just the daydream, but the nightmare: Forces within the government must have been urging Clinton to take a hard line against Wikileaks and to use Wikileaks as a justification for constraining the Internet. When you consider all that Clinton does not say about Wikileaks, this speech is actually, in my view, quite encouraging. Indeed, in saying that “It’s been a false debate in many ways,” she does not narrow the criticism to the media’s participation; we are left to assume that she is also scolding elements of the government.

You say “Pshaw!” to the idea that this is a pretty enlightened speech? I understand that reaction, since this address is coming from a government that has reacted overall quite poorly to the Wikileaks leaks. (See especially Yochai Benkler’s comments in the Berkman thread and his comprehensive article.)( But that’s exactly why we ought to view the speech as a sign of hope that at least some elements of the government are catching on to what the Net is about, what it’s for, and what it can and cannot do. (“What the Net can and cannot do” is, from my point of view, pretty much the theme of the entire speech, which by itself is encouraging.)

Here’s an example of what I mean by reading the speech in light of what it does not say. Secretary Clinton does say that the Wikileaks incident “began with an act of theft.” But, she is careful not to say that Wikileaks was the thief. Instead, she refers to Wikileaks as making the documents public, as releasing them, and as publishing them. You can imagine the pressure on her to characterize Wikileaks as the source of the documents — as the thief — rather than as the recipient and publisher of them. (She does slip in an ambiguous phrase: “we would have denounced Wikileaks if it had been executed by smuggling papers in a briefcase.”)

Overall, I read the Wikileaks section of the speech as a refusal to blame the Internet, and as a refusal to issue threats against Wikileaks (and against the next Wikileaks-like site). True, Secretary Clinton “condemns” the leaks, but given the range of options for a Secretary of State, what else would you expect? That she would condone the indiscriminate leaking of confidential information? It’s confidential. Of course she’s going to condemn leaks, and in no uncertain terms.

The question is what follows from that condemnation. What followed were not threats against Wikileaks, not a clamping down on State Department security to ensure that “this never happens again,”not a retreat from Clinton’s emphasis on building a “need to share culture” within State, and not support for new policies that would put “reasonable” controls on the Internet to “ensure” that such “illegal acts” never recur, for “a free Internet does not mean a lawless Internet.” (All items in quotes are phrases I’ve made up but that I can imagine some in the government insisting be inserted.) The only statement about policies to address such leaks says that the Obama Administration did not “coerce” private companies to act to shut down (or shut off) Wikileaks; the clear implication is that the government should not engage in such coercion.

Now, we can imagine our own preferred words coming out of Secretary Clinton’s mouth, and we certainly can and should compare her statements with the actual behavior of State and the government overall. There was room for her to have gone further; I would have liked it better if she had, as per Yochai’s suggestion, acknowledged that State initially over-reacted in some chilling ways. But, in the context of the political debate, I think Secretary Clinton’s remarks on Wikileaks are encouraging, and her explicit rejection of limiting Internet freedom because sometimes leaks happen is hopeful.

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December 5, 2010

Truth is not enough

I haven’t posted anything about Wikileaks because it’s not as if there’s been a shortage of commentary. Also, I am deeply conflicted about it, for predictable reasons: I’m happy to see some nasty government programs exposed, but I also believe governments and the people who work for them need to have conversations that are frank, honest, private, and even regrettable.

I here just want to comment on a particular theory of truth that many are using to justify Wikileaks. This ideas says that “the truth” is a neutral and accurate depiction of how the world is. One is thus always justified in stating the truth.

That definition may be true, or it may be true as stipulated, but it’s not useful. In fact, it’s the opposite of useful because it misses truth’s value. Someone who babbles an endless series of true statements is insane. Kierkegaard talked about this as “objective madness.” He imagines a patient walking home from a stay in an insane asylum trying to convince people he’s sane by repeating over and over something true: “The world is round. The world is round.” The same ex-patient would be just as insane if he varied his list of true things as he strolls down the street: “The world is round. Books have weight. Wheels roll. My toenails are growing.”

Truth can be noise. Truth can be used to distract us. Truth can be wicked violence. It is not enough, therefore, to justify your blurtings by saying, “But it’s the truth!” Truth’s value comes from its role in the complex social fabric — network — within which we live. That network contains many other human values, purposes, and fallibilities. The truth matters because it helps us act in our world, together.

