As ever this rests upon a heap of confusion.

Let’s clarify a few things so we can be sure we aren’t distracted. There are bigger things happening (or not happening) in the world as our attention is consumed by this latest media event.

I’ve already said that there is a big difference between Treasonous acts and Whistleblowing (whether against Government or Corporate abuse of power and the public trust). Our legal system should reflect that distinction.

I’m going to go expand that statement to include the other big “T” … Terrorism.

We don’t need to go into the details of whether this was a case of whistleblowing. It’s more like a massive data dump. But as an analogy it should be instructive. The point about whistleblowing is having a fair and impartial hearing under due process of law, whether in the corporate sphere or a matter of state. The expectation of such a hearing, a true separation of powers and a more general atmosphere of transparency would transform our political culture in the best possible ways.

Another important distinction: those who publish the material, and those who leaked it. These are very different acts, and should be regarded differently. Some have called for the “destruction” of the publisher, some are engaged in illegal activities trying to suppress the website. As for the person who leaked the material, I return to the question of due process of law.

If we speak in favor of Law and Order (upholding claims of secrecy, and the necessity of state secrets and moreover the stiff punishment of those who break the pertinent laws) then let’s set aside the vindictive calls for persecution and violence that ignores due process or makes it into a mockery.

And let’s take that notion a little further — due process is not just following the letter of the law and procedures. It involves a judicious reading of the letter of the law such that higher human values are served or weighed against each other. This sort of reading of the law can lead to a rewriting of the law that is all part of an ongoing evolution of the human spirit. It’s the basic mechanics of the common law and we should not be so quick to dismiss such deliberations as judicial activism. It was once the consensus that common law was in evolution and progressing to a higher state. There are ways in which our society has fallen, but we cannot deny the possibility of further progress of human values. The law as written and enforced is not always right.

Lastly, let’s not confuse privacy and secrecy. Secrecy is a matter of policy. No Government agent creating a document or other record in the course of their duty has any expectation of “privacy” … these documents are internal, and that’s not the same as privacy. Recognizing that secrecy is a matter of policy is to see that it’s not a right. It’s a combination of circumstance and policy, and policy can be changed at a pen stroke.

All in all most of the confusion comes down to a certain kind of authoritarianism we all to readily adopt and allow to excuse further abuse of power. Consider the lengths the Administration went to in attempts to quash the Pentagon Papers and to persecute and prosecute Daniel Ellsberg and Anthony Russo. This is a dangerous thing. If we’re really on the side of law and order, let’s moderate the rhetoric, and let’s not be distracted.

The Google-Verizon recognition of the Open Internet opened the door to fundamental policy clarity at the FCC.

Defenders of the Open Internet, Network Neutrality and even Common Carriage can stand firm together in support of a principle of Network Clarity: the Open Internet is not a Service. It is a general purpose open communications framework independent of the various technologies and infrastructure that compose it. As a communications framework and must remain open as speech must remain free.

The regime of service-oriented policy now ends.

For a more nuanced exegesis of the significance of the policy ramifications, see Dr. David Reed’s post.

• Invitation — attend the most important event in the Community Technology/Digital Empowerment Sector in a decade – we’re rebuilding a movement – and we need your commitment and enthusiasm.
• Invitation — spread the word – Let us know who is up and coming but who may have never connected to the national/global movement and Invite them! Help fund their travel! No one is late to the party!
• Invitation — help us (re)build the movement in any way you can! If you are coming from out of town – let us know!

Three tracks:

• Broadband: Expansion & Inclusion
• Tools and Platforms
• Collaboration Models and Community Building

Special Honorees: Carl Davidson, Julia Stasch and Rep. Constance Howard
Keynote Speaker: Dr. Nicol Turner-Lee

Registration: http://dexcon2010.eventbrite.com/

As a recognition of our common heritage, past members of the network are eligible for the early bird rate.

