Musings on law, tech, chess & other topics by a geek

Judge Chin Ruled today against the Google Book Settlement and one of the key issues was the opt out nature:

many of the concerns raised in the objections would be ameliorated if the ASA were converted from an opt-out settlement to an opt-in settlement. (See, e.q., DOJ SO1 23, ECF No. 922; Internet Archive Mem. 10, ECF No. 811). I urge the parties to consider revising the ASA accordingly.

Full PDF of Judge Chin’s ruling is here here. This is a large win for EPIC and Internet Archive whose friend of the court briefs were clearly influential.

While sitting at home grading a paper on I Can Has CheezeBurger, the owner fail blog, I decided to go check out the amazing privacy policy mentioned in the paper. Here is the results from http://corp.cheezburger.com/privacy-policy/:

The TOS page gives the same 404. Hmmm maybe internet archive can save the day. Back to grading papers.

Update: internet archive has the link going to http://icanhascheezburger.com/privacy-policy/, that page is 404ing also.

Update: finally found the policy at http://corp.cheezburger.com/legal/privacy-policy/

iSchools and Law Schools Collaborations w/ Dean Kellye Testy, Dean Mark
Niles, Mike Crandall

This was a great panel.  The Q&A from the audiance was especially strong:

Q: How do we reframe access to knowledge in the US as a human right?

Q: How do we accredit more people, like librarians, to practice the law on a limited basis?

Q: How do we create more opportunities for joint degree programs?

These are great questions, I hope that the conversation started here helps answer these questions.

Authenticity, Security and Electronic Evidence w/ John McKay, Barbara Endicott
Popovsky

Values Brainstorming:

Who is not currently being served?

Identify who is not being served

What are the accessibility or usability requirements?

Money and Human resources, what do we have?

Who is the Justice System for all? Not just citizens or residence but everyone regardless of background, education, race, language. Absolutely everyone.

ATJ Technology Principles

The program just opened with a a strong video by Chief Justice Barbara A. Madsen.   Here are the slides for the presentations to follow:

Hon. Don Horowitz:

David Keyes Slides

Brian Rowe:

Related Law review articles Mentioned by Don:

Vol 79 Washington Law Review #1 February 2004 p.77 “Technology, Values and the Justice System: the evolution of the Access to Justice Bill of Rights”

The Wash State ATJ Tech Principles-A Perspective for Justice System Professionals 27 Justice System Jrnl 248 9-28-06 by Zorza-Horowitz A PDF version

I just made it to iConference 2011 here in Seattle.  This years conference has over 525 participants from around the world.   Here is the Schedule for the iConference workshop I am helping run today:

Information, Values, and the Justice System – Transformation and Challenges

The first of two blogs I am overseeing this winter has just started to pick up with some great posts. This blog is for LIS550, Information in a Social Context and is written by second year  MILS students (mostly librarians).  Topics include trademark, Burning Man, copyright, net neutrality, spam, privacy, Free Press, patents, hacking xbox and many more topics.  I am impressed by the topics and the quality of resources referenced, these posts have lead to some strong in class discussions.

Here is the first round of public posts:

LitigationVille: Can FarmVille prevent other social media games from using the “-Ville” suffix?

A Second Helping: the Return of Rustock and all the Spam you didn’t get over the Holidays.

Trademarking Tradition: Getting the tm on Baltimore’s Hon

The Implications of Geolocation and Digital Images

Video Game Consoles: Information Appliances or Generative Platforms?

Copyright Reform in Canada, Bill C-32 – Point of Comparison for the U.S.

PatentlyO & Microsoft i4i

Scam baiters: better than the spammers they’re scamming?

Net Neutrality – The FCC Ruling and Its Impact on Developers and Libraries

These are mostly short form post about recent events.  Longer form opinion pieces will be incoming later on in the quarter. Follow the blog at brianrowe.org/LIS550/ or read more on the syllabus at brianrowe.org/LIS550/about/.

Boing Boing has a great post on board game:

If you asked people in the street to name three new books, films, TV shows or music they’ve enjoyed in the past 20 years, you’ll soon have hundreds of different answers. Ask them to name three boardgames, and you will likely only hear “Monopoly, Scrabble & Cluedo” (aka Clue)*. Not an exaggeration, most people have no idea how far boardgame design has progressed recently. Modern boardgames compare to Monopoly like a BMW compares to a Model T Ford. It’s that different.   I was shown Settlers Of Catan in 1996, just after it was first published and it changed my life**. The epitome of modern German game design, Settlers is totally engaging. You have to think, make decisions, barter, trade and influence the other players. You don’t attack people, but you can block them. You don’t get eliminated and the game takes about two hours tops. Settlers does use dice, but you win by being smart, not lucky. The ‘board’ is modular, large hex tiles, so every game is different and fresh.