So, I don’t think Wikileaks’ actions can be justified simply by saying, “But the site is just saying the truth!” It’s far more complex than that. What effect will this exposure have? How might it have been a more effective exposure? What do we gain and what to we lose. With this round of Wikileaks, we both gain and lose, imo.

Here, by the way, I think Assange’s interests diverge from many of us who believe in the power of transparency. I find persuasive Zungzungu’s argument, based on a 2006 writings attributed to Assange [pdf], that Wikileaks is not about letting sunlight into the room so much as about throwing grit in the machine: It is aiming at rendering “authoritarian conspiracies” ineffective. I am glad that the site has exposed some of my government’s wickedness; I am unhappy that it is going to render it less effective in the good that it does. And I am unhapy with my government’s response to the leak.

Here are links to some Berkman posts about Wikileaks. And here’s a discussion initiated by Jay Rosen about Assange’s non-answer to a question like the one this post raises.


November 15, 2010

Without agenda?

Chris Johns, editor in chief of the National Geographic, praises Stephanie Sinclair’s photographs documenting the lives of women members of the Fundamentalist Church of Jesus Christ of Latter-Day Saints:

…Stephanie has no agenda. She does not judge. There is nothing superficial or glib about her work. Her photographs are honest. They reflect her insatiable curiosity. They also reflect her compassion and sense of responsibility… Stephanie understands that others may want to pass judgment, but that is not her role. She photographs what she sees and provides the opportunity for insight. The rest is up to the reader.

In a world full of shrill voices and agendas, we at National Geographic are committed to an unbiased presentation of facts. Yes, we will cover controversial topics like the FLDS, and yes, we will devote time and resources to get the story right. It’s what we’ve been doing for more than 120 years. Our commitment is to show the world in all its complexity—and to publish the work of photographers, like Stephanie Sinclair, who can present that complexity with compassion and fairness.

Many of the adjectives praising the photos seem deserved, but not the “unbiased presentation of facts” and “she photographs what she sees” guff. Take a look at the photo that illustrates the blog post. It’s a terrific photo because it has such a strong point of view. Chris seems to have confused Stephanie with a camera.

Then, of course, there’s the inevitable fact that the editors at NatGeo decide which of her photographs make it in, culling based on which photos tell the story they want to tell.

Photography provides the clearest, and indeed most literal, example of Jay Rosen’s argument against “the view from nowhere.” Just try taking a photograph without having your camera point somewhere.

BTW, if the photograph illustrating Chris’ blog post isn’t proof enough for you, read the comments.

(Tip of the hat to Alan Mairson for the link.)


January 29, 2010

Sunlight’s answer to the Supreme Court’s Naivety

The Sunlight Foundation has posted seven steps the government should take to help make campaign finance more transparent now that the Supreme Court has handed political discourse in the paid media to the highest bidders.


November 13, 2009

My talk at the Canadian Marketing Association: Markets are networks

I gave a keynote at theCanadian Marketing Association‘s Marketing Week conference in Toronto a couple of days ago. It was a new talk, and I tried to structure it carefully. I’ve gone through my slides, and here’s an extended summary of what I said (or meant) in this 35-minute (?) talk.

Title: After Conversation: Markets as Networks.

Part I: Networked Markets

As Doc Searls said, markets are conversations. But, Doc said something else that I think is just as brilliant: “There’s no market for messages.” That’s harder for marketers to hear, since it points to the essential fact of traditional marketing: The people marketers are talking to generally don’t want to hear from them. And I want to add one more thought to this mix: Markets are also networks.

Traditional markets consist of demographic slices, i.e., “social groups” of people who have never met one another. We choose particular demographics because we think they are susceptible to the same message. Thus, traditional markets are not real things to which we send messages. Rather, messages make markets.

Now, markets are networks…networks of people who converse and interact, spread out across the Internet. For example, at any one moment there are some number of parents with sick children who are on the Net talking and posting, on blogs, discussion boards, social networking sites, Twitter, etc. etc. etc. But that networked market is substantially different in 12 hours because their kids are getting better. And of course 12 hours is an extremely long periodicity for these networked markets. They change constantly. Think of how ideas ripple through Twitter. Furthermore, not everyone in the market of parents with sick kids are in it the same way. The illnesses vary, the seriousness of the illnesses vary, the relationships vary. Think about the gay network in this regard: I’m sometimes in this network because I blog about gay marriage. But if you, as marketer, fail to recognize the complexity of the interests in this group, then you’ll be sending gay dating solicitations to people who don’t want them, including some who are in this network because they’re posting homophobic comments. Networked markets are rippling, ever-changing, hugely complex, inherently unstable, and thus thoroughly unlike traditional markets.