For more information or to donate/volunteer contact Pierre Clark. (312) 473-0373 or registernow@digitalexcellence.net

We believe that a new way of working together is emerging and that our message to our communities is more pertinent than ever, and that we are stronger when we establish resources in common and share solutions freely across the network.

This is not a relaunch. It is something more profound. We honor the heritage of our field by finding a way forward, one suited to our present situation, one that builds upon what we have learned.

We have much experience in this community, and we are clearly ready to refactor, rebuild and reboot the movement and the network. We will determine the functions, services and capacities we need and desire for the field, and we will coordinate efforts to bring them online in a manner that serves the field as a whole, building upon capacities already under development when possible and operating from a perspective of shared, open stewardship.

We’re looking to grow our field, and to demonstrate it’s relevance to every facet of community and civic life. Many are engaged in the work and have not found us, their peer-community. We’re looking to establish a way for them to find us as we found each other, and for all to find a way to take up a meaningful share of the work.

We would love for all who wish to come to be there. This is an open call to everyone serving our field. You are invited to join the working meeting on October 30, or to step up in any way that may support this effort. (All are likewise invited to attend the Digital Excellence Conference, October 29: http://dexcon2010.eventbrite.com/)

Many have already expressed support for this endeavor, but not all are able to attend. For some, the obstacle is scheduling, for others there are fiscal constraints. Perhaps we can find creative ways to address the latter.

There will be several channels for involvement leading up to and following the meeting. First among them is a discussion list: http://groups.google.com/group/rebuild-reboot All who wish to attend or otherwise support the work should subscribe and participate. Please signify on that list whether you plan to join us for the meeting or if you can support this effort in some other way.

Please also spread the word on this meeting and the conference. Tell us who you think should be there. Better yet, tell them.

Michael Maranda
Rebuild-Reboot Committee

In honor of One Web Day here’s a call to action addressed to all who feel the absence of the great peer networking organizations and online communities that addressed community technology and networking, and to those who joined the field since their zenith.

It is time to Rebuild and Reboot the Network!

Pierre Clark has been doing a great job publicizing DEXCON 2010 (October 29) — and as there has been interest in national/regional coordination and collaboration in the absence of major gatherings (such as the CTCNet Conferences) focused on Digital Inclusion/Digital Excellence and the traditional community tech center, community media and community network concerns, we’ve put together a quick survey to determine feasibility of a Saturday Session for the Chicago DEXCON event.

We’ve already got several affirmative replies, so it looks like it will very likely happen! (Very exciting and much appreciated)

If you have any interest in re-invigorating the field — please do fill out this survey, and do it soon – we need to plan accordingly, all on volunteer steam (feels like the good old days)!

Also, please share this call to action with anyone else you think may have missed the invitation to the survey or the event announcement. Even if you cannot attend, for whatever reason – please check in with us. We’ll be setting up tools to keep the work moving before and after the event and we want to make sure everyone is involved.

We’re looking forward to a new era of open stewardship for our sector!

Warmest Regards,

Michael Maranda
Co-Founder, CDAA

In the afternoon I’ll be co-facilitating an Open Stewardship Session.

However, the best way to fight is for communities to deploy their own networks and to interconnect them.

Chris views Chicago’s policy on the public selling of art as a matter of free speech. I won’t make his arguments for him — you can read up on his campaign on his blog. I will say that I find his argument compelling, and that our city would be better if these policies were overturned.

Recently Chris was ticketed for his activity of selling art without a vendor license, within the Loop area. On another occasion he was arrested and charged with a felony for taping his encounter with the police. There is a recent article in the Sun Times with a plethora of comments from supporters of the Free Speech campaign and decrying the misapplication of the eavesdropping law. I urge you to add your comments to the article, and to spread the word on this valiant campaign.

Here’s the comment I posted.

Mr. Drew is undertaking a heroic effort to make our city better – not just for Artists, but for all of us. I want my city to be a vibrant cultural center, with artistic endeavor at every scale. The art he offers for sale is of the most humble and accessible form.

