Results tagged “law”

In improvisational theater and comedy, one of the first rules of participation is allowing co-creation. Basically, instead of saying "No, wait!" you respond to your collaborators with "Yes, and..." to continue the conversation and start to create something great together.

That principle of collaborative and cumulative creation is a fundamental aspect of modern culture in general. Remixing, rebooting, remaking and re-imagining culture require a "Yes, and..." aesthetic. When a moment of online inspiration blossoms into a full-fledged meme, communities from 4Chan to YouTube are demonstrating their embrace of improvisational culture.

But this doesn't just apply to goofy web memes. This could be an interesting, even important aspect of how society and policy evolve as well.

Yes, and...

Take, for example, the recent Citizens United case at the Supreme Court. The ruling states, in effect, that companies can now spend an unlimited amount of their funds on political campaign ads for various candidates. People who prefer humans to corporations are, naturally, concerned about the pending completion of the corporate takeover of elections.

So, opponents of the decision are reacting as you'd expect, by trying to pass legislation to undo this damage to our democracy. But trying to roll back the clock on this sort of thing tends to get into the usual long, expensive, unproductive cultural-battle-masquerading-as-political-battle that makes so many of us get turned off by politics.

What could it look like in a "Yes, and...." culture, though? What if, while acknowledging that spending is not speech, we decide to forgo trying to roll back the law, and instead roll it forward? Yes, corporations can buy political advertisements, but what if any employee of the corporation could submit the content of the advertisement? The last video in before a TV station's programming deadline would be the one that went on the air, privileging those who are nimble with media, instead of just corporate officers.

Or if we struggle with Arizona's new law which allows police to detain suspected undocumented immigrants, instead of merely fighting to repeal the policy, we should extend it. Any legal resident or citizen of the United States who is wrongly detained by the police should get a free gun, perhaps one of those confiscated by the police. In that way, when we abridge the Fourth Amendment rights of someone, we make it up to them by supporting their Second Amendment rights. You want to protect the rights of Americans? Yes, and... we do too.

While the particular examples might be polarizing, the key principle is that you don't change culture by trying to stuff the cat back into the bag. I'm writing this up mostly as a reminder to myself, but hopefully some of you will find it useful, too.

Relatedly: What happens when vast numbers of social networking citizens find another law that they consider irrelevant? It's a million mixer march.

Imagine if half a million people marched on Washington, collectively broke federal law, did it in plain sight of the world's leaders and traditional media, and yet we all barely noticed? What if political leaders didn't even see it as a political act, but instead as some sort of funny stunt?

Over the last half-decade, it's become obvious that hundreds of thousands of people around the world have chosen to ignore copyright law and to upload copyrighted material to sites like YouTube without getting permission to do so. Technically, it's illegal. Practically, it doesn't matter. Politically, it's fascinating.

In the past, when an enormous number of people chose to willfully and blatantly disobey laws that they considered unjust, we called it an act of civil disobedience. We understood the social significant of their collective demonstration, and as a society started to reckon with the implications of their actions.Today, we instead see it as an odd quirk of online culture, and outside of some eggheaded discussions about the future of intellectual property law, we largely see it as unremarkable. And that's true despite the fact that traditional political demonstrations in the context of political activism are increasingly ineffective and anachronistic.

Putting the "Party" Back in Political Party

The open culture movement that's expressed through uploading content and remixes crosses conventional political lines and eludes identification with any traditional political affiliation. The sheer number of participants dwarfs movements (or perceived movements) that have attracted much more attention, such as the tea party efforts. Any given march on Washington these days ends not in policy reform or change in any enacted laws, but in pointless and contentious debate over how many people showed up and whether they represent an actual movement. But part of the reason this new online form of political demonstration is so effective in recruiting active participants is because it's made participation as easy as taking part in the existing social networks that so many of us contribute to every day.

For generations, political activists have said that the prerequisite to getting significant participation in a movement is to make the political personal. And nothing is more personal than the entertainment and media we consume and create on our social networks every day. Remixing is an increasingly political act.