In short: You can’t step into the same market twice.

In fact, these webs of connected people are characterized by their differences as well as by their agreements, by their individuality as well as their connection. (Q: What is the opposite of message discipline? A: The Internet.) This is very different from traditional markets which are defined by demographic similarities. Networked markets are equally defined by their differences.

Part II: The network properties of networked markets

Networked markets take on some of the properties of networks. Let’s look at a few of those properties.

1. Markets at every scale. The Internet works at every scale, unlike any other medium. [I should have said: …perhaps except for paper.] E.g., Twitter works for Ashton Kutcher with 3M followers and for a tween with her 10 friends. But it is a different thing at each scale. The same is true for networked markets. It’s crucial to understand the social differences at each scale; thinking of Twitter as a single phenomenon is a mistake (for example).

2. Markets are held together by the same “glue” as networks. What holds the network together (not at the level of bits ‘n’ routers, of course) are the interests people express through their links. Likewise for networked markets. Shared interests, not messages, make networked markets.

3. Markets are transparent like networks. Because the connective tissue of the network consists of links, and those links tend to be public, the network tends towards transparency. (Note: tends towards.) I want to mention three types of marketing transparency that I think are crucial.

a. Transparent sources: We need to be able to follow links to the sources (the facts and conversations) that lead you to what you say.

b. Transparent self: We need to know you are who you say you are (no astroturfing or phony reviews!), but we also need to know that you know that you’re a fallible human like the rest of us. The posturing and perfectionism of traditional marketing increasingly will decrease the company’s credibility.

c. Transparent interests. The customer’s interest in a product often are not aligned with the company’s interest in selling it to her. The customer’s interests are complex (buying a bike to save gas money and to get some exercise and to save the earth and to feel like a kid), while, at worst, the company has a single interest. Because of this potential mismatch of interests, we need transparency about the company’s interests.

Summary: Transparency of (a) sources to trust your facts, of (b) self to trust you, of (c) interests to trust what you’re up to on our Internet.

Part III. Four challenges (plus one)

1. How does a marketer deal with the non-alignment of interests? At the very same time, the market may range from wanting to sing kumbayah to being near-violently politically opposed. Tough problem. Part of the answer is to be willing to embrace a straightforward advocacy (with facts and reasons and full transparency) about positions much of the market may disagree with. In a network based on difference, honest disagreement is better than a phony agreeableness.

2. Cluetrain advocated authenticity. Over the years, I find myself agreeing more with Chris Locke‘s skepticism about the concept. What does it mean for an organization to be authentic? It’s hard even to make sense of the term. E.g., does it mean that everyone has to agree with the founder’s opinions? Does it mean that people who are working there simply because it’s a job have to pretend to be enthusiastic?

3. Companies are hierarchical because hierarchies scale up to the size of an army (= the number of Ashton Kutcher’s Twitter followers). But hierarchies don’t interact with networks very comfortably. E.g., who speaks for the company?

4. Respect the conversation. Although markets are conversations, conversations are not markets. The conversations are more important than your marketing. And if you participate, then truly participate; don’t participate with the secret aim of subverting the discussion.

5. The hardest thing for marketers: Resist opportunities.

The End.

(By the way, here’s Marketing Magazine‘s brief write-up of the talk.)


October 13, 2009

Larry Lessig: Beyond Transparency, and Net Triumphalism

Plenty is being written already trying to parse, understand, and come to terms with Larry Lessig’s article “Against Transparency” in the New Republic. Ethan Zuckerman does his usual outstanding job in clarifying ideas sympathetically. Transparency advocate Carl Malamud responds to Lessig. I presented my own “walkthrough” of the article. The New Republic has run Tim Wu‘s response, which agrees with Lessig in important ways. The New Republic has also run four other responses, including an excellent response from Ellen Miller and Michael Klein, founders of the Sunlight Foundation, the leading advocate for transparency. (My response is included in that set of four.) Aaron Swartz prefigured Larry’s argument in a piece he posted in April: “Transparency is bunk.” Plenty to chew on.

I want to briefly expand on the article’s import.