Art indeed is speech, and if Mr. Drew’s account of Supreme Court opinion on Commercial Speech is correct, then it is clear that the city’s peddler law is overly broad and therefore unconstitutional.

If the law were really about public convenience (i.e. for pedestrian traffic, etc.) why would seeking donations rather than a sale exchange make a difference? I’m not up to speed on the legal distinctions or constraints against regulating these other activities, so I’d love to be informed. Perhaps the Sun Times could do a bigger story, exploring the irony of the eavesdropping charge, along with the contrasts of civil rights and free speech pertaining to different classes of behavior and different public spaces.

This of course brings to mind the absurdity of specially designated “Free Speech Zones” established during large scale events. That’s something else that needs to be challenged.

I do hope that local media will take up the broader issues, and do us a public service informing us on this important topic. Spread the word, for Free Speech, whether you agree with Chris or not, this deserves public consideration.

I’m interested in more public dialogue, so I only provide my reaction here, and leave the others in that email exchange to speak for themselves and to audiences of their choosing – but as I have something to get off my chest, here I go…

(Wow, well, glad interest has been sparked…) my read is that real (as opposed to who?) people are affected in so many cross-cutting ways by media policies that they can’t even see it (or if and to the extent they do they are seeing so many things at once, and potentially different things from each other, with different languages to interpret or speak about them).

We’re embedded in the results/effects of media policy. Another factor to consider is the manner in which policy obscures itself. To the extent that those shaping policy are often angling for particular perks, obscurity is a strategy and an advantage … to those passing legislation/policy and serving narrow interests. The contrast between narrow interest vs. general interest in any policy (media or other policy) is the big puzzle. We’ve tended to accept the exigency of acceding to the narrow interest to get things done, or to get the uncomfortable questions off the table. We tend to steer away from the real work that would build enduring, generative capacity.

None of this is terribly helpful, I am sure.

Thom Clark makes excellent points in that capacity is policy … i.e. local capacity is both a (variably effective) policy maker and the result of policy. If we are to collectively “grow ours” (in contrast with “get mine”) then we have to invest in meaningful capacity building that seeds the local and builds lateral connections over these localities (not necessarliy spatial/geographic nearness) – in multiple dimensions – capacity in fields of interest, of professions, of other “community” of various stripes.

That is, every sector of life is touched by this.

In our work on Digital Excellence this was perhaps our central point. (We blend the concepts of Digital Literacy and Media Literacy at this point, at a very deep level, so they maybe synonymous or united at a higher level.)

Every sector, every aspect of our individual and collective lives is touched by media/technology processes. It’s important to pair these terms – individual and collective – it’s not just individual lives here, it’s how we live together that is affected, and our own awareness of our role and freedom to shape this. So it’s groups and communities and families, and organizations that have to be part of the story, too. Each of these flavor and shape the quality of my individual life and I have to take time to care for these aspects of my/our selves.

My gut is to flip the question on it’s head… show me any story or any aspect of life not affected by media policy. I recognize that that’s probably not compelling for the audience.

FWIW, (and to state the banal) I’m an individual… I engage in media activism, and media policy, and I buy into the importance of “being the media”. I endeavored to get others to some state of awareness on several interrelated topics (and to build my own awareness and understanding thereby), not to mention awareness of their interrelatedness, and I employ multiple strategies to do so. I have perhaps a very different notion of “policy work” than what may be commonly understood, but there’s the rub — all sorts of work are being re-imagined and restructured. (That’s nothin’ new, but perhaps only more so now..)

“Be the media” as sentiment and strategy is an expression of this transformation of work and life, and a recognition that practice and policy are one. Policy may otherwise be regarded as something that happens above, or elsewhere, or happens to you … but in this model, policy is what we contest and what we make and how we practice. If you’ve the motivation and I haven’t worn out my welcome take a look at the entry for Grassroots Public Policy Development in the Public Sphere Pattern Language project spearheaded by Doug Schuler.