Read the rest at BoingBoing

I completely agree, Settlers Rocks. It is collaborative, social, strategic and ever a little competitive while still having an amazing replay value. Our 9 year old loves it and just won her first game of knights and cities this past weekend.  This was a big accomplishment for her, she learned a lot about planning and implementing a strategy to get there. Board games were a staple for my family growing up but they were nothing like this.  Board games have gotten so much better in the last 15 years.

Board games really took off when I was managing a WOTC store.  We had a game night where employees would get together and play new games.  We also had a policy where employees could check out any game in the store to take home for a week and learn.  I miss working somewhere that people get together to play games .

Image CC BY SA Marcaunon wikipedia

Closing comment: This is not about wikileaks this is about access to information and the term information war is very relevant.  This is very similar to the p2p file sharing conflict.  The answer is not to play wake-a-mole it is to come up with a new way to create real government accountability.

Please do not pass an anti-wikileaks law we will get a new information age Patriot Act that will be abused against others.

Here is the total live stream it contains several useful links, my favorite is The Washington Coalition for Open Government a group fighting to expand shield laws to you and me to bloggers:

joey_mornin: next prediction: hanson will be charismatic and give warm praise to each panelist
kirkland: interestingly we fight for ourprivacy rights on fb -but can states ask for privacy?:)
EastCoast: what about Bradley Manning
joey_mornin: Wikileaks has only released 1,000 cables so far. The New York Times knows more than the public. How is this different than the Pentagon Papers? Has the Internet caused any fundamental changes here?
joey_mornin: (That was my question for the panel.)
joey_mornin: (Thanks!)
paul: I think she has been drinking a little too much of Julian’s kool aid.
rriski: Pentagon Papers were published by NYT for 3 days before court injuncttion shut down NYT. That can NOT be done now because of the Web. Wikileaks has the benefit of multiple Web sites and mirror sites a
kirkland: I am all up for transparent information but the recipient needs to be ready and able to process the info …
rriski: …(sorry) across the globe. So Assange and his cyber team can publish info and hold large institutions accountable from “a distance” without legal restraints. Thanks.
joey_mornin: rriski: but is there a fundamental change? in both cases, the NYT knows more than the public.
kirkland: What is greatt with WL is that it is raw information and we dont have to try read between lines or opinions.
paul: without legal restraints, without accountability to voters
rriski: The NYT and WaPost have legal, military and gov. experts who can take the WL raw info and put it into context. Raw info is exacting but can be difficult to put into context without expertise.
rriski: Mr. Fancher is exactly right.
EastCoast: my point
joey_mornin: @panelist then why publish through 5 newpsapers, instead of publish the whole set of cables?
joey_mornin: Here’s a cleaner question:
joey_mornin: Why does Wikileaks choose not to publish all 250,000 of the cables? What does that decision say about the differences between the Net and traditional media, and the relationship between the two?
rriski: Suggest Julian Assange gave it to NYT, UK Guardian and other leading papers for the purpose of allowing them lead time in order to create news stories that provide context and meaning.
Brian Rowe UW iSchool: wikileaks is not the issue here if the state department stops wikileaks 10 more sites will crop up in thier place
cw: @Brian: I’m not sure I agree. with that much data, it may help to have a savvy organizations to protect the data nad make that spread happen
Seattlite: @Joey – do you think the cables should be released without anything redacted?
rriski: Daniel Ellsberg met Julian Assange in London only a few weeks ago in London. You can see the video footage of that at www.judithehrlich.com . Judith Ehrlich is the co-producer of “The World’s Most Dan
rriski: “The World’s Most Dangerous Man, Daniel Ellsberg and the Pentagon Papers” the Oscar-nominated documentary movie. Thanks.
deskartez: wikileaks has exposed what mainstream media in the USA would never report
joey_mornin: @Seattlite not at all. That’s why I think we need to take a closer, more critical look at the net’s role here. It doesn’t enable full transparency, nor is that what we want.
joey_mornin: (I LOVE the internet, by the way)
EastCoast: are there any actions of the state that should be keep from the public discourse, if only in the short term?
joey_mornin: @deskartez but the mainstream media IS reporting it–that’s how it was made available to the public
joey_mornin: not directly from wikileaks
joey_mornin: and still, wikileaks only releases what they first vet with major news orgs
Seattlite: I wonder how many people have actually been to wikileaks, and not just read what has been digested for them.
cw: @Eastcoast: That’s a great question; the other half is, can we trust the govt to decide when that is the case?
deskartez: exactly govenments espescially democratic govenments need to have transparency – all wistleblowers are important they are the checks and balances on our governments
rriski: Yes, EastCoast, read Near v. Minnesota from SCOTUS, the departure times of soldiers and battle info are not protected info for endangering soldiers and nat’l security.
joey_mornin: @EastCoast yes, definitely. states need secrets.
deskartez: only repressive states need secrecy
paul: Who is speaking now?
cw: Brett Horvath
paul: thanks
joey_mornin: deskartez can the state give me your SSN, DOB, and your financial history, then?
joey_mornin: that’s “personal” data but, in fact, it’s owned and maintained by the government
ladunkin: Question to panel: What are your thoughts on universities telling their students not to go to the wikileaks site, post articles, etc b/c it will affect possible future job opptys with the fed gov’t?
rriski: Yes, EastCoast, read Near v. Minnesota from SCOTUS, the departure times of soldiers and battle info are IS SECRET info for endangering soldiers and nat’l security. Sorry for awkward first description.
joey_mornin: @ladunkin Great Q. Here’s context: it was Columbia who asked their students to keep quiet. Here’s a post from a former student from Columbia in the program that was asked to keep silent:
joey_mornin: http://jackfruity.com/2010/12/sipa-shushing-students-over-cablegate-update/
joey_mornin: (and friend/coworker)
