“Don’t Use Our Songs”

There was no way I could not share this. I recommend watching all the way through to the end.  Is the message entirely on solid ground copyright-wise?  Not quite.  Is the sentiment in the right place?  I think so.  And it’s funny as hell and includes a nice shout out to one of my favorite bands, The Dropkick Murphys.

Happy Monday.

DN

 

Democracy Officially Improved by Information Age

FB 1800

With the inevitability of Donald Trump’s nomination as the GOP candidate for president, I think we can officially declare the “information revolution” a rollicking success, don’t you?  When the savants and silicon pioneers of the 80s and 90s predicted that the Information Superhighway would be a great leap forward for democracy, I don’t remember anyone intimating that we would ride that highway to the demolition derby that American politics have since become. The unlikely, populist rise of an arrogant billionaire, whose monosyllabic campaign is textbook authoritarianism, is merely the latest extreme example suggesting  that information is utter bullshit.  Without context, without reason, without compassion and empathy, information is meaningless no matter how much its volume or speed of delivery may increase. Rarely, in all the theater of our post-internet politics, can it be said that Americans have been splashing about in the tide pools of ideas any more than we were 200 years ago, when information moved at the speed of the printing press and horse.

The image above refers to the highly-contentious campaign between Federalist John Adams and Republican Thomas Jefferson in 1800, in which the factions supporting these two founding fathers slung ugly at one another in ways that would have made shareholders at CNN wet themselves with pure Cristal.  Donald Trump’s circus of vitriol is amateur hour* compared even to the pundits of 1800.  As one writer for the Connecticut Courant wrote of Jefferson, whose deism was the focus of many a Federalist concern, …

Look at your houses, your parents, your wives, and your children.  Are you prepared to see your dwellings in flames, hoary hairs bathed in blood, female chastity violated, or children writhing on the pike and the halbert?

That’s the real stuff right there.  All Trump did to launch his campaign was insult every hispanic on earth.  But in 1800, the villain who was going to see to it that your women were violated and your children murdered was none other than the author of the Declaration of Independence himself. And according to the book Presidential Campaigns by Paul F. Boller, Jr., whence these stories come, a Connecticut woman really did try to hide her family Bible with a Jeffersonian friend for fear that the new president’s goons would soon be coming to confiscate and destroy it—her logic being that, “They’ll never think of looking in the house of a Democrat** for a Bible!” (Sounds like a theme we’ve heard for the past eight years regarding Obama and guns, no?)

Jefferson’s views remain central to the ongoing, constitutional debate on the separation between religion and state—a passionate argument that still produces behaviors as preposterous—if not more preposterous—as the woman hiding her Bible from the president.  American Christians in 1800 were apt to believe that Jefferson would end religion altogether in the United States—a falsehood that was largely manufactured by the Federalist party and Christian leaders, who relentlessly blasted Jefferson’s supposed atheism.  And Jefferson was not above firing back with some exaggeration himself, arguing that if, as magistrate, he were to declare national days of thanksgiving and fasts (as Adams and Washington had done), that the nation might as well reverse the revolution and return to rule by the English monarch, who was literally the head of the national church.  The separation issue, for Jefferson, was central to the rationale for republicanism itself—an idea not without historic merit, but a nuance lost amid the emotions of the public.

It had been less than a decade since the ratification of the Bill of Rights, and the realities of governance had already divided the heroes of the revolution and framers of the Constitution into snarling factions.  And though there was real animosity in many cases (e.g. the Federalist Hamilton hated Adams’s handling of the presidency), the public perception of the candidates’ true beliefs and ideas was as distorted by emotion and as exploited by the opposition as it is today. And these were the dudes who invented the country! Had there been Twitter and Facebook—had information moved as fast then as it does now, it is conceivable that the new and tenuous republic—which had not yet tested most of its constitutional principles—might not have withstood the heavy onslaught of utter nonsense that today aggregates so much empty-headed outrage into tangible political forces.