Getting to this practice of “being the media” and being with (and for) each other in community, talking about and reforming our practice and our communities at the same time gives us something fairly exciting to talk about. Trying to be clear: talking about or sharing any of the strategies we’ve employed feels like a success story to me in that we’ve been building community and community capacity.

I’m tempted to enumerate tools, devices, strategies – ranging from the pattern language process itself to open space and other civic focused gatherings to new models of philanthropic or educational/research engagement to positive media to open data commons models – but any list would be partial, and would not honor the plethora of ongoing efforts and approaches to living together in a new way. So many things tied together … we’re enmeshed in good and bad ways. And as the story goes – each interpretation of the moment is subject to revision. Perhaps.

Any of you are welcome to tell your story here – or anywhere. How does media policy affect you, personally, or the things you care about?

I’ve cleaned up the rough notes of my 3 minutes and I share them here as an “open note” to the transition team led by Susan Crawford and Kevin Werbach. Much thanks to Nathaniel James for coordinating the call!

When Chicago was exploring options for vendor driven citywide wifi networks there was a prolonged public debate and discussion (some through hearings coordinated by Aldermen, others through hearings specific to the digital divide committee, and more still in public meetings convened by the Chicago Digital Access Alliance).

Grassroots groups looked closely at what had become a contemporary re-framing of the digital divide – namely, Digital Inclusion.

In Chicago, grassroots and civic leaders determined that Digital Inclusion did not offer a big enough vision and was potentially constraining and divisive. At the most benign level we saw the Digital Inclusion language as a means of obtaining the endorsement of disparate groups by favors rather than involving community in true holistic planning processes or giving community a mechanism for effective oversight of communication infrastructure initiatives. The FCC (and really, all institutions of Govt.) should support a policy agenda that encourages inclusive local planning processes and oversight.

In Chicago, we evolved a conceptual framework around Digital Excellence as a new model for transcending the digital divide.

I will not go into great depth on this, given time, and given the current limited scope of the FCC (and the purpose of this call) but I do wish to underscore our view that Media Literacy and Digital Literacy are deeply connected, and that the FCC should be connected to (and support interagency) efforts addressing this.

In a new model of participatory governance there should be outreach efforts of governance bodies such as the FCC to educate the public on it’s powers and the channels for citizens and communities to avail themselves of the resources and protections of the particular agency. This would go beyond public hearings convened in recent years by the FCC and would be a mandate for public education on the science and policy guiding the FCC. This would institute a sunshine palliative to past practices and reduce the perception of privileged access to decision makers.

It’s worth restating the basic point made by many: A big vision for dealing with the digital divide under a a new banner of digital excellence would require interagency collaboration and strong integration with citizen led efforts.

Programs like DOC-NTIA TOP (Technology Opportunities Program) – quietly killed several years back – must be revived, along with funding for a new generation of hybrid Community Technology Center/Community Media Center/Community Network (given the new era of convergence on Internet Protocol as media/communications platform). TOP’s successor should be redesigned to leverage the knowledge and experience gained in these social/technology experiments and there should be parallel institutional support for the replication of any powerful community innovations that emerge as opposed to the unfortunate past model of funding limited efforts at innovation then leaving that experience in a database or shelved in reports.

Digital media infuse all aspects of life but historically most investments in digital literacy and access have had very limited goals (and moreover limited success) and tended to segment digital from other dimensions of social and public life. Efforts to redress the digital divide should not be limited to remedial kindergarten concepts of the divide, they should start with a big vision … our vision is a world where the majority of the public are confident in the use of collaborative tools, are able to express themselves in media formats of their choice and that communities are creating new tools that suit their purposes.