joey_mornin: Question for the panel: will we start seeing fake/fraudulent cables pretending to be part of the cablegate leaks?
moniguzman: Has OpenLeaks come up yet? It’s a spinoff of WikiLeaks launching soon … http://blogs.forbes.com/andygreenberg/2010/12/09/how-openleaks-the-first-wikileaks-spinoff-will-work/
joey_mornin: …and what are the implications?
deskartez: that is different joey what is at issue is exposing torture murder and What the wikileaks show is a flagrant disregard for the democratic rights of foreign citizens by American Officials
DerrickMah: a
deskartez: this type of stuff needs to be exposed so that poepl know what is going on
kirkland: scary about SIPA…
rriski: Fancher right on again. Context is king and MSM verify raw data for quality and truthfullness.
paul: Q to panel: To what extent do proponents of public release support protection of identifiable inforamtion about dissidents in, say, North Korea? Who should decide?
DerrickMah: @joey_morning: There is already a known incidence of fraudulent cables: See http://www.guardian.co.uk/world/2010/dec/09/pakistani-newspaper-fake-leaks-india
DerrickMah: well at least one known example
joey_mornin: @DerrickMah: also this: http://www.ding.net/wikileaks/234867.txt
joey_mornin: btw, columbia has retracted after pressure from students and the MSM
rriski: Some Columbia profs would suggest exactly the opposite. If students do n-o-t explore Wikileaks docs, it shows a lack of curiosity, inquisitiveness and topical interest in current events.
joey_mornin: @rriski Which profs? Source?
richjensen: “War” is  a very clumsy  and pernicious description of what WIKILEAKS is doing.  The term justifies a viloent reaction to their work.  Shouldn’t all fair-minded commenters reject the term “WAR”?
paul: I love the phrase “insane transparency”
richjensen: as in “cyberwar”…
joey_mornin: richjensen yes yes yes yes.
joey_mornin: richjensen: thank you.
Brian Rowe UW iSchool: it was, SIPA’s Office of Career Services warned students in an email last week that tweeting or posting about WikiLeaks on Facebook could endanger their job prospects with the federal government …
Brian Rowe UW iSchool: quote from huffington post
richjensen: WIKILEAKS is not, nor does it represent a warring state or enemy.
Eastsider: @richjensen “infotech intrusion”?
joey_mornin: @brain rowe: see above: http://jackfruity.com/2010/12/sipa-shushing-students-over-cablegate-update/
joey_mornin: (from a just-graduated SIPA student)
richjensen: Apparently it represents dissidents within the organs of the US Government.
joey_mornin: EthanZ is right. The Internet is a “public sphere” that’s controlled by profit-driven corporations.
richjensen: @Eastsider “truth break”?
richjensen: truth burst
yawn: http://cyber.law.harvard.edu/node/6498
Brian Rowe UW iSchool: @joey_morin thx, the school still appears involed in redistribution but it was not an offical policy statement merely advice
Brian Rowe UW iSchool: the net neutrality is being brought up now is huge
EastCoast: anybody heard of the DOD
rriski: Yep, Ethan hits on a tough nut. FB has censored/edited its site when the Iranian protests produced graphic images of protests, including the death of Neda (sp?) and that viral video of her death, …
rriski: …later covered by The New York Times.
yawn: to the panel: Could this all lead to the adoption of laws like those in the Icelandic Modern Media Initiative? and how could that happen?
Brian Rowe UW iSchool: is there anyone fighting to expand the shield law in washington state to everyone?
rriski: Yes, Washington Coalition for Open Government. URL may be WashCOG.org.
yawn: washingtoncog.org
rriski: Also NICAR Nat’l Institute of Computer-Assisted Reporting is an advocate of national shield law.
yawn: http://72.18.130.116/~publicey/
rriski: Love this dialogue. Fareed Zakaria’s GPS has diplomats on its CNN site and have discussed on how more diplomatic cables and matters will go to paper and non-electronic cables. Irony is abundant.
richjensen: Daniel Ellsberg: Hero or villian?
kirkland: for panel: do you think it will change diplomats’objectives and procedures? (ex: it was not really cost efficient to report on Sarkozy running after his son’s dog and rabbit)
paul: did I just hear sexual assault charges described as a game?
Seattlite: The details certainly raise some questions
rriski: Read the New Yorker profile on Assange: http://nyr.kr/93vPpw for some insights into background, values and methods of Wikileaks founder.
sasasa: Just saying hello in the name of 1 million dead irakis
Morgan: Sorry, who is on the panel?
yawn: but he’s not the founder. you already have bad facts
rriski: Read http://nyr.kr/93vPpw
paul: oh the puns
uwdigital: panelists: Mike Fancher, Editor at Large of The Seattle TimesBrett Horvath, Director of The Leaders NetworkSarah van Gelder, Editor-in-Chief, Yes! MagazineHosted by Hanson Hosein, Director MCDM
Morgan: Thx
sasasa: athenian decmocracy
paul: Great discussion and online experience–many thanks to all involved.
Morgan: So where is the question, “If this leak is ok, what about when Wikileaks posts millions of credit card numbers rather than diplomatic cables?”
yawn: are you joking
Russell: yea really
Morgan: Or the question, “Why are US military and diplomatic messages being leaked, but not Russian, North Korean, Iranian, Yemeni, etc”
sasasa: no military cables where leaked
Morgan: I was thinking of the last leak re: military info
sasasa: the video where we see the apache gunning down some people and joking about it?
MrSpetsnaz: Because countries listed havent got such lax security as US ?
sasasa: dotn you think these murderers need to be accountable?
Morgan: I am not saying that cables and credit card numbers are the same, I’d just like a conversation about how they are different.
Brian Rowe UW iSchool: wikileaks started as a wiki where anyone could post anything and failed, the current proccess is trying to vet the information and prevent fraud
yawn: @Morgan this is what you want to read pretaining to other countries: http://blogs.forbes.com/andygreenberg/2010/11/29/an-interview-with-wikileaks-julian-assange/
Morgan: Thx
sasasa: plusgood
RainbowBrite: i
yawn: what ws that upcoming talk?
Brian Rowe UW iSchool: /agree information use ethis needs to be a core subject as part of civics.
Morgan: Authors of Blur
yawn: when who?
Russell: talk on the age of overlaoded info
sasasa: 404?
sasasa: owww.. using german in debate
yawn: ?? http://www.amazon.com/Blur-Speed-Change-Connected-Economy/dp/0446675334
sasasa: get off your behinds and do something lol
rriski: Hanson Hosein, Director MCDM, did a great job and a plea, thanks to audience, for media literacy.
Morgan: Yes, the host was very good.