At the end, Larry expands his own argument to cover “Internet triumphalism.” Over the past couple of years, we’ve been seeing Net triumphalism waning, at least in the circles I travel in. Triumphalism is the notion that the war has been won. It’s over. Net triumphalism thinks that the new tech is in place, cannot be removed, and will change everything. It thus includes Net techno-determinism, i.e., the idea that the mere presence of the Net has predictable, determinate, and inevitable effects. Triumphalism adds: Yay!

Net triumphalism seemed more plausible back in the days when the demographics of the participants were pretty homogeneous, masking the role culture played in the homogeneous effects the Net was having. As regimes have censored the Net in ways the Net has not routed around, as Albert-Laszlo Barabasi and then Clay Shirky showed us that the Net tends towards the old patterns of unequal influence, as the mere networked presence of Howard Dean supporters failed to end GW Bush’s reign of error, naive Internet Triumphalism has become unsupportable. As Joe Trippi said, we need mouse pads and shoe leather. As Aaron Swartz says, we need narrative journalism as well as the Web. As Larry Lessig says, we need political reform as well as the Web. Indeed, as Aaron and Larry point out, the sunlight of transparency casts shadows as well.

I think “Against Transparency” misidentifies the source of the threat and undervalues the benefits of transparency-as-the-default, even as I agree with Larry’s cautions and his policy agenda. I nevertheless think it is one more marker in incremental extirpation of Internet triumphalism. Some of the pain reading his article causes old-time Net enthusiasts like me comes from that. It’s the right pain to feel, even if we disagree with the particularities of Larry’s article.


October 12, 2009

Lessig’s “Against Transparency”: A walkthrough

I’ve been in a small round of email among friends, arguing over exactly what Larry Lessig means in his article in The New Republic titled “Against Transparency.” It is a challenging article for those of us who support government transparency, and Larry is obviously both influential and brilliant. So, I wanted to be sure that I was following his argument, since it is somewhat discursive.

Here’s what I think is a guide to the flow of the article, with links to the eleven Web pages across which the article is spread. (I’ve made judgment calls about where to divide topics that span a page.) The following is all my gloss and paraphrasing; let me know if you think I’ve gotten it wrong. Note that I intend this only as a guide to reading the article, not as a substitute. I’ve purposefully filed off the nuances, grace notes, and subtleties that make this a Larry Lessig article. (Note also that the italicized bits are not me interjecting; they’re the article’s own objections and qualifiers.)

Section I: Transparency is not necessarily good

[link] Sometimes, transparency that seems good is bad. (“Punch-Clock Campaign” example.)

Especially bad is “naked transparency,” which wants massive amounts of government data made available over the Internet. Naked transparency will “simply push any faith in our political system over the cliff.”

Qualifier: Most transparency projects are not bad.

[link] Transparency projects that track the flow of money and influence are particularly bad.

[link] A short history of transparency. (Brandeis)

To be helpful, information has to be incorporated into “complex chains of comprehension.”

Is that what’s happening with what naked transparency reveals? The supporters of transparency haven’t asked that question.

[link] Section II: Transparency leads to untruth

Mere correlations between politicians, donors, and votes does not tell us if the politician is corrupt.

Objection: But, revealing those correlations does no harm.

[link] Yes it does! (Hillary Clinton example.) Once the correlation gets in our head, we can’t get rid of it.

Objection: More information will chase out the bad info.

[link] No it won’t! Our attention spans are shot. You can see this everywhere. (Surveillance camera example.)

[link] Section III: How to respond

Can we get the good of transparency without the bad? No. (JAMA example.)

[link] The transparency argument is following a familiar pattern. Similarly, tech has enabled a “free content movement” that has disrupted the newspaper and music industries.

Let’s not follow that pattern in how we respond. We can’t fight the Net’s lessening of control over info.

[link] We need solutions that accept the Net’s effect. (William Fisher and Neil Netanel examples.)

[link] The solution is obvious. Transparency is inevitably going to raise false suspicions. We are prey to those suspicions because we already believe that politics is corrupt. Therefore, we need to eliminate political corruption.

To eliminate political corruption, we should enact the Fair Elections Now Act.

Caveat: The name of the act is misleading. It’s not about fairness.

Without this, we are doomed.

The transparency movement should support campaign finance reform, and should constantly remind us that transparency is not “just a big simple blessing.”

[link] Likewise for the rest of the Internet triumphalism.


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