That’s close to what I said … there were other points I would have liked to address, but my watch was focused on digital-divide/access sector. I tend to take a very broad view on the scope of “digital” as touching many aspects of our experience as members of the community. It’s something that penetrates every sphere of life and any public program or service needs to consider the digital dimension and social divides that intersect. The digital transformation of our culture and economy is still in process – businesses have more capacity to adapt, as they can pass costs on to their customers, but government and community groups have less freedom in that regard.

Though the US has been cited as being close to 20th in global broadband penetration, I don’t want to see a narrowly conceived national broadband policy emerge without a deeper community oriented, community driven commitment to the higher aspirations of Digital Excellence encapsulated above.

The public at large, communities and municipalities need space for experimentation with new models of dealing with the connectivity issues and the tools that will ride upon the new media infrastructure. We need means of getting to the Internet through channels not owned by major corporations. We need to eliminate the stranglehold on the last mile (better described as the first mile – since they’re our communities). We need to open up the spectrum – we should have seen an equivalent to Moore’s Law in efficient (and expanding) use of Spectrum were it not for a regulatory status quo based on narrow interests and outdated or junk science where spectrum is regarded and held as property rather than as an arbitrarily divisible medium (subject to technical advance). The Internet and the Airwaves should always belong to the public. They must be administered with a long term view informed by science and the public interest. To restate: we need room for experiment in civic technologies and processes – at all layers of the stack.

Information Infrastructure resources for communities, the public and government bodies at all levels of jurisdiction should be supported in a Civic Garden model where anyone anywhere may freely access and interact with resources in the .GOV, .EDU and .ORG top level domains.

The Internet is the new medium for local, national and global civic discourse and such interactions should be privileged under the same principles of civic necessity that justified support of print journalism and the postal service.

Community capacity in the deployment of networks, services, tools is essential to a free and democratic society. I join with Lauren Glenn-Davitian in a call for a rewrite of the 1934 Act that established what is now the FCC in light of the ongoing evolution of technology and our society, and in light of the vision we have for ourselves.

Here’s more info:

Today’s music landscape is filled with both excitement and foreboding. With so many new technologies and ways to promote and distribute music, how do performers, composers, songwriters and independent labels know how to participate, who to trust, and what is most effective?

Future of Music Coalition — a national non-profit that seeks a bright future for musicians and fans — is organizing a musician education workshop at the Old Town School of Folk Music on September 22, from noon to 7PM. The “What’s the Future for Musicians?” seminar will provide musicians, songwriters, independent label owners and music fans with practical advice about a range of internet-based promotion and distribution options, how to navigate the health insurance landscape, the importance of open internet structures and how copyright law and business models affect musician compensation. Breakout sessions will give attendees a chance to interact with the experts on the latest developments in music, technology and policy. The forum is a great opportunity to network with other musicians while getting informed on topical issues.

Admission is $25, though a limited number of musician scholarships are also available.

Event page:
http://www.futureofmusic.org/events/chicago08/index.cfm

Registration:
https://www.futureofmusic.org/events/chicago08/regform.cfm

Musician Scholarships:
http://www.futureofmusic.org/events/chicago08/scholarshipinfo.cfm

What else is happening for One Web Day?

As part of Chicago’s NetTuesdays Meetups we’ve been recording interviews with people from the Chicago NPO & Tech Sector – hope to have some of those up by Monday!

THE TIME, it is to be hoped, is gone by, when any defence would be necessary of the “liberty of the press” as one of the securities against corrupt or tyrannical government. No argument, we may suppose, can now be needed, against permitting a legislature or an executive, not identified in interest with the people, to prescribe opinions to them, and determine what doctrines or what arguments they shall be allowed to hear.

John Stuart Mill (1806–1873). On Liberty. 1869.

The State is neither the sole nor the principle threat to the Liberty of Thought and Discussion.

Is it unlikely that corporate media, focused on profit, often owned by or in ownership of conflicting economic interests will serve this function? What must change? The media must serve a public duty untainted by impulse to self-censor when truth must be spoken. Report. Let the people judge.

The people must show some spine if we are to be free.