In getting to the real question, though, as to whether the internet has been good or bad for democracy, it’s hard to deny that it has certainly made what was already bad considerably more effective, which was never openly imagined in the ebullient, early days of the digital revolution.  It seems pretty clear now that groups and individuals who were previously and properly relegated to the “lunatic fringe” have coalesced via networked communications into bodies of political force that draw completely new—yet generally regressive—boundaries of political ideology.

The downside of “democratizing” the dissemination of information is that anybody gets to play and that anybody really does mean anybody. And because it is the nature of the internet to connect people to the information they want to know and then connect like-minded people to one another, we might have expected that the lunatic fringes of both the left and right would congregate at either end of the pole and give rise to new political factions among digital natives—factions that cannot properly be defined as classically liberal or conservative, democrat or republican.   And they like it that way.

Among the extreme left, we have the social justice warrior types—the ones who see micro-aggressions in every interaction, demand safe spaces on college campuses, refuse to read assigned classics they find “triggering,” and who use terms like cultural appropriation and patriarchy as excuses for disengagement while claiming to respect diversity. They are insufferable people, who have managed to use the privilege of their educational opportunities to invent new forms of cultural segregation, beginning with mandatory self-flagellation by all white, heterosexual males.  Naturally, the SJWs, as they are called, are an internet phenomenon; and their antagonists, the alt-right, also found one another in cyberspace.  Both sides have grown up expressing their political sensibilities in the intolerant lingo of Trollish; and the one aspect they seem to have in common is tribalism. Their sublimation of the individual for the sake of the hive is unquestionably a reflection of their digital nativity, and it is a quality that confounds sensibilities among both democrats and republicans for its inherent un-Americanness.

Jack Hunter, a conservative writing for The Daily Beast about the alt-right, describes a foggy space between troll-like behavior reacting to the identity politics of the social justice warriors and the extent to which that rhetoric inevitably finds kinship with honestly-meant white-supremacist views. Hunter writes, “ … the heart of alt-right tribalism leads to something that is definitively anti-libertarian and functionally authoritarian. The alt-right is characterized by an extreme collectivism that is unavoidably racist.”

When Donald Trump declares without a hint of nuance that, “PC in this country has gone too far,” he successfully rallies both the troll and the real racist to his brand of intolerance. In many ways, Trump’s nationalist theatrics are a thuggish version of the optimistic and reactionary campaign run by Ronald Reagan in 1980—invoking a nostalgia for an idyllic America that never existed–unless one views as utopian the kind of innocence that would play in the fog of DDT trucks, picnic at the edge of nuclear test blast zones, and demand that the races and sexes remain neatly organized into their “rightful places.” But the important shift in tone from affable Reagan to boorish Trump brings groups like the KKK, Neo-Nazis, and the openly racist alt-right out of the shadows and into the mainstream of national debate. Meanwhile, the Bernie-or-Bust crowd—many who would be voting for the first or second time—seem to have decided that if we cannot attain a new socialist utopia in the next four years, they’re just going to pack it in.

Certainly, there are many interrelated and complex reasons why our politics are the way they are, why they have always been this way. In a sense, I suppose we have to admit that the digital revolution has been “good for democracy” to the extent that vox populi is louder than ever.  Whether or not the voice is saying anything we can call progress is whole other question.


* Since the publication of this post, it is fair to say that Trump’s rhetoric has exceeded the hyperbole of the past.

**The Republican Party of Jefferson would later become the Democratic Party, but it was common to use the term in general discussion prior to the official change.

Democracy Disrupted

A couple of posts ago, I reported that the organization Fight for the Future had facilitated enough comments sent to the Copyright Office regarding Section 512 of the DMCA that they “crashed” the servers.  In a follow-up email brimming with pride, the organization said this to those who contributed:

“Wow! In a matter of days you and nearly 100,000 other people told the U.S. Copyright Office about the urgent need for better Fair Use and free speech protections in the DMCA.”