I want to Applaud UW’s MCDM program for running a great event!

Q: Why does wikileaks matter?

A:  Brett Horvath, Director of The Leaders Network: This is about freedom of the press. This is about the tension between traditional institutions of power (governments, banks, companies) and distributed networks.  This is also about the backroom deals that happen between traditional power structures.

A: Sarah van Gelder, Editor-in-Chief, Yes! Magazine:  Serious journalist are failing us, wikileaks is disrupting the illusion that traditional media is propagating.

A:  Mike Fancher, Retired Executive Editor at The Seattle Times: Information was scare, that has changed in today’s media.  What is it that distinguishes professional  journalist from all other .values of the press: truth, minimize harm, be accountable.

privacy is dead the the NSA is watching me, I should able watch what the government is doing.   -Mike Fancher

Comment from the Audience: Good government can not be done totally open…

Sarah van Gelder: personal privacy /= government privacy.  Large institutions are held to a different standard a higher standard.  There should be a bias for governments and corporations to be open.

Mike Fancher: We need radical openness not insane openness. We do not want everything online but we want a lot more then what we have now.

Comment from the audience: a lot of people are mad, V for vendetta and 1984 is how the world feels to people and it is hard for us to give governments trust.

The Live stream: I am moving my comments over the the MCDM live stream. http://www.livestream.com/mcdm