So what happens when vast numbers of social networking citizens find another law that they consider irrelevant? What if it's something more contentious or fundamental than intellectual property law? What are the implications of the increasing disconnect between the letter of the law and its practice? Sure, we've had people disregarding marijuana usage laws for decades, but that kind of disobedience was practiced behind closed doors, not in an environment that's inherently public and social.

More importantly, what are the political efforts we can catalyze if we specifically design them to be as easy to participate in as social networking is today, and if we make sure they're not aligned to the traditional structure of political parties but instead are defined by communities of interest?

I don't know the answer, but it seems increasingly likely that even the most technophobic, regressive policy makers are going to start to understand the implications of large numbers of people in loosely-defined online communities choosing to remix and reform laws on the fly without any granted authority to do so. I can't pretend to know what this development implies. What I do know is that we've seen it as a sort of odd aberration for half a decade now, but soon we'll be obligated to see it as a new political tactic to be reckoned with.

Related: The Power of the Audience, about the sense of common experience on the realtime web.

Put these in your browser, and shake well.

• Facebook apps are not a long tail. So says Chris Anderson, who oughtta know. The tougher question is: Since the recent changes to app distribution on Facebook's platform, will there ever be another popular new application on Facebook again. Or is the era of hit F8 apps over already?
• Prince is Rolling Stone's most underrated guitarist. The article's got a great shot of Prince's most ridiculously entertaining affectation of recent years: His habit of throwing his guitar away in faux-disgust at the end of his solos. His poor guitar tech Takumi is gonna take one of these spiky symbol-shaped guitars to the head one of these days while trying to make the catch.
• I loved Ian Rogers' post about digital music, "Convenience Wins, Hubris Loses". Choice quote: "Back in 1999 ... We naively and enthusiastically suggested to labels that we’d be a great place to sell MP3s. The response from the labels at the time was universally, 'What’s MP3?' or 'Um, no.' Instead they commenced suing Napster." Working in music promo online back then, I got to see those reactions first hand, and I guess I was equally naive.
• Rafe points to Jeff Atwood's great post about copyright and YouTube. I have the opposite conclusion than these guys: If YouTube has created something fantastic, and it required copyright violation to do so, then copyright law should be changed to make it legal. Laws are ours, people -- they're not carved on stone tablets.
• The PlayStation 3 is a complete failure for casual gaming. That's not news, but it's never been articulated as well. Especially damning is that even the fanboys can only dispute minor facts, not the fundamental conclusion.

Kevin Werbach, internet gadfly and all-around nice guy, wrote a student Note in the Harvard Law Review entitled Looking It Up: The Supreme Court's Use of Dictionaries in Statutory and Constitutional Interpretation. Since then, Eugene Volokh's discovered that it's become one of the most-cited Notes he could find, with over 100 academic citations. Especially impressive since one of its core arguments is against blindly accepting the authority of dictionaries. An outline:

This Paper argues that the Supreme Court should exercise greater sensitivity in its use of dictionaries. Part I demonstrates the increased prominence of dictionaries in Supreme Court opinions during the last several years. This shift is too substantial to ignore or dismiss as a coincidence; some underlying factors must explain the trend. Part II therefore situates the Court's use of dictionaries within a broader context of changed attitudes toward statutory interpretation and the role of judges. Dictionaries are not ideal tools; they provide a range of definitions that bear an imperfect relationship to context and meaning. The choice of the dictionary as an interpretive tool requires substantive decisions by judges, and introduces the antecedent assumptions of dictionary editors into the legal process. Part III suggests that these and other considerations gravely limit the value of dictionaries to statutory and constitutional interpretation, and that the Court's current unselfconscious attitude towards the reference books greatly exacerbates these problems. The paper concludes in Part IV with suggestions for more rigorous and more appropriate use of dictionaries.

I love dictionaries and the people who make them, but I'm glad that are strong arguments against their being pressed into duty as legal references.