I didn’t receive one of these emails, but my friend David Lowery did. And not because he said anything to the Copyright Office about the “urgent need for better Fair Use and free speech protections,” but because he and his colleagues tested the FFTF web form email blaster and published their findings on The Trichordist blog.  They found that the automated system did not verify email addresses or confirm that IP addresses were within the US; it also allowed multiple comments from the same source and as stated in the post, “we managed to post rapid-fire comments (less than three seconds between comments).”

As indicated in my other post, I really do believe you’d have to search long and hard to find 100,000 citizens who could properly explain the DMCA, let alone fair use doctrine; but to compound this nonsense, some astroturf organization floods a government server with automated messages that may represent anything from bots to foreign citizens to minors to the typically pavlovian American, who just clicks stuff that sounds really serious but that he doesn’t understand.  Democracy in action indeed.

I’ve made this point many times, but it’s one worth making often.  This type of automated “political action,” which in this case is funded by a very large industry, should be among the real digital-age phenomena that scares the hell out of people, regardless of the stated issue du jour.  Forget the DMCA for a moment and imagine it’s the pharmaceutical industry or petroleum or Koch Industries using the same exact tools to rally virtual citizens, sock puppets, non citizens, and literally anyone capable of believing a lie and clicking a mouse to flood the EPA or HHS on some matter that disfavors the public interest in the service of one industry’s bottom line. That’s not even coming close to the reason the first amendment affirms the rights of speech and the petition of government. And, yes, there is a history of obfuscation by big business since long before the internet, but automation seems uniquely suited to fostering the illusion that the people are the ones doing the speaking.

In The Trichordist post, Lowery indicates that if FFTF used the type of automation described above to flood government servers, it might have been illegal but was at least a well-funded monopolization of a system meant to allow all parties to comment on an issue. Hence the “crashing” that this organization is so proud of is tantamount to—you got it—chilling free speech.  One could of course say this about any online petition in theory, but isn’t it interesting that the last time we heard about crashing systems like this was over SOPA?  So, does this really happen because there are so many well-informed citizens who care more about “digital rights” than any number of more pressing issues? Or might it have something to do with the fact that the corporate interests in these cases also happen to be the world’s experts in automation and aggregation?  Maybe not.  Maybe there really are more Americans worried about whether or not some YouTube video is a “fair use” than are concerned with the economy, violent crime, security, real civil rights violations, etc.  And if that’s the case, then  there’s truly nothing left of the Republic worth fighting for, is there?

On the positive side, I suspect a lot of this digital reactivism is wasted and that the internet industry may eventually discover that not everything is a numbers game.  For all the megabytes of outrage, what exactly does anyone think the Copyright Office is supposed to do with most of it? Responsibly vetted petitions have an important role to play in public policy.  But in a moment like this, it is the Register of Copyright’s job to consider the views of various stakeholders; and the comments that should be most influential will come from representatives of all sides who submit fairly long and well-reasoned statements based on actual knowledge of the law.

Ultimately, the Copyright Office recommendations to Congress on Section 512 may be 100 pages worth of analysis based on legal precedent going back to the beginning of the country. So, any petition to this particular office only carries so much weight in the first place; but how much attention does Fight for the Future imagine copyright experts will give to some boilerplate whinging about a doctrine they have grossly misrepresented to the signers of said petition?  And even 100,000 verified signatures would be small potatoes in a age when people will click on just about anything.  It probably wouldn’t be that hard to automate 100,000 “signatures” to lobby the White House to appoint Sponge Bob Square Pants as Ambassador to Fiji, but so what?  (Come to think of it, that petition would probably do quite well.)

There are an estimated 5.5 million jobs in the U.S. that directly depend upon the protection of copyrights. Meanwhile, every independent rights holder I have thus far encountered has effectively given up on the DMCA as a tool for protecting creative works online.  That’s a tangible problem, and one that does affect everyone because 5.5 million jobs supports a hell of lot more jobs than that in the overall market.  We could take this reality seriously, or we could keep finding ways to imagine that free speech is under siege and continue to allow the largest companies in the world to manipulate the political process with a little code and a lot